Trade Promotion: Game of Chance Schedule to Conditions of Entry

Promotion Name Be Retro Cool Promotion
Promotion Type Consumer
Promoter Philmac Pty Ltd (ABN 17 007 873 047) of 47-59 Deeds Road, North Plympton, South Australia 5037.
Permit Numbers Authorised under the following permits:  NSW LTPS/18/29982.
Relevant State(s) New South Wales, Tasmania, Victoria, Queensland, Northern Territory, Western Australia and South Australia.
Participating Stores All participating Thinkwater stores in the Relevant States.
Participating Products Any PHILMAC branded products.
Entry Restrictions Entrants must be Australian residents of a Relevant State aged 18 years or older at the time of entering the promotion.
Promotion Period The Promotion starts at 7am ACDT on 01/02/2019 and closes at 6pm ACDT on 29/03/2019.  No entries will be accepted after this time.
Entry Procedure To enter, each entrant must, during the Promotion Period:

·         spend $50 or more on Participating Products in one transaction from a Participating Store (Qualifying Purchase);

·         go to (Website) and complete the online entry form by providing all information requested by the Promoter (including their name, date of birth, residential address, email address and telephone number, the location of the Participating Store at which they made their Qualifying Purchase and receipt number); and

·          hit “submit” to complete their entry.

Entrants must retain their original purchase receipt (Proof of Purchase) as the only acceptable proof of purchase for each Qualifying Purchase made during the Promotion Period.

Entries are deemed to be received at the time of receipt by the Promoter and not time of transmission by the entrant.

Maximum Number of Entries Multiple entries are permitted, subject to the following:

·         One entry per Qualifying Purchase made from a Participating Store – for clarity, multiple entries per transaction receipt are not permitted (for example, if an entrant purchases $150 of Philmac products in a single transaction during the Purchase Period, they will have made one Qualifying Purchase).

·         A maximum of four (4) entries are permitted per person per day.

·         One receipt is valid for one entry only. The same receipt cannot be used more than once and unrecognised receipts will be deemed invalid.

·         Each entry must be submitted separately and in accordance with the Entry Procedure and these Conditions of Entry.

Entrants (excluding South Australian residents) are restricted to winning one prize only.

Draw Details


Entries will be pooled according to the Participating Store at which the Qualifying Purchase was made (each an Entry Pool).  Five (5) winners per Entry Pool and one prize per winner only (excluding SA residents).

The breakdown of Participating Stores per state/territory is as follows:


State/territory No of Participating Stores
SA 1
NT 4
WA 7
Total 32


Time & Date: 10AM ACST on 12/04/2019.

Location: Philmac Pty Ltd 47-59 Deeds Road, North Plympton, South Australia 5037.

Draw Method: random electronic selection.

The first 5 complete, eligible entries drawn from each Entry Pool will each be declared a provisional prize winner.  The Promoter reserves the right to draw an additional four (4) reserve entries per Entry Pool and record them in order in case an invalid entry or ineligible entrant is drawn.  If an invalid entry or ineligible entrant is drawn, the relevant prize will be awarded to the first reserve entry drawn. This process will continue for each Entry Pool until a clear winner is determined.

Prize Details The prize is a Philmac/Thinkwater branded Retro Cooler, valued at up to $100 (RRP, including GST).
Total Prize Pool Up to $16,000 (RRP, including GST).
Notification, Verification & Delivery Winners will be notified by phone and email within two (2) business days of the draw.

Each provisional prize winner will receive an email confirming that they are a provisional winner and including instructions which they must follow in order to verify their entry and claim their prize.  Entrants and provisional winners may be required to:

a)         provide proof of identity, proof of age and proof of residency to verify their entry (Proof of Identity).  Identification considered suitable for verification is at the Promoter’s discretion; and

b)         send their Proof of Purchase (for all entries submitted during the Promotion Period) to the Promoter,

to verify that the relevant prize should be awarded.

If, in the opinion of the Promoter, Proof of Purchase has been shared between any entrants, those entrants’ entries may be deemed invalid and they will lose any right to a prize.

Entering under a false name/s may invalidate all entries.  Multiple entries under different names and or different emails from the same residential addresses may also invalidate all entries at the Promoter’s discretion, unless Proof of Identity and original Proof of Purchase (for all entries submitted during the Promotion Period) are produced on request.

If an entrant/provisional winner fails to provide Proof of Identity and/or Proof of Purchase by the time and date stipulated by the Promoter, their entry/prize claim will be deemed invalid at the Promoter’s discretion.

The Promoter’s decisions are final and no correspondence will be entered into.

If winners comply with these Terms and Conditions and the Promoter verifies and accepts the entry in accordance with these Terms and Conditions, the Promoter will deliver the prize (to the address provided by the entrant at the time of entry or via the notification and verification process) within 28 days of the prize being awarded.

The Promoter takes no responsibility for an incorrect address being provided when entering the promotion or during the notification and verification process, and (once dispatched), the Promoter is not liable for any prize that has been lost, stolen, damaged or tampered with in any way.

Publication Details Winners’ names will be published on the Website on 29/04/2019.
Prize Claim Date Prizes must be claimed by no later than 5pm ACST on 12/07/2019.
Unclaimed Prize Arrangements In the event of an unclaimed prize, an unclaimed prize draw will be conducted as follows:

Date & time: 10AM ACST on 15/07/2019.

Location: 47-59 Deeds Road, North Plympton, South Australia 5037.
Method: random electronic selection.

The winner(s) of the unclaimed prize draw will be notified by phone and email within two business days of the draw, and their name(s) published on the Website on 19/07/2019.

Trade Promotion: Game of Chance Conditions of Entry

1. These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of Entry. Participation in the Promotion constitutes acceptance of these Conditions of Entry.
2. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.

3. Entry to the Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions (if any).
4. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.

5. The Promotion will be conducted during the Promotion Period.
6. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
7. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted. Once submitted, entries may not be altered or deleted.
8. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable).
9. Entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.

Entry Content
10. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
11. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
12. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
13. An entrant’s entry must not include:
a. any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
14. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
15. By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.

Facebook promotions
16. If the Promotion is conducted via the Facebook Platform:
a. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
b. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook.
c. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
d.Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion.

Determining and notifying winners
17. The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.
18. Winners will be notified as specified in the Schedule and their name and State/Territory of residence will be published in accordance with the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of winners on their website(s) and in trade publications. By entering this Promotion, each entrant requests that his or her full address not be published.

Prizes & prize claim
19. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
20. Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.
21. If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State/Territory of residence published in accordance with the Unclaimed Prize Arrangements.

22. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
23. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
     a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter’s satisfaction;
     b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
     c. submits an entry which in the Promoter’s opinion is not in accordance with these Conditions of Entry;
     d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
     e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes where entrants share receipts or product labels to enter the Promotion or where entrants use multiple names or addresses to register multiple entries.|
24. Entrants must comply with the Verification Requirements. The Promoter may require entrants to provide these to the Promoter or its agent as part of the entry verification or prize claim process. Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared invalid).
25. All entries will be the property of the Promoter and will not be returned.
26. Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or any other form of compensation. The value of each prize is accurate as at the time of preparation of this material. The Promoter accepts no responsibility for any variation in the value of a prize after that date. If a prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the relevant authorities in the Relevant State(s), if required. If a winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the Prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.
27. If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.
28. If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material.
29. If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required.
30. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
31. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
32. Except as expressly set-out in these Conditions of Entry and otherwise to the maximum extent permitted by law, the Promoter provides the prize on an “as is” basis and excludes any and all warranties, representations, implied terms and/or liability for any direct costs, losses, damages or expenses of any nature whatsoever (Loss) and any claims, actions, or demands in relation to any of the foregoing howsoever caused or claims of the prize winner or any other person (including in negligence) arising in connection with the prize or these Conditions of Entry.
33. In respect of any liability of the Promoter which cannot be excluded, the Promoter limits its liability (to the maximum extent permitted by law):
     a. under any applicable consumer guarantees in the Australian Consumer Law in relation to the supply of the prize to either, at the Promoter’s discretion, the supply of the relevant prize again or the payment of the cost of having the prize supplied again; and
     b. for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of an applicable consumer guarantee (regardless of how that liability is caused), arising under these Conditions of Entry or related to any prize, to the lesser of the prize value or the minimum amount permitted by law.
34. The winner continuously indemnifies the Promoter, and its directors, employees, agents, suppliers, clients, and assigns (Indemnified Parties) for and against any Loss, damage, cost (including legal costs on a full indemnity basis), or claim (including third party claims and claims in negligence) suffered or incurred by the Indemnified Parties and arising from or in connection with the winner’s: (a) breach of these Conditions of Entry or any relevant law; (b) negligent act or omission; or (c) action or omission causing personal injury or death.
35. The Promoter will not be liable for any consequential, collateral, special, incidental, indirect, exemplary or punitive damages, including, without limitation, loss of profits or revenue, loss of opportunity or loss or destruction of data, costs of cover, costs of delay, however caused and based on any theory of liability, for any claims or causes of action arising out of or related to these Conditions of Entry or the Prize.
36. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
37. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
38. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
39. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants’ personal information to companies and agencies connected with this Promotion and to relevant authorities in the Relevant States, and the winner’s name and State/Territory of residence may be published in accordance with these Conditions of Entry and as required under relevant legislation. The Promoter’s privacy policy is available on the Promoter’s website