Terms and Condition winwithEvian

Terms and Conditions

 

“EVIAN METCASH CONSUMER PROMOTION 2024”

 

TERMS AND CONDITIONS

 

 

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. Entry is only open to Australian residents.

 

  1. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

 

  1. Employees (and their immediate families) of the Promoter, Participating Stores (defined below) and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

 

  1. Entries into the promotion open on 28/08/24 and close at 11:59pm AEST on 24/09/24 (“Promotional Period”).

 

  1. A participating store is any store located in Australia that stocks the Eligible Products (defined below) and displays advertising material for this promotion during the Promotional Period (each a “Participating Store”).

 

  1. To be eligible to enter, individuals must, during the Promotional Period, purchase any Evian product (each an “Eligible Product”) from a Participating Store (“Qualifying Transaction”). In the event that a purchase receipt is not provided to an entrant for their Qualifying Transaction, it is the entrant’s responsibility to request such materials.

 

  1. To enter and receive one (1) entry into the relevant Weekly Prize Draw (defined below) and Major Prize Draw (defined below), individuals must during the Promotional Period:

 

  • visit WinWithEvian.com.au;
  • follow the prompts to the promotion entry page;
  • input the requested details (including but not limited to their full name, valid email address, postal address and phone number);
  • upload a photo of their Qualifying Transaction receipt; and then
  • submit the fully completed entry form during the Promotional Period.

 

  1. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the number of Eligible Products purchased in that Qualifying Transaction in excess of one (1)); (b) a maximum of three (3) entries per person per day; and (c) each entry must be submitted separately and in accordance with entry requirements.

 

  1. Entrants must retain a copy of their Qualifying Transaction receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. The Qualifying Transaction purchase receipt must clearly specify the product purchased, store of purchase and that the purchase was made during the Promotional Period but prior to entry.

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

 

  1. There will be a total of five (5) draws conducted for this promotion consisting of four (4) weekly draws (each a "Weekly Prize Draw") and one (1) draw for the chance to participate in the Game (defined below) (“Major Prize Draw”). Entries into each draw open and close on the dates/times indicated in the table below. All draws will be held at Greeneagle Distribution & Fulfilment 5/9 Fitzpatrick St, Revesby NSW 2212 on the dates/times indicated below. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Prize winners will be notified by email within seven (7) days and all winners will have their names published (initial, surname and postcode) at WinWithEvian.com.au on the dates outlined in the table below. All non-winning entries in each Weekly Prize Draw will NOT be entered into all subsequent Weekly Prize Draws and all winning and non-winning entries will be entered into the Major Prize Draw.

 

Draw

Date Entries Open

Date Entries Close

Date and time of prize draw

Number of winners

Winners published

Draw 1

28/08/24

11:59PM AEST on 03/09/24

04/09/24 at 12:00PM AEST

1

11/09/24

Draw 2

04/09/24

11:59PM AEST on 10/09/24

11/09/24 at 12:00PM AEST

1

18/09/24

Draw 3

 11/09/24

11:59PM AEST on 17/09/24

18/09/24 at 12:00PM AEST

1

25/09/24

Draw 4

18/09/24

11:59PM AEST on 24/09/24

25/09/24 at 12:00PM AEST

1

02/10/24

Major Draw

28/08/24

11:59PM AEST on 24/09/24

27/09/24 at 12:00PM AEST 

1

03/10/24

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. The first valid entry drawn in each Weekly Prize Draw will each win $1,000 cash (awarded in the form of an electronic funds transfer into the winner’s nominated Australian bank account) (“Weekly Prize”).

 

  1. The first valid entry drawn in the Major Prize Draw will win that individual (“the Participant”) the opportunity to play a contingency game ("the Game") for the chance to win one (1) $100,000 Free2Travel voucher (“Major Prize”).

 

  1. The Game will take place at Stuart Alexander, Level 3, 1 Smail Street, Ultimo NSW 2007 on 11/10/24 at 12:00PM AEDT. Any and all costs associated with attending the Game are the sole responsibility of the Participant. If the Participant resides outside of NSW, they may participate in the Game via telephone whereby they will select a number between 1 and 100 (inclusive) and a representative of the Promoter will select the envelope bearing that number on their behalf. If the Participant resides in NSW but cannot attend the Game, they may appoint a proxy over 18 years of age to play the Game on his/her behalf provided that the Promoter gives written, signed notice to that effect before the start of the Game. In the event that the Promoter has not been able to contact the Participant before the start of the Game, a representative of the Promoter will play the Game on the Participant’s behalf.

 

  1. There will be one hundred (100) numbered game pieces on display at the start of the Game.  One (1) game piece will contain a promotional message representing $100,000. The other ninety-nine (99) game pieces will each contain a promotional message representing the Consolation Prize (defined below). The Participant/representative (“Attendee”) must choose only one (1) game piece without touching, handling or interfering in any way with any of the other game pieces on display. If the Attendee is found to have breached this condition, he/she will be disqualified. If the Attendee selects the game piece containing the promotional message representing $100,000, then, subject to verification by the judges, the drawn Participant will win the Major Prize. If the Attendee selects a game piece containing a promotional message representing the Consolation Major Prize, then the Major Prize will not be given away and, subject to verification by the judges, the drawn Participant will win the consolation prize of $2,000 cash (awarded in the form of an electronic funds transfer into the winner’s nominated Australian bank account) (“Consolation Prize”).

 

  1. The Participant’s odds of winning the Major Prize is one (1) in one hundred (100). The odds of being drawn to play the Game may be significantly higher than the odds of the Participant winning the Major Prize and will depend upon the number of entries received.

 

  1. Winners of a cash prize are responsible for providing full and accurate personal and bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.

 

  1. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.

 

  1. Any ancillary costs associated with redeeming the Free2Travel voucher are not included. Any unused balance of the Free2Travel voucher will not be awarded as cash. Redemption of the Free2Travel voucher is subject to any terms and conditions of the issuer including those specified on the Free2Travel voucher.

 

  1. If the Free2Travel voucher is used to redeem a first-class flight, such flights are subject to airline/aircraft servicing first-class options and not all airlines/destinations offer first-class flights. The Free2Travel voucher may be used towards any component of travel. A 10% booking and service fee will be deducted from the Free2Travel voucher with each booking made. All travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with an accommodation partner. The Free2Travel voucher must be redeemed by 11:59pm AEST on 01/10/25. All bookings and documentation regarding the prize must be made via Free-2-Travel Holidays Pty Ltd or their agents. Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2-Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices. No portion of the prize is redeemable for cash. The prize is not refundable or transferable. In the event the winner is under the age of 18 years, they must be accompanied by a parent/guardian. Winner is responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed. Winner alone is responsible for any additional taxes and/or resort fees associated with the chosen accommodation, unless otherwise stated. Any additional spending money, meals (other than those included) and any other ancillary costs, including but not limited to insurance and any applicable insurance excesses, not listed in the travel prize package descriptions above are the responsibility of the travel prize winner and his/her nominated travelling companions as incurred. It is the winner's sole responsibility to organise transport to/from the airport departure/return point.

 

  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a prize at/by the time stipulated by the Promoter, then the prize will be forfeited.

 

  1. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

 

  1. Total prize pool value is up to $104,000.

 

  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

 

  1. A draw for any unclaimed prizes may take place at Greeneagle Distribution & Fulfilment 5/9 Fitzpatrick St, Revesby NSW 2212 on 28/10/24 at 12:00PM AEDT, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email and their names will be published (initial, surname and postcode) at WinWithEvian.com.au from 17/01/25. In the event the Major Prize Draw prize is unclaimed, the unclaimed draw winner will win whatever prize was selected by the Attendee of the original Game, being either the Major Prize or the Consolation Prize.

 

  1. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

 

  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 

  1. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

 

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

 

  1. As a condition of accepting the Major Draw prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

 

  1. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://stuartalexander.com.au/pages/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.

 

  1. The Promoter is Stuart Alexander & Co Pty Ltd (ABN 43 000 058 677) of Level 3, 1 Smail Street, Ultimo NSW 2007, telephone 02 9282 7700 (“Promoter”).

 

NSW Authority No. TP/03170. SA Permit No. T24/ 907. ACT Permit No TP24/ 01170.