Terms & Conditions
Terms and Conditions of Entry for the TACO BILL “INSTANT WIN” Promotion” (Promotion)
These terms and condition of entry, including information on how to participate and prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The Promoter is Stuart Alexander & Co Pty Ltd, ABN 43 000 058 677, Level 3, 1-3 Smail Street, Ultimo NSW 2007 (Promoter).
3. The outlets participating in the Promotion (Participating Outlets) are Taco Bill with 28 outlets in Victoria and 1 outlet in New South Wales.
4. The Promotion will be open from 10am AEST on 27th May 2010 until the earlier of:
(a) 10pm AEST on 18th July 2010; and/or
(b) the time and date all Scratch Cards (as defined in paragraph 4(a) of these Terms) have been distributed by the Participating Outlets.
5. Entry in the Promotion is only open to NSW and VIC residents:
(a) aged 18 years and over; and
(b) aged under 18 years, who have obtained their parent or guardian’s consent to enter the Promotion on these Terms and whose parent or guardian have agreed to these Terms, excluding:
(c) management, employees, directors and contractors of the Promoter, its related bodies corporate, the Participating Outlets and other agencies, firms or companies associated with the Promotion (including suppliers of prizes);
(d) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 5(c) of these Terms;
(e) persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and
(f) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter, (Eligible Entrants). The persons referred to in paragraph 5(d) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO ENTER
6. To enter and be eligible to win, Eligible Entrants must:
(a) purchase a Chipotle Chicken Supreme Burrito from a Participating Outlet during the Promotion Period. (Qualifying Purchase) to receive a Promotion scratch card (Scratch Card); and
(b) Eligible Entrants are required to scratch the panel on the card to reveal an Instant Win Prize (as defined in clause 7) .
INSTANT WIN PRIZES
7. Instant Win prizes to be won at random during the promotional period via the Scratch Card. Prizes include 1 x Foosball Table valued at AU$249.95 (including GST) (RRP). Prize will be randomly won at one of the 29 participating outlets.
There will be 29 Participating Outlets, Instant win prizes to be won in each outlet include:
a) 2 x Soccer Scarfs valued at AU$29.95 (including GST) (RRP)
b) 2 x Soccer Beanies valued at AU$24.95 (including GST) (RRP)
c) 2 x Tabasco Aprons valued at AU$14.99 (including GST) (RRP)
d) 5 x Tabasco Cooler Bags valued at AU$16.99 (including GST) (RRP)
e) 12 x Soccer Keyrings valued at AU$14.99 (including GST) (RRP)
f) 57 x ‘Go Aussie Go’ Inflatable Rally Sticks valued at AU$5.99 (including GST) (RRP)
Total prize value in each participating outlet is AU$807.96 (including GST) (RRP)
8. Instant Win Prize winners will be required to claim their Instant Win Prize from the Participating Outlet where they received the scratch card by 18th July 2010. If Instant Win Prizes are not claimed by 18th July 2010, they will be forfeited.
9. The total value of prize pool available to be won in the VIC is AU$22,872.83 (including GST) and total value of prize pool available to be won in NSW is AU$1,057.91.
(Instant Win Prizes).
10. Any unclaimed prizes from the advertised prize pool will be distributed after the completion of the lottery.
11. At the end of the lottery all existing claims to prizes will be met notwithstanding the advertised prize pool has been exceeded
12. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
13. Entrants must retain the original Scratch Card (Proof of Purchase) which corresponds to all entries they submit in the Promotion in order to claim any Prize won.
14. If requested by the Promoter, the provisional Prize winners must produce, within the time requested by the Promoter at its absolute discretion:
(a) appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize and compliance with these Terms; and
(b) their Proof of Purchase that corresponds to all entries they have submitted in the Promotion, before the Promoter issues their Prize. If the items required by the Promoter are not received or a provisional winning entry has not been verified to the satisfaction of the Promoter within the time period required by the promoter, the provisional winner’s entry will be invalid and, at the Promoter’s absolute discretion, all of the provisional winner’s remaining entries will be invalid. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.
15. If more than one person attempts to claim a particular Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant.
16. Each Qualifying Purchase counts towards one entry only.
17. Each Eligible Entry must be.
(a) based on a separate Qualifying Purchase in a separate transaction; and
(b) submitted separately in accordance with these Terms.
18. All costs associated or arising in connection with an Instant Prize are the responsibility of the Prize winner.
19. Entrants can only enter the Promotion in their own name.
20. There will be a total of 29,000 Scratch Cards available for distribution in the Promotion. A total of 1,000 instant win scratch cards printed for each participating outlet.
21. Printing and other quality control errors will not invalidate an otherwise valid Prize claim.
22. In order to claim a Prize, the Prize winner, and their parent or guardian if they are aged under 18 years of age, are required to sign a Promotion Participation Agreement on terms determined by the Promoter, including:
(a) confirming their eligibility to enter the Promotion and compliance with these Terms; and
(b) providing a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and acceptance and use of their Prize.
23. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.
24. The Promoter shall not be liable for any Prize being lost, stolen, damaged or tampered with in any way before it reaches the winner.
25. The Promoter accepts no responsibility for any variation in the value of Prizes.
26. If the Promoter is unable to provide a winner with a nominated Prize, the Promoter reserves the right to supply an alternative Prize of similar monetary value to the nominated Prize, subject to any directions given by NSW Gaming and Racing Department and Victorian Commission for Gaming Regulation.
27. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.
28. If, for any reason, the Promotion is not capable of being run as planned, including due to tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to NSW Gaming and Racing regulations and Victorian Commission for Gaming Regulation, including cancelling, terminating, modifying or suspending the Promotion.
29. Any entrant who, in the opinion of the Promoter, tampers or interferes with the instant win mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
30. The Promoter’s decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
31. The Promoter collects personal information about entrants to include Eligible Entrants in the Promotion and where appropriate award prizes. If the personal information requested is not provided, the Eligible Entrant may not participate in the promotion. By participating in the Promotion, each Eligible Entrant also acknowledges that further primary purposes for collection of entrant’s personal information by the Promoter are, and the Eligible Entrant consents to the Promoter using their personal information for, the following purposes:
(a) contacting the entrant in relation to the Promotion;
(b) improving the Promoter’s or the Promoter’s related entities’ goods and services;
(c) contacting the entrant in the future for the Promoter’s or the Promoter’s related entities’ marketing purposes via any medium including mail, telephone (regardless of whether the entrant is registered on the Do Not Call Register) and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other media including media not yet in existence at the time of the Promotion; and
32. The entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter Entrants can also gain access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Compliance Officer (as set out in point 2 of these Terms). All personal information will be stored at the office of the Promoter or Prime Focus as the case may be.
33. By entering the Promotion, entrants agree and acknowledge:
(a) they may be contacted by the Promoter (or an agent of the Promoter) to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos or recordings of them;
(b) the Promoter may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the Materials) for the Promoter’s future promotional and marketing purposes without further reference or compensation to them;
(c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same.
(d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose it determines;
(e) they unconditionally and irrevocably.
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and
(ii) waive all Moral Rights in the Materials that arise outside Australia; and
(a) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
(a) Promoter, the Promoter’s related entities, the Participating Outlets, and all agencies associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph 33(a), shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of, or participation in, Prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
35. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a Prize.
36. Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.
37. If a Prize winner is under 18 years of age, the prize will be awarded to their parent or guardian. Minors may use a Prize but must be accompanied by a parent or guardian to do so.
38. Each entrant and, if the entrant is under 18 years of age, their parent or guardian, acknowledges and agrees that it is a condition of participation in the Promotion that the entrant be capable of agreeing to these Terms and giving the consents contained herein.
39. The parent or guardian of each entrant under 18 years of age:
(a) will ensure that the entrant in respect of whom they agree to these Terms, will comply with these Terms; and
(b) warrants that the entrant in respect of whom they agree to these Terms, is capable of agreeing to these Terms and giving the consents contained herein.
40. The parent or guardian of each entrant under 18 years of age agrees to indemnify the Promoter against:
(a) any claims made by the entrant, his or her guardian, any member of his or her family or any other party, against the Promoter in connection with the Promotion or the entrant’s participation in the Promotion; and
(b) any losses (including any liability) caused by any act or omission of the entrant which is inconsistent with these Terms.
41. The parent or guardian of each entrant under 18 years of age who participates in the Promotion, acknowledges that they are provided with the opportunity for their child to participate in the Promotion, as consideration for their agreement to these Terms.
42. The Promoter may require any parental or guardian consent or agreement referred to in these Terms to be produced in writing, and such consent if requested must include the words “in consideration of Stuart Alexander & Co agreeing to admit the entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion”.
Authorised under NSW Permit No LTPS/10/00000.