Terms & Conditions
Maximus Game On Promotion
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- The Promoter is Frucor Suntory Pty Ltd (ABN 73 060 091 536) of Level 2, 5 George Street, North Strathfield NSW Australia 2137, telephone: (02) 8762 0399.
- Entry is only open to Australian residents aged 18 years or over.
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family 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.
- Entries into the promotion open on 3rd August 2020 and close at 11:59pm AEDST on 31st October 2020 (“Promotional Period”).
- To be eligible to enter, individuals must, purchase any Maximus Game On Lime or Blackcurrant from a retail outlet in Australia that stocks Maximus products (“Qualifying Purchase”). Individuals must ensure they obtain a purchase receipt for their Qualifying Purchase.
- To enter, individuals must then during the Promotional Period visit www.winwithmaximus.com.au, follow the prompts to the promotion entry page, input the requested details (including their full name, email address, telephone number and the receipt number for the Qualifying Purchase) and upload a copy of their purchase receipt and submit the fully completed entry form during the Promotional Period.
- Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of two (2) entries per person per day is permitted. For the removal of doubt, if multiple products are purchased in a single transaction, one (1) entry form must be submitted per product purchased. For example, if an individual is to purchase three (3) Maximus Game On Lime or Blackcurrant products in a single transaction, they must submit three (3) separate entry forms (i.e. one (1) entry form for each product purchased).
- Entrants must retain their original OR a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, products purchased and that the purchase was made during the Promotional Period but prior to entry.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable entries will be deemed invalid.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- Upon submitting their entry in accordance with clause 7 above, entrants will be notified instantly on screen whether or not they are a provisional winner of an instant prize (subject to verification). Provisional instant winners will be given instructions on screen on how to claim their prize (including but not limited to sending a copy of the purchase receipt for the Qualifying Purchase to the Promoter for verification). All instant win prize claims must be received by 11:59pm AEDST 31st January 2021.
- Instant win prizes available to be won throughout the Promotional Period are as follows:
- 5,000 x 1 month Subscription - Xbox Game Pass Ultimate valued at RRP $15.95 AUD each
- A maximum of two (2) instant win prizes are permitted per person during the Promotional Period (excluding SA residents).
- The names of all instant prize winners will be published online at www.winwithmaximus.com.au from 19th November 2020.
- Any ancillary costs associated with use of the Xbox Game Passes are not included. Redemption of the Xbox Game Passes is subject to any terms and conditions of the issuer including those specified on the voucher. Any unused balance of the Xbox Game Passes will not be awarded as cash.
- Xbox Game Pass Ultimate: Redeem at microsoft.com/redeem & must be redeemed within 3month of issue of game pass. If you are already an Xbox Game Pass or Xbox Live Gold member, any days remaining in your membership(s) will be converted to Ultimate using a conversion ratio. All conversions to Ultimate are final. Maximum 36 months of Ultimate redeemed per account at a time. Game catalog varies over time. Learn more at xbox.com/gamepass.
- There will be one (1) draw conducted for the entries received each day of the Promotional Period, for a total of ninety (90) draws (each a “Daily Draw”). Entries into each Daily Draw will open at 12am and close at 11.59pm each day based on NSW local time. All draws will take place at 11am AEST/AEDST (as applicable) at GreenEagle Distribution and Fulfilment, Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212 on the first business day after entries close for that Daily Draw, with the first Daily Draw taking place on 4th August 2020 and the last Daily Draw taking place on 2nd November 2020. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in NSW. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draw(s). Winners will be notified in writing within two (2) business days of the relevant draw and their names will be published online www.winwithmaximus.com.au from the dates specified in the table below.
1 – 29 (August draws)
18th September 2020
30 – 59 (September draws)
19th October 2020
60 – 90 (October draws)
19th November 2020
- The first valid entry drawn in each Daily Draw will each win a Xbox Series X Console. Xbox Series X consoles will be fulfilled once the product launch has occurred in Australia. The stated prize pool value is the estimated recommended retail value (including GST) in Australia provided by the supplier and is correct at the time of printing. The Promoter accepts no responsibility for any variation in the value of the prize pool.
- A limit of one (1) Daily Draw prize is permitted per person during the Promotional Period (excluding SA residents).
- The Promoter’s decision is final and no correspondence will be entered into.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize at/by the time stipulated by the Promoter, then the prize will be forfeited.
- If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- The total prize pool value is AU $169,660.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
- A draw for any unclaimed or unwon prizes may take place on 1st February 2021 at GreenEagle Distribution and Fulfilment, Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212 at 11am AEDST, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw and their names will be published online at www.winwithmaximus.com.au from 8th February 2021.
- Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any unclaimed or unwon instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
- In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the 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.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) use of a prize.
NSW Permit No. LTPS/20/42627
ACT Permit No. TP20/00360
SA Permit No. T20/319