Pauls Collect-A-Cap

Program Terms and Conditions

1. Open only to:
1. Australian not-for-profit community organisations based in Victoria, Queensland or Northern Territory (including branches of national not-for-profit community organisations where those branches are based in Victoria, Queensland or Northern Territory); and
2. child care centres, pre-schools, primary and secondary schools in Victoria, Queensland and Northern Territory (recognised and registered as a school under relevant legislation) (Participants). Participants are responsible for ensuring that, and warrant that, they fully comply with all applicable fundraising laws and requirements.
2. The promotion starts on 06/06/2011 and ends on the date determined by the Promoter (Promotion Period), as advertised on www.paulscollectacap.com.au (Website).
3. During the Promotion Period, Participants must first visit the Website to register their organisation as a Participant (including by nominating a suitable bank account to receive funds and, if located in Victoria or Queensland, providing the Promoter with a letter stating that the Participant consents to Parmalat Australia Ltd (Pauls Milk) fundraising on its behalf). In doing so, Participants agree not to provide any student email addresses or personal information to the Promoter. Participants then must collect specially marked caps from Pauls 2 litre and 3 litre milk bottles. The Promoter reserves the right to determine whether a Participant is eligible (even after registration on the Website) and whether a nominated bank account is suitable.
4. Specially marked caps collected by a Participant during the Promotion Period must send their caps to the Promoter via Australia Post pre-paid envelopes (as provided to them by the Promoter) by the dates as specified by the Promoter and advertised on the Website. Caps can also be dropped off at a Collect-A-Cap roadshow event (which will be held on various dates and at various locations to be determined by the Promoter and advertised on the Website).
5. Participants who are not registered for GST purposes will receive 10c from the Promoter for each cap collected (subject to verification by the Promoter). Participants who are registered for GST purposes will receive 11c inclusive of GST for each cap collected. Once the caps are counted and verified by the Promoter, Participants will receive an email from the Promoter confirming the cash amount that will be deposited in their bank account. Funds will be deposited directly into the Participants' nominated bank accounts at various times during the Promotion Period, as specified by the Promoter.
6. Participants may, between the dates nominated and advertised by the Promoter on the website (Bonus Period), receive bonus amount(s) by collecting specially marked caps from bottles of Pauls "Good to Go" range (consisting of Mixed Berry, Mango and Passionfruit and Banana and Honey flavours) (Bonus). Bonus Participants who are not registered for GST purposes will receive 20c from the Promoter for each Bonus cap collected during the Bonus Period (subject to verification by the Promoter). Bonus Participants who are registered for GST purposes will receive 22c inclusive of GST for each cap collected. Once the Bonus caps are counted and verified by the Promoter, Participants will receive an email from the Promoter confirming the Bonus cash amount that will be deposited in their bank account. Funds will be deposited directly into the Participants' nominated bank accounts at various times during the Promotion Period, as specified by the Promoter.
7. The Promoter is not liable for any caps that are late, lost, misdirected or delayed, due to error, omission, tampering, theft, destruction or otherwise. The Promoter may reject any invalid caps/claims in its sole discretion. Caps are void if stolen, forged, mutilated, tampered with in any way or have been, in the opinion of the Promoter, appear to have been obtained from recyclers or recycling depots. Caps must be received by the Promoter during the Promotion Period. Caps from previous Collect-A-Cap promotions will not be accepted. Bonus Participant's caps must be received during the Bonus Period or the time period specified by the Promoter.
8. Participants acknowledge and agree that the Promoter (or its representatives) may take and use images (including photographs) of Participants for the Promoter's promotional and marketing purposes and they consent to the Promoter using their name and image in promotional material (without remuneration). Participants must also, at the Promoter's request, participate in all promotional activity (such as publicity and photography) surrounding participation in this Promotion, free of charge.
9. The Promoter's decisions with respect to all aspects of this promotion are final and no correspondence will be entered into.
10. Participants may be required to provide proof of identify and eligibility. The Promoter reserves the right to invalidate or reject a Participant (or an intended Participant) at any time in its absolute discretion.
11. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
12. If for any reason any aspect of this promotion is not capable of running as planned due to any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion.
13. The Promoter is not liable for any tax implications arising from Participants participating and receiving funds in this promotion. Independent financial advice should be sought.
14. The Promoter collects personal information in order to conduct this promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Participation is conditional on providing this information. The Promoter may, for the period of the promotion, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Participant. Participants should direct any request to access, update or correct information to the Promoter. Personal information will also be held in accordance with the purposes set out in the Promoter's privacy policy available at www.parmalat.com.au
15. The Promoter does not require and will not use any student personal information and where it suspects it has been provided with such information will remove or delete such information from all of its databases.
16. All correspondence sent to the Promoter, or any images that Participants choose to submit to the Promoter to be uploaded to the Website (subject to the Promoter's approval), unless otherwise advised, becomes the property of the Promoter. By submitting images to the Promoter, Participants:
1. assign all rights (including copyright) in the image to the Promoter at the time of submitting the image;
2. consent to the Promoter making copies of or publishing the whole or any part of the image and otherwise exploiting the image and any rights in relation to the image, to publicise this promotion, the Promoter's products or for any other purposes;
3. undertake to the Promoter that their image is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
4. undertake that any person featured in the image (or their parent/legal guardian if the person is aged under 18 years) has consented to the Participant submitting the image to the Promoter to be used by the Promoter in accordance with these terms and conditions; and
5. consent to any act by the Promoter in relation to their image which would otherwise infringe their moral rights in the content of the image.
17. In the case that a Participant (in this clause called a "Supplier") is registered for GST, the following will apply:
1. The Promoter agrees to issue tax invoices (Recipient Created Tax Invoice) in a format that complies with the legislative requirements for supplies made by the Supplier of specially marked Pauls Collect-a-Cap milk caps during the Promotion Period.
2. The Supplier agrees that they will not issue tax invoices in respect of these supplies.
3. The Supplier acknowledges that it is registered for GST when entering this promotion and that the Supplier will notify the Promoter if it ceases to be registered.
4. The Promoter acknowledges that it is registered for GST for the duration of the promotion and that it will notify the Supplier if it ceases to be registered or if it ceases to satisfy any of the requirements of this agreement.
5. The Promoter indemnifies the Supplier for any liability for GST and penalty that may arise from an understatement of the GST payable on any supply for which it has issued a Recipient Created Tax Invoice.
6. The Promoter agrees to issue any adjustment notes (Recipient Created Adjustment Notes) that relate to any adjustment events connected to any supply for which a Recipient Created Tax Invoice has been issued.
7. The Promoter agrees to make available a copy of any Recipient Created Tax Invoice or Recipient Created Adjustment Note to the Supplier.
18. Promoter: Parmalat Australia Ltd ABN 56 072 928 879, Level 5, 35 Boundary St, South Brisbane QLD 4101.