FACT OR FICTION

WIN $100,000 CASH

PROMOTIONAL TERMS AND CONDITIONS

 

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions
  2. Entry is open to all Australian residents aged 18 years or over (“Eligible Entrants”).
  3. Employees (and their immediate families) of the Promoter, Participating Retailers (as defined below), marketing, advertising and media partners associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  4. Promotion commences at 9.00am AEST on 09/09/2019 and closes at 11.59pm AEDST 06/01/2020 (“Promotional Period”).
  5. To be eligible to enter, Eligible Entrants must purchase the NRL or AFL “Fact or Fiction Family Footy Trivia Game” (“Game”) from any participating retailer (“Qualifying Purchase”) subject to stock availability. The Game must not be resold or offered for resale at a premium (including via online auction sites).A participating retailer is any Smokemart & GiftBox store in SA, WA, NSW, VIC or QLD or www.giftbox.com.au (each a “Participating Retailer”).
  6. To enter, Eligible Entrants must then undertake the following registration process during the Promotional Period:
  • Visit www.giftbox.com.au;
  • follow the prompts to the competition entry page and input the requested details including whether they purchased the NRL Game or AFL Game;
  • agree to these Terms and Conditions and the Promoter’s privacy policy; and
  • submit the fully completed online entry form.
  1. Multiple entries are permitted, subject to the following: (a) only one (1) entry is permitted per Qualifying Purchase; and (b) each entry must be submitted separately and in accordance with entry requirements.
  2. Eligible Entrants must retain their Qualifying Purchase receipt(s) or gift receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of all of an Eligible Entrant’s entries and forfeiture of any right to a prize. Qualifying Purchase receipt(s) or gift receipt(s) must clearly specify the name of the Participating Retailer and that the Qualifying Purchase was made during the Promotional Period but prior to entry.
  3. Incomplete or indecipherable entries will be deemed invalid.
  4. Any cost associated with accessing the promotional website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  5. The draw will take place at Loyalty.com.au, 11 Springfield Avenue, Toorak, 3142 on 10/01/2020 at 12.00noon AEDST in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order, in case of an invalid entry or ineligible entrant is drawn. The prizes will be paid via EFT into the winners’ nominated back accounts within twenty (28) days.
  6. The Promoter’s decision is final, and no correspondence will be entered into.
  7. Entries will be divided into two (2) groups depending on which Game was purchased and as specified at the time of entry: NRL or AFL. The first valid entry drawn in each group will each be awarded $100,000.
  8. The Promoter may, in its absolute discretion, arrange a presentation of the winners’ cheques at its head office in the event the winner is a resident of SA.

General Terms and Conditions

  1. The prize winners will be notified in writing and via a phone call within two (2) business days of the draw. The name and postcode of each winner will be published at www.giftbox.com.au from 14/01/2020.
  2. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  3. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’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 entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the 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.
  4. Total prize pool value is $200,000
  5. Prize is not transferable or exchangeable, unless otherwise specified.
  6. A draw for any unclaimed prizes may take place on 14/04/20 at the same time and place as the original draw, in the presence of an independent scrutineer, subject to any written directions from a regulatory authority. The winners, if any, will be notified in writing within two (2) business days of the draw and their names will be published at www.giftbox.com.au from 17/04/2020.
  7. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.
  8. It is a condition of accepting the prize that the winners agree to be interviewed, photographed and filmed at any time by the Promoter or their agents for a story or feature on this promotion, for distribution to any television, digital streaming or on demand service channels of the Promoter and/or its affiliates, the website of the Promoter and/or its affiliates, the social media pages of the Promoter and/ or its affiliates, and any other websites, applications and digital platforms of the Promoter and/or its affiliates, without any remuneration or reference to the entrant.
  9. 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 Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  10. 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 for any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  11. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their 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 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; or (f) taking of a prize.
  12. 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 www.giftbox.com.au/privacy-policy. 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 Eligible Entrant. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible Entrants 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 PI to any entity outside of Australia.
  13. As a condition of accepting the prize, winners must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  14. The Promoter is Shahin Enterprises Pty Ltd T/a Smokemart & GiftBox (ABN 46 008 150 543) of 270 The Parade KensingtonSA 5068, telephone: 08 8333 9777.

SA Permit No: . T19/1446 NSW Permit No: LTPS/19/37594