2. Entry is only open to residents of Australia. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. 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.
3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If the winner is aged under 18 years, the prize will, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner and that parent or legal guardian must accompany the Entrant for the duration of the prize.
4. The promotion commences at 12:01am (AEDT) on 21/11/2016 and ends at 11:59pm (AEDT) on 19/12/2016 (Promotional Period).
HOW TO ENTER
5. To enter the promotion, Entrants must, during the Promotional Period:
a. spend $30.00 or more in one (1) transaction on any Maxwell & Williams product(s) (Eligible Purchase) from a participating retailer (Participating Store);
b. retain the Eligible Purchase’s purchase receipt (Purchase Receipt);
c. log on to www.maxwellandwilliams.com.au/christmas (Promotional Website) and fully and correctly complete and successfully submit the online entry form provided in the manner required, including providing the Entrant’s full name, contact telephone number, current and valid email address, place of purchase and selecting the purchase amount range from the drop down selection provided; and
(together, an Entry).
6. Multiple Entries are permitted, however each Entry must be based on a separate Eligible Purchase, must be submitted separately and must independently comply with these Conditions of Entry.
7. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by an Entrant on their entry form will deem their Entry invalid.
8. Selection of eligible products is subject to availability at each Participating Store. Eligible products may not be available for sale in all Participating Stores at all times during the Promotional Period. The Promoter accepts no responsibility for any eligible products being unavailable at a Participating Store during the Promotional Period.
9. Each Entrant must retain and may be required to present proof of purchase of each Eligible Purchase in order to claim a prize. An Entrant may be required to provide to the Promoter proof of purchase for all Entries made, upon request by the Promoter. If an Entrant is unable to provide proof of purchase for all Entries made within the required timeframes, then all the Entries of that Entrant will be ineligible and deemed invalid. Proof of purchase includes showing the original and providing a copy of the Purchase Receipt for each Eligible Purchase made during the Promotional Period. Purchase Receipts must clearly specify where the Eligible Purchase was made and that the Eligible Purchase was made during the Promotional Period but prior to entry.
10. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
11. The draw to determine the winners will take place at 11:30am (AEDT) on 21/12/2016 at 92-94 Tope Street, South Melbourne, VIC 3205. The winner will be notified by telephone and in writing via email within two (2) days of the draw, and their name and locality will be published in The Australian on 29/12/2016. All reasonable steps to notify the winner of the results of the draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
12. The first eligible Entry randomly drawn from all Entries received during the Promotional Period will win one (1) travel voucher valid for twelve (12) months for travel within Australia, valued at AUD$10,000.00.
13. The travel voucher is subject to its prevailing terms and conditions of use, including expiry dates, and is not replaceable if lost, stolen or damaged.
14. The prize is issued by Granted Worldwide of Level 10, 9-13 Young Street, Sydney, NSW 2000.
15. The prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
16. The Promoter reserves the right to request a winner produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the identity and age of the winner before issuing the prize.
17. It is a condition of accepting and participating in the prize that the winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion. If the winner is under 18 years of age, their parent or legal guardian must also agree to and sign such documents (if requested by the Promoter).
18. The total maximum prize value is AUD$10,000.00. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value.
19. The Promoter may conduct a further draw at the same time and place as the original draw as is necessary on 23/03/2017 in order to distribute any prize (if any) unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner in the unclaimed prize draw, the winner will be notified by telephone and in writing via email within two (2) days of the draw and the name and locality of the winner will be published in The Australian on 30/03/2017. All reasonable steps to notify the winner of the results of the unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
20. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim the prize, and any information submitted by the Entrant in entering the promotion, before issuing the prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian who gave their consent, where an Entrant is under 18 years of age). If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.
21. The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
22. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website or online entry form, or the information on the Promotional Website or online entry form, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
23. As a condition of entering this promotion, each Entrant consents to, in the event they are a winner, the Promoter using the Entrant's name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
24. As a condition of participating in the prize, the winner's companion(s) (if any) also consents to the Promoter using their name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in the manner set out in this condition and agrees to participate in all reasonable promoted activities in relation to the prize as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
25. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.
26. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable State or Territory legislation.
27. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize.
28. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.
29. The Promoter will provide to each Entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
30. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and award the prize (where appropriate). If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation.
32. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, promotional partners, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
33. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
34. Promoter: H.A.G Import Corporation (Australia) Pty Ltd (ABN 99197250028) of 11-27 Millers Road, Brooklyn, VIC 3012. Phone: (03) 9318 0466.
NSW Permit No. LTPS/16/09197. ACT Permit No. TP 16/02280. SA Permit No. T16/2076