Win Sparkling Water Maker - T&C

SODASTREAM AUSTRALIA TERMS AND CONDITIONS – WIN SWM COMPETITION

No purchase necessary. This Contest (the “Contest”) is intended for viewing and participation in Australia only and shall be construed and evaluated according to the laws of Australia.  Please do not proceed if you are not a legal resident of Australia at time of entry or not eligible to participate in the Content according to Section 3 below. 

1. Sponsor: The sponsor of this Contest is SodaStream Australia PTY Limited ABN: 81 104 202 093 (the “Contest Sponsor” or “SodaStream”).

2. Contest Period: Starting on the month of August 1^st 2023 and ending August 31^st, 2023, at 11:59pm AEST (the "Contest Period"). Please note that the Contest Period is subject to the Contest Sponsor amendments at its sole discretion.

3. Eligibility: This Contest is open to legal residents of Australia, who have reached the age of majority in their province/territory of residence. This Contest is not open to officers, directors, employees, representatives and agents of the Contest Sponsor, their respective parents, subsidiaries and affiliates and if applicable, their advertising or promotion agencies, contest judges, contest prize suppliers, any other companies engaged in the development, production, or distribution of materials for this Contest (collectively the “Contest Entities”), and members of their immediate families (regardless of where they live), or persons domiciled with them (whether related or not). In these Official Rules (the “Rules”), “immediate family” means parents, children, siblings and spouse.

4. How To Enter: To enter the Contest, visit our https://sodastream.com.au/pages/win-machine-competition website. Each valid registration will be permitted to submit one (1) entry per person (allowing each person to win one (1) prize for the duration of the contest period). All entries must complete the registration form to be eligible to win. Entrants must accurately complete all required fields or the entry will be deemed incomplete and will not qualify.

5. NO PURCHASE NECESSARY. Purchase of any product sold by the Contest Sponsor is not required and does not enhance a person’s chance of winning.

6. Prizing and Draws: The prizes are "A sparkling water maker with 2 flavour bottles" which will comprise of; 1x Art sparkling water maker, White + 2 x Pepsi Max Flavours
   – total value of $183 per winner  during the 12 months from receiving a winning notice sent by the Sponsor. There are a total of 8 Prizes available for participants in Australia. 2 prize each week, for the duration of the Contest Period. The sparkling water maker and flavours and bottle sizes of the prize are subjected to sponsors discretion.

7. PROMOTION PERIOD:  The promotion begins on May 1, 2023 at 12.00 PM Australian Eastern Standard Time (“AEST”) and ends on August 31, 2023 at 11:59:59 PM AEST (“Promotion Period”) and includes six (6) entry periods (each an “Entry Period”) as outlined in the chart below:

Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except at the Contest Sponsor’s sole discretion. Limit one (1) Prize per person for the duration of the Contest Period. No bonus prize will be awarded. Entries will not be carried over into subsequent GIVEAWAYS OR DRAWS.

8. How To Claim A Prize: during the term of the Contest, 8 Winners will be selected by representatives of The Contest Sponsor at random. 4 times during the term of the Contest ( August 1^st - August 31^st 2023), winners will be drawn and notified via Email. Winners will be prompted by the Contest Sponsor to send a direct message to the Content Sponsor’s with proof of Australian and state/territory residency, and contact details required to fulfill the prize – including but not limited to full name, address, email address and phone number the winner possesses.  It is the entrant’s responsibility to reach out to the Contest Sponsor as instructed within 21 days of notification and provide a valid Australian address, telephone number and email address, or their prize will be forfeited to another eligible winner. 
9. If a potential winner is found to be ineligible, declines to accept a Prize, cannot be located or does not respond and comply with the above requirements within 21 days of Notification, the potential winner will be disqualified and will forfeit the Prize. The Contest Sponsor may then, at its sole and absolute discretion, select by random draw another eligible entrant whom the Contest Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner. The Contest Sponsor will not be responsible for failed attempts to notify any potential winner. Any unclaimed Prizes throughout the Contest Period will not be awarded. To receive a complete list of winners, within six (6) months after the end of the Contest Period, send a self-addressed stamped envelope to the Contest Sponsor at SodaStream Australia, 21 Henderson Road, Knoxfield VIC 3180, Australia.

10. General Conditions Applicable to All Prizes: Prizes will only be delivered to winners who have been verified and have complied with these Rules. Prizes will be delivered to the winners’ addresses as provided on registering the Contest. Deliveries will not be made to PO Box addresses. No responsibility is assumed by the Contest Sponsor for any postal mail or courier delivery returned as undeliverable without a forwarding address. No responsibility is assumed by Contest Sponsor for Prizes after shipping. Winners bear all risk of loss or damages to any Prize after delivery. Contest Sponsor will bear the cost of delivery, but all other costs associated with the taking and use of the prize (including taxes, etc.) is the responsibility of the winners. Prizes must be accepted as awarded, cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsor, which reserves the right for any reason to award or substitute the Prize, or part thereof, of equal or greater value, including without limitation, a cash award.

Additional GENERAL Conditions of Participation:

11. By entering, entrants (i) acknowledge compliance with these Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Contest Sponsor and/or Contest judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest, without right of appeal, including without limitation eligibility, validity, contents, and/or disqualification of an entry. Entrants who have not complied with these Rules are subject to disqualification.

12. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of these activities may be disqualified and will forfeit any Prize won.

13. All entries become the property of the Contest Sponsor and will not be returned. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

14. If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

15. Entrants and/or winners assume liability for injuries caused by or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any Prize awarded, including but not limited to claims/damages for personal injury, or property damage. Moreover, as a condition of entering, entrants (or their parent or legal guardian if entrant is a minor) agree: (a) to release the Contest Sponsor and Contest Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any Prize , (b) that under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and entrant hereby waives all rights to claim for all such damages; (c) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statue prohibits such exclusion or limitation of liability.

16. The Contest Sponsor may, at its sole discretion and without liability, terminate the Contest in whole or in part, or modify or suspend the Contest at any time, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of the Contest Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Rules. The Contest Sponsor may do so, without notice, except as required by law. In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the Prize(s) will be conducted from among all eligible entries received prior to the time of termination. In no event will the number of Prizes awarded exceed the available number of Prizes as specified in these Rules.  In the event that any draws are stopped, interfered with or not conducted for any reason during the Contest Period, the Contest Sponsor reserves the right, in its sole discretion, to resume conducting draws as soon as reasonably possible after any interference or cessation of such draws, or at the end of the Contest Period.

17. The Contest Sponsor and the Contest Entities do not warrant that access to the Contest Website will be uninterrupted or error-free. The Contest Sponsor and the Contest Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any Prize or in any Prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or  (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.

18. Conflicts/Discrepancies: In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.

19. Governing Law: This Contest is subject to laws of Victoria, Australia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Victoria, Australia without regard to Victoria, conflicts of law principles. All entrants consent to the jurisdiction and venue of Victoria, Australia and any courts which have the jurisdiction to hear appeals from them.

20. Invalidity: The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

21. Data and Personal Information: The personal data and information collected are subject to personal data processing by Content Sponsor, in order to manage participation in the contest. The legal bases are contract (participation in the contest), consent (subscription to marketing communication emails), legitimate interest (compliance with the conditions of participation and management of complaints) and legal obligation (responses to requests from competent authorities). The personal data and information collected are essential for this processing and are intended for managing the Contest. The personal data and information relating to the Contest are kept in accordance with the applicable law.

By registering for SodaStream's marketing communication emails, participants understand and agree that the Contest Sponsor may use and disclose the information they have provided by entering it into a database for future promotional and marketing purposes, subject to any applicable privacy laws. The Contest Sponsor may send participants direct marketing communications regarding the Contest Sponsor's activities. Participants may unsubscribe from marketing communications at any time by using the unsubscribe link on each marketing communication or in accordance with the Contest Sponsor’s privacy policy.

Personal information may be collected, used or disclosed to SodaStream affiliates and third party service providers located outside the Australia. We will take appropriate steps to ensure that transfers of personal data comply with applicable law and are carefully managed to protect your privacy rights and interests and to ensure that transfers are limited to countries that are considered to provide an adequate level of legal protection or for which we can be assured that alternative arrangements are in place to protect your privacy rights.

For more information about how the Contest Sponsor manages your personal information and how to exercise your rights, see the Contest Sponsor’s General Terms and Conditions and Privacy Policy available at: (https://sodastream.com.au/pages/legal)

22. The Contest Sponsor, acting reasonable, reserves the right to modify these rules, cancel, suspend or discontinue this Contest on reasonable notice.

23. Special conditions

 The following special conditions apply depending on the usual place of residence of the entrant.

AUSTRALIA – NEW SOUTH WALES

These Special Terms apply where the entrant usual place of residence is in New South Wales. There is no monetary cost to enter the Contest or claim the Prize beyond any price paid to access the internet. Prize winners will not be deprived of their right to win the Prize merely as a result of any mistake by the Contest Sponsor in the production and handling of their entry, regardless of whether the Prize has already been claimed by another winner. The Contest Sponsor may substitute any of the Prizes if (a) the original Prize is not available due to unforeseen or other special circumstances; (b) the substituted Prize is similar to the original Prize; and (c) the substitute Prize is of equal or greater value than the original Prize. Reasonable inquiries will be made to locate the winner of the Prize after the draw, and a failure to locate the winner after such reasonable inquiries will result in the disposal of the Prize in accordance with applicable NSW law. The Contest Sponsor will carefully preserve the Prize until such disposal or until the winner has taken possession of it.

AUSTRALIA – QUEENSLAND

These Special Terms apply where the entrant usual place of residence is in Queensland. If the Contest contains one or more than one Prize(s), the Sponsor must draw the Prize with the highest value first, unless otherwise specified in these terms and conditions. The Sponsor will deliver the Prizes to the winners of the Contest within one month after the draw, unless the relevant Prize winner agrees in writing or is unable to be located, in which case the Prize will be held with the Contest Sponsor and distributed under applicable Queensland law.

AUSTRALIA – VICTORIA

These Special Terms apply where the entrant’s usual place of residence is in Victoria. If the total prize pool of the Contest is more than AUD$1,000, the Sponsor will publish the results of the Contest, including the names of the winner(s) for a minimum of twenty eight (28) days on the Sponsor website after the draw. Where the winner is readily identifiable, the Sponsor will pay or transfer the Prize (as relevant) to the winner within 28 days after the draw. The Contest Sponsor will keep and maintain for three (3) years after the finalisation of the Contest that include accurate: financial accounts of the Contest, accounts of all entries in the Contest and a report of the distribution of the prizes. The Contest Sponsor may substitute a winner of a Prize if (a) a winner of a Prize is not readily identifiable; (b) reasonable efforts have been made to identify the winner of the prize and were unsuccessful; and (c) an additional participant’s name is drawn, in which case the additional participant is substituted as the winner of the Prize. The Contest Sponsor may also substitute any of the Prizes by agreement with the winner and where the substituted Prize is of the same or greater value than the original Prize, or without agreement where the Prize has become unavailable in circumstances which are beyond the reasonable control of the Contest Sponsor, where reasonable attempts have been made to reach an agreement with the winner and were unsuccessful and where the substituted Prize is of the same or greater value than the original Prize.

AUSTRALIA – SOUTH AUSTRALIA

These Special Terms apply where entrant usual place of residence is in South Australia. The Contest Sponsor will keep and maintain all Prize-winning records of entry, the list of Prizes and their winners for at least 3 months after the draw. For Contests with a value of AUD $5,000 or more, the name and address of each winner will be provided to the South Australian Minister for Business, Services and Consumers within fourteen (14) days of the draw and you consent to the provision of your information in this circumstance. Unclaimed Prizes will be kept by the Contest Sponsor for up to one month after the Contest draw and then will be dealt with in accordance with the laws of South Australia.

AUSTRALIA – WESTERN AUSTRALIA

These Special Terms apply where the entrant’s usual place of residence is in Western Australia. The Contest draw must be conducted within one month after closure of the Contest Period. Once the Contest has commenced it may not be cancelled, nor may the terms and conditions of the Contest be amended without the prior written approval of the Gaming and Wagering Commission of Western Australia. Records relating to the Contest must be kept by the Contest Sponsor and made available to an authorized officer or member of the police force upon request. If practicable, members of the public will be given the opportunity to witness the prize draw.

AUSTRALIA – NORTHERN TERRITORY

These Special Terms apply where the entrant’s usual place of residence is in the Northern Territory. Prizes may be substituted in accordance with these terms and conditions and subject to the approval of the NT Director-General. The Contest Sponsor will keep records relating to the entries received, the allocation of prizes and the income and expenditure associated with the Contest in accordance with applicable NT law.