Terms and Conditions

Think Water Summer Splash

Information on how to enter

  1. Information on how to enter and on the prize forms part of these terms and conditions (“Terms and Conditions”). Submission of an entry is deemed acceptance of these Terms and Conditions.

Eligibility of entry

  1. Entry is only open to Australian and New Zealand residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter (as defined in paragraph 36), participating retailers and agencies associated with this Promotion are ineligible to enter.

How to enter

  1. To be eligible to enter, entrants must purchase, in a single transaction, and register the purchase, any goods and/or services from any participating Think Water stores in Australia between 01:00a.m. AEDT on 1 December 2019 and 17:00p.m. AEDT on 30 April 2020, or in New Zealand between 01:00a.m NZT on 1 December 2019 and 17:00p.m. NZT on 30 April 2020, as applicable (“Promotional Period“).
  1. Entrants with a purchase of:
    (a) up to AUD$500 (or NZD$500 if purchase is made in New Zealand) in a single transaction will receive 1 entry; or
    (b) AUD$501 to AUD$1,500 (or NZD$501 to NZD$1,500 if purchase is made in New Zealand) in a single transaction will receive 2 entries; or
    (c) above AUD$1,500 (or above NZD$1,500 if purchase is made in New Zealand) in a single transaction will receive 3 entries.
  1. To enter, entrants must, during the Promotional Period:
    (a) complete the official entry web form, input the requested details (including their full name, email address and phone number) and provide a completed entry form to a staff member in-store; and
    (b) either photograph or scan the receipt into the web form entry or retain receipts of all Think Water purchases during the Promotion Period for presentation if selected as the major prize winner.
  1. For the avoidance of doubt, entry to the Promotion is free.

Promotional period

  1. Entries close and must be received by 17:00p.m. AEDT or NZT (as applicable) on 30 April 2020. The draw will take place at 3/3990 Pacific Highway, Loganholme, QLD 4129, Australia on 8 May 2020 at midday AEDT and the winners will be notified on 8 May 2020

Verification and validation of entries and entrants

  1. The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age and address) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process (including but not limited to tampering by way of use of automated entry software or techniques designed to avoid the purchase of the Promoter’s goods or services). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  1. Incomplete, indecipherable or illegible entries and receipts will be deemed invalid. Any incorrect details submitted may render the corresponding entry invalid.
  1. 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.
  1. Multiple entries are permitted, provided that each entry must be submitted in accordance with these Terms and Conditions;

Retention of proof of purchase

  1. Entrants must either photograph or scan the receipt into the web form entry or retain their original 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 the invalidation of all of an entrant’s entries and forfeiture of any right to a prize.

Winner notification requirements

  1. The winner will be notified by email and phone on 8 May 2020, and their name will be published in-stores and on the Promoter’s:
    (a) website (https://www.thinkwater.com.au/) and will remain on that website for a minimum of twenty-eight (28) days; and
    (b) Facebook (https://www.facebook.com/ThinkWaterGroup/).
  1. The Promoter’s decision is final in relation to all matters in this Promotion and no correspondence will be entered into.

Determination of winner

  1. The first valid entry drawn, under independent supervision, by a computer process that produces verifiably random result, will be awarded one prize of the winner’s choice from one of the following options:
    (a) Sea-doo GTI 90 watercraft vehicle on registered trailer;
    (b) Can-Am Ryker 600cc vehicle; or
    (c) Can-Am Outlander 570PRO vehicle on registered trailer.
  1. Subject to the unclaimed prize draw clause, if for any reason whatsoever a prize winner does not take or redeem a prize or an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited by the prize winner.
  1. For the avoidance of doubt, the prize will be distributed after the Promotion.

Unclaimed prize draw

  1. If required, an unclaimed prize draw may take place on 8 August 2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified by email and phone, and their name will be published in-stores and on the Promoter’s:
    (c) website (https://www.thinkwater.com.au/) and will remain on that website for a minimum of twenty-eight (28) days; and
    (d) Facebook (https://www.facebook.com/ThinkWaterGroup/).

Prizes

  1. Total prize pool value is one prize of the winner’s choice from one of the following options valued up to AUD$15,000 (or valued up to NZD$15,000 if prize winner is located in New Zealand):
    (a) Sea-doo GTI 90 watercraft vehicle;
    (b) Can-Am Ryker 600cc vehicle; or
    (c) Can-Am Outlander 570PRO vehicle,
    including all compulsory registration costs (which may vary depending on the jurisdiction the prize winner is in).
  1. Additional insurance, additional options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion accommodate the winner’s colour preference subject to stock availability. The Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of collection of the prize. If the winner is, through any legal incapacity or otherwise, unable to register the prize in their own name, then such winner may assign the prize to another person (who consents to such assignment) with legal capacity for the purpose of registration thereof. The Promoter takes no responsibility for any such arrangements between the winner and the third party to whom the vehicle is assigned. It is a condition of entry that the winner provides the Promoter with certified copies of all required documentation before the vehicle is handed over to the winner. Winner will be informed of documentation required at time of notification of winning. The winner will be responsible for any expenses incurred in getting to and from their nearest authorised dealership to collect the prize, if required. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter at their discretion.
  1. If a prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with an alternative prize to the equal value and/or specification, unless to do so would be prohibited by law and subject to any written directions from the regulatory authority.
  1. Unless expressly stated within these Terms and Conditions regarding all prizes, all other expenses become the responsibility of the winner.

General

  1. If for any reason whatsoever beyond the reasonable control of the Promoter, the Promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) subject to any written directions from a regulatory authority, to cancel, suspend, modify, terminate or cancel the Promotion.
  1. The Promoter accepts no responsibility for any loss incurred in the event that the Event is cancelled for any reason beyond the control of the Promoter.
  1. The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
  1. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion, subject to any written directions from the relevant lottery department or regulator in Australia or New Zealand.
  1. Prizes or any unused portion of a prize, are not transferable or exchangeable and are not redeemable for cash unless otherwise specified.
  1. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  1. Any costs associated with accessing the Promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. 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.
  1. Printing and other quality control errors will not invalidate an otherwise valid prize claim.
  1. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.

Liability

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these Terms and Conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Promoter (including is officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, the following: (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 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 tax implications; (e) any variation in reward value to that stated in the these Terms and Conditions; (f) any tax liability incurred by a successful claimant or entrant and/or (g) a prize or use of a prize.

Privacy

  1. The Promoter collects personal information in order to conduct the Promotion and may for this purpose, disclose such information to third parties, including, but not limited to prize suppliers and for any purpose required under Australian or New Zealand lottery legislation or any other regulatory authority. Entry is conditional on providing this information. Unless otherwise advised, the Promoter may also use the information for promotional, marketing and publicity purpose. Entrants should direct any request to access, update or correct information to the Promoter. The Promoter’s privacy policy which can be accessed on the Promoter’s website (https://www.thinkwater.com.au/think-water-privacy-policy) contains information about how an entrant may access or correct personal information held about them or complain about a breach of Australian or New Zealand privacy principles (as applicable). All entries become the property of the Promoter.
  1. The Promoter is Think Water Pty Ltd of Unit 3, 3990 Pacific Highway, Loganholme QLD 4129, Australia. ABN 17125357440. Ph: +61 7 3209 9091.

NSW Permit No. LTPS/19/40404
ACT Permit No. ACT TP19/04739
SA Permit No. T19/2028