Monster Energy® Catalunya MotoGP™ Promotion

Terms and Conditions

Who is running the competition?

The Promoter is Monster Energy AU Pty Ltd (ABN 84 132 571 638) of Unit 10c, 2 Daydream St, Warriewood NSW 2102.

Where will the competition run?

The Competition will run in participating Coles Supermarkets (including Coles online but excluding Coles Express stores and fuel outlets) which are displaying the advertising material (Stores) in Australia.

When will the competition start and end?

The competition period starts at 12.01am (AEDT) on 01/11/2022 and ends at 11.59pm (AEDT) on 30/11/2022 (the Competition Period).

Who can enter?

Entry is only open to Australian residents who are aged 18 years or over and can take the major prize in Spain on dates to be determined by the Promoter subject to the official 2023 Moto GP schedule, excluding:

(a) management, employees, directors and contractors of the Promoter, its related bodies corporate, the participating Stores and other agencies, firms or companies associated with the competition (including suppliers of prizes);

(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph (a) above;

(c) persons who have won a prize or prizes valued either individually or collectively at more than $5,000 (including GST) in any competition or promotion run by or on behalf of the Promoter, within the 12 months prior to the commencement of the Competition Period;

(d) persons who have used or attempted to use any more than one name in order to qualify to win a competition or promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and

(e) persons who have breached the terms and conditions of any competition or promotion run by or on behalf of the Promoter.

The persons referred to in paragraph (b) above include natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion.

Do I need to buy anything to enter?

Yes. During the Competition Period, you need to buy any 2 x 500ml Monster Energy® drink cans or 1 x Multipack (4x500ml) Monster Energy® drink cans (all variants) in 1 transaction (including online and vending machine purchases) (Qualifying Purchase) from a Store and retain your receipt as proof of purchase.

Entry instructions

After you have made a Qualifying Purchase and collected your itemised purchase receipt, you must during the Competition Period:

scan the QR code on the in-store advertising material with your smartphone;

or

visit www.monsterenergy.com/promotions (Website),

and

locate the entry page and fill out and submit the online entry form including by uploading an image of your Qualifying Purchase receipt and providing all other requested information, including your name and address.

Your purchase receipt must clearly identify the Store where the Qualifying Purchase was made, the product/s purchased (which must be a Qualifying Purchase) and the date of purchase (which must be during the Competition Period before you submitted your entry).

The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability.

No entries will be accepted outside the Competition Period.

How many winners will there be and how will they be chosen?

There will be 302 winners determined in respect of this competition – 300 minor winners and 2 major winners.

The draw will be held at 1pm (AEDT) on 02/12/2022 at Level 2, 11 York Street, Sydney NSW 2000.

The first 2 valid entries drawn randomly from the entries received during the Competition Period will each win a major prize.

The next 300 valid entries drawn randomly will each win a minor prize.

The Promoter may arrange to draw additional reserve entries in the draw and record them in order, in case a winning entry/entrant is deemed invalid, or a prize is unclaimed (Reserve Entrants).

An independent scrutineer will observe the draw process and announcement of the winners.

What can I win?

There are 302 prizes available – 300 minor prizes and 2 major prizes.

Each minor prize is a Monster Energy New Era Cap valued at $35.

There is a limit of one minor prize per person, per email and per household (except for SA residents).

Each major prize is a trip to Catalunya, Spain for the winner and 1 adult companion on dates to be determined subject to the official MotoGP™ 2023 schedule, valued at up to $23,000 depending on the winner's place of departure, which includes:

- 2 x Corporate Tickets to the Catalunya MotoGP™, in Spain in 2023 (date to be confirmed by the Promoter) for the winner and their companion,

- 5 nights' twin share accommodation in a 4-star hotel (as determined by the Promoter) for the winner and their companion,

- Return economy flights (including airfare taxes) from the winner’s nearest Australian capital city to Barcelona, Spain and return transfers between Barcelona airport and the accommodation for the winner and their companion; and

- AUD$1,000 True Rewards Digital Visa Gift Card for the winner only to spend on transfers (e.g. to and from the airport and/or hotel and the racing event).

The True Rewards Digital Visa Gift Card is redeemable at retailers with contactless payment facilities or online merchants which support Apple Pay or Google Pay (some retailers may not accept digital gift cards).

For the avoidance of doubt, any travel provided by the Promoter requires that the winner and their companion make their own way to their closest capital city airport.

The major prize is subject to any applicable law or guidelines including in relation to a pandemic, any travel/government restrictions/directives, border closures, health advice and the like.

Major prize winners and their companions must either have or obtain all necessary valid vaccinations or equivalent exemptions prior to departing Australia in accordance with any Spanish Government regulations.

For the avoidance of doubt, the major prizes must be taken on the dates as specified by the Promoter (to coincide with the official MotoGP™ schedule) or the prize will be forfeited.

By accepting or participating in the major prize, your companion accepts these Terms and Conditions.

Total prize pool

The total minor prize pool is $10,500.

The total major prize pool is valued at up to $46,000.

The overall total prize pool is valued at up to $56,500.

How many times can I enter?

You can enter a maximum of once per day during the Competition Period, provided that each entry is based on a separate Qualifying Purchase and separate Qualifying Purchase transaction.

A receipt showing a Qualifying Purchase can only be used to make 1 entry, regardless of how many Qualifying Purchases are shown on that receipt.

Each entry must be submitted separately in accordance with these Terms and Conditions.

How and when will the winner be informed?

If you are a winner, you will be informed in writing within two business days of determination.

If you are a major prize winner your name and state/territory of residence will also be published on the Website on 09/12/2022 for a period of 28 days.

Must I keep anything to verify my entry?

You must keep the original itemised purchase receipt(s) for all entries as proof of purchase. If you don't produce the proof of purchase for all entries when asked, the Promoter may disqualify all of your entries and you will lose any right to a prize.

Proof of purchase must be identical to that provided by you with your entry.

If, in the Promoter's opinion, you have shared any receipt(s) with another person, your entries will be invalid and you will lose any right to a prize.

If I win, when must I claim my prize?

You must claim your prize by 5pm (AEDT) on 08/03/2023.

Unclaimed prize/s

If a prize has not been accepted or claimed by 5pm (AEDT) on 08/03/2023 or if, after making all reasonable attempts, the Promoter cannot contact a winner (or a winner does not contact the Promoter) by this time and date, the relevant entry will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw in the presence of an independent scrutineer at 1pm (AEDT) on 09/03/2023 at the same location as the original draw to distribute the relevant prize/s in descending order of value.

Any such winner/s will be informed in writing within two business days of determination.

Any such major prize winner/s will also have their name and state/territory of residence will be published on the Website on 16/03/2023 for a period of 28 days.

If any prize remains un-won at the end of this promotion or if a prize winner cannot be found, that information will be published on the Website on 06/04/2023.

Permit numbers

Authorised under NSW Authority No. TP/00151, ACT Permit No.

TP 22/01505 and SA Licence No. T22/1212

 

1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.

Entry

2. Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase, your entry may be deemed invalid at the Promoter's discretion (unless product is defective). The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/multiple aliases you may be disqualified.

Prizes

3. Prizes will be delivered to the winner's residential address as nominated at the time of entry. Winners will be notified of any delay.

4. Prizes and all elements of prizes must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prizes are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including:

(a) validity period/s;

(b) booking and availability of flights, accommodation and events;

(c) conditions of travel and conditions of entry into any event venues (including behaviour requirements, COVID safety requirements and applicable dress codes);

(d) travel dates and specified travel exclusion periods;

(e) any additional fees (payable by you) relating to changes made by you/your companion to a prize after it has been booked;

(f) the requirement to obtain all necessary documents to travel to any overseas location specified, including a current and valid passport and any visas required; and

(g) a requirement to present your credit card when checking in to accommodation.

5. You/your companion are responsible for all other unspecified costs related to the major prize, including additional meals, transport, insurance (including excesses), in-room charges, additional taxes, installation costs etc. Event tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event location. The winners must keep their tickets safe and the Promoter will not replace lost or stolen tickets

6. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share a prize.

7. The Promoter accepts no responsibility if the event or activities awarded as part of the major prize are abandoned, called off or postponed for any reason. In that case you and your companion forfeit your entitlement to that event or activity. Unless otherwise specified by the Promoter, you will not be given cash or any alternative prize as a substitute for this altered prize element.

8. Major prize winners will receive an SMS from True Rewards Mobile Pay with an activation code and instructions on how to access their Mobile Pay Visa Card via the App Store or Google Play. The prize winner will need to download the True Rewards App and access their digital gift card and add it to their mobile wallet. The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of downloading and using the True Rewards Mobile Pay App. For any issues using the True Rewards Mobile Pay App please visit https://truerewards.com.au/contact.

General

9. If you are a winner, you and (if applicable) your companion must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You consent to the Promoter using your names and images in any promotional or advertising activity.

10. Any failure by you or your companion (if applicable) to comply with the conditions imposed by the prize supplier/s may result in a prize being cancelled or withdrawn without liability for the Promoter or the prize supplier/s.

11. You/your companion must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the major prize. If you or your companion do not sign, your entry will be deemed invalid and you will lose any entitlement to the major prize.

12. If you or your entry are deemed by the Promoter to breach these Terms and Conditions, including if you are unable to take the major prize on the relevant dates, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.

13. You must not:

(a) tamper with the entry process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the entry process);

(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;

(c) act in a disruptive, annoying, threatening, abusive or harassing manner;

(d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;

(e) breach any law; or

(f) behave in a way that is otherwise inappropriate.

14. If you win a major prize, you are responsible for your companion and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or your companion if they breach these conditions, whether or not legally bound by them.

15. If you or your companion, in the opinion of the Promoter are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this promotion, or is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you and your companion from participating in any elements of a prize, at its discretion.

16. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.

17. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this competition is final.

18. The prizes cannot be transferred or exchanged nor redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.

19. By entering, you request that your full address not be published.

20. If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, government directives, public health orders, pandemic, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.

21. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

Liability

22. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

23. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).

24. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of or damage to prizes or for any damage that occurs to prizes if displayed at a Store.

25. The Promoter may communicate or advertise this competition using Facebook or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You provide your information to the Promoter and not to Facebook or Instagram. You completely release Facebook and Instagram from any and all liability.

Collection and use of your personal information

26. The Promoter collects personal information (PI) in order to conduct the competition 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 Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.monsterenergy.com/au/en/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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 you. The Privacy Policy also contains information about how you may opt out, access, update or correct your PI, how you may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Entrants' details will be collected by Monster Energy HQ based in California, USA, for the purposes of collating the entries for the draw, however, the Promoter will not disclose your personal information to any other entity outside of Australia.

 

Abbreviated T&C’s

For use in advertising for a trade promotion/competition

AU residents 18+ only & able to take major prize on dates to be determined by Promoter in 2023 (excl winners of Promoter's prizes valued $5,000+ in 12 mths prior). Between 12.01am (AEDT) 1/11/22 & 11.59pm (AEDT) 30/11/22, buy any 2 x 500ml Monster Energy® drink cans or 1 x 4 pack in 1 trans. (all variants, excl. vending machine purchases) from a participating Coles Supermarket (incl. Coles online but excl. Coles Express & fuel outlets), scan QR code on advertising in store or visit www.monsterenergy.com/au/en/promotions & fill out entry form incl. receipt upload. Max 1 entry per person per day & per receipt. Keep original itemised receipt/s. Draw: 1pm (AEDT) 2/12/22, Lvl 2, 11 York St, Sydney NSW 2000. 300 minor prizes: Monster Energy New Era Cap ($35ea). 2 major prizes: Trip for 2 (18+) to Spain for the '23 Catalunya MotoGP™ (up to $23,000ea). All winners told in writing. See website on 9/12/22 for major winners. Entrants will get future marketing from Promoter. See website for full conditions inc. privacy statement. Promoter: Monster Energy AU Pty Ltd (ABN 84 132 571 638). Permits: NSW TP/00151, ACT TP22/01505, SA T22/1212.