Aquamamma AquaBud ‘Win a PS5’ Promotion – Terms & Conditions
- This Promotion (the “Promotion”) is conducted by The Aquamamma Group (Australia) Pty Ltd (ABN 90 139 123 205) of PO BOX 1243, Double Bay, NSW 2028, Australia (the “Promoter”).
- This is a game of chance and skill plays no part in determining the winners.
- Entry to the Promotion constitutes acceptance of these Terms & Conditions.
- All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
- The Promotion is only open to “Eligible Entrants”. An Eligible Entrant is an individual who is a resident of Australia or New Zealand who has Parental or Guardian Consent or who is aged eighteen (18) years or older as at time of entry, excluding any:
- employee of the Promoter or any of its related corporations or any of their agencies, printers, suppliers, providers or participating retailers who are associated with the Promotion;
- spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and
- person who the Promoter has previously notified is not permitted to enter the Promoter’s competitions or promotions.
- Parental or Guardian Consent must be obtained by Eligible Entrants under the age of 18 prior to entering the Promotion.
- The Promotion commences at 3:00 PM Australian Eastern Daylight Time (AEDT) on 27 January 2022 and closes 3:00 PM AEDT on 24 February 2022 (“Promotional Period”).
- To be eligible to enter, Eligible Entrants must:a) During the Promotional Period visit the Aquabud website
- https://au.aquamamma.com/pages/aquabud (“Website”);
- navigate to the “Shop” available through the link on the top left hand corner of the homepage on desktop, or the menu on the top left hand corner of the mobile site;
- Select and follow all the necessary steps in order to complete a purchase of an Aquabud drink product with a minimum value of $27 AUD or $28 NZD including shipping, by entering a valid email address, phone number and payment details on checkout.
Each purchase of six (6) Aquabud Hydration cans per customer, per order will be deemed one (1) valid Entry (“Entry”). For the avoidance of doubt, a purchase of twelve (12) Aquabud Hydration cans per customer, per order, will be deemed two (2) Entries. A purchase of twenty four (24) Aquabud Hydration cans per customer, per order will be deemed four (4) Entries. There are no Entry volume limits.
- Incomplete entries will be deemed invalid.
- The Promoter reserves the right, at any time, to verify the validity of Entries and Eligible Entrants (including an entrant’s identity, age, place of residence or relationship to Aquamamma) 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. 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.
- Proof of identification, residency and entry considered suitable for verification is required at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof of identity or Parental or Guardian Consent when aged 18 years or under, that winner will forfeit their prize in whole and no substitute will be offered, subject to State Regulation.
- Any entry that is made on behalf of an Eligible Entrant by a third party, or otherwise by proxy, will be invalid.
There will be a total of eleven (11) Winners, including 1 PS5 Grand Prize Winner and ten (10) Aquabud Winners.
- 11 Winners and 5 Runners Up will be drawn electronically on Tuesday 1 March 2022 by a representative of the Promoter from all the valid entries received during the Promotional Period. The Promoter’s decision is final and no correspondence will be entered into.
- The Winners will be notified by the electronic mail (“Email”) on Thursday 3 March 2022.
- The Winners are required to respond by Friday 18 March 2022 with all required documentation including: full name, date of birth, postal address and proof of age/identity documents as well as any other required documentation by the Promoter.
- If all required information and documentation is not supplied within the determined period or a prize has not been claimed for any reason, Runners Up will be notified by Email on Monday 21 March 2022 in the order they were drawn.
- If all required information and documentation is not supplied by Runners Up by the 5th of April 2022 or a prize has not been claimed for any reason, a Second Chance Draw will take place of all Eligible Entries on Thursday 7 April 2022.
- Winners of the Second Chance Draw will be notified by Email on Friday 8 April 2022. The Second Chance Draw Winners will have until Monday 25 April 2022 to provide all required documentation including: full name, date of birth, postal address and proof of age/identity documents as well as any other required documentation by the Promoter.
- If all required information and documentation is not supplied within the determined periods or a prize has not been claimed for any reason the prizes will be forfeited.
- The Winners will be announced publicly at https://www.instagram.com/heyaquabud/ (“Aquabud Instagram Page”).
- The PS5 Grand Prize Winner as drawn will receive the following prize:
- 1 x Playstation 5 - RRP $749.95 AUD
- 1 x Aquabud Cooler Bag - RRP $20.00 AUD
- 1 x Aquabud 24-can Mixed Case - RRP $62.00 AUD
Total PS5 Grand Prize Winner Prize value: $831.95 AUD
2. The 10 Aquabud Winners as drawn will each receive the following prize:
- 1 x Aquabud Cooler Bag - RRP $20.00 AUD
- 1 x Aquabud 24-can Mixed Case - RRP $62.00 AUD
Total Aquabud Prize Winner Prize value: $82.00 AUD
- The total Prize Pool for this Promotion is valued at a maximum RRP of $1651.95 AUD.
- Prizes are not transferable or exchangeable and cannot be taken as cash.
- It is a condition of accepting a Prize that a Winner must comply with all the conditions of use of a Prize and any Prize supplier requirements.
- If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way or cannot be conducted in accordance with how the Promoter originally intended, due to reasons beyond the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, civil unrest, strikes, dangerous conditions, computer bugs or viruses, tampering, technical failures, or any technical issues with any third party platform, including a Social Network and mobile communication platforms), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, or invalidate any individual from participating in the Promotion.
- The Promoter assumes no responsibility for: (i) any technical issues that may arise in connection with the Promotion, including with any third party platform such as on Social Networks; (ii) any incorrect or incomplete information which may be communicated in the course of the administering this Promotion; (iii) any entry or Prize 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; (iv) any variation in Prize value to that stated in these conditions; (v) if the Promotion is cancelled, terminated, modified or suspended; and (vi) any tax liability incurred by a winner or Eligible Entrant. Individuals should obtain independent tax and financial advice. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
- To the full extent permitted by law, the Promoter, its associated companies and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Promotion or Prizes, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. It is a condition of accepting a Prize in the Aquamamma Aquabud “Win a PS5” Promotion that any Winner and their guests sign a participation agreement in a form determined by the Promoter.
- The Promoter reserves the right, at any stage, to verify the validity of Eligible Entrants (including name, age and place of residence) and disqualify any Eligible Entrant who does not participate in accordance with these conditions or tampers with the entry process. Errors or omissions will be accepted in the Promoter’s absolute discretion. Failure to enforce any rights of the Promoter at any stage does not constitute a waiver of those rights.
- In participating in the Promotion, the winning entrant agrees to participate and co-operate as required in all editorial and media/PR activities relating to the Competition, including but not limited to being interviewed and photographed. The Winners authorise the Promoter to use such footage and photographs together with the Winner’s name, voice, video entry, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation or further reference to the Winners.
- The Promotion is in no way sponsored, endorsed or administered by Facebook or Instagram. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
- The Promoter reserves the right to vary the terms of, or cancel, this Promotion at any time without liability to any entrant or other person, subject to applicable laws.
COCONUT BUY ONE, GET ONE FREE PROMOTION
This promotional offer is active for Australian and New Zealand Aquamamma and Aquabud customers between 16:00 AEDT 19 January 2022 and 16:00 AEDT 17 February 2022 (“Promotional Period”). Customers who, during the promotional period purchase a full-price Coconut flavour Aquamamma Hydration Can 12-can case from from https://au.aquamamma.com or https://nz.aquamamma.com (“Aquamamma Website”) will be entitled to one compliementary Coconut flavour Aquamamma Hydration Can 12-can case valued at AUD or NZD. Customers who purchase a 24-can case from the Aquamamma Website will be entitled to one complementary Coconut flavour Aquamamma Hydration Can 24-can case valued at AUD or NZD. There is a limit of three (3) complimentary 24-can cases per customer for the duration of the promotional period. Wholesale customers are not eligible for this offer. This offer may not be used in conjunction with any other discount or offer. This offer is limited to a total giveaway of 100 Coconut flavour Aquamamma Hydration Can 24-can cases for Australian residents and 25 Aquamamma Hydration Can 24-can cases for Australian residents. This promotion is a Free Gift with Purchase Promotion and all associated terms apply.
AQUABUD COOLER PROMOTION
This promotional offer is active for Australian and New Zealand Aquamamma and Aquabud customers between 16:00 AEDT 19 January 2022 and 16:00 AEDT 17 March 2022 (“Promotional Period”). Customers who, during the promotional period spend over $150 AUD on recommended retail price (“RRP”) product, or full-price product, from https://au.aquamamma.com or https://nz.aquamamma.com (“Aquamamma Website”) will be entitled to one (1) complimentary Aquabud Cooler Bag in either Colour or Mono colour variations. Aquabud Cooler Bag colour variations are assorted and selected at the discretion of the promoter. There is a limit of three (3) complementary Aquabud Cooler Bags per customer for the duration of the promotional period. Wholesale customers are not eligible for this offer. This offer may not be used in conjunction with any other discount or offer. This offer is limited to a total giveaway of 1000 Aquabud Cooler Bags for Australian residents and 30 Aquabud Cooler Bags for New Zealand residents. This promotion is a Free Gift with Purchase Promotion and all associated terms apply.
FREE GIFT WITH PURCHASE PROMOTIONS TERMS & CONDITIONS
FREE GIFT WITH PURCHASE PROMOTIONS
These terms and conditions (the Terms) apply to Free Gift with purchase Promotions available from time to time on https://au.aquamamma.com/(the Website)
- The Promoter
The Aquamamma Group LLC a company registered in Australia whose registered address is at PO BOX 1243. Double Bay. NSW 2028 Australia (Promoter).
- The Promotion
Spend the Qualifying Amount or Quantity as detailed in the promotion on the specified Aquamamma products and merchandise (Products) on the relevant Website and receive the free gifts with your purchase (the Promotion).
Please note that purchasing e-gift cards does not count as purchase of Products and will therefore not contribute towards the Qualifying Amount required to receive the Gift
- The Gift
4.1. The gift is as detailed in the promotional advertising.
4.2. The Gift is exclusive of delivery costs.
4.3. The Gift is subject to availability. There is no cash alternative for the Gift and the Promoter reserves the right to substitute the Gift with a gift of equal or greater value.
4.4 The Gift cannot be exchanged. For example, the Gift cannot be exchanged in the event the wrong flavour or colour is selected for the free Gift.
4.5 In the event that any Product(s) purchased as part of qualifying transaction are returned and the qualifying transaction would therefore fall below the Qualifying Amount, the customer will be required to return the Gift.
4.6. The Promoter is not responsible for any additional costs and/or expenses in relation to the Gift including (without limitation) travel costs, other than any specifically listed as part of the Gift above and for the specified periods of time (where applicable).
4.7 The Qualifying Amount is the amount after any discounts have been applied.
4.8. The participant shall not, while using the Gift, display or publicise any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).
4.9. For the Free Cooler Bag offer running from 19 January 2021, one of the Cooler Bag colour variants will be automatically added to your cart when you spend over the advertised threshold, there will be no choice in which colour you receive: Colour or Mono. The Coolers are not exchangeable.
- How do I participate in the Promotion?
5.1. To participate in the Promotion, participants must place an order on the Website during the timeframes set out in the promotional advertising (Promotion Period) for one or more of the Products. The amount that the participant spends on the Products must be equal to or more than the relevant Qualifying Amount.
5.2. Participants who make purchases outside the Promotion Period will not receive the Gift with their purchase.
5.3. As long as the participants purchase one or more of the Products and spend over the relevant Qualifying Amount, they do not need to order any other product on the Website in order to receive the Gift. However, certain delivery charges may apply in addition to the Products.
5.4. Participants may participate in the Promotion multiple times within the Promotion Period provided they purchase, on each occasion, Products at total value equal to or over the Qualifying Amount on one of the Websites.
5.5. The Promoter will not accept responsibility for orders that are lost, regardless of cause, including, for example as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
5.6. By participating in the Promotion, all participants will be deemed to have read, accepted and be bound by these Terms and any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
5.7. The Promoter accepts no responsibility for the ordered products and the Gift being lost or delayed in the post.
5.8. For help with participating in the Promotion, Customer Care should be contacted at firstname.lastname@example.org.
6.1. The promotion is only available to customers purchasing from Australia, on the https://au.aquamamma.com/ website.
(a) employees of the Promoter and its associated companies or group companies;
(b) anyone professionally associated with the Promotion;
(c) members of the immediate families or households of (a) and (b) above; or
(d) anyone who is purchasing the Product(s) at a discount, other than members of Aquamamma Au
(e) unless advertised, the promotion is not offered on existing or new subscriptions
6.2. The Promoter reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these Terms, relevant laws and/or regulations and/or third party rights.
- Limitation of Liability
7.1. The Promoter is not responsible for any damage or loss suffered by any participant where such damage or loss was not, at the time the entry into the Promotion was made, a reasonably foreseeable consequence of a breach of these Terms, or where the Promotion does not run as planned.
7.2. The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the participants of any such failure.
7.3. Nothing in these Terms shall operate to exclude the Promoter’s liability:
(a) for death or personal injury as a result of its negligence;
(b) for fraud; or
(c) further than is permitted by law.
- Data Protection and Publicity
9.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice.
9.2. The Promoter reserves the right to cancel or amend these Terms at any time without prior notice.
9.3. These Terms shall be governed by Australian law and the Australian Competition & Consumer Commission (ACCC).