GLORIA JEAN S COFFEES - THE ICONIC PROMOTION TERMS AND CONDITIONS

Transcription

1 GLORIA JEAN S COFFEES - THE ICONIC PROMOTION TERMS AND CONDITIONS 1. Information on how to enter/claim and the prizes and Gifts (defined below) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 2. Participation is open to Australian residents only. Entrants/claimants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant/claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion or claiming a Gift. 3. Employees (and their immediate families) of the Promoter, participating Gloria Jean s Coffees retailers and agencies associated with this promotion are ineligible to enter/claim. 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 1 st cousin. 4. There are two (2) components for this promotion; a limited offer component ( Limited Offer Component ); and a draw component ( Draw Component ). Limited Offer Component 5. The Limited Offer Component commences in each participating Gloria Jean s Coffees retailer on 05/10/2015 and ends at 11.59pm AEDST on 01/11/2015 or once Gifts are exhausted in that participating Gloria Jean s Coffees retailer, whichever is first to occur ( Limited Offer Promotional Period ). 6. To be eligible to claim a Gift, claimants must, during the Limited Offer Promotional Period, spend $10 or more in a single transaction at a participating Gloria Jean's Coffee retailer ( Eligible Transaction ). Participating Gloria Jean s Coffee retailers are any Gloria Jean s coffee houses nationally that display promotional materials featuring this promotion. 7. Each eligible individual who makes an Eligible Transaction, while stocks of Gifts last, will be awarded a Gift (defined below) at the time of the Eligible Transaction. 8. Each gift consists of a $20 discount voucher for The Iconic ( Gift ), redeemable via The Iconic App and only when $99 or more is spent in a single transaction on eligible products, excluding shipping costs ( Qualifying Gift Transaction ). The Iconic App is available for download (using mobile capable devices) from the App Store or Google Play. Each Gift will contain a redemption code that must be entered at the point of check out for a Qualifying Gift Transaction in a transaction within The Iconic App. For the avoidance of doubt the $99 minimum spend in a Qualifying Gift Transaction

2 excludes sale items, Converse, Maison Scotch, Nike, Nixon, Scotch and Soda, Seafolly, Oroton, Tony Bianco, Windsor Smith, items sent separately from a partner brand (see The Iconic s full Terms for details), shipping, courier and postage and handling costs. Purchases must be made via The Iconic App; Gifts are not redeemable for purchases made via The Iconic website. Gifts are valid for use until 11:59pm AEDST on 30/11/2015. All purchases made via The Iconic App are subject to The Iconic s full Terms and Conditions available at 9. Only one (1) Gift can be used per Qualifying Gift Transaction. Gifts cannot be combined and used together. 10. Gifts are not transferable or exchangeable and cannot be taken as cash. 11. Gifts will not be awarded to claimants who make an Eligible Purchase using Gloria Jean s Coffees e-sipper points. 12. Gifts will not be awarded or redeemable in conjunction with any other offer. 13. The number of Gifts available for redemption in each State and Territory are as follows: NSW 182,000; ACT 4,000; SA 12,000; VIC 75,000; TAS 3,000; QLD 74,000; WA 21,000; and NT 6, The total maximum value of all Gifts awarded in each State and Territory is as follows: NSW $3,640,000; ACT $80,000; SA $240,000; VIC $1,500,000; TAS $60,000; QLD $1,480,000; WA $420,000 and NT $120, If for any reason a claimant does not redeem a Gift by the time stipulated by the Promoter, then the Gift will be forfeited. Draw Component 16. The Draw Component commences on 05/10/2015 and ends at 11:59pm AEDST on 01/11/2015 ( Promotional Period ). 17. To enter, eligible individuals must, during the Promotional Period, visit input the requested details (including their Gloria Jean s Coffees e-sipper Club Loyalty Program Number if they have one) and submit the fully completed online entry form. 18. Entrants acknowledge and agree that if they are not already a member of the Gloria Jean s Coffees e-sipper Loyalty Program, by entering the Draw Component of this promotion, the entrant will automatically become a member of Gloria Jean s Coffees e-sipper Loyalty Club Program upon submitting an entry in accordance with clause 17 above. 19. Only one (1) entry into the Draw Component is permitted per person over the Promotional Period. 2

3 20. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on 04/11/2015 at 3:00pm AEDST. The winners will be notified in writing within two (2) business days of the draw and their names will be published online at and on Gloria Jean s Coffees Facebook page from 13/11/ The first two (2) valid entries drawn will each win; (i) a $1,000 Gift Card for The Iconic redeemable online at or via The Iconic App. The Iconic Gift Card is valid for use until 30/11/2016; and (ii) One (1) free small classic coffee daily for a year at Gloria Jean s Coffee valued at $1, The winner will be eligible to claim one (1) free small classic coffee daily for 365 days from the date the prize is awarded, at any Gloria Jean s Coffee House in Australia. If a winner does not claim a coffee on a particular day, that coffee will be forfeited. The redemption of a free small classic coffee cannot be used in conjunction with any other Gloria Jean s Coffees offer or promotion (including e-sipper offers/promotions). The prize will be awarded in the form of e-sipper coupons and credited to the winner s e-sipper account. The Promoter will confirm with the winner that the winner has an active e- sipper account and card at the time of awarding the prize to ensure that the prize can be redeemed. 22. Any ancillary costs associated with redeeming The Iconic Gift Card are not included. Any unused balance of The Iconic Gift Card will not be awarded as cash. Redemption of The Iconic Gift Card is subject to any terms and conditions of the issuer including those specified on The Iconic Gift Card. 23. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner s behalf. 24. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 25. Total prize pool value for the Draw Component is $5, A draw for any unclaimed draw prizes may take place on 04/02/2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified in writing within two (2) business days of the draw and their names will be published online at from 18/02/ As a condition of accepting a prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf. 3

4 General 28. The Promoter reserves the right, at any time, to verify the validity of entries/claims and entrants/claimants (including an entrant s/claimant s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry/claim 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 to recover damages or other compensation from such an offender are reserved. 29. Incomplete or indecipherable entries and/or claims will be deemed invalid. 30. If there is a dispute as to the identity of an entrant/claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant/claimant. 31. The Promoter s decision is final and no correspondence will be entered into. 32. If any prize/gift is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize/gift with a prize/gift to the equal value and/or specification, subject to any written directions from a regulatory authority. 33. Prizes/Gift (or any unused portion), are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 34. Entrants/Claimants consent to the Promoter 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. 35. 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 entrant/claimant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 36. Any cost associated with accessing the promotional website and or downloading The Iconic App is the entrant s/claimant s responsibility and is dependent on the Internet service provider used. 4

5 37. 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. 38. 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) any tax liability incurred by a winner or entrant/claimant; or (f) use/redemption of a prize and/or redemption of a Gift. 39. The Promoter collects personal information ("PI") in order to conduct the promotion 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. Participating 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 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 the entrant/claimant. The Privacy Policy also contains information about how entrants/claimants may opt out, access, update or correct their PI, how entrants/claimants 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. The Promoter will not disclose entrant s/claimant s personal information to any entity outside of Australia. 40. In agreeing to these terms and conditions, I understand that I will be automatically signed up to the esipper loyalty program which entitles me to receive a FREE birthday drink, special offers & treats, news, and invitations to members-only competitions from Gloria Jean s Coffees esipper Club. 5

6 41. The Promoter is Jireh International Pty Ltd as trustee for Jireh International Unit Trust Pty Ltd (ABN ) of 11 Hoyle Avenue, Castle Hill, NSW Telephone: NSW Permit No. LTPS/15/ ACT Permit No. TP15/ SA Permit No. T15/1604 6