365 Days of Coffee Promotion Terms & Conditions

‘365 Days of Coffee’ Promotion Terms & Conditions
Conditions of Offer

1. Information about how to enter, how to claim prizes and details of the prizes form part of these Conditions of Entry. Entry into the Gloria Jean’s Coffees ‘365 Days of Coffee Promotion (Promotion) is deemed to be an acceptance of these Conditions of Entry.
2. The Promotion commences at :20:01pm EST on 14 June 2009 and closes at 11:59:59pm (Sydney time) on 31 July 2009 (Promotion Period).
3. To enter the entrant must comply with the following to be a valid entry 
   1. be a resident of Australia;
   2. not be a Director, manager or employee of the Promoter, or agencies or companies associated with the Promoter, or a member of the immediate family of such a Director, manager or employee;
   3. redeem the major prize by 27 July 2010;
   4. visit www.gloriajeanscoffees.com.au (“Promotion Website”) and complete the on-line entry form including his or her full name, email address, postal address and phone number during the Promotion Period.  All entries must be complete, legible and decipherable. If there is a dispute as to the identity of who submitted the entry form, the Promoter will, in its absolute discretion determine the entrant.
   5. consent to the collection, use and disclosure of his or her personal information in accordance with paragraphs 20 of these Conditions of Entry (Entry).
4. Entries must be received by the Promoter during the Promotion Period. Entries are deemed to be received at the time of receipt by the Promoter. The Promoter reserves the right, at any time, to verify the validity of the entry and the entrants (including an entrants identity, age and place of residence) and disqualify any entry that is not in accordance with these Terms and Conditions.  Records of the Promoter are final and conclusive as to time of receipt. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or 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. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
5. An entrant may not enter the Promotion more than once. Only one valid entry per person will be accepted by the Promoter.
6. This Promotion is a game of chance, and skill plays no part in determining the winner.. The Promoters decision is final. The winner’s name will be available at www.gloriajeanscoffees.com.au.
7. The prize draw will take place at Unit 10, 20 Ricketty St. Mascot NSW 2020 at 12pm on 7 August, 2009.
8. For the purposes of these Conditions of Entry, Promotional Region means the part of Australia covered by:
   1. Western Australia and the Northern Territory;
   2. New South Wales and the Australian Capital Territory;
   3. South Australia;
   4. Queensland;
   5. Victoria; or
   6. Tasmania.
9. The Promotion consists of one major prize. 
10. The first entry drawn will win a year’s worth of coffee in the form of 365 Gloria Jean’s Coffees regular drink coupons each valued at a maximum $5.80 comprising a total prize value of $2,117.00 including GST (Major Prize). The drink coupons are valid until August 21 2010. Each drink voucher is valid for one day only, and will be stamped with consecutive dates (365 days in total) starting from August 21, 2009. The voucher is only valid for the date of which it is stamped, and is deemed void if used on a day other than which it is stamped.
11. If the winner of the Major Prize is under 18 years of age, the prize will be awarded to the winner’s parent or guardian.
12. The value of the prize is accurate and based upon the recommended retail prices at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
13. To be eligible to claim a prize, the winner must complete a winner’s declaration form, provided by the Promoter, by 14 August, 2009.
14. If the winner is not decided a re-draw will take place at Unit 10, 20 Ricketty St. Mascot NSW 2020 on 7 November 2009 at 12pm.
15. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant:
    
    1. fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction;
    2. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
    3. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry or is offensive or inappropriate in the sole discretion of the Promoter;
    4. acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person; or
    5. fails to comply with clause 12.
16. If an entrant has won the Major Prize and their entry is subsequently declared to be invalid by the Promoter, the Promoter, at its absolute discretion will award the Major Prize to the next entry drawn by the Promoter.
17. The Promoter’s decision is final, and no correspondence will be entered into, including in the event of a dispute.
18. The Major Prize (including any unused portion) cannot be transferred, exchanged or redeemed for cash or other compensation. The Major Prize must be taken as offered and cannot be varied by the winner unless agreed between the winner and the Promoter at the winner’s expense. The Promoter retains the right to substitute the Major Prize with a prize or prizes of equal or greater value (including where a prize is unavailable), subject to approval of the gaming authorities in the State or Territory where relevant. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize including the Major Prize (or part of any prize) is unavailable for any reason.
19. The winner will be notified by phone and in writing by e-mail by 10 August  2009. The name of the winner of the Major Prize and their State/Territory of residence will be published on www.gloriajeanscoffees.com.au on August 10. By entering this Promotion, each entrant requests that his or her full address not be published.
20. At the Promoter’s request, the winner must, and where relevant, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Major Prize, free of charge, and they consent to the Promoter using their name and image in promotional material and for advertising and publicity purposes, in perpetuity, without additional compensation.
21. The Promoter reserves the right to validate and check the authenticity of entries and to disqualify any entrant who tampers with the entry process, or who submits an entry that is not in accordance with these Conditions of Entry. The Promoter reserves the right to request the winner to provide proof of identity and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter. Any entry made with stolen, forged, mutilated, unrecognised or tampered with the entry form is invalid.
22. 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 failures or any cause beyond the control of the Promoter which 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, including the prizes and these Conditions of Entry, or invalidate any affected entries subject to state regulation.
23. All tax liability arising as a result of accepting the Major Prize or any substitution thereof is the responsibility of the winner.
24. The Promoter, its associated agencies and companies and the agencies and companies associated with this promotion will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with receiving, taking or using the prize except for any liability which cannot be excluded by law.
25. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Conditions of Entry (including awarding the prize or any part of the prize), the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate, modify or suspend the Promotion.
26. All claims and entries become the property of the Promoter. By entering this Promotion the entrant consents to the Promoter and the Promoter’s agents, licensees and assigns infringing moral rights in any works in the entrant’s entry for an indefinite period of time by:
    1. not naming the entrant as the author of a work and naming the Promoter or an employee of the Promoter as the author;
    2. amending or modifying (whether by changing, adding to or  deleting/removing) any part of a work.
27. By entering the Promotion the entrant consents to the Promoter’s privacy policy available on the website of the Promoter at www.gloriajeanscoffees.com.au. The Promoter collects the entrant’s personal information for the purposes of administering the Promotion and notifying and announcing the winners. The Promoter may disclose the entrant’s personal information to third parties including those involved in the administration of the Promotion, notifying and announcing the winner, the supply of the Major Prize, for promotional material and the relevant gaming authorities. If the entrant does not provide the required personal information to the Promoter, the entrant cannot enter the Promotion. The entrant may access and correct the personal information about the entrant held by the Promoter by contacting Gloria Jean’s Coffees Marketing Department on (02) 9846 0306. By entering this Promotion the entrant consents to the collection, use and disclosure of his or her personal information as set out in this clause 26.
28. The Promoter is Jireh International Pty Limited ABN 26 937 002 364 of 11 Hoyle Avenue, Castle Hill NSW 2154, telephone: (02) 1800 689 550.
29. These Conditions of Entry are governed by the laws of New South Wales.
    ACT Permit No. TP 09/02229. NSW Permit No. LTPS/09/05226