The Big Banana Peel Terms & Conditions (“Conditions of Entry”)

1.     The Promoter of Boost Juice Big Banana Peel Promotion 2023 (the “Promotion“) is Boost Juice Pty Ltd (ABN 11 092 165 681) of Level 8, M-City Office Building and Business District, 2107-2125 Dandenong Road, Clayton Victoria 3168 (“Boost Juice” or the “Promoter“).

2.     The Promotion is administered by TLC Marketing Worldwide Australia & NZ, (ABN 75 622 802 180) of Level 28, 161 Castlereagh Street, Sydney, New South Wales, 2000, (“TLC“).  All correspondence regarding this Promotion should be directed to this address. 

3.     Instructions on how to enter and mechanics of prize redemption form part of these Terms and Conditions.

4.     Participation in this Promotion is deemed acceptance of these Terms and Conditions (including the Schedule). The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of these Terms and Conditions generally.

CONDITIONS OF ENTRY

An Entrant must meet all of the following conditions of entry (“Entrant“):

5.     This Promotion is only open to Australian residents aged 14 years and over as at the time of entry, who remain Australian residents for the duration of the Promotional Period.

6.     Entrants aged less than 18 years must obtain the consent of their parent or legal guardian to enter the Promotion and provide personal information about themselves. By consenting to these entrants participating in the Promotion or by accepting any prize on behalf of them, the parent or legal guardian accepts these Terms and Conditions. Persons who are aged less than 14 years old are ineligible to enter and participate in the Promotion. All entries and attempted prize redemptions by or on behalf of persons who are aged less than 14 years old will be deemed invalid.

7.     Directors, officers, management and employees (and their immediate families) of the Promoter, its related bodies corporate or franchisees, Retail Zoo Holdings Pty Ltd, a prize supplier (i.e. Promotional Partner), TLC, suppliers, providers and agencies associated with this Promotion or who have influence over the allocation of rewards are ineligible to participate in this Promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption and fostering), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

8.     As a condition of entering this Promotion and in the event an Entrant is a Grand Prize or Major Prize winner, an Entrant consents to the Promoter and / or TLC using the Entrant’s name and locality in any media in Australia for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicizing or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter or TLC.

KEY DATES

9.     The Promotion is open for Qualifying Purchases (as defined in the ‘How to Enter’ section below) made between 12.01am AEDT on 23/10/2023 and close of business on 26/11/2023 (“Promotional Period”).

10. The redemption period opens at 12.01am AEST on 23/10/2023 and closes at 11.59pm AEDT on 24/12/2023 (“Redemption Period”).

HOW TO ENTER

11. Entrants must: 

Once the Entrant has made their Qualifying Purchase and successfully entered the details on the Promotional Website (“Qualified Claim”), they must retain the promotional card containing the unique code in case of prize verification. In the event a promotional card is not supplied at the time of the Qualifying Purchase, it is the Entrant’s responsibility to request one. For the avoidance of doubt, every Qualified Purchase is entitled to one promotional card / one entry. 

12. Entrants who make a Qualified Claim for each Instant Win Prize will also automatically receive one (1) entry to the Second Chance Draw (“Second Chance Draw Valid Entrants”), as outlined in section 25 below.

13. For each Qualified Claim and each corresponding entry to the Second Chance Draw, the Entrant must keep their promotional card that bears the Unique Game Card Code submitted at the time of claim or entry. The Promoter or TLC, in its sole discretion, may at any time after a claim or an entry has been submitted, require the original promotional card to be produced for verification before awarding any prize.

14. Participating Boost Juice Stores include franchised branches and are as listed at (place website link containing directory of participating stores here) (“Participating Boost Juice Stores”).

15. The Eligible Product may not be always available for sale in all Participating Boost Juice Stores during the Promotional Period. The Promoter accepts no responsibility for any Eligible Product being unavailable at a Participating Boost Juice Store during the Promotional Period.

16. Entries must be received during the Redemption Period and will be deemed to be received only when received by the Promoter. The Promoter is not liable for any problems with communications networks. Any cost associated with accessing the Promotional Website is the Entrant’s sole responsibility and is dependent on the internet service provider used by the Entrant.

17. The Promoter is not responsible if an Entrant’s mobile/desktop device is not sufficiently capable for the purpose of submitting an entry, including having the requisite browser capability.

18. Multiple entries are permitted, subject to the following:

19. The total prize pool is up to $94,873,185.00

HOW TO CLAIM AN “INSTANT WIN PRIZE”

20. The Instant Win Prize can come from the Grand, Major and Mass tier prize pool, as outlined in Schedule 1 below.

21. Instant Win Grand and Major Prizes will be randomly allocated throughout the Promotional Period in such a way as to ensure that approximately constant ratios of the different Instant Win Prize types (as outlined in Schedule 1 below) are given away throughout the Promotional Period.

22. Instant Win Mass Prizes will be randomly allocated throughout the Redemption Period in such a way as to ensure that approximately constant ratios of the different Instant Win Mass Prize types (as outlined in Schedule 1 below) are given away throughout the Redemption Period.

23. Entrants who perform the steps outlined in clause 11 above (“Qualified Claim”) will be notified via email confirming their prize details and how to redeem the Instant Win Prize.

24. All Instant Win Prizes are subject to the terms and conditions detailed in Schedule 1.

25. All winners of prizes valued at over $250 or above will have their first name initial, last name and postcode published on the Promotional Website (www.bigbananapeel.com.au) on or before 26/01/2024 for a period of at least 30 days.

26. If any prize over $250 remains unclaimed at the end of this Promotion, or if a prize winner cannot be found, that information will be published on the Promotional Website (www.bigbananapeel.com.au) on or before 25/03/2024

SECOND-CHANCE DRAW

27. If, for any reason there are Instant Prizes valued over $100 that have not been successfully claimed by an Entrant during the Redemption Period, TLC will carry out a Second Chance Draw at the date, time and place stated below to randomly distribute the prize/s in descending order of value amongst Second Chance Draw Valid Entrants (“Second Chance Draw”).

28. The Second Chance Draw will take place on 24/01/2024 at 11:00am AEDT at TLC, Level 28, 161 Castlereagh Street, Sydney NSW 2000 by a computerised draw system or selection. The winning Entrant does not need to be present at the draw to claim a prize and will be notified of the prize they have won.

29. For each Qualified Claim and each corresponding entry to the Second Chance Draw, the Entrant must keep their promotional card that bears the Unique Game Card Code submitted at the time of claim or entry. The Promoter or TLC, in its sole discretion, may at any time after a claim or an entry has been submitted, require the original promotional card to be produced for verification before awarding any prize.

30. One reserve winner will be drawn per prize and recorded (in order) in case an ineligible Entrant is drawn or if any Entrant drawn is unreachable or unable to accept or declines to participate in a prize within thirty (30) days of being notified by the methods including but not limited to phone call(s), email(s) or voice message(s) that they are a winner (if applicable). In that event, the prize will be awarded to the reserve winner and reserve winner/s will be notified of the prize they have won.

31. In the event a reserve winner is ineligible, unreachable, or unable to accept the prize or declines to participate, within thirty (30) days of being notified by the methods including but not limited to phone call(s), email(s) or voice message(s) that they are a winner (if applicable). In that event, the prize will be forfeited.

32. Should an Entrant’s contact details change during the Promotion, it is the Entrant’s responsibility to notify TLC on 1800 316 807 between the hours of 9:30am AEDT and 5:00pm AEST or email contact@bigbananapeel.com.au during the Promotional Period (inclusive) Monday to Sunday including Public Holidays. A request to access or modify any information provided in claim/entry should be directed to TLC.

33. The same Prize Redemption Procedure for Major Prizes and Grand Prizes as outlined in Schedule 1 applies to Second Chance Winners and Reserve winners.

34. All Second Chance Draw Winners including reserve winners will have their last name, first name initial and postcode published online at www.bigbananapeel.com.au on 25/03/2024 for a period of at least 30 days.

GENERAL TERMS & CONDITIONS

35. For each Qualified Claim, the Entrant must keep their promotional card for all entries as proof of purchase. Failure to provide the promotional card(s) 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.

36. The Promoter (including its directors, officers, employees and agents), TLC, its respective agents, Promotional Partners and distributors are not liable for lost, stolen or damaged prizes, and to the extent permitted by law do not make any contractual promise or representation regarding the quality of the prizes offered and cannot be held liable for any resulting personal loss or damage.  For the sake of clarity, this clause shall not apply where the Promoter (including its directors, officers, employees and agents), TLC, its respective agents, Promotional Partners and distributors have directly caused any loss or damage.

37. Prizes are subject to availability and are not transferable, exchangeable or redeemable for cash. If a prize is unavailable, for whatever reason, the Promoter or TLC reserve the right to substitute the prize for a prize of equal value and/or specification, subject to any written approval from the relevant regulatory authorities.

38. The Promoter is not responsible for any dispute between an Entrant and any person with whom they choose to, or choose not to, share a prize.

39. All Promotion advertisements depicting prizes, prize descriptions and/or trade mark references are illustrative rather than definitive and do not imply any association with the Promoter. 

40. Timeframes for delivery indicated in these Terms and Conditions may be affected by circumstances outside of the control of TLC and the Promoter, including, but not limited to strikes, fires, floods, earthquakes, other natural disasters, acts of terrorism, and blackouts. TLC and the Promoter will not be liable for delays caused by circumstances outside of their control.  Where possible, the Promoter or TLC will advise you of any such delay.  Unless otherwise specified, prizes will only be delivered to addresses in Australia.

41. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when reasonably specified or will be forfeited with no replacement. The prize values are in Australian dollars, are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter or TLC are not responsible for any change in prize value.

42. The terms of the prizes are as stated in these Terms and Conditions, and no other representations (written or oral) shall apply. Nothing in these terms affects any statutory rights an Entrant may have, including under the Australian Consumer Law.

43. In the event the Promotion is unable to proceed as set out in these Terms and Conditions, the Promoter reserves the right to vary these Terms and Conditions, subject to any written approval from the relevant regulatory authorities.

44. Printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid prize claim. Every Instant Win Prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions.

45. The Promoter is not responsible for any tax implications arising from an Entrant winning a prize. Entrants should seek independent financial advice. If for GST purposes this Promotion results in any supply being made for non-monetary consideration, Entrants must 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.

46. The Promotional Website may contain links to other websites (“Linked Sites”), including websites of Promotional Partners (“Promotional Partner Websites”). The Promoter is not responsible for the content of any Linked Sites, whether or not the Promoter is affiliated with the Linked Sites. The Promoter does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or postings from Entrants, the Promoter shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Entrants’ convenience only, and Entrants agree to access them at their own risk.

47. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted. Incomprehensible, indecipherable and incomplete entries may, at the Promoter’s and TLC’s discretion, be deemed invalid and not eligible for a prize.

48. Any additional or ancillary costs associated with redeeming the Prizes are not included. Those costs are the responsibility of the Entrant who redeems the Prize. Accessing any Promotional Partner Website and downloading, using or installing any Application is the Entrant’s responsibility and at the Entrant’s risk and steps required may vary depending on the internet service or telecommunications provider used.

49. Entrants must not:

50. The Promoter (including its directors, officers, employees and agents) and TLC reserve the right, at any time, to verify the validity of claims and the Entrant (including the Entrant’s identity, age and place of residence) and reserve the right, in their discretion, to disqualify any individual who they have reason to believe has breached any of these Terms and Conditions. If an Entrant entered using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, the Entrant may be disqualified. Errors and omissions may be accepted at the Promoter’s and TLC’s discretion. The Promoter’s and TLC’s legal rights to recover damages or other compensation in such circumstances are reserved.

51. Failure by the Promoter or TLC to enforce any of their rights at any stage does not constitute a waiver of those rights. The Promoter’s and TLC’s legal rights to recover damages or other compensation arising as a result of such conduct are reserved.

52. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

53. Except for any liability that cannot be excluded by law and subject to the previous paragraph, the Promoter (including its directors, officers, employees and agents), TLC and the Promotional Partners (including their respective officers, employees and agents) are not responsible for and exclude all liability (including for negligence) for any personal injury, death or harm suffered by the Entrant or other person who redeems the Prize (and the  Entrant or such person releases Promoter and TLC from any such liability) or any loss or damage (including loss of opportunity), whatsoever, whether direct, indirect, special or consequential, arising in connection with this Promotion, including:

For the sake of clarity, this clause shall not apply where the Promoter (including its directors, officers, employees and agents), TLC, its respective agents, Promotional Partners and distributors have directly caused any such personal injury, death or harm, loss or damage.

54. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason, including by outside act, agent or event that is beyond the reasonable control of the Promoter or TLC, including but not limited to technical difficulties, epidemic, pandemic, government directive, unauthorised intervention or fraud, the Promoter or TLC reserves the right, in their sole discretion, to the fullest extent permitted by law and subject to any direction by a relevant regulatory authority:

55. By entering, Entrants request that their full address not be published.

56. Personal information (“PI“) is being collected by TLC and the Promoter in order to conduct this Promotion and to contact an Entrant in relation to the Promotion. For this purpose, TLC and the Promoter may disclose PI to third parties, including but not limited to their employees, agents, contractors, service providers, suppliers and, as required under any applicable law, to regulatory authorities. Participation in aspects of the Promotion is conditional on an Entrant providing TLC and the Promoter this PI. TLC will use and handle personal information as set out in its Privacy Policy, which can be viewed at www.tlcmarketing.com/australasia/legals. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.boostjuice.com.au/privacy-policy/. The Promoter and TLC may disclose personal information to entities outside of Australia (for a list of countries, see the Promoter’s or TLC’s Privacy Policies). In addition to any use that may be outlined in the Promoter’s Privacy Policy. By entering, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging.  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. Each Privacy Policy also contains information about how an Entrant may opt-out, access, update or correct their PI, how they may complain about the treatment of their PI, and how those complaints will be dealt with. The Promoter may use this PI for:

57. If any dispute arises between an Entrant and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider the Entrant’s point of view, taking into account any facts or evidence they put forward, and to respond to it fairly within a reasonable time.  In all other respects, the Promoter’s decisions in respect of the Promotion are final and no correspondence will be entered into.

58. No compensation will be payable to any person if an Entrant is unable to submit a prize claim in the time and manner set out in these Terms and Conditions for whatever reason.

59. HELPLINE: For enquiries regarding this Promotion, customers may call the Promotional Helpline at +61 1800 316 807 between the hours of 9:30am and 5:00pm AEDT or email contact@bigbananapeel.com.au during the Promotional Period, from Monday to Friday, excluding Public Holidays. For general enquiries regarding Boost Juice, customers may contact Boost Juice at (boost@boostjuice.com.au) or call the Customer Service Team from Monday to Friday 9:30am and 5:00pm AEDT.

60. Calls to the Promotional Helpline from public telephones or mobiles may incur an additional charge. Calls may be recorded for the purposes of promotional security and/or training purposes.

61. Should an Entrant’s contact details change during the Promotion, it is the Entrant’s responsibility to notify TLC on +61 1800 316 807 between the hours of 9:30am and 5:00pm AEDT or email contact@bigbananapeel.com.au during the Promotional Period, from Monday to Friday, excluding Public Holidays. A request to access or modify any information provided in claim/entry should be directed to TLC.

62. This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter.  Entrants provide your information to the Promoter and not to any social media platform.  Entrants completely release any relevant social media platforms from any and all liability.

63. Authorised under: NSW TP/01246, ACT TP 23/01793 & SA T23/1358.

Schedule 1 – ADDITIONAL TERMS AND CONDITIONS FOR INSTANT WIN PRIZES

64. Instant Win prizes are as follows:

65. The value of each Instant Win Prize, the total number of possible Instant Win Prizes to be awarded for the promotion and the total maximum value of the Instant Win Prizes are in accordance with the table above.

66. The maximum number of Instant Win Prizes given away for this promotion is 3,000,000 and the maximum total value of the Instant Win Prizes in the Promotion is up to $97,980,790. The final number of prizes distributed by the Promoter or TLC will be the number of prizes claimed by the Entrants.

INSTANT WIN PRIZE REDEMPTION PROCEDURE

67. Mass Tier Instant Win Prizes

68. Grand / Major Tier Instant Win Prizes

All Instant Win Prizes

69. Entrants who are in the process of redeeming their instant prize may be redirected to the website of the relevant Promotional Partner (“Promotional Partner Website”) to submit the Reward Code (if relevant) for the relevant Instant Win Prize and all other details requested via the Promotional Partner Website, including but not limited to the Entrant’s name, email address, date of birth, postal address and contact number. Where applicable, Entrants must agree to the Promotional Partner’s Terms & Conditions for the relevant prize and satisfy themselves with the collection statements and privacy policies of any Promotional Partners, as the Promoter will not accept any responsibility for the collection, use and handling of personal information by Promotional Partners.

70. If a winner fails to redeem an Instant Win Prize in the manner required, as stated in these Terms and Conditions and in the reasonable opinion of the Promoter or TLC, the Instant Win Prize will be forfeited with no compensation payable.

71. It is the responsibility of the winning Entrant to use their prize by any specified expiry date. The prizes are issued with the understanding that they will not be extended or replaced. Any unused balance of the prize will not be awarded as cash. Redemption of the prize is subject to any terms and conditions of the issuer.

ADDITIONAL TERMS & CONDITIONS ATTACHED TO THE INSTANT WIN PRIZES

72.  MG4 Electric Car

73.  Holiday for Two

74.  $500 Towards Your Rent

75.  $1,000 Towards Education

76. Free Boost for a Year

77. Lenovo P11 Tablet

78. Sennheiser Momentum 4 Headphone

79. Secretlab TITAN Evo NEO™ Hybrid Leatherette Stealth Edition Chair

80. $100 Caltex Gift Card

81. $250 Travel Cash Voucher

82. $90 3 x Free 28-day 32GB Renewals with amaysim Mobile

83. $50 Menulog Voucher

84. $250 Platypus Voucher

85. $100 Lookfantastic Voucher

86. $100 Ticketek Voucher

87. Cinema for a Year

88.  $20 Netflix Gift Card

89. $20 High Sierra eVoucher

90.  1 Free Event Cinema Movie Voucher

91.  2 Free Event Cinema Movie Voucher

92.  $50 Thrill Experience Voucher

93.  $20 Thrill Experience Voucher

94. $20 Sennheiser Voucher

95. Readly 2 Months Subscription

96.  Scribd 1 Month Free Subscription

97.  Yogaia App 1 Month Free Subscription

98.  The Mindfulness App 3 Months Subscription

99. Annual Go Gamers Premium Membership

100. $25 Travel Cash Voucher

101. $50 Travel Cash Voucher

102. Snapfish Photobook Voucher

103. Boost Merch

104. $6 Original Boost

105. Free Boost Protein Ball

106. Free Original Boost