Pepsi Max Meals promotion Terms & Conditions

TERMS AND CONDITIONS SCHEDULE

Promotion:Pepsi Meals Snackback Promotion

Permit number(s):Authorised under NSW Authority No. TP/ 02824, ACT Permit No. TP23/ 01490, SA Licence No. T23/ 1124.

Promoter:PepsiCo Beverage Singapore Pty Ltd (ABN 28 609 497 832), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.

Entry Restrictions:Entry to the Promotion is open to Australian residents, aged 18 years and over who fulfil the entry requirements.

Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies associated with this Promotion are ineligible to enter. “Immediate families” includes a spouse, ex-spouse, de-facto spouse, parent, step-parent, child or step-child (whether natural or adopted), sibling or step-sibling (whether natural or adopted), grandparent, aunt, uncle, niece, nephew or cousin, whether or not they live in the same household as the director, manager, employee, officer or contractor.

Promotion Period: Starts at 12:01am AEST on 24/08/2023. Ends at 11:59pm AEDT on 09/01/2024.

Entry Mechanic:

To participate, individuals must during the Promotion Period:

Either:

Purchase an Eligible Product (defined below) during the Promotional Period from any retailer nationally; or
Obtain an activation flyer with a unique code included in select UberEats and Menulog orders nationally during the Promotion Period; and

Download the Snackback app (“the App”) if not done so already. The App is available to download for free from the App Store and Google Play;
Register for a Snackback account on the App if not done so already by following the prompts and inputting the requested details (including but not limited to full name, a valid email address and date of birth), setting a password and agreeing to the terms of use and privacy policy as indicated.
Once registered and logged in, click on the Pepsi Max ‘Spin to Win’ tab within the App, input their purchase details including where they made their purchase of a Pepsi Max, and upload their receipt when prompted, OR input their unique code from the activation flyer. For clarity, entrants will be able to go straight to the Pepsi Max ‘Spin to Win’ Tab within the App once registered. Entrants will only have to register once;
Submit the fully completed entry form via the App; and then
Play the Pepsi Max ‘Spin to Win’ game by spinning the virtual wheel as prompted on the App.

Each valid entry will be eligible to play the Pepsi Max ‘Spin to Win’ Game by spinning a wheel to reveal whether or not they are a provisional winner of an Instant Prize (“ Instant Prize”).

Entrants must retain a copy of their purchase receipt as proof of purchase or activation flyer with the unique code for all entries. Failure to produce the proof of purchase or activation flyer with the unique code 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 and that the purchase was made during the Promotion Period but prior to entry.

Maximum Number of Entries: Multiple entries are permitted, subject to the following: (a) only one (1) entry is permitted per Pepsi Max Product/Pack purchased or only one (1) entry is permitted per unique code from the activation flyer; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of three (3) entries are permitted per person per day. Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own name.

Eligible Products: The following Pepsi Max products are Eligible Products: Pepsi Max 375mL can, Pepsi Max 440mL can, Pepsi Max 600mL bottle, Pepsi Max 1.25L bottle, Pepsi Max 2L bottle, Pepsi Max 275mL x 6 pack, Pepsi Max 375mL x 10 pack, Pepsi Max 375mL x 24 pack, Pepsi Max 375mL x 30 pack, Pepsi Max 450mL x 12 pack, Pepsi Max 300mL x 4 pack, Pepsi Max Vanilla 375mL can, Pepsi Max Vanilla 600mL bottle, Pepsi Max Vanilla 1.25L bottle, Pepsi Max Vanilla 375mL x 10 pack, Pepsi Max Creaming Soda 375mL can, Pepsi Max Creaming Soda 440mL can, Pepsi Max Creaming Soda 600mL bottle, Pepsi Max Creaming Soda 1.25L bottle, Pepsi Max Creaming Soda 375mL x 10 pack.

Instant Prizes: Instant Prizes are available to be won randomly by way of a computerized system throughout the Promotional Period.Prizes available to be won at predetermined times every hour during the Promotional Period include:

PRIZE	RRP	QTY	Total RRP
Digital Prepaid Mastercard®	$5	2,600	$13,000
	$20	400	$8,000
	$100	50	$5,000
	$250	25	$6,250
Webjet Gift Card	$250	10	$2,500
Webjet Gift Card	$500	10	$5,000
Ticketmaster Gift Card	$100	10	$1,000
Ticketmaster Gift Card	$250	10	$2,500
Uber Voucher	$50	50	$2,500
	$75	30	$2,250
	$100	30	$3,000
The Iconic Gift Card	$50	50	$2,500
	$75	30	$2,250
	$100	30	$3,000
Total prizes		3,335	$58,750

Any ancillary costs associated with redeeming a Gift Card/eGift Card/Voucher are not included. Any unused balance of a Gift Card/eGift Card/Voucher will not be awarded as cash. Redemption of a Gift Card/eGift Card/Voucher is subject to any terms and conditions of the issuer including those specified on the Gift Card/eGift Card/Voucher.

The Webjet Gift Card is subject to terms and conditions of use - see www.webjet.com.au/standalone/gift-card-terms/

The Ticketmaster Gift Card is subject to terms and conditions of use - see https://www.ticketmaster.com.au/h/giftcards_tc.html

The Iconic Gift Card is subject to terms and conditions of use - see https://www.theiconic.com.au/terms-of-use/

Any ancillary costs associated with redeeming an Uber Voucher are not included. Any unused balance of an Uber Voucher will not be awarded as cash or credits. Redemption of an Uber Voucher is subject to any terms and conditions of the issuer. To redeem an Uber Voucher, the Uber Voucher code must be applied to the Wallet section of the Uber App or Uber Eats App (as applicable) prior to requesting a service. If you are eligible to receive multiple Uber Vouchers, your first voucher must be used before the second voucher can be loaded to your Uber account; and so forth.Uber Voucher(s) are valid from the issue date and expire six (6) months from date of issue. Vouchers are not transferable / exchangeable / redeemable for cash. Taxes, fees, and tips will be covered provided that the value of the Uber Voucher is greater than the total order amount. Vouchers are only redeemable for rides or orders placed via the Uber or Uber Eats app within Australian cities where Uber or Uber Eats is available (as applicable). Once redeemed, the value of an Uber Voucher is not transferable to any other Uber or Uber Eats accounts. Neither Uber Pacific Pty Ltd (or its affiliates) nor Promoter are liable if a voucher or any portion of it is not used by the expiry date. Issues involving redemption and/or use of the Uber Voucher code should be directed to the Promoter. If your postcode is deemed to be outside an Uber service area, you will instead receive a Vault Pays-enabled Prepaid Mastercard® to the equivalent.

The Digital Prepaid Mastercard® is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard. T&Cs apply. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated. Redemption of the Digital Prepaid Mastercard is subject to the standard terms and conditions, which can be found at https://thecardnetwork.com.au/pages/terms-conditions. Any ancillary costs associated with redeeming a Digital Prepaid Mastercard are not included. Any unused balance of a Digital Prepaid Mastercard will not be awarded as cash. Redemption of a Digital Prepaid Mastercard is subject to any terms and conditions of the issuer including those specified on the Digital Prepaid Mastercard.

The names of any ACT resident of an Instant Prize valued at over $100, or any SA resident of an Instant Prize valued at over $250 will be published in the App on 12/01/2024.

Winners of an Instant Prize will be deemed provisional winners until verified by the Promoter.

Total Number of Prizes:Three thousand three hundred and thirty-five (3,335).

Total Prize Pool:$58,750.

Notification of Winner(s): Instant Prize winners will be notified instantly on screen that they are a provisional winner.

Prize Delivery: Instant Prizes will be sent via SMS to the winner’s mobile phone number as provided in their entry.

Unclaimed Prize Draw : A draw for any Instant Prizes that have been won but remain unclaimed may take place at Pilgrim Communications 51A, 23 Norton Street, Leichhardt NSW 2040 at 10am AEDT on 09/02/2024, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw and any winners that are an ACT resident who has won an Instant Prize valued at over $100, or an SA resident who has won an Instant Prize valued at over $250 will have their names published in the app from 12/02/2024.

TERMS OF ENTRY

These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.

Entry

By entering the Promotion, entrants accept these Terms of Entry. Information on how to enter and the prizes form part of these Terms of Entry.
Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
Entrants may submit up to the Maximum Number of Entries. Entries must be received by the Promoter during the Promotion Period.
The Promoter accepts no responsibility 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 communications networks or services, the Internet, or computer or telephone 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) costs incurred.
Any form of automated entry using any device or software is prohibited and will render an entry invalid.
Instant Prizes Each entrant that follows the Entry Mechanic will be notified instantly on screen whether they are a provisional winner, and if so details how to verify their entry and claim their prize.
The Promoter’s decision is final and no correspondence will be entered into.
The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these Terms of Entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages and other compensation are reserved.
All entries become the property of the Promoter and cannot be returned.
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.
Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid and not eligible to win a prize.
If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.

Prize(s)

The winner(s) will be notified in accordance with the Notification of Winner(s).
The winner(s) will be announced in accordance with the Winner(s) Publication.
The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Draw.
20. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter may require the winners to verify their entry and provide proof of purchase and/or activation flyer with the unique code (as applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion. If there is a dispute as to the identity of a winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the winner.
The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
No Prize is transferable or exchangeable, nor can it be redeemed for cash, unless otherwise specified. In the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the Prize value specified for that Prize in the Schedule).

General

The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
Any cost associated with accessing the App is the entrant’s responsibility and is dependent on the Internet service provider used.
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. Online instant win game materials are void if stolen, forged, mutilated or tampered with in any way.
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.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, 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 any written directions from a relevant regulatory authority.
Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
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.
The Promoter collects personal information ("PI") in order to conduct the promotion 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 https://www.pepsico.com.au/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 the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia.
Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia