MYER One – Instant Peel and Win 175,000 prizes Competition
TRADE PROMOTION SCHEDULE OF DETAILS
This Schedule sets out the details of the “MYER one 10th Birthday Peel and Win” Competition. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).
The trade promotion described in this Schedule.
“MYER one 10th Birthday Peel and Win” Competition
This promotion is a game of chance (Instant win).
Myer Pty Ltd (ABN 83 004 143 239) of Level 7, 800 Collins Street, Docklands, Vic, 3008
NSW LTPS/14/06214; SA T14/1365; ACT TP14/02601; VIC 14/4759
New South Wales, Australian Capital City, Victoria, South Australia, Western Australia, Queensland.
The Promotion starts on Thursday 28 August 2014 at 08:00am EST.
The Promotion closes on Saturday 30 August 2014 at 10:00pm EST,or until all cards are exhausted.
An individual is an Eligible Person if they are:
an Australian resident; and
valid MYER one Member or sign-up to become a MYER one Member prior to qualifying purchase
During the Promotion Period, Entrants must:
1. Spend $50 or more in a single transaction (after any offers, sales and discounts) on participating products purchased from Myer stores; then
2. Present a valid MYER one membership card at the time of purchase to receive one (1) MYER one 10th Birthday „Peel and Win‟ card; then
3. Follow the „Peel and Win‟ card instructions to reveal if the card is an Instant Win and Prize.
Winners may be required to verify their identity, proof of purchase (original Myer receipt) and proof of their MYER one Membership, this is at the discretion of the Promoter
Merchandise available at Myer excluding online purchases, lay-by and credit card payments, corporate purchases, gift card purchases, pop up stores, services, service outlets and purchases at restaurants or cafes.
Multiple entries are allowed, provided each entry is valid, and is associated with a separate qualifying transaction, which has not been the subject of a return.
Participating Products (if applicable)
Maximum Number of Entries per Entrant
Instant Win cards
There are a total of 175,000 „Peel and Win‟ instant win cards to be awarded.
Only winning cards will display the Instant win prize allocated to that card only.
All prizes will be allocated.
Cards distributed are random and cannot be exchanged for another card. To obtain another card, the entrant must meet the entry requirements.
Lost, defaced or misplaced cards will be deemed invalid.
There are 175,000 instant win prizes to be won nationally. The national prize pool includes:
9. 10. 11.
73,720 cards – Receive double MYER one Shopping Credits on your next Myer in-store purchase.
70,000 cards – Receive triple MYER one Shopping Credits on your next Myer in-store purchase.
15,000 cards – Receive $10 off your next in-store purchase when you spend $100 or more
15,000 cards – Receive $10 off your next in-store purchase when you spend $50 or more
30 cards – Apple iPad mini (MD432X/A), colour may vary
40 cards – Nespresso Coffee Machine by Breville (BEC300MW
15 cards – Philips 32” HD LED LCD TV (32PHH5129)
30 cards – Giorgio Armani Code Ice 75ml EDT spray – Men‟s fragrance
20 cards – YSL (Yves Saint Laurent) La Nuit De L‟Homme EDT spray – Men‟s Fragrance
50 cards – DKNY MYNY 100ml EDP spray – Women‟s fragrance
65 cards – FujiFilm Instax Mini 8 Instant Camera (XG6582),
colour may vary
30 cards – Molton Brown Bath Pack 1000 cards – $20 Myer Gift Card
Prize Restrictions (if any)
It is a condition of accepting a prize that the winner complies with all the condition of use of the prize and prize supplier requirements. It is the responsibility of the winner to read any user manual and use the product in accordance.
A Tax Invoice will not be issued. Any concerns or issues including faults in the Prize are to be reported to Myer immediately.
Bonus Shopping Credit prizes apply to Standard Shopping Credits only. Cannot be used and does not apply to other Bonus Shopping Credit offers or spend on a Myer Visa Card.
Prizes are not exchangeable, cannot be returned and cannot not be sold or offered for sale or sold to a third party or auctioned on websites such as eBay, gumtree, etc. Prizes cannot be used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.
Any other costs associated with operating, using or redeeming the Prize is winners cost and does not form part of the competition or the Prize.
Any attempt to cause damage or to undermine the fair and legitimate operation of this competition will be considered a violation and invalidate the winner. The Promoter reserves its right to seek damages to the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
Total Prize Pool
Total national prize pool is valued at up to $688,457.40 (inc GST. AUS.GST does not apply to the issuing of gift cards).
The state break-up of the prize is as follows:
New South Wales: $197,849.59
Australian Capital Territory: $10,823.00 Victoria: $194,450.73
South Australia: $33,622.89
Western Australia: $99,295.95 Queensland: $140,242.24
Notification of Winners
Entrants will be notified instantly if they are a Winner. Once the „Peel and Win‟ card has been correctly activated, winning cards will clearly display the corresponding prize and details on how to claim.
Winners of prizes with a value of $250 or more will be published via www.myer.com.au no later then Wednesday 10 September 2014.
Claim Instructions and Prize Claim date
Prizes 1-4 and Prize 13
Prizes must be claimed instore by no later than Sunday 30 November 2014. To claim the prize, the winner must surrender the original winning „Peel and Win‟ card at the time of transaction or prior to allocation of prize.
Winners of prizes 5-12 will be awarded to the MYER one Primary Member. The winner must contact the MYER one Customer Service Centre either by telephone on 13 67 17 or by email email@example.com by 6:00pm EST Sunday 30 November
2014. MYER one will deliver the goods via Australia Post to the winners address as stated in the MYER one profile. It is the responsibility of the MYER one Member to ensure that their contact details (including address) are accurate. Prizes will be distributed within 28 days of the claim date.
Unallocated “Peel and Win” cards
At the end of the Promotional Period, remaining “Peel and Win” Cards for prizes 5-13 not distributed will be allocated at random to MYER one Members who qualified for a “Peel and Win” Card during the Promotional Period.
Drawn on Friday 19 September 2014 at ESUS Communication, 30 Aberfeldy Close Charlestown NSW 2290 at 10am (AEST). Prizes will be allocated in order of the Prizes list above, for an example the first valid entry drawn will win any remaining Apple iPad mini.
Prizes 5-13 which remain unclaimed as at Monday 1 December 2014 will go into a second chance draw. The second chance draw will take place at ESUS Communication, 30 Aberfeldy Close Charlestown NSW 2290 on Tuesday 2 December 2014 at 10am (AEST).
Personal information collected will be used for the purpose of facilitating and conducting this competition, and in line with MYER one Program.
Winners consent to their name and location being published on the Promoter‟s website.
TERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
3. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).
4. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
5. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
6. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw.
7. Once submitted, the entrant cannot alter or delete their entry.
8. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.
9. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter’s database and not at the time of transmission by the entrant.
10. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant’s individual Internet Service Provider.
11. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
SOCIAL NETWORKING SITE
12. The Promotion is conducted via the Social Networking Site.
13. Entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the Social Networking Site.
14. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the Social Networking Site.
15. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the Social Networking Site.
16. Entrants release the Social Networking Site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
entrant‟s entry must not include:
entering this Promotion all entrants:
17. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
18. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
19. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter will not assess each entry however, winning entries will be scrutinised.
20. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant‟s entry and proceed as if that entrant had not entered the Promotion.
21. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
22. Entries must be the entrant‟s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant‟s original work. If an entry cannot be verified to the Promoter‟s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
(a) any image or voice of any other person without that person‟s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including but not limited to, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
(a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter’s website and any other promotional material);
(b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future;
7 (c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
(d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trade mark claims, by other persons.
25. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant‟s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant‟s entry.
DETERMINING AND NOTIFYING WINNERS
26. The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.
27. If the Promotion includes instant win prizes, the instant win prize(s) will be awarded to the valid entry or entries (as applicable) in accordance with the Entry Procedure.
28. At the end of the lottery all existing claims to prizes and entitlements will be met notwithstanding the advertised prize pool has been exceeded.
29. Winners will be notified as specified in the Schedule and their name and State or Territory of residence will be published in accordance with the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State or Territory of winners on their website(s) and in trade publications. By entering this Promotion, each entrant requests that his or her full address not be published.
30. Entrants must, at the Promoter‟s reasonable request, participate in all promotional and editorial activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time. The entrant also consents to the Promoter submitting for use such broadcast, film, photograph or other recording to the Promoter‟s contractors, the Promoter’s contractor‟s contractors and the Promoter‟s agents.
PRIZES – GENERAL
31. The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over, or if a person is under the age of 18, require that the person be accompanied by a parent or legal guardian while taking the prize.
32. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
33. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including, online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize.
34. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter‟s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
35. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
36. Without limiting the above terms and conditions, the Promoter may at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
37. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
38. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
39. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
41. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule.
42. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner‟s entry will be deemed invalid and the Promoter reserves the right to forfeit any unclaimed prize.
CANCELLATION OF COMPETITION
43. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion.
44. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action subject to the approval of all relevant State and Territory Lottery Departments.
45. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
46. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, Myer one information, address, phone number, name, age, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion.
48. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants’ personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter’s information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
49. Promoter may engage other persons or organisations (for example, Promoter suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to Promoter or one or more of the purposes already mentioned. Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
50. Myer may also disclose your personal information as required by law.
INDEMNITY AND LIABILITY
52. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this
Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
53. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant‟s or winner‟s entry or claim will be deemed invalid. Where a winner‟s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to re-draw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
54. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
55. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
GENERAL TERMS AND CONDITIONS
56. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged 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.
57. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
58. Quality control errors will not invalidate an otherwise valid Instant Win Prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, if a quality control error occurs, all valid Instant Win Prize claims in excess of the advertised prize pool will be honoured. Instant Win notification messages are void if forged, mutilated or tampered with in any way. There will be a maximum of 161,496 Instant Win notification messages.
59. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.
60. The Promoter may at its absolute discretion prohibit an entrant‟s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
61. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
62. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
63. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
64. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or
engagement by the Promoter. Identification considered suitable for verification is at the Promoter‟s reasonable discretion.
65. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk.