Terms & Conditions
Indies Partners Program 2022 ("Conditions of Entry")

Promotion:

Indies Partners Program 2022

Promoter:

Coca-Cola Amatil (Aust) Pty Ltd ABN 68 076 594 119, L13, 40 Mount Street, North Sydney, NSW 2060, Australia.

Promotional Period:

Start date: 31/08/22 at 12:01 am AEST

End date: 29/11/22 at 11:59 pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over who are multi-site operators (MSOs) that are invited by the Promoter to participate in this Promotion.

Individual stores must have been trading from 31/08/21 until 29/11/21 in order to be eligible for this Promotion.

How to Enter:

To enter the Promotion, an MSO must complete the following steps during the Promotional Period:

• range at least 20 of the Promoter’s Cold Drinks;
• activate the ‘Energy Aisle Layouts’ as per the CCEP program;
• execute the monthly R2P2 display;
• activate the Lead In and Lead Out Promotions;
• activate the monthly focus point of sale;
• grow their Cold Drink sales by at least 2% (“Cold Drink Target”). This is determined by referring to case purchase growth for CCEP Cold drink SKU’s only as measured by Metcash and/or CCEP Warehouse Withdrawals by the MSO during the Promotional Period compared with the same period the year prior; AND
• grow their total store sales by at least 2% (“Total Store Growth Target”). This is determined by referring to case purchase growth for all CCEP SKU’s or “total store” inclusive of cold drinks as measured by Metcash and/or CCEP Warehouse Withdrawals by the MSO during the Promotional Period compared with the same period the year prior.

‘Cold Drinks’ for the purpose of this Promotion includes all Coca-Cola European Partners non-alcoholic ready to drink (including coffee) products and excludes alcohol. ‘Cold Drink’ and ‘Total Store’ sales are based on physical cases.

Purchases should be from direct and authorised third-party suppliers only.

Winner Determination:

The top 35 MSO(s) with the highest Total Store Growth and meeting all their qualifications and targets will win the prize listed below.

In the event that two or more MSOs are tied for a prize, each tied MSO will be sent a tie break question to answer in 25-words or less. The tied MSO which provides the best answer to the question, as determined by the Promoter, based on creative merit, will win the prize. If an MSO fails to supply an answer by the time and in the method specified by the Promoter, they will be deemed ineligible for the prize.

Prize Conditions:

• Travel must be taken between 20/07/23 and 20/08/23 to coincide with the 2023 FIFA Women’s World Cup match (the “Event”) (exact dates of the match will be determined by FIFA). If the winner is unwilling or unable to attend at the designated time for the Event, they forfeit the prize and the Promoter is not obliged to substitute the prize.
• The 2023 FIFA Women’s World cup match tickets are subject to the event venue and ticket terms and conditions, including any applicable age restrictions. The Promoter and event organisers hereby expressly reserve the right to eject any winner and/or his/her companion for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
• Travel itinerary will be determined by the Promoter in its absolute discretion.
• Prize is subject to the standard terms and conditions of individual prize and service providers.
• Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
• The prize is subject to booking and flight availability.
• Frequent flyer points will not be awarded and do not form part of the prize.
• Spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included.
• The winner may be required to present their credit card at accommodation check in.
• In the event that a winner cannot travel as a result of any COVID related restrictions or limitations, the Promoter reserves the right to offer a substitute prize.

Winner notification:

The winners will be contacted by their Sales Representative within seven (7) business days of the judging.

Unclaimed Prizes:

In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the MSO who otherwise would have been the winner had the original MSO not participated in the Promotion, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

General Terms:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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 cousin.
5. All reasonable attempts will be made to contact each winner.
6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
7. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
8. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
9. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
10. No entry fee is charged by the Promoter to enter the Promotion.
11. The prize will either be awarded to the owner or the manager or the Promoter's store representative of the winning store (as determined by the Promoter).
12. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. 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.ccamatil.com/priva.... 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 collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter the Promotion. The Promoter may transfer entrants' personal information to countries specified in the Promoter’s privacy policy.
13. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
14. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
15. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
16. 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.
17. 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.
18. 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.
19. 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 or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
20. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
21. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
22. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
23. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.