Dew Tour Promotion Conditions

PARTICIPATION

  1. This promotion (“Promotion”) is conducted by Pepsico Australia Holdings Pty Limited, ABN 25 079 719 743, of 799 Pacific Highway, Chatswood NSW 2067 (“Promoter”).
  2. Entry to the Promotion constitutes acceptance of these conditions. All entry instructions and prize information published by the Promoter form part of these conditions.
  3. The Promotion is only open to Eligible Entrants. An “Eligible Entrant” is an individual who: (i) is a resident of Australia aged 13 years, or older; and (ii) is not an employee of the Promoter or any of its related corporations or any of their agencies associated with the Promotion; and (iii) is not a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of such an employee.
  4. Promotion entry opens at 10am on 31/10/09 and closes at 10am on 30/1/10 (”Entry Period”). All times and dates are times and dates in Sydney which may be AEST or AEDT depending on the date.

    ENTRY
  5. Entry can only be made by internet. To enter the Promotion, an entrant must first use a compatible browser to register at www.dothedew.com.au (”Promotion Website”). To register, the entrant must follow the instructions at the Promotion Website and must provide all required details, including first and last names, age, contact phone number, address and e-mail address.
  6. An Eligible Entrant will be automatically awarded one entry to the Draw (see condition 20) after completing his/her registration in accordance with condition 5.
  7. To obtain additional entries to the Promotion, an Eligible Entrant must purchase a Mountain Dew branded 375ml can, or 600ml or 1.25L or 2L bottle (each a “Promotion Product”) from any retail outlet anywhere in Australia during the Entry Period.
  8. Subject to the other conditions (in particular condition 9), an Eligible Entrant may submit one additional entry for every Promotion Product that they purchase in accordance with condition 7. Each such entry submitted by an entrant is referred to in these conditions as a “Product Entry”.
  9. On any one day (being a period from 10am on one day to 10am on the next day): (i) an Eligible Entrant may submit no more than 2 Product Entries; and (ii) no more than 2 Product Entries will be accepted containing the same e-mail address.
  10. To submit a Product Entry, the entrant must use a compatible web browser to visit the Promotion Website. The entrant must then follow the instructions at the Promotion Website and must provide all required details, including the last four digits of the bar code on the Promotion Product being used to enter.
  11. For each Product Entry submitted during the Entry Period, the entrant will be automatically awarded one entry to the Draw (see condition 20). In addition, the Product Entry will be included in the Instant Win Competition (see condition 24).
  12. Each Promotion Product purchased must not be used for more than one Product Entry.
  13. All entrants must ensure that their entries are received by the Promoter during the Entry Period. The Promoter takes no responsibility for any late or misdirected entry or for any delays or failures in any telecommunications service or equipment.
  14. For each and every Promotion Product an entrant uses to submit a Product Entry, he/she MUST retain: (i) the label from the Promotion Product used to enter if the Promotion Product is a bottle; (ii) the whole Promotion Product used to enter if the Promotion Product is a can.
  15. All entries to the Promotion may be subject to verification by the Promoter. The Promoter will reimburse an entrant for any reasonable costs incurred in complying with this condition.
    (i) An entrant MUST, within 7 days of being asked, deliver to the Promoter (by a means determined by the Promoter) all of the items which condition 14 requires the entrant to retain and which are requested by the Promoter. The Promoter may elect not to return those items.
    (ii) An entrant MUST also deliver to the Promoter (by a means determined by the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity. The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter’s request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.
  16. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant: (i) fails to establish their entitlement to enter the Promotion to the Promoter’s reasonable satisfaction; or (ii) fails to produce items as required by condition 15 or produces items that, in the Promoter’s reasonable opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or (iii) in the Promoter’s reasonable opinion, tampers with the entry process or benefits from such tampering; or (iv) in the Promoter’s reasonable opinion, submits an entry which is not in accordance with these conditions.
  17. An entry by more than one person (ie a joint entry) is invalid.
  18. Any costs associated with accessing the Promotion Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
  19. Eligible Entrants must make their entries manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.

    DRAW AND DEW TRIP PACKAGE PIZE
  20. The draw for this Promotion (”Draw”) will be held at 3pm on 3/2/10 at Greeneagle Distribution & Fulfilment, 10/20 Ricketty Street, Mascot NSW 2020. The Draw will include all entries to the Draw that were awarded in accordance with conditions 6 or 11.
  21. The Eligible Entrant who was awarded the first valid entry drawn will win the Dew Tour Package Prize, valued at a maximum of $23,577. The Dew Tour Package Prize comprises:
    (i) The Dew Tour Trip (as more fully described below);
    (ii) a voucher to exchange for clothing to a maximum value of $1,000 from a retail outlet in Australia of the Promoter’s choice;
    (iii) a voucher to exchange for computer and/or camera equipment from a Dick Smith retail outlet in Australia to a maximum value of $2,500;
    (iv) a voucher to exchange for mobile telephone goods and/or services from a Vodafone retail outlet in Australia to a maximum value of $1,578; and
    (v) an XBox bundle pack valued at $499, comprising XBox related products selected by the Promoter.
  22. Each of the three vouchers included in the Dew Tour Package Prize is valid for a period of 12 months from the date of issue, cannot be used in conjunction with any other offer or promotion, is not redeemable for cash and is subject to such other terms and conditions as may be imposed by the issuer of the voucher from time to time.
  23. If the winner of the Dew Tour Package Prize is under 18 years of age, the prize will be awarded to a parent or guardian of the winner, as determined by the Promoter, on the winner’s behalf.

    INSTANT WIN COMPETITION
  24. Each Product Entry received during the Entry Period will be included in the Instant Win Competition. Entries received outside the Entry Period will not be eligible to win an Instant Win Prize.
  25. The following 286 instant win prizes (each an “Instant Win Prize”) are available to be won during the Entry Period:
    (i) 26 x Skateboard Vouchers, each valued at $250;
    (ii) 26 x Dick Smith Vouchers, each valued at $250;
    (iii) 52 x Shoe Vouchers, each valued at $125;
    (iv) 91 x 6 month subscription to Slam magazine, each valued at $41.90; and
    (v) 91 x Double Movie Passes, each valued at $31.
  26. Further details of the voucher and movie pass prizes are set out below.
  27. 286 times during the Entry Period (each a “Time”) will be randomly selected. One Instant Win Prize will be allocated to each Time. For each Time, the Eligible Entrant who submits the first valid entry that is received by the Promoter at or after the Time will win the Instant Win Prize allocated to that Time.
  28. If the winner of an Instant Win Prize is under 18 years of age, the prize may be awarded to a parent or guardian of the winner, as determined by the Promoter, on the winner’s behalf.
  29. If, at the end of the Entry Period, any Instant Win Prizes have not been won, they will be awarded in a second chance draw which will be drawn from all valid entries and will commence at 11am on 2/2/10 at TigerSpike Pty Ltd, 28 Richards Avenue, Surry Hills, NSW 2010.

    DEW TOUR TRIP
  30. The Dew Tour Trip comprises, for its winner and, subject to condition 32, one guest of his/her choice:
    (i) return economy flights from the Australian State or Territory capital city nearest to the winner’s place of residence to a US city at or near which an event forming part of the Dew Tour is being conducted (”Event City”);
    (ii) return ground transfers between the airport at the Event City and the Accommodation;
    (iii) 6 nights twin share accommodation at a minimum 3 star hotel, motel or serviced apartment in or near the Event City (”Accommodation”);
    (iv) breakfast at the Accommodation on each day of the trip;
    (v) tickets (a total of 2 tickets) for entry to a 3 day event in one round of the 2010 Dew Tour series in or near the Event City (”Event”);
    (vi) return ground transfers between the Accommodation and the Event on each of the 3 days of the Event;
    (vii) A$1,500 or local currency equivalent spending money (in total, to be provided to the prize winner only).
  31. The Dew Tour Trip will be arranged by the Promoter on dates to coincide with the Event. The Event may be any of the 3 day events forming part of the 2010 Dew Tour to be held in the USA. The Events may take place at any time between June 1 and December 31 2010 (inclusive). The Promoter will determine which one of those events will be included in the Dew Tour Trip.
  32. All aspects of the Dew Tour Trip (including travel and accommodation) are for the winner and one guest travelling together. The winner of the Dew Tour Trip is free to select any person as a guest, provided that:
    (i) the Promoter may require the guest to confirm in writing that they agree to comply with the provisions of these conditions relating to guests (see condition 53); and
    (ii) if a person aged less than 18 years wins the Dew Tour Trip, the parent or guardian to whom the prize is awarded (or another adult nominated by the parent or guardian) must be one of the persons travelling.
  33. All components of the Dew Tour Trip must be taken together as a single trip to be booked by the Promoter. Any part of the Dew Tour Trip that is not taken for any reason is forfeited.
  34. It may not be possible to make changes to the travel or accommodation arrangements booked by the Promoter and, if any changes may be made, those changes are at the expense of the Dew Tour Trip winner and can only be made with the Promoter’s approval/agreement.
  35. The Dew Tour Trip does not (except as expressly stated) include:
    (i) any transport between a traveller’s residence and the departure airport;
    (ii) any overnight accommodation while travelling to the departure airport or destination;
    (iii) any other travel or accommodation;
    (iv) any meals;
    (v) any incidental hotel charges (such as mini-bar charges, telephone calls, in house movies, food and beverages);
    (vi) any spending money;
    (vii) any insurance (such as travel or health cover);
    (viii) any costs associated with any passport, visa, health or other requirements for entry into any foreign country and return to Australia;
    (ix) any vaccinations or other medical or health related services;
    (x) any other ancillary costs which may be incurred by the winner or his/her guest in relation to the Dew Tour Trip.
  36. The Dew Tour Trip cannot be exchanged for other travel or accommodation at other destinations.
  37. The winner of the Dew Tour Trip and his/her guest are responsible for compliance with any health, passport, visa and other requirements for entry into USA, any country en-route and return to Australia and bear all risks associated with any refusal of entry into any country. No compensation will be payable if the winner or a guest is unable to use the Dew Tour Trip (or any part of it) as stated for whatever reason.

    SKATEBOARD VOUCHERS
  38. Each Skateboard Voucher is valid for 12 months from the date of issue and is redeemable at the Skater HQ store in Sydney or at the www.skaterhq.com.au website store. Each Skateboard Voucher is redeemable for any skateboard product sold by Skater HQ, to a maximum value of $250.
  39. Skateboard Vouchers cannot be used in conjunction with any other offer or promotion and are not redeemable for cash. Lost or stolen vouchers cannot be replaced.
  40. Each Skateboard Vouchers is subject to such other terms and conditions as may be imposed by the issuer of the voucher from time to time.

    DICK SMITH VOUCHERS
  41. Each Dick Smith Voucher is valid for 12 months from the date of issue and is redeemable at any Dick Smith store in Australia for any product sold at that store, to a maximum value of $250.
  42. A Dick Smith Voucher cannot be used in conjunction with any other offer or promotion and is not redeemable for cash. Lost or stolen vouchers cannot be replaced
  43. A Dick Smith Voucher is subject to such other terms and conditions as may be imposed by the issuer of the voucher from time to time.

    SHOE VOUCHERS
  44. Each Shoe Voucher is valid for 12 months from the date of issue and is redeemable at any Skater HQ store in Australia or at the www.skaterhq.com.au website store for any shoe product sold at that store, to a maximum value of $125.
  45. A Shoe Voucher cannot be used in conjunction with any other offer or promotion and is not redeemable for cash. Lost or stolen vouchers cannot be replaced
  46. A Shoe Voucher is subject to such other terms and conditions as may be imposed by the issuer of the voucher from time to time.

    DOUBLE MOVIE PASSES
  47. Each Double Movie Pass is valid for 6 months from 1 March 2010 and is redeemable for admission for two persons to the screening of a movie in Australia at Village Cinemas, Greater Union or Birch, Carroll & Coyle.
  48. A Double Movie Pass is not valid for screenings on Saturdays after 5pm, for Gold Class or for movie marathons. A Double Movie Pass cannot be used in conjunction with any other offer or promotion and is not redeemable for cash.
  49. A Double Movie Pass is subject to such other terms and conditions as may be imposed by the issuer of the voucher from time to time. Full terms to which the Double Movie Pass is subject are available http://www.villagecinemas.com.au/Gift-Shop/Product-Terms.htm#screensaver.

    WINNERS
  50. Each winner will be notified in writing sent by e-mail to the e-mail address indicated in the entry. The notification may include instructions as to how the winner is to claim the prize and establish his/her entitlement to it.
  51. The name of the winner of the Dew Tour Package Prize will be published in The Australian on 17/2/10.
  52. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any prize is not claimed by a winner within 3 months of the awarding of that prize (whether in the Draw or any instant win competition), the prize will be awarded to another Eligible Entrant in a redraw for that prize commencing at 3pm on 12/5/2010 at Greeneagle Distribution & Fulfilment, 10/20 Ricketty St, Mascot NSW 2020. If there is a redraw for the Dew Tour Package Prize, the name of the winner in the redraw for that prize will be published in The Australian on 24/5/10.
  53. In order to be entitled to any prize, the winner (and, if he/she wins the Dew Tour Package Prize, the person accompanying the winner on the Dew Tour Trip) must, if requested by the Promoter, agree to and sign:
    (i) an eligibility form confirming their compliance with the Conditions and eligibility to accept the prize and/or participate in the prize; and
    (ii) a liability release, waiver and/or indemnity in favour of the Promoter and/or any person or other entity associated with this Promotion.
    If the guest on the Dew Tour Trip is under 18 years of age, the winner must ensure that a parent or guardian of the guest agrees to and signs the documents referred to above (if requested by the Promoter). A winner will forfeit his/her prize if he/she fails to ensure that all documents relating to that prize (or participation in that prize) are signed in accordance with this condition, as and when required by the Promoter.

    GENERAL
  54. The maximum total value of all prizes is $49,710.90.
  55. Each prize is valued as at 13/8/09. The Promoter takes no responsibility for any variations in value of a prize.
  56. If a prize (or part of a prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a prize (or part of a prize) is unavailable for any reason.
  57. A right to receive a prize is not transferable or exchangeable and cannot be taken as a monetary payment.
  58. Unless expressly stated in these conditions, all expenses incurred in relation to enjoyment of a prize are the responsibility of the winner.
  59. If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, subject to the approval of the authorities that have issued permits for its conduct.
  60. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Promotion (whether as a result of one of the foregoing causes or otherwise).
  61. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
  62. All of the Promoter’s decisions are final and no correspondence will be entered into.
  63. 6The Promoter accepts no responsibility for any tax liability incurred as a result of an entrant participating in the Promotion. Entrants should obtain independent tax and financial advice.
  64. To the full extent permitted by law, the Promoter, its associated companies and agencies and all those entities’ personnel (the “Relevant Parties”) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant or any winner’s guest on the Dew Tour Trip in connection with the Promotion or prizes, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death.
  65. If any provision of these conditions is unenforceable for any reason, it will be severed and the remaining provisions will remain in full force and effect.
  66. Each winner and any guest on the Dew Tour Trip consent to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without remuneration for the purpose of promoting this Promotion, the Promoter and/or any of the Promoter’s products.
  67. Entrants’ personal information and that of any winner’s guest on the Dew Tour Trip will be collected by or on behalf of the Promoter to enable it to administer the Promotion and publicise its winner(s) and, if an entrant consents, may be used to market its products to the entrant. The personal information of each winner and any winner’s guest on the Dew Tour Trip may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, prize suppliers and deliverers, and to regulatory authorities. Persons may contact the Promoter by visiting www.dothedew.com.au to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.
  68. Authorised under NSW Permit No LTPS/09/07506; ACT Permit No. TP 09/03240; VIC Permit No. 09/2664; SA T09/1993.

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