V x AFL Guernsey BP Promo Australia
Terms and Conditions

PARTIALLY COMPLIANT

“T&Cs apply, see https://v-energy-drink.com/bpguernseyfootypromo. Open to AU res 18+. Ends: 11:59pm AEST 28/6/26. Max 1 entry p/transaction & 1 entry p/day. Max 1 prize p/person (excl. SA). Retain receipt/s. NSW Authority: TP/04004. Permits: ACT TP26/00602, SA T26/456.”

IMPORTANT NOTE: The above abridged Terms and Conditions are only partially compliant with national trade lottery promotion advertising requirements. To be compliant in all States and Territories, details of all draws, winner publication and prizes, as well as the Promoter’s contact information should also be included. However, we understand that inclusion of these full additional details on small pieces where space is at a premium and limited, can be difficult if not impossible in practice. In this respect, in our view, the risks associated with failing to include these details are low. We also note that it is our experience that the lottery departments enforce their regulations less heavily for digital advertisements than they do for print advertisements, where the digital ads link to the competition webpage containing the full Terms and Conditions. Also, entrants must enter via the competition webpage. The risk of proceeding with these partially compliant abridged terms for digital pieces are also low, assuming of course that the advertisements click through to the full conditions. If, however, you wish to proceed with full compliance, please contact us and we can advise accordingly.

PLEASE NOTE:

  1. Any changes made to the Terms and Conditions may affect the information to be included in the details above.
  2. The above abridged Terms and Conditions may be shortened further if any of the above details are present in the copy of the collateral. We also assume that appropriate details on how to enter will be included in the artwork, however, please contact us if this is not the case.
  3. The provision of the above abridged Terms and Conditions does not equate to legal approval of any advertising material that contains the above details. We strongly recommend that any advertising material be forwarded to our office for legal approval prior to proceeding to print/recording/publication.
  4. Please ensure you adopt one of the following approaches in relation to collection of personal information:
    1. Include a fully compliant collection statement immediately underneath the entry submission button for the online entry form: "Your info is used to conduct this promotion and may be disclosed to service providers and authorities as required. We may also use your info for our own marketing purposes and as set out in the Terms & Conditions. If the info is not provided you cannot enter. Our Privacy Policy contains details on how info is used, how you may access/correct info held and our privacy complaints process. Your info may be disclosed overseas." (the words 'Privacy Policy' must be a link to the Promoter's Privacy Policy, the words 'Terms and Conditions' must be a link to the full Terms and Conditions for the promotion). If you choose this option, it is not necessary to also include a tick-box for entrants to select agreeing to the Promoter's Privacy Policy; or
    2. Include the following linked tick box on the online entry form ☐ I have read the Terms and Conditions & Privacy Policy", ensuring that the box is unchecked. The words "Terms and Conditions" must be a link to the full Terms and Conditions for the promotion, and the words "Privacy Policy" must be a link to the Promoter's Privacy Policy since the Promoter is collecting the information. There are specific requirements under the Australian Privacy Principles (and the Privacy Act) when collecting information and it is our view that the inclusion of this mandatory tick box on the online entry form will be sufficient to meet these requirements provided the privacy policy is available by click-through. We are also aware that most promoters take this approach.
  1. The above abridged Terms and Conditions are only partially compliant with the relevant trade promotion lottery print advertising requirements. Specifically, the above abridged Terms and Conditions are compliant with the advertising requirements of all States/Territories except Victoria and South Australia. To be compliant in these two States, details of all draws, winner publication and prizes, as well as the Promoter’s contact information, should also be included.
  2. However, we have received verbal advice from the Victorian and South Australian lottery departments to the effect that if the full Terms and Conditions are “nearby” the particular piece of ancillary advertising, and at a bare minimum if the permit numbers, closing date and reference as to where the full Terms and Conditions can be found are on the particular piece of ancillary advertising (as well as any other significant or onerous limitations on entry and prizes), then the full obligations may not be enforced. Please note that “nearby” means physically nearby and does not mean on a website, 1800 number or inside product packaging. Accordingly, if the full Terms and Conditions were available in store, and you were to include a reference to this availability on any in store material, such as “See staff for full Ts & Cs”, then in our view the above abridged Terms and Conditions would satisfy this requirement. Additionally, if you were to provide the partially compliant abridged Terms and Conditions on digital pieces that either include a link to the full Terms and Conditions or hyperlink to the webpage housing the full Terms and Conditions, this is acceptable in our view as the lottery departments enforce their advertising regulations less heavily for digital pieces.