“MAXIMUS OFF PACK 2022” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. The Promoter is Frucor Suntory Pty Ltd (ABN 73 060 091 536) of Level 2, 5 George Street, North Strathfield NSW Australia 2137, telephone: (02) 8762 0399 (“Promoter”).
  1. Entry is only open to Australian residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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 1st
  1. Entries into the promotion open at 12:00am AEDST 10th January 2022 and close at 11:59pm AEDST on 31st March 2022 (“Promotional Period”).
  1. To be eligible to enter, individuals must, during the Promotional Period, purchase any Maximus product (“Eligible Product”) from a retail outlet in Australia that stocks Maximus products (“Qualifying Transaction”). Individuals must ensure they obtain a purchase receipt for their Qualifying Transaction.
  1. To enter, individuals must then during the Promotional Period visit winwithmaximus.com.au, follow the prompts to the promotion entry page, input the requested details including their full name, a valid email address, telephone number, State and Territory of residence, the retailer in which they made their Qualifying Transaction and the details of the Eligible Product purchased. Individuals must then upload a photograph of their purchase receipt when prompted (clearly showing the details of their Qualifying Transaction) and submit the fully completed entry form during the Promotional Period. All successful entrants will receive one (1) automatic entry into the Major Draw for the chance to win the Major Prize.
  1. All entrants will be automatically allocated a Do-cathlon team at point of entry.
INSTANT PRIZES
  1. In addition to the above, once the fully completed entry form is submitted, each entrant will be notified instantly on screen whether or not they are a winner of a twelve month Kayo subscription and will receive a confirmation email including details of the prize won. Instant Prize winners will be published on winwithmaximus.com.au from 14th April 2022.
  1. Instant Win Prize winners will be required to enter their credit card details at https://kayosports.com.au/ in order to redeem the Instant Win Prize. Credit cards will not be charged until the 12-month subscription period concludes unless the Instant Win Prize winner changes their Kayo Sports subscription or redeems an additional Kayo Sports voucher which overrides the Instant Win Prize within their account. Instant Win Prize winners will need to manually terminate the Kayo subscription prior to the expiry of the 12-month subscription period in order to avoid incurring any charges to their credit card.
  1. There will be a total of three-hundred (300) Instant Prizes to be won during the Promotional Period (“Instant Prize”). Each Instant Prize is a 12 month Kayo Sports subscription, on the ‘Basic’ pack, valued at $300 per Instant Prize (based on 12 months of Kayo Basic at $25/mth). Instant Prize subject to sign up to Kayo Sports. Must be redeemed by 31st May 2022. After offer ends, subscription auto-renews at $25/mth (Basic) unless changed or cancelled prior to offer end date. Cancellation effective at the end of your 12 month subscription. No refunds or credits will be given for partial months or years. Not available in conjunction with any other offer or via third party sign-ups or billing. Kayo requires internet and compatible device. Data charges may apply.
MAJOR DRAW
  1. There will be one (1) major draw conducted at the end of the Promotional Period from all valid entries received (“Major Draw”). The Major Draw will take place at 11:00am AEDST on 7th April 2022 at Bamboo Marketing, Suite 1.24 90 Bourke Road Alexandria, NSW 2015. Additional reserve entries may be drawn and recorded for use in the event an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by email within two (2) business days of the draw and their name will also be published on winwithmaximus.com.au from 14th April 2022.
  1. Subject to clause 14 below, the first ninety (90) valid entries drawn will win their share in $15,000 as broken down in the table below (“Major Prize”).
    Winners Prize Per Winner
    First 5 Valid Entries $1,000
    First 10 Valid Entries $500
    First 25 Valid Entries $100
    First 50 Valid Entries $50
  1. However if the winners allocated team took 1st place in the Maximus Do-Cathlon their winnings will double.
  1. The Maximus Do-cathon will be available for viewing on the Foxtel network on Fox Sports and Kayo. For more information visit the Maximus Facebook page for regular updates.
GENERAL
  1. Cash prizes will be awarded in the form of a cheque made out in the winner’s name or awarded via Electronic Funds Transfer into the winner’s nominated bank account.
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’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 process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the 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.
  1. Incomplete or indecipherable entries will be deemed invalid.
  1. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of four (4) entries are permitted per person per day.
  1. Entrants must retain their original OR 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 prize. Purchase receipt(s) must clearly specify the store of purchase, products purchased and that the purchase was made during the Promotional Period but prior to entry.
  1. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. Subject to the Unclaimed Prize Draw clause, if for any reason a winner does not take / redeem a prize at/by the time stipulated by the Promoters, then the prize will be forfeited, and no compensation will be payable.
  1. The total prize pool value is up to AU $120,000.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable.
  1. All winners will be published online at winwithmaximus.com.au on 15/04/2022.
  1. A draw for any Major Prize as determined in accordance with clause 13, if unclaimed, and any Instant Prizes that are won, but unclaimed may take place on 14th July 2022 at Bamboo Marketing, Suite 1.24 90 Bourke Road Alexandria, NSW 2015 at 11am AEST, subject to any directions from a regulatory authority (“Unclaimed Prize Draw”). Winners, if any, will be notified by email within two (2) business days of the Unclaimed Prize Draw and their names will be published online at winwithmaximus.com.au from 21st July 2022.
  1. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any Instant Prizes that are won, but unclaimed, and form part of the advertised total prize pool will be awarded in the Unclaimed Prize Draw. Instant Prize materials (including proof of purchase) are void if stolen, forged, mutilated or tampered with in any way.
  1. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
  1. Entrants consent to the Promoters 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 Promoters. The ensuing copyright in any material will rest with the Promoters, without any claim to compensation from the entrants.
  1. 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 Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserve the right, in their sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority (if any), to modify, suspend, terminate or cancel the promotion, as appropriate.
  1. The Promoters reserve the right, at any time, to verify the validity of claims and determine the eligibility of entrants (including an entrant’s identity) and to disqualify any entry or refuse to award a prize where false or misleading details have been given by an entrant, or where an entrant has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these terms and conditions or the spirit of the promotion.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. 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”).
  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) and any prize suppliers in connection with this promotion are not responsible for and exclude 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 Promoters) due to any reason beyond the reasonable control of the Promoters; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) use of a prize.
  1. The Promoters collect 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. Entry is conditional on providing this PI. The Promoters will also use and handle PI as set out in their Privacy Policy, which can be viewed at http://www.frucor.com.au/index.php/privacy_policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoters 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. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or the Privacy Act 1993 (as applicable) or any other applicable law and how those complaints will be dealt with. The Promoters will not disclose entrant’s PI to any entity outside of Australia.

    NSW Authority TP/01164. ACT Permit No. TP21/01757. SA Permit No. T21/1582