PENTAVITE “AUSTRALIAN OPEN 2023 BOUNCE TO WIN” PROMOTION

TERMS AND CONDITIONS

Participation

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. By participating in the Promotion, individuals will be deemed to be bound by and have accepted these Terms and Conditions. These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.

2. The Promoter is Pentavite Pty Ltd (ABN 49 615 761 192) of 74-86 Garden Road, Clayton VIC 3168.

3. Entry is open to ALL attendees of the Australian Open Tennis Tournament 2023.

4. Employees (and their immediate families) of the Promoter, Tennis Australia 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.

How To Enter

5. The Promotion will be conducted at the Australian Open Tennis Tournament 2023 from 8:30am AEDT on 14 January 2023 until 8:00PM AEDT on 29 January 2023 (“Promotional Period”). Entries will be open each day during the Promotional Period as follows:
• 14 January 2023: between the hours of 8:30am to 4:30pm (AEDT)
• 16 January 2023 – 26 January 2023: between the hours of 10:00am to 8:00pm (AEDT)
• 27 January 2023 – 29 January 2023: between the hours of 12:00pm to 8:00pm (AEDT)

6. To participate in the promotion, individuals must:
a. visit the Pentavite Melbourne Park Activation at the Australian Open Tennis Tournament 2023;
b. provide their name and email address to the activation staff member; and
c. on the device provided by the activation staff, play the Bounce To Win AR Game, which awards points based on speed and skill of the player.

7. There are two (2) components to this promotion: (a) the instant win; and (b) the major prize win for the highest score.

Instant Win

8. An eligible entrant who participates in the promotion will have the chance to win an instant prize. Each winner will be subject to eligibility and entry requirements as notified by the promotional staff.

9. The following prizes will be available to be won instantly, based on the points awarded from the Bounce To Win AR Game: 


Points Prize
10 – 2,000 points 2,500 x Pentavite Animal Face Mask, valued at $1.98
2,001 – 5,000 points 1,000 x Must Be A Pentavite Kid Tote, valued at $8.18
5,001 + points 500 x Must Be A Pentavite Kid Picnic Blanket, valued at $14.87
10 – 5,001 + points 5,000 x Pentavite Colouring Books, valued at $1.00

To be awarded to any eligible entrants who participate in the promotion once the above allocation of prizing has been exhausted.

Above points are subjected to change on a daily basis at Australian Open Pentavite activation.

Prizes are subject to availability and until the allocation of prizing has been exhausted.

10. Total instant win prize pool value is $25,565.

11. Once a winner completes the Bounce To Win AR Game, promotional staff will immediately notify the winner that they have won and what prize they have won. Winner is required to confirm acceptance immediately upon notification by promotional staff. Failure to do this will result in the prize being forfeited and the Promoter may at its absolute discretion select another winner (who will be the next valid entrant to complete the Bounce To Win AR Game). The decision of the Promoter is final and no correspondence will be entered into.

12. Winners will be required to provide their name and email address in order to accept a prize. Prizes will be awarded on the spot if feasible or mailed to the winner’s nominated Australian address.

13. If any 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 a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

14. Any prize/s that remain during the Promotional Period will be randomly awarded to individual/s who complete the Bounce To Win AR Game.

Major Prize For Highest Score

15. The entrant with the highest final score in the Bounce To Win AR Game between 16 January 2023 and 19 January 2023 (inclusive) will win:
a. Four (4) ground passes to attend the 2023 Australian Open on 28 January 2023; and
b. A 30-minutes behind-the-scenes experience, including a tour of the Rod Laver Arena locker room walk.

16. The winner determination will take place at Dig Agency of Level 1, 90 York Street, South Melbourne VIC 3205 on 19 January 2023 at 3:00PM AEDT. The winner will be notified by email and will be published at bouncetowin.com.au on 19 January 2023.

17. In the event of a tie between any of the highest winning scores, the winners will be required to provide their answer in 25 words or less to, “What your tennis player nickname would be and why?”. The winner of the tie break will then be determined by the judges based on the literary and creative merit of the answer provided to the tie break question.

18. If for any reason the winner does not take the prize (or element of the prize) before 5:00PM AEDT on 20 January 2023, then the prize (or that element of the prize) will go to the next entrant with the highest winning score.

General

19. Multiple entries permitted, subject to each entry being submitted separately and in accordance with entry requirements.

20. Incomplete entries will be deemed invalid.

21. 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.

22. If for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

23. Prizes, or any unused portion of a prize, are not transferable and cannot be taken as cash, unless otherwise specified.

24. Winners and/or guests agree to participate in related publicity accompanying or resulting from the Promotion without further remuneration. This may include but is not limited to photographs taken which may be used for publicity purposes. By participating in the Promotion, winners and their guests grant the Promoter the absolute and irrevocable right and permission to use, publish, publicly display, perform, transmit, exhibit and reproduce their name, statements, video, voice, recordings, interviews, photographs or other visual or audible representations or likeness, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs or images in any medium (whether now known or hereafter invented) including, but not limited to the internet and other electronic and social media and for any and all purposes, publicity, promotion, packaging and trade throughout the world without restriction as to manner, frequency or duration of use or any other purpose whatsoever in connection with this Promotion or in connection with the marketing of the products of the Promoter, or otherwise. Winners and guests further agree that all materials produced pursuant to the rights set out above shall and will remain the property of the Promoter.

25. Sale, transfer or exchange of any part of a prize is strictly prohibited. Any attempt to sell, transfer or exchange any part of a prize will result in the prize being withdrawn by the Promoter and the prize will be declared null and void.

26. The Promoter will not be held responsible for the prize winners and/or guests not taking advantage of the prize due to health or any other reason.

27. The prize must be taken by the winner in person unless otherwise agreed in writing by the Promoter.

28. Nothing in these Terms and Conditions limit, exclude or modify 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 Victoria (“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.

29. 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 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) if the appearance of any or all of the athletes, or if the Australian Open 2023 event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) a prize.

30. 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.

31. 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. The Promoter will use all reasonable endeavours to minimise the effect to participants to avoid undue disappointment.

32. This Promotion is run by the Promoter with the permission of Tennis Australia. Accordingly, the Promoter is responsible for the operation of and all matters and concerns relating to the promotion, not Tennis Australia or any other persons involved in the staging of Australian Open 2023, all of whom shall not be responsible for or liable to entrants in any way whatsoever in connection with this Promotion, to the maximum extent permitted by law.

33. Any question concerning the legal interpretation of the rules will be based on Victorian law and the Courts of Victoria will have exclusive jurisdiction.