TERMS & CONDITIONS

“LAVAZZA ESPRESSO MARTINI COCKTAIL SET GIFT WITH PURCHASE” PROMOTION

TERMS AND CONDITIONS

1. Instructions and information on how to claim and the gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer. 

2. Claims are only open to Australian residents aged 18 years or over.

3. Employees (and their immediate families) of the Promoter, Participating Stores (as defined below), and agencies associated with this promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 

4. Promotion commences for purchases on 26/11/2019 for The Good Guys online store only and on 27/11/2019 for all other Participating Stores, and ends for purchases at 11:59pm AEDT on 28/01/2020, or once seven hundred and fifty (750) valid claims have been received (or one hundred and twenty-five (125) for SA residents), whichever is first to occur (“Purchase Period”). Promotion commences for claims on 26/11/2019 for purchases made at The Good Guys online store only and on 27/11/2019 for all other Participating Stores, and ends for claims at 11:59pm AEDT on 04/02/2020, or once seven hundred and fifty (750) valid claims have been received (or one hundred and twenty-five (125) for SA residents), whichever is first to occur (“Claim Period”). After this time, no further claims will be accepted. 

5. To be eligible to claim, individuals must purchase one (1) of the following Lavazza products from a Participating Store during the Purchase Period (“Qualifying Purchase”): 

  • Lavazza Deséa A Modo Mio Coffee Machine (RRP $299.00)
  • Lavazza Jolie&Milk A Modo Mio Coffee Machine (RRP $199.00) 
  • Lavazza Jolie Plus A Modo Mio Coffee Machine (RRP $119.00)

A participating store is any Harvey Norman, The Good Guys, JB HiFi or Betta Electrical store in Australia (including each of their relevant Australian online stores) or the Promoter’s online store store.amodomio.com.au (each a “Participating Store”). 

6. To claim, individuals must then visit www.lavazzapromo.com.au, follow the prompts to the promotion claim page, input the requested details (including their full name, mailing address, telephone number, email address, model number, serial number, the date the Qualifying Purchase was made, and the name of the Participating Store where the Qualifying Purchase was made) upload a copy of the purchase receipt for the Qualifying Purchase and submit the fully completed claim form so it is received during the Claim Period. 

7. The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’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 claim 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. 

8. Incomplete or indecipherable claims will be deemed invalid

9. Only one (1) claim per person is permitted.

10. Offer is strictly limited to the first seven hundred and fifty (750) claims received. For SA residents, the offer is strictly limited to the first one hundred and twenty-five (125) valid claims received. Once one hundred and twenty-five (125) valid claims from SA residents has been received, SA residents will no longer be eligible to claim. 

11. Claimants must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of a claimant’s claim and forfeiture of any right to a reward. Purchase receipt must clearly specify the store of purchase and that the purchase was made during the Purchase Period but prior to claiming. 

12. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant. 

13. The Promoter’s decision is final, and no correspondence will be entered into.

14. The first seven hundred and fifty (750) valid claims received will each be awarded the gift of an Espresso Martini Cocktail kit valued at $40. For SA residents, there are strictly one hundred and twenty-five (125) gifts available to be claimed. 

15. Successful claimants will be notified by email.

16. Gifts, or any unused portion of a gift, are not transferable or exchangeable and cannot be taken as cash.

17. If for any reason a claimant does not take / redeem a gift at / by the time stipulated by the Promoter, then the gift will be forfeited. 

18. If any reward gift is unavailable, the Promoter, in its discretion, reserves the right to substitute the gift with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority. 

19. Total value of gifts available to be claimed is $30,000. Total value of gifts available to be claimed in SA is $5,000. 

20. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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. 

21. 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 claimant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 

22. Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows a claimant to automatically claim repeatedly is prohibited and will render all claims submitted by that claimant invalid. 

23. 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 offer.  

24. 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 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 gift value to that stated in these Terms and Conditions;

(e) any tax liability incurred by a claimant; or

(f) taking and/or use of a gift. 

25. 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.lavazza.com.au/en_AU/about-us/company/privacy-policy.html. 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 claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants 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. The Promoter will not disclose claimant’s PI to any entity outside of Australia. 

26. The Promoter is Lavazza Australia Pty Ltd (ABN 94 605 275 107) of 117 Church Street, Hawthorn VIC 3122. SA Permit No. T19/1854