Terms & Conditions
Postmix Pinnacle Program 2023 ("Conditions of Entry")

Promotion:

Postmix Pinnacle Program 2023

Promoter:

Coca-Cola Europacific Partners Australia Pty Limited ABN 68 076 594 119, Coca-Cola Place, Level 13, 40 Mount Street, North Sydney, NSW 2060, Australia. Ph: 02 9259 6222

Promotional Period:

Start date: 17/01/23 at 09:00 am AEDT

End date: 31/12/23 at 11:59 pm AEDT

Eligible entrants:

Entry is only open to Australian organisations that are customers of the Promoter.

How to Enter:

To enter the Promotion, the entrant must agree to participate in the Postmix Pinnacle Program (by signing up online through their BDE) and complete the following steps during the Promotional Period:

• Activate all postmix promotions for the balance of year (which includes the following promotions: FIFA Women's World Cup, Road Trips, Sprite, FIFA Women's World Cup, Footy Finals and FIFA);
• Grow their postmix sales by at least 5% (compared with postmix sales figures from the same period in each Postmix Activation’s Start & End Dates, as listed below);
• Advertise Coca-Cola beverages on their menu for duration of the Promotional Period; and
• Have the Coca-Cola postmix tap badge activated for duration of the Promotional Period.

Winner Determination:

The Promoter will review the uplift in postmix sales during each Postmix Activation Period compared with the same period in 2022.

In the event of any organisation that wishes to take part in this promotion but were not trading in 2022, the Promoter will allocate such organisations a sales figure for the 2022 period (based on a similar size venue, as determined by the Promoter in its absolute discretion).

In the case of any businesses impacted by COVID-19 shut downs during the comparison period (i.e. from 16/1/22 – 31/12/22), the Promoter will allocate a sales figure for any shut down period(s) based on the reasonable sales figures of a similar size organisation during the impacted period(s).

The top three (3) organisations in each State/Territory group (as outlined below) with the highest volume postmix sales uplift in each Postmix Activation will receive a prize.

Total Prize Pool:

AUD $24,000.00

Prize Details:

Prize Conditions:

• Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
• EFTPOS gift cards must be validated within three months of being received.

Winner notification:

The winners will be contacted by using the contact details on file with the Promoter, includes in writing, 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 eligible organisation with the next highest volume postmix sales uplift in the respective Postmix Activation and State/Territory group, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

Further Conditions:

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. Judging:
   1. The winners will be determined by Strategy & Execution Manager – Licensed according to postmix volume sales uplift for the duration of the corresponding Postmix Activation (as compared to the same period in 2022).
   2. Entries will be divided into the following groups: NSW/ACT, QLD, VIC/TAS, SA/NT, WA. The top three (3) organisations in each State/Territory group with the highest volume uplift in postmix sales for a Postmix Activation will receive a prize. Prizes will be awarded in descending order of value (as outlined above).
   3. The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.
6. All reasonable attempts will be made to contact each winner.
7. 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.
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. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
12. 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).
13. 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.
14. 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.
15. 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.
16. 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).
17. 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.
18. 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.
19. 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.
20. 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).
21. 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.
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.