“MIGHTYMITE – WIN A TRIP TO THE USA & DAYTONA 500” PROMOTION
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. All times stipulated in these Terms and Conditions are expressed in 24 hour time.
2. Entry is only open to Australian residents aged 18 years or over (“Eligible Entrant”). Employees (and their immediate families) of the Promoter – Three Threes, distributors, retailers and suppliers 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 1st cousin. Employees of the Promoter include employment agency employees who are currently performing work for the Promoter.
3. This promotion commences at 06:00 AEST on 15/07/2017 and final entries close at 12:00 AEST on 24/11/2017 (“Promotional Period”).
4. To be eligible to enter, the entrant must be an Eligible Entrant and must during the Promotional Period:
– purchase a specially-marked jar of MIGHTYMITE
– Scan the QR code on the label or visit mightymite.com.au to enter using the special code printed on the label, following the prompts to the promotion entry page and inputting the requested details including their full name, email address, phone number, State/Territory of residence, promo code (found on the product label).
5. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the Eligible Entrant.
6. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence and proof of purchase) and reserves the right in its sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached 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 promotion. 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, including its right to recover damages, or other compensation from such an offender are reserved.
7. Incomplete entries will be deemed invalid.
8. Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per promo code, with proof of purchase required for each promo code entered and (b) each entry must be submitted separately and in accordance with entry requirements. All entries must be received during the Promotional Period.
9. Eligible Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrant’s entries and forfeiture of any right to a prize. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure, or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
10. There will be one (1) prize draw event conducted for all entries received, conducted at 17:00 AEDST on 24/11/2017.
11. The draw will take place in the pit paddock at the Coates Hire Newcastle 500 Supercars event and filmed live on Three Threes’ Facebook page – www.facebook.com/333condiments/
For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in NSW.
12. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. All winners will be notified in writing by email and telephone within two (2) business days of the relevant draw. Winners will have their names published online at www.mightymite.com.au from 27/11/2017 and remaining for a period of 28 days.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn in the Major Draw will win a trip for two (2) people to the USA and the Daytona 500 event, to be held on 18 February 2018 valued up to AUD$15,000 depending on point of departure.
15. Prize includes:
– Economy flights for two (2) from the winner’s closest Australian capital city to Los Angeles to Orlando, with transfers to the 2018 Daytona 500 – to be held at Daytona International Speedway on Sunday, February 18, 2018.
– Accommodation for two (2) for four (4) nights at a four-star rated (minimum) hotel nominated by the Promoter.
– Tickets and experiences for two (2) for the 2018 Daytona 500, including a ‘HOT PASS’ experience which includes team pit garage and hauler tour, grid photo with driver and attendance at driver briefing.
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 accommodation partner. Exact travel dates will be advised. All bookings and documentation regarding the prize must be made via Three Threes’ or their agents. Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by Three Threes’ or their agents and the airline carriers in accordance with normal travel practices. No portion of the prize is redeemable for cash. The prize is non-refundable or transferable. Winner and companion must be in possession of a valid passport with a minimum of six months validity on it prior to departure. Winner is responsible for any amendments fees issued by airlines or suppliers once booking is confirmed and ticketed. Visas, valid passports, additional spending money, meals (other than those included), items of a personal nature, in-room charges 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 traveling companion as incurred. It is the winner’s responsibility to organise transport to/from the airport departure/return point. The Promoter recommends that the prize winner and their travel companion obtain travel insurance for their period of travel.
16. The Major Prize must be taken to coincide with the scheduled events with flights departing the winners’ closest capital city on the dates to be advised by the Promoter as listed in item 15, and is subject to booking and flight availability. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary (including airline) to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
17. In the event of war, terrorism, state of emergency or natural disaster, inclement weather, industrial action or any other event beyond the Promoter’s reasonable control preventing travel in accordance with the determined itinerary the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority or aviation authority.
18. Subject to the unclaimed prize draw clauses, if for any reason a winner does not take/redeem a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and not be redeemable for cash.
19. If any prize (or part of any prize) is unavailable (including as a result of any event described at clause 18), the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
20. Total prize pool value is up to AUD$15,000. Prizes (or any unused portion of a prize) are not transferable or exchangeable and cannot be taken as cash unless otherwise specified.
21. Eligible Entrants consent to participating in any publicity activities as determined by the Promoter in its absolute discretion, including 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.
22. 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 Eligible Entrants; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
23. Any cost associated with accessing the Internet is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
24. 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.
25. 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) if the Daytona 500 event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or Eligible Entrant; or (g) use of a prize.
26. As a condition of accepting a prize, the winner (and any companion/s) must sign any legal documentation as and in the form required by the Promoter/Prize Supplier/organisers in their absolute discretion, including but not limited to a legal release and indemnity form.
28. The Promoter is Three Threes Condiments Pty Ltd, 37 East Street, Lidcombe NSW 2141 (ABN 97 000 406 324), Telephone: 1800 018 133
NSW Permit No. LTPS/17/15384
SA Licence number T17/1169
ACT permit number 17/01232