Win the Ultimate Boat with Mother Energy
01 Aug 2024 - 31 Oct 2024
Mother Energy AUS AFH/INDIES Boat Promotion
Terms and Conditions
| Who is running the competition? |
Coca-Cola Europacific Partners Australia Pty Limited ABN 68 076 594 119, Coca-Cola Place, Level 13, 40 Mount Street, North Sydney, NSW 2060, Australia. Ph: 02 9259 6222. Energy Beverages, LLC is not a sponsor of this promotion. The “Mother Energy Drink” names, logos, and/or materials are used for purposes of promotion and/or prize descriptions only and such use is not intended to suggest or imply Energy Beverages, LLC’s sponsorship of this promotion. |
| Where will the competition run? | The competition will run in participating stores which are displaying the advertising material (Stores) in Australia. |
| When will the competition start and end? |
The competition period starts at 12.01am (AEST) on 01/08/2024 and ends at 11.59pm (AEDT) on 31/10/2024 (the Competition Period). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. |
| Who can enter? |
Entry is only open to Australian residents who are aged 18 years or over, excluding: (a) management, employees, directors and contractors of the Promoter, its related bodies corporate, the participating Stores and other agencies, firms or companies associated with the competition (including suppliers of prizes);(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph (a) above;(c) persons who have used or attempted to use any more than one name in order to qualify to win a competition or promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and(d) persons who have breached the terms and conditions of any competition or promotion run by or on behalf of the Promoter.The persons referred to in paragraph (b) above include 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. Eligible entrants are referred to as ‘you’ for the purpose of these Terms and Conditions. |
| Do I need to buy anything to enter? | Yes. During the Competition Period, you need to buy any 2 x 500ml, 1 x 4 pack (500ml) or 1 x 10 pack (500ml) of Mother Energy products in one transaction (all variants, excluding vending machine purchases) (Qualifying Purchase) from a participating Store. |
| Entry instructions |
After you have made a Qualifying Purchase you must, during the Competition Period:
The Promoter is not responsible if your mobile device or desktop is not sufficiently capable for the purpose of submitting an entry. No entries will be accepted outside the Competition Period. |
| How many winners will there be and how will they be chosen? |
There will be 51 winners determined in respect of this competition – 1 major winner and 50 minor winners.
There will be 1 draw conducted. The draw will be held at 1pm (AEDT) on 04/11/2024 at Level 2, 11 York Street, Sydney NSW 2000 (using computerised random selection).
The first valid entry drawn randomly in the draw from the entries received during the Competition Period will win the major prize and the next 50 valid entries drawn randomly will each win a minor prize.
The Promoter may arrange to draw additional reserve entries in the draw and record them in order, in case a winning entry/entrant is deemed invalid, or a prize is unclaimed (Reserve Entrants). An independent scrutineer will observe the draw process and announcement of the winners. |
| What can I win? |
There are 51 prizes available – 50 minor prizes and 1 major prize.
Each minor prize is an AUD $100 The Mad Hueys voucher. Vouchers to be supplied as codes to be used online only at https://themadhueys.com/. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
The major prize is a Stessl Boat Package including a Mother Energy® x The Mad Hueys 485 Warrior Side Console with trailer, registration, five (5) x life jackets, and mandatory boating safety equipment bag plus dealer delivery to the winner's closest Stessl dealership. The major prize is valued at up to AUD $40,130 depending on the winner's state/territory of residence.
The major prize does not include insurance or any accessories not specified. If you win the major prize, you must collect from your nearest Stessl dealership as specified by the Promoter.
The major prize winner will require a valid boat license as required by the state/territory that they reside in prior to using the major prize. See also clause 3. There is a limit of one prize per person (except for SA residents). |
| Total prize pool |
The total major prize pool is valued at up to AUD $40,130. The total minor prize pool is AUD $5,000. The total combined prize pool is values at up to AUD $45,130. |
| How many times can I enter? |
The following limits apply:
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| How and when will the winner be informed? | If you are a winner, you will be informed by phone and in writing within two business days of determination and your name and state/territory of residence will be published on the Website on 11/11/2024 for a period of 28 days. |
| If I win, when must I claim my prize? | You must claim your prize by 5pm (AEDT) on 13/02/2025. |
| Unclaimed prize/s |
If a prize has not been accepted or claimed by 5pm (AEDT) on 13/02/2025 or if, after making all reasonable attempts, the Promoter cannot contact a drawn winner (or a drawn winner does not contact the Promoter) by this time and date, the relevant entry/ies will be discarded and the Promoter will carry out an unclaimed prize draw in the presence of an independent scrutineer at 1pm (AEDT) on 14/02/2025 at the same location as the original draw to distribute the relevant prize/s in descending order of value. Any such winner/s will be informed by phone and in writing within two business days of determination and their name and state/territory of residence will be published on the Website on 21/02/2025 for a period of 28 days. If any prize remains un-won at the end of this promotion or if a prize winner cannot be found, that information will be published on the Website on 28/02/2025. |
| Permit numbers |
Authorised under: NSW Authority No. TP/03000 ACT Permit No. TP 24/00962 SA Licence No. T24/739 |
1.These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2.Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless product is defective). The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/multiple aliases you may be disqualified.
Prizes
3.The major prize winner must get any necessary licences to use the major prize and must comply with all laws and regulations. The major prize winner must provide all information and sign all documents required to allow the Promoter to register the major prize in their name before collection. The major prize winner must be able to register and operate the major prize in their name in accordance with applicable laws. However, if the winner is unable to register the major prize in his/her name, then the winner may transfer it to another person (who consents to such assignment) with legal capacity for the purpose of registration. The winner must provide the Promoter with certified copies of all required documentation as requested by the Promoter before the boat is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
4.The major prize winner assumes the risk for the prize once the prize has been collected. To the fullest extent permitted by law, the Promoter accepts no liability for any risk in relation to the major prize post collection.
5.The major prize winner is responsible for all other unspecified costs related to a prize, including insurance, options, petrol and/or any costs associated with ongoing use of the prize, etc.
6.The Promoter is not responsible for any dispute between the major prize winner and any person with whom they choose to, or choose not to, share the prize.
7.Prizes and all elements of prizes must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prizes are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including validity periods.
General
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The winners must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. The winners consent to the Promoter using their name and image in any promotional or advertising activity.
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Any failure by a winner to comply with the conditions imposed by the prize supplier(s) may result in their prize being cancelled or withdrawn without liability for the Promoter or prize supplier(s).
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If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
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Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
12.If you or your entry is deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction, the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
13.You must not:
(a) tamper with the entry process;
(b)engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c)act in a disruptive, annoying, threatening, abusive or harassing manner;
(d)do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
(e)breach any law; or
(f)behave in a way that is otherwise inappropriate.
14.The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
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The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
16.If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this competition is final.
17.The prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. If a prize is unavailable for any reason, the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
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For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
19.If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, government directives, a pandemic, public health orders and the like, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, or suspend or modify a prize, subject to any necessary approval by the State/Territory gaming authorities.
20.The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Liability
21.Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
22.Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this competition or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law)..
23.Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of or damage to or delay in delivery of prizes or for any damage that occurs to prize.
24.The Promoter may communicate or advertise this competition using Twitter, Facebook or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with Twitter, Facebook or Instagram. You provide your information to the Promoter and not to Twitter, Facebook or Instagram. You completely release Twitter, Facebook and Instagram from any and all liability. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Twitter, Facebook or Instagram.
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Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
Collection and use of your personal information
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The Promoter collects personal information (PI) in order to conduct the competition 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 www.motherenergydrink.com/Privacy. 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 you. The Privacy Policy also contains information about how you may opt out, access, update or correct your PI, how you 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. Entrants’ details will be collected by Monster Energy Company based in California, USA, for the purposes of collating the entries for the draw, however, the Promoter will not disclose your personal information to any other entity outside of Australia.
Abbreviated T&C’s
For use in advertising for a trade promotion/competition
AU residents 18+ only. Between 12.01am (AEST) 1/8/24 & 11.59pm (AEDT) 31/10/24, buy any 2x500ml, 1x4pk (500ml) or 1x10pk (500ml) of Mother Energy products in 1 transaction (all variants, excl. vending machine purchases) from a participating store, scan the QR code advertised in store or visit www.motherenergydrink.com/promotions (‘website’) & fill out the online entry form with your personal details as requested. Limit 1 entry per person/day. Max 1 entry/transaction. Max 5 entries/person and per email/phone number throughout the promotion. Draw: 1pm (AEDT) 4/11/24, Lvl 2, 11 York St, Sydney NSW 2000. 50 minor prizes: AUD $100 The Mad Hueys digital voucher (https://themadhueys.com/). 1 major prize: Stessl Boats Package (boat with trailer incl. registration) up to AUD $40,130. Total prize pool: up to AUD $45,130. Max 1 prize per person (except in SA). See website on 11/11/24 for winners. Entrants will get future marketing from Promoter. See website for full conditions inc. privacy statement. Promoter: Coca-Cola Europacific Partners Australia Pty Limited ABN 68 076 594 119, Coca-Cola Place, Level 13, 40 Mount Street, North Sydney, NSW 2060, Australia. Permits: NSW Authority No. TP/03000, ACT Permit No. TP 24/00962, SA Licence No. T24/739
