V x DEADPOOL PROMOTION

WIN $50K A WEEK FOR EIGHT WEEKS

Competition starts 5 March 2018

  1. Information on how to enter the V Energy Promotion ("Promotion"), the prizes and rules for redeeming the prizes form part of these terms and conditions. Participation in this Promotion is deemed acceptance of these terms and conditions.

  2. Any entry which does not comply with these terms and conditions is invalid. Incomplete, indecipherable or illegible entries will be deemed invalid.

  3. Entry is open to Australian residents who are 16 years of age or older on the date of entry ("Eligible Entrants"). Eligible Entrants who are under the age of 18 years old on the date of entry must have parent or guardian approval to enter the Promotion and the parent or guardian of the Eligible Entrant must read and consent to these terms and conditions. Parents/guardians of Eligible Entrants under the age of 18 years old may be required by Frucor Suntory Australia Pty Ltd ("Promoter") to enter into a further agreement as evidence of consent to the minor entering the Promotion.

  4. Employees of the Promoter or its associated companies, employees of any agencies associated with this Promotion and the immediate families of any such employees are not eligible to enter.

  5. The Promotion commences at 9:00am AEDT on 5 March 2018 and concludes at 9:00pm AEST on 29 April 2018 ("Promotional Period").

  6. To enter, Eligible Entrants must purchase a specially marked Deadpool promotional V Energy product ("Promotional Product") during the Promotional Period and participate in the photo competition described in clause 7 ("Photo Competition").

Photo Competition

  1. To participate in the Photo Competition, Eligible Entrants must:
    (a) take and upload a photo or collage of photos ("Photo") to Instagram or the V Energy Drink Australia Facebook page during the Promotional Period that:
    (i) clearly features a Promotional Product;
    (ii) illustrates the theme "what V saved you from today"; and
    (iii) is accompanied by the hashtag #IneedVenergy in the description, and ensure that the Photo remains uploaded during the Promotional Period; and

    b) ensure their account settings on the platform used to upload the Photo allow the Photo to be viewed publicly.

  2. All entries must be uploaded by 9:00pm AEST on 29 April 2018.

  3. Entrants may enter as many times as they like provided that each entry is unique and is associated with a separate Promotional Product purchase. The Promoter may require a winner to provide evidence of each purchase for all entries made in order to claim a prize, and may disqualify any entrant or entry, including multiple entries that are not associated with a separate product purchase.

  4. By entering the Promotion, each entrant warrants to the Promoter that in respect of each of the copyright works contained in their entry:
    (a) it does not infringe the rights of any third party and all efforts have been taken to avoid any such infringement including by adequately obscuring any copyright works depicted in the entry such as logos or brands;
    (b) it does not contain any trade marks, except those of the Promoter;
    (c) they own the copyright in those works and are entitled to submit the works as part of, and for the purposes of, the Promotion; and
    (d) they are the author of the works.

  5. Entrants consent to inclusion of all copyright works comprised in their entry in any of the Promoter's promotions or advertising for any product:
    (a) without attribution to the entrant; and
    (b) with changes to the work of any kind made by the Promoter.

  6. As a condition of entry, each Eligible Entrant must assign to the Promoter all copyright held by the Eligible Entrant in the works.

  7. By entering the Promotion, each entrant warrants that each entry is not offensive, inappropriate, defamatory, does not infringe the rights of any third party including copyright or trade mark rights, or is not otherwise against the law. The Promoter may, in its sole discretion, edit entries including to obscure brands or logos, or any other copyright works or trade marks. The Promoter may, in its sole discretion, take down an entry from any platform, or disqualify an entrant for an entry, that it deems to be offensive, inappropriate, defamatory, that infringes the rights of any third party including copyright or trade mark rights, or is otherwise against the law.

  8. Entries are deemed to be received at the time specified on the time stamp of the entry on the relevant social media platform, and not at the time of submission by the entrant. The Promoter is not responsible for failure to receive any entry, whether for any cause beyond its control or otherwise.

  9. All valid entries received in each week (Monday-Sunday) during the Promotional Period will be judged by the Promoter at 10am local time on the following Monday at Suite 604, 46 Kippax Street, Surry Hills, New South Wales. The entry periods and judging dates are as follows:

    Weekly Winners

    Opening Date
    and time

    Closing Date
    and time

    Judging Date
    and time

    Week 1

    9:00am AEDT on
    5 March 2018

    11:59:59pm AEDT on
    11 March 2018

    10:00 am AEDT on
    12 March 2018

    Week 2

    12:00am AEDT on
    12 March 2018

    11:59:59pm AEDT on
    18 March 2018

    10:00 am AEDT on
    19 March 2018

    Week 3

    12:00am AEDT on
    19 March 2018

    11:59:59pm AEDT on
    25 March 2018

    10:00 am AEDT on
    26 March 2018

    Week 4

    12:00am AEDT on
    26 March 2018

    11:59:59pm AEST on
    1 April 2018

    10:00 am AEST on
    2 April 2018

    Week 5

    12:00am AEST on
    2 April 2018

    11:59:59pm AEST on
    8 April 2018

    10:00 am AEST on
    9 April 2018

    Week 6

    12:00am AEST on
    9 April 2018

    11:59:59pm AEST on
    15 April 2018

    10:00 am AEST on
    16 April 2018

    Week 7

    12:00am AEST on
    16 April 2018

    11:59:59pm AEST on
    22 April 2018

    10:00 am AEST on
    23 April 2018

    Week 8

    12:00am AEST on
    23 April 2018

    9:00pm AEST on
    29 April 2018

    10:00 am AEST on
    30 April 2018

  10. The Eligible Entrant whose valid entry best meets the criteria set out in clause 19 in each week during the Promotional Period, as decided by the Promoter (“Weekly Winner”), will win the opportunity to play a contingency game (“Game”) to win either AUD$50,000 (“Major Prize”), or AUD$500 (“Consolation Prize”).

  11. If there are no valid entries received in a particular week during the Promotional Period, then no judging will occur and the Weekly Prize for that week will be allocated to the following week when an additional Weekly Winner will be selected, and so on. If there are no valid entries received in the final week of the Promotional Period, then the Weekly Prize for that week will be allocated to the valid entry submitted in any week of the Promotional Period (not already selected as a Weekly Winner) that best meets the criteria set out in clause 19, and that entry will become the Weekly Winner for the final week.

  12. After each judging, each Weekly Winner will be notified promptly via a comment or reply on the social media platform that their winning entry was submitted on or, alternatively, via direct message. This message will request the Weekly Winner’s personal details for the purposes of arranging for their attendance at the Game. Each Weekly Winner’s name will be published on the Promoter’s website.

  13. The Photo Competition is a game of skill and chance plays no part in determining the Weekly Winner. Each valid entry will be individually judged by the Promoter according to its merits based on the creativity of the entry and its depiction of the Promotional Product and its relevance to the V Energy brand.

  14. If the Promoter has not received confirmation from a Weekly Winner that they will attend the Game before the start of the Game, the Promoter will appoint an independent person (“Representative”) to play the Game on that Weekly Winner’s behalf.

Game

  1. The Game will take place at a date between 21 May 2018 and 8 June 2018, at a time between 6.00am and 9.00pm AEST and at a location in the Sydney Metropolitan Area. The final date and location of the Game will be confirmed by the Promoter by 4 May 2018 and details will be published on the Promoter’s website.

  2. If a Weekly Winner does not reside in the Sydney Metropolitan area, the Promoter will provide one return economy airfare from that Weekly Winner’s nearest State capital city airport or major regional airport to Sydney, NSW and two nights accommodation in a 3 star hotel, to be chosen at the Promoter’s sole discretion, and for a guardian if required (as to which see this clause). The total cost of the airfare and accommodation will be limited to AUD$5,000. If a Weekly Winner resides within the Sydney Metropolitan Area, that Weekly Winner will be responsible for their own accommodation and transport to and from the Game. All other costs including meals, spending money, taxes (excluding airline and airport taxes), insurance, transport to and from the departure airport, transfers, items of a personal nature, any costs or charges consequential to the trip, in-room charges, and all other ancillary costs are the responsibility of each Weekly Winner and are not included in the trip. Each Weekly Winner may be required to present their credit card at time of accommodation check in. Travel is subject to the standard terms and conditions of individual service providers. If a Weekly Winner is under the age of 18, they must be accompanied to the Game and on the trip by a parent or guardian and they must travel with the Weekly Winner and depart from and return to the same point.

  3. There will be eight separate containers each holding 100 envelopes. In each container, one envelope will contain a message indicating that the Weekly Winner has won a Major Prize. The other ninety-nine envelopes will each contain a message indicating that the Weekly Winner has won a Consolation Prize. Each Weekly Winner or Representative will be assigned a container and must choose and open only one envelope from that container without opening or otherwise tampering with any of the other envelopes. The Weekly Winner will be disqualified if they are found to have breached this condition. If the Weekly Winner or the Representative selects an envelope in their container with the message representing a Major Prize, then, subject to verification by the Promoter, the Weekly Winner will win a Major Prize.  If the Weekly Winner or the Representative selects another envelope, then the Weekly Winner will win a Consolation Prize and the Major Prize will not be given away from that container. 

  4. Each Weekly Winner’s odds of winning a Major Prize are 1 in 100. 

  5. The names of each Weekly Winner will be published in The Australian on 15 June 2018, along with confirmation of whether they won a Major Prize or the Consolation Prize, and also on the Promoter’s website.

Unclaimed prizes

  1. The Promoter will conduct an unclaimed prize draw on 23 September 2018 to distribute any prizes unclaimed by that date, subject to any written directions given by any relevant gaming authority. The first valid entry drawn from the remaining Weekly Winners will win the prize selected by the relevant Weekly Winner or Representative in the Game, and so on until all unclaimed prizes are distributed, starting with any unclaimed Major Prizes.

  2. The winners of an unclaimed prize will be notified via the social media platform on which they entered the Promotion within two days, and will have their names published in The Australian on 28 September 2018 and on the Promoter’s website.

Miscellaneous

  1. The total prize pool is valued at up to AUD$440,000 (GST inclusive). The Major Prizes or Consolation Prizes are not transferable.

  2. Any cash prize will be awarded in the form of a cheque, issued to the Weekly Winner. If a winner is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian on their behalf.

  3. All decisions made by the Promoter are final and no correspondence will be entered into.

  4. All entries become the property of the Promoter. All details will be held in accordance with the Promoter’s privacy policy which can be viewed at https://frucorsuntory.com/privacy-policy.

  5. The Promoter may engage third party providers to assist in completing fulfillment of the prizes.

  6. The Promoter may verify the validity of entries, including entrants’ identity, age and home address. The Promoter may also disqualify any entrant, including any entrant who tampers with the entry process, or who submits an entry that the Promoter in its sole discretion deems to be offensive, inappropriate, defamatory, or otherwise not in keeping with the spirit of the Promotion.

  7. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter and its associated agencies and companies will not be liable for any problem or technical malfunction of any telephone, computer network, line, servers, or telephone or internet provider, traffic congestion on any computer network, or any combination thereof. They will also not be liable for any injury or damage to an entrant’s, or any other person's, computer or other communication device related to or resulting from their participation in, or sending or receiving of any communication or other materials as part of, this Promotion.

  8. If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated for any reason beyond the reasonable control of the Promoter, including but not limited to a computer virus, mobile phone failure, line drop outs, bugs, tampering, fraud, technical difficulties or unauthorised intervention, each Promoter reserves the right, in its 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, to modify, suspend, terminate or cancel the promotion, as appropriate.

  9. The use of any software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that entrant invalid.

  10. Any cost associated with accessing the promotional websites and social media accounts is the entrant’s responsibility and is dependent on the Internet service provider used.

  11. The Promoter and its associated agencies and companies are not liable for any loss or damage, including indirect or consequential loss or damage, or personal injury suffered during the course of accepting or using any prize or arising in any way out of the Promotion, except for any liability that cannot be excluded by law.

  12. If for any reason a winner does not take or claim a prize (or an element of the prize) at the time stipulated by the Promoter, then that (or that element of the prize) will be forfeited and will not be redeemable for cash.

  13. Prizes will only be delivered in Australia and winners should allow 28 days for delivery of their prize.

  14. The exact dates of the Game and any travel to the Game are to be determined by the Promoter in its sole discretion. Once confirmed in writing, travel dates and the name of the person(s) travelling as part of the Game are not changeable.

  15. It is the responsibility of each Weekly Winner to ensure they have valid travel documentation as required for interstate travel. Any fines, penalties, payments or expenses incurred as a result of travel documents not meeting the requirements will be the sole responsibility of that winner or their guest.

  16. Each Weekly Winner must provide proof of identity.

  17. A Weekly Winner (and their parent or guardian if the Weekly Winner is under 18) must depart from and return to the same departure point in Australia. The itinerary is to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize or Consolation Prize.

  18. The Promoter may refuse to allow a Weekly Winner to take part in any or all aspects of the Game if the Promoter determines that the Weekly Winner is not in the mental or physical condition necessary to be able to safely participate.

  19. As a condition of entry, each entrant must sign any legal documentation as, and in the form, required by the Promoter and entities associated with the Promotion and/or prize suppliers in their absolute discretion, including, but not limited to, a copyright assignment, a legal release and indemnity form.

  20. The Promoter collects personal information from entrants in this Promotion in order to conduct the Promotion and will not use or disclose such information except to conduct the Promotion and in using the entrant’s name and image in accordance with clause 48. Entrants should direct any request to access, update or correct information to the Promoter. Each entrant consents, and has obtained the consent of all other individuals appearing in their entry, to his or her entry being used as permitted by these terms and conditions.  If the personal information requested is not provided, the entrant cannot participate in the promotion and is deemed ineligible. Details from all entries will be collected and used for the purposes of conducting this Promotion (which may include disclosures to third parties for the purpose of processing and conducting the Promotion). By entering this Promotion Eligible Entrants consent to the use of their information as described. Eligible Entrants may access and/or change their data by following the procedures in the Promoter's privacy policy which can be viewed at https://frucorsuntory.com/privacy-policy.

  21. The Promoter will film the Game, and each Weekly Winner agrees to the use of their image and name for publicity regarding the Promotion and for future promotional use without additional compensation.  All Entrants agree to the use of their image and name for publicity regarding the Promotion and acknowledge that it is a condition of taking a prize that all persons taking a prize agree to publicity regarding the Promotion, including the use of their name and image, without additional compensation.

  22. If the Promotion is not able to be run as planned, whether caused tampering, unauthorised intervention, fraud, technical failures or other cause beyond the control of the Promoter which affects the administration, security, fairness or integrity of the Promotion, the Promoter may cancel, terminate, modify or suspend the Promotion subject to State legislation.

  23. Each entrant indemnifies the Promoter against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Promoter in relation to any breach by the entrant of its obligations under these terms and conditions, except to the extent that the liabilities, damages, losses, costs and expenses are caused or contributed to by the negligence of the Promoter.

  24. Any taxes that arise as a result of the Eligible Entrant participating in the Promotion, or winning either the Major Prize or Consolation Prize are the sole responsibility of the Eligible Entrant.

  25. Each entrant releases Facebook and Instagram from any liability against the entrant in relation to their entry/s.  The entrant acknowledges that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.

  26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

  27. The Promoter in Australia is Frucor Suntory Australia Pty Ltd (ABN 73 060 091 536) 2/5 George Street, North Strathfield NSW 2137. Telephone: (02) 8762 0399. Authorised by NSW Permit No. LTPS/17/18769, ACT Permit No. ACT TP 17/02111 and SA Permit No. T17/1954.

ABBREVIATED TERMS AND CONDITIONS

Full T&Cs at v-energy.com. Open to AU residents 16+ yrs. To enter buy specially marked V Energy product & upload a photo to Facebook or Instagram with product to theme ‘what V saved you from today’, with #IneedVenergy between 9:00am AEDT on 5/3/18 & 9:00pm AEST 29/4/18 (Entry Period). Proof of purchase required. Entrants must assign copyright. Weekly Winner judged by Promoter on 12/3, 19/3, 26/3, 2/4, 9/4, 16/4, 23/4, 30/4, 10am at Suite 604, 46 Kippax Street, Surry Hills, NSW, wins opportunity to play Game (+ travel/accom up to $5,000 if not from Sydney). Game held in Sydney between 21/5/18 & 8/6/18 each weekly winner chooses 1 envelope out of 100, with odds of winning Major Prize ($50,000 AU) being 1 in 100 otherwise win Consolation Prize ($500 AU). Weekly Winners notified on Promoter’s website and Game results published in The Australian on 15/6/18. Total prize pool up to $440,000. Promoter: Frucor Suntory Australia Pty Ltd ACN 060 091 536. NSW Permit No. LTPS/17/18769, ACT Permit No. ACT TP 17/02111 and SA Permit No. T17/1954.

COMPETITION WINNERS

Week 1

B. Young - Mill Park VIC

Week 2

A. Edwards - Sheffield TAS

Week 3

S. Hill - Toowoomba QLD

Week 4

M. Simmons - Glossodia NSW

Week 5

D. Tucker - Oxley NSW