Social Media Terms and Conditions

CONDITIONS OF ENTRY

Promoter

The promoter is Coca-Cola Europacific Partners Australia Pty Limited (ABN 68 076 594 119) of Level 13, 40 Mount Street, North Sydney New South Wales 2060. Ph: 13 26 53

Competition Post

The Competition Post is the post on the Promoter’s Facebook and/or Instagram page and should be read in conjunction with these Conditions of Entry.

Promotional Period

The Promotional Period is the period set out in the Competition Post.

Eligible Entrants

Subject to the exclusions below, entry is open to Australian residents aged 18 years and older. 

Entry is not open to management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of the Prize) or their immediate family members (natural or non-natural relations) including a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in this paragraph; 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 persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.

For Instagram Competition Posts, Entrants must ensure their Instagram account privacy setting is set to public (i.e. not 'private') to be eligible to enter this Promotion.

Entry Mechanic

To enter the Promotion, Eligible Entrants must, during the Promotional Period complete the steps set out in the Competition Post (Eligible Entry). 

Entry Limit

Unless otherwise expressly stated in the Competition post, a limit of one (1) Eligible Entry per person per day during the Promotional Period, subject to each Eligible Entry being submitted separately in accordance with the Entry Mechanic.

Judging

All Eligible Entries received by the Promoter during the Promotional Period will be judged by a representative of the Promoter within 2 business days of the last day of the Promotional Period to determine the winner(s). All Eligible Entries will be judged on the basis of the attributes set out in the Competition Post.

This is a game of skill and chance plays no part in determining the winner(s).

Prize(s)

The Prize(s) is the Prize(s) set out in the Competition Post.

Notification of winners

The winner(s) will be contacted via the Facebook or Instagram account they entered from (as applicable) within seven (7) days of the Judging. All reasonable attempts will be made to contact the winner(s).

Proof of identity

Each Prize will be awarded to the person named in the entry. Any entry made on behalf of an entrant or by a third party will be invalid. The Promoter reserves the right to request that a winner provides proof of identity, residency and / or age prior to awarding a Prize. In the event that a winner cannot provide proof of identity to the reasonable satisfaction of the Promoter, the winner will forfeit the Prize and no substitute will be offered.

Awarding Prizes

Unless otherwise expressly stated in the Competition post, Prize(s) will be delivered to the winner(s) by post to the address provided by the Eligible Entrant within 28 days of the Judging.

No part of the Prize is exchangeable, redeemable for cash or any other prize or transferable unless otherwise specified in writing by the Promoter.

In the event a winner does not claim a Prize within twenty-eight (28) days of the Judging (Claim Period), then that Prize will be forfeited, and any unclaimed Prize may be awarded to the next best Eligible Entry(ies) as determined by the judges during the Judging. The unclaimed Prize winner(s) will be contacted via the Facebook or Instagram account they entered from within seven (7) days of the end of the Claim Period. The Promoter is under no obligation to award any unclaimed prizes.

Prizes provided by third parties are subject to the terms and conditions of the third-party supplier (Third Party Terms). The terms and conditions of the third-party supplier prevail to the extent of any inconsistency with these Terms. The Winner is responsible for complying with all applicable Third Party Terms, and bears all risk associated with any failure to comply. The Promoter assumes no liability (and will provide no compensation) as a result of any failure to comply with any Third Party Terms. Provision of the Prize is the responsibility of the third party.

Privacy

The Promoter collects personal information about Entrants in order to conduct the Promotion and award Prize(s). If the entrant does not provide their personal information as requested, they may be ineligible to enter the Promotion. Personal information will be stored on the Promoter’s database. For the purpose of public statements and advertisements about the Promotion, the Promoter will only publish the Winner’s surname, initial and State/Territory or postcode of residence. The Promoter may disclose the entrants' personal information to third parties to assist in conducting the Promotion and to the State and Territory regulators as required under applicable legislation.

The Promoter may use this information for future marketing purposes regarding its products, including contacting the Entrant electronically.

The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.cocacolaep.com/company/privacy-notice/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter may transfer entrants' personal information to countries specified in the Promoter’s privacy policy.

Limitation of liability

To the maximum extent permitted by law, the Promoter will not be liable for any injury, loss and/or damage arising from this offer, including the acceptance or use of any item howsoever arising. Nothing in these conditions is intended to limit your rights under any applicable law including the Australian Consumer Law.

General

The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion and by entering this Promotion a person represents that they are eligible to enter.

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.

The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.

If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

All material submitted on entry (e.g. photos, images, drawings, comments, sound/video recordings and answers to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses.

Entrants warrant that they own or have the right to license the copyright in any entry submitted by them in this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment.

Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Conditions of Entry. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Conditions of Entry including this clause.

Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php) and/or with the Instagram Terms of Use (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines (http://www.facebook.com/promotions_guidelines.php) and/or in the Instagram promotion guidelines (http://help.instagram.com/179379842258600). Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook or Instagram. The entrant releases Facebook, Instagram and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.

The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Tickets or rights for alcohol prizes will not be distributed by or to any person under 18, nor can a person under 18 dispense or collect an alcohol prize. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 'Liquor promotion guidelines' and GL4003 'Intoxication guidelines' at https://www.liquorandgaming.nsw.gov.au/.