Terms and conditions

GATORADE GRASSROOT GRANTS PROMOTION: SCHEDULE TO TERMS OF ENTRY

Information on how to enter and prizes set out under the pages titled “Schedule” form part of the Terms of Entry. These Terms of Entry constitute the entrant’s agreement with the Promoter in relation to the entrant’s participation in the competition. The Terms of Entry must be read together with the Schedule for this Promotion. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.

COLLECTION NOTICE

PepsiCo Australia Holdings Pty Ltd collects your personal information (name, date of birth, address, contact numbers and email) when you enter this promotion for the purposes of conducting the promotion.

If you do not provide the personal information requested, you will not be able to participate in the promotion. By entering the promotion, you consent to the use of your personal information by us for the purposes of conducting the promotion and the storage of your personal information on our database. We may disclose this personal information to our contractors and agents to assist in conducting the Promotion and to other third parties, including local lottery authorities, for the purpose of conducting this promotion. Where you have opted in, we may also use your personal information for future promotional and marketing purposes in relation to our products and services.

Our privacy policy at http://www.pepsico.com.au/privacy contains information about how you may access, update and seek correction of the personal information that is held by us, how you may complain about a breach of the Australian Privacy Principles or a registered privacy code that binds us and how we will deal with such a complaint. Contact us at consumer. cic@pepsico.com or 1800 025 789.

1. Promotion:

Gatorade Grassroot Grants Promotion

2. Website:

www.gatorade.com.au/win

3. Promoter:

PepsiCo Australia Holdings Pty Ltd
ABN 25 079 719 743 of 799 Pacific Highway, Chatswood, NSW 2067.
Phone: 1800 025 789.

4. Entry Restrictions:

Entry to the Promotion is open to Australian residents aged 16 years and over, who fulfil the entry requirements.

Entrants under 18 years of age must have parent/guardian consent to enter the Promotion.

There are two parts to this Promotion: an instant win competition and a team grant award. Entrants who wish to enter the second part of the Promotion to receive a team grant must be current members of a local sports team. For the purposes of the Promotion, a “local sports team” is a non-professional sports team comprised of more than one (1) person that competes in that sport against other teams.

Directors, management, employees, officers and contractors (and their immediate families) of:

  1. the Promoter;
  2. Asahi Beverages Pty Ltd;
  3. the agencies or companies associated with this Promotion,
are ineligible to enter.

“Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

5. Promotional Period:

Starts 12.01am (AEST) on 1 May 2020 and ends 11.59pm (AEST) on 30 September 2020

6. Entry Mechanic:

To enter for the chance to win an instant win prize, participants must do each of the following during the Promotional Period:

  1. Purchase any specially marked promotionally packaged 600mL or 1 litre Gatorade or G2 bottle (Participating Products) from a Participating Store in Australia. All stores in Australia that stock and sell Participating Products will be a ‘Participating Store’ for the purposes of this Promotion; and
  2. Visit the Website and follow the prompts to the entry page, input the requested details (including unique code printed inside the purchased Participating Product label, name, email address, date of birth) and submit the fully completed online entry form to find out if you have won an instant prize.

To enter the second stage of the promotion, for the chance to win the Major Prize, instant win prize entrants must do the following from 1 May 2020 until 11.59pm (AEST) on 31 July 2020:

  1. Instant win prize entrants will be prompted to enter the second stage of the Promotion to win a Gatorade grassroots team grant (Major Prize). For the chance to win the Major Prize, entrants must input the requested details including their name, address, phone number and email, as well as provide details of their sports team including; the nominated local sports team name, amount of team members, type of sport they play, how frequently the team plays, photo/video evidence of the team playing their nominated sport, and answer the question “Tell us in 150 words or less what you would do with $10,000 for your sporting team or club?” and submit the fully completed online entry form.


Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own name.

Entrants must retain their:
  1. original purchase receipt as proof of purchase;
  2. unique code printed inside the Participating Product label.

7. Notification of Instant Winners

  1. Entrants who are notified that they have won an instant prize will:
    1. provisionally win the prize (which will be indicated on screen shortly after submitting the online entry form on the Website);
    2. receive an email confirming their prize from the Promoter within two (2) days of their on-screen winner notification; and
    3. be eligible to enter the second stage of the Promotion to win a Gatorade grassroots team grant.
  2. Entrants who have not won an instant prize will:
    1. receive the on-screen message that they have not won an instant prize;
    2. be entered automatically into the Unclaimed and Un-Won Prize Draw; and
    3. be eligible to enter the second stage of the Promotion to win a Gatorade grassroots team grant.

8. Determination of Major Prize Winners

This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on originality, creativity and an entry demonstrating the best use of the $10,000.

The judging will take place at PepsiCo ANZ, Tower A, L4, 799 Pacific Hwy, Chatswood NSW, 2067 on 10/09/20.

The best ten (10) valid and correct entries (subject to Prize Claim verification), as determined by the judges, will each win the Major Prize.

The judges may select additional reserve entries which they determine to be the next best and record them in order, in case of an invalid entry or unclaimed prize.

Multiple entries can be made by different entrants on behalf of the same local sports team; however, a limit of one (1) grant may be awarded to the local sports team.

9. Notification of Major Prize Winners

Winners will be notified via email on 10 September 2020.

10. Prize Claim

Instant prize winners must provide additional details (including name, address, email, phone number) to the Promoter to claim their prize, via email as directed by the Promoter.

Winners must claim their instant win prize by 11:59pm AEDT 30 November 2020

If a winner does not claim their instant win prize by the time indicated with all requested information, they will forfeit the prize and it will be distributed via the Un-Claimed and Un-Won Prize Allocation.

Major Prize winners will be determined subject to verification by the judges and may be requested to provide further evidence in order to verify the details provided with entry. Major Prize winners must also provide additional details such as their BSB, account name, account number, bank, bank address and swift code (if applicable).

Winners must claim their Major Prize by 11:59pm AEDT 10 December 2020

If a winner does not claim their Major Prize by the time indicated with all requested information, they will forfeit the prize and it will be distributed via the Un-Claimed and Un-Won Prize Allocation.

11. Maximum Number of Entries:

A maximum of three (3) entries is permitted per person per day, subject to the following conditions:

  • Only one (1) entry is permitted per unique code;
  • Each entry must be submitted separately and in accordance with the entry requirements;
  • Entries submitted with unrecognised unique codes will be deemed invalid;
  • No receipt or unique code sharing is allowed.

12. Prize:

There are 10,795 instant win prizes available to be won in this Promotion as follows:

No. of Prizes Prize Description Value (each) - RRP
45 Bose Earphones, SoundSport Free wireless headphones, orange AUD 299.95
1100 Gatorade branded sleeve tees AUD 45
1000 Gatorade branded training shorts AUD 55
450 Gatorade branded hybrid tights AUD 150
2250 Gatorade branded drawcord bag AUD 25
2250 Gatorade branded mid calf socks AUD 25
2300 Gatorade Squeeze Bottles AUD 6
900 Gatorade Sweat Towel AUD 12
500 Gatorade Headband + Wristband pack AUD 15

There are ten (10) major prizes to be won, each consisting of an A$10,000 grant, provided by EFT to the winner on behalf of their local sports team.

All other ancillary costs including but not limited to insurance, taxes (excluding GST), and any and all other expenses are the responsibility of each winner.

Prize value is the RRP (including GST) in Australia and is correct at time of printing.

13. Total Prize Pool:

$430,098

14. Total Number of Prizes:

10,805

15. Prize Delivery:

Instant win prizes will be delivered by post to the winners’ nominated Australian mailing address (provided with their entry), subject to any processing or delivery delays. Winners will be notified of any delay. A signature on delivery may be required.

If a winner is under the age of 18, an instant prize will be awarded to the winner’s parent or legal guardian, or to the winner where the winner’s parent or legal guardian has consented in writing to the winner’s participation in the promotion. The Promoter can do what it deems necessary to satisfy itself that such consent has been obtained.

Major Prizes will be transferred by EFT to the winner’s nominated bank account. The winner, as the representative of their team, will be responsible for sharing the prize with their team. The Promoter accepts no responsibility for any Major Prize which is not shared by a winner with their nominated team.

16. Winner(s) Publication Details:

The name and State or Territory of residence of winners of prizes valued at over $250 will be published on the Website from 10/09/20

17. Unclaimed and Un-Won Prize Allocation:

Subject to any directions given by a relevant State or Territory authority, if any instant win prizes have not been claimed in accordance with the Prize Claim or, if at the end of the Promotion Period there are any un-awarded prizes, a prize draw will be conducted at 11am AEST on 11/12/20 at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250. All unsuccessful entries into the Promotion will be entered into this draw and prizes will be drawn in descending order of value. Any winners in this draw will be contacted by phone or in writing within two (2) business days and, where their prize is valued at over $250, will have their name and State or Territory of residence published on the Website.

18. Permit Numbers:

Authorised under:
ACT Permit No. TP20/00154
SA Licence No. T20/134
NSW Permit No. LTPS/20/41805

TERMS OF ENTRY

These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.

    Entry

  1. By entering the Promotion, entrants accept these Terms of Entry.
  2. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
  3. Entrants may submit up to the Maximum Number of Entries. Entries must be received by the Promoter during the Promotion Period.
  4. 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 entrant's entries and forfeiture of any right to a reward. Purchase receipt(s) must clearly specify that a transaction was made during the Promotional Period but prior to entry.
  5. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
  6. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
  7. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
  8. Any form of automated entry using any device or software is prohibited and will render an entry invalid.
  9. Any entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service, will be deemed void.
  10. Entrants must only enter using one name, one address, one phone number and one email address, and anyone using multiple aliases/addresses/accounts will be disqualified, as determined by the Promoter in its sole discretion.
  11. Entries

  12. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include any content submitted through Prize Claim verification) 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.
  13. Without limiting clause 11, each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
  14. By entering this Promotion each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
  15. Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
  16. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third-party rights will be invalid and not eligible to win a prize.
  17. If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
  18. Each entrant warrants and agrees that: (i) the entrant has created the entry themselves; (ii) the entrant will not submit material in their entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law; (v) the entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
  19. Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages and other compensation are reserved.
  20. Prize(s)

  21. The winner(s) will be notified in accordance with the Notification of Winner(s).
  22. The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
  23. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
  24. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  25. The Promoter may require the winner(s) to verify their entry and provide proof of purchase and unique code (if applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
  26. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process, unique codes, or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
  27. If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
  28. Prizes cannot be transferred or exchanged nor (except as set out in these Terms of Entry) nor can they be redeemed for cash. Without limiting any other term of these Terms of Entry, 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 of Entry and include any applicable GST. The Promoter accepts no responsibility for any change in prize value.
  29. Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the Prize value specified for that Prize in the Schedule).
  30. If a winner of a prize is under the age of 18 years (where entry by those under 18 is allowed), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian.
  31. Where relevant for instant win promotions, printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid prize claim. Every instant win prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms of Entry. Any unclaimed, un-won or undistributed instant win prizes that are part of the advertised total prize pool will be awarded in accordance with the Unclaimed Prize Allocation.
  32. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
  33. General

  34. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
  35. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant State/Territory if required.
  36. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
  37. Nothing in these Terms of Entry limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
  38. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law) including the Non-Excludable Guarantees.
  39. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
  40. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at http://www.pepsico.com.au/privacy/. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at cic@pepsico.com or 1800 025 789.
  41. Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.