IGA, Supa IGA, IGA Everyday, IGA Express, Foodland – Win An Apple Product (Macbook, iPod, iPad, Watch) A Day with Smith’s Competition

TEMRS & CONDITIONS

Information on how to enter and prizes form part of these Terms and Conditions (“Conditions”). Entry into The Smith’s Snackfood Company Pty Ltd ‘Win an Apple A Day’ Promotion (“Promotion”) is deemed to be an acceptance of these Conditions.

Promotion is open to residents of Australia aged 14 years or over. Individuals between the ages of 14 and 18 years must obtain parental/guardian consent to enter and further, the parent/guardian of the entrant must read and consent to these Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement with the Promoter as evidence of consent to the minor entering this Promotion.

Employees (and their immediate families) of the Promoter, the Promoter’s associated companies, participating retail outlets and the Promoter’s agencies associated with this Promotion are ineligible to participate. 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.

The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an 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 Conditions, tampered with the entry process, engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion or for submitting an entry which is not in accordance with these Conditions. 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.

The Promotion commences at 00:01 AEDST on 05.10.2015 and closes at 23:59 AEDST on 01.11.2015 (“Promotional Period”).

How to enter

To enter, individuals must:

a. Purchase any size pack of Sakata product, Sunbites Grainwaves, Red Rock Deli Chips and Obela Dips, Doritos, any Smith’s branded potato chips (including Smith’s Crinkle, Popped or Thinly Cut), or any Nobby’s branded product from any participating Supa IGA, IGA, IGA Express or Foodland outlet between 05.10.2015 and 01.11.2015 (“Eligible Product”); and then

b. Visit www.smithspromo.com.au and follow the links to the online entry form. Fully complete and submit the online entry form, including their full name, address, mobile phone number, their unique receipt number and any additional information as required by the Promoter by 23:59 AEDST on 01.11.2015.

Incomplete or indecipherable entries will be deemed invalid.

Multiple entries are permitted, subject to Clause 10 and the following: (a) only one (1) entry permitted per Eligible Product purchased; (b) a maximum of three (3) entries will be accepted per household per day; (c) a maximum of three (3) entries will be accepted per receipt (regardless of the number of Eligible Products featured on that receipt, in excess of three (3)); (d) each entry must be submitted separately and in accordance with entry requirements; and (e) unrecognised receipt numbers will be deemed invalid.

Any entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service, will be void.

Entrants must retain their original store receipt(s) (photocopy of a receipt is not acceptable) (“Promotional Materials”) as proof of purchase for all entries. Failure to provide the Promotional Materials when requested may, in the absolute discretion of the Promoter, render ALL of an entrant’s entries invalid and forfeit their right to any prize. Store purchase receipt(s) must clearly specify the store of purchase, Eligible Product(s) purchased and that the purchase was made during the Promotional Period but prior to entry.

Entrants can only enter in their own name. The Promoter reserves the right to request the winners to 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 winners’ identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the winners in entering the Promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, the winner’s entry will become invalid. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

Daily Prize

There will be a prize winner for each day of the Promotional Period, selected in accordance with clause 15. The daily prize winner will be randomly assigned an Apple product prize (“Daily Prize”). There is no consumer choice over which Daily Prize is awarded. The Daily Prize will be one (1) of the following:

a. 1 x Apple iPad Air 2 128GB Wi-Fi+ Cellular – Silver valued at $1,019.00 (total of seven (7) to be given away).

b. 1 x Apple iPod touch 32GB (Space Grey) valued at $349.00 (total of seven (7) to be given away).

c. 1 x Apple Watch 38mm Stainless Steel Case with Black Sport Band valued at $799.00 (total of seven (7) to be given away).

d. 1 x Apple 13″ 512GB 2.9 GHz MacBook Pro valued at $2,498.00 (total of seven (7) to be given away).

‘Macbook Pro’, ‘Apple Watch’, ‘iPad’ and ‘iPod’ are trademarks of Apple Inc. Apple Inc. is not a participant in or sponsor of this Promotion.

The values of the Daily Prizes are accurate at the date of commencement of the Promotional Period. The Promoter accepts no responsibility for any variation in the value of any Daily Prize after that date.

Prize Draws and the Winner Notification

Twenty-eight (28) Daily Prize draws will be conducted, one (1) in respect of each day of the Promotional Period. Entries for each daily draw open at 00:01 AEDST and close at 23:59 AEDST each day of the Promotional Period. The daily draws will be conducted daily at 12 midday (AEDST) from 06.10.2015 to 02.11.2015 (inclusive) at Prime Focus, 403/62 Beach Street, Port Melbourne, VIC 3207. The first valid entry randomly drawn in each draw from all entries received during the previous calendar day will win a Daily Prize (subject to verification). Entries in each daily draw will NOT be entered into any subsequent daily draw(s).

The provisional Daily Prize winners will be notified in writing and telephone within two (2) business days of the relevant draw.

Upon request by the Promoter, the provisional Daily Prize winners will be required to send the Promoter the Promotional Materials. Failure to provide the Promotional Materials as proof of purchase when requested by the Promoter may in the absolute discretion of the Promoter, render ALL of an entrant’s entries invalid and forfeit their right to any prize.

The names of the Daily Prize winners will be published on the promotional microsite at www.smithspromo.com.au from 04.11.15.

Where delivery is applicable, prizes will be delivered only in Australia.

Unclaimed Prize Draw

A draw for any unclaimed prizes may take place at 12 midday (AEDST) on 12.02.2016 at Prime Focus, 403/62 Beach Street, Port Melbourne VIC 3207, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing and telephone within two (2) business days of the draw and their names will be published online at www.smithspromo.com.au from 16/02/2016. Winners will be required to provide the Promotional Materials to validate their entry, in accordance with clauses 10 and 11.

General Conditions

If any Daily Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Daily Prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

Daily Prizes are not transferable or exchangeable and cannot be taken as cash. The Promoter accepts no responsibility for any variation in the Daily Prize values.

If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

The Promoter’s decision is final and no correspondence will be entered into.

Maximum total prize pool for all the Daily Prizes is $32,655.00.

Subject to the unclaimed prize draw clause, if for any reason a winner does not take/claim a Daily Prize, then the Daily Prize will be forfeited.

If a winner of a Daily Prize is under the age of 18 years, the Daily Prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. Any contact details incorrectly entered on the website may invalidate the relevant entry, in the Promoter’s discretion.

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.

As a condition of accepting a Daily Prize, each winner 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. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.

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 any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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 the Daily Prize values to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of/taking a Daily Prize.

All entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Promoter collects personal information about entrants to include entrants in the Promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the Promotion. The Promoter may disclose entrants’ personal information to its related bodies corporate, contractors and agents to assist in conducting this Promotion or communicating with entrants, and as required, to Australian regulatory authorities. If the entrant has marked the ‘opt-in’ box on the online entry form, the entrant consents, for an indefinite period unless otherwise advised, to the storage of their personal information on the Promoter’s database and that the Promoter may use this information for future promotional and marketing purposes regarding the Promoter’s products including contacting the entrant via electronic messaging. Entrants can opt out, seek access to the personal information the Promoter holds about them, and request correction of any errors, by contacting the Promoter at the address below. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter at the below address or visiting the Promoter’s website www.smiths.com.au. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Unless otherwise advised, some of the entities that the Promoter may disclose personal information to may be located outside of Australia (see Privacy Policy for details).

The Promoter is The Smith’s Snackfood Company Pty Ltd, (ABN: 31 057 976 940) of 799 Pacific Highway, Chatswood, NSW 2067, telephone: (02) 9951 1799. Authorised under: NSW Permit No. LTPS/15/04807, ACT Permit No. TP15/06357, SA Permit No. T15/1085.