TRADE PROMOTION
SCHEDULE OF DETAILS
This Schedule sets out the details of the below Promotion. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule)
TRADE PROMOTION
SCHEDULE OF DETAILS
This Schedule sets out the details of the below Promotion. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule)
Promotion
The trade promotion described in this Schedule
Promotion Name
"Shop to Win" Win a Car at Myer Competition
Promoter
Myer Pty Ltd (ABN 83 004 143 239), 800 Collins St, Docklands, Vic, 3008
Relevant State(s)
Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania, Victoria, Western Australia
Permit Numbers
Authorised under NSW LTPS/16/07656; ACT TP16/1913; SA T16/1737
Promotion Period
Start
8:00am AEDST Sunday 9 October 2016
End
11:59pm AEDST Saturday 3 December 2016
Eligible Persons
Entry is only open to persons who:
a) are Australian residents 16 years or older at the time of the Draw. Winner/s under 18 years old at the time of the draw, the Prize will be awarded to the Winner’s parent or legal guardian
b) have ongoing access to an Australian network mobile telephone with premium SMS capabilities (note: the SMS number used to send the entry will be used as your contact number in the event you are the winner)
c) make a valid purchase during the Promotional Period
d) holds a unrestricted and valid (or is eligible to apply for a) Drivers Licence
Directors, management, employees, officers and contractors of the Promoter and Prize Supplier who are directly involved in the management of the Competition (and their Immediate Families) or of agencies or organisations associated with this Promotion are ineligible to win
Entry Procedure
During the Promotion Period, entrants must:
a) be an Eligible Person; and
b) spend $100 or more in a single transaction (after sales or discounts) on Participating Products at a Myer store (bricks and mortar store); then
c) SMS 199 779 77 with the entrants full name, state of residence and receipt number or barcode from a valid Myer POS receipt to receive one (1) entry into the Draw
Entrants must retain original proof of purchase for validation and must be provided upon request by the Promoter. Incomplete, incorrect or indecipherable entries will be deemed invalid
Participating Products
(if applicable)
Goods offered at Myer stores, excluding Myer Online stores, instore tablet orders, gift card purchases, corporate or commercial purchases and non-Myer POS food and service outlets and purchases. Large electrical items and furniture must be paid in full (recognised as a deposit) during the Promotion Period to be eligible for entry
SMS Details
All entries must be made via SMS. This is a Premium rate SMS service. System generated SMS’ will not be accepted
All SMS’ sent to the competition nominated SMS number will be charged at $0.55 (including GST). Salmat Helpdesk 1300 131 276 (alt. call 1300 132 292)
SMS Entry
Layout - Full Name<space>State<space>Myer receipt number or barcode
Example - Paul Smith Vic 0075421222
Verification Requirements
Winners may be required to verify their identity and provide proof of age and proof of purchase (original Myer receipt)and copy of Drivers Licence
Acceptable forms of identification are the discretion of the Promoter
Total Number of Entries
There are no limits to the number of entries for this Promotion
Maximum Number of Entries per Entrant
Multiple entries are allowed, provided each entry is valid, and is associated with a separate qualifying transaction in relation to the purchase of a Participating Product and has not been the subject of a return, cancellation or where item/s were unable to be fulfilled
Draw Details
Date: Friday 9 December 2016
Time: 11:00am AEDST
Location: eSUS Communication, 30 Aberfeldy Close, Charlestown NSW 2290
Prize Supplier is Volkswagen Group Australia Pty Ltd (ABN 14 093 117 876) of 24 Muir Road, Chullora, NSW 2190
Prize Details
Five (5) prizes will be awarded after the verification requirements of the Promoter are satisfied – one per State Group, as listed below
Each State Group winner will win a Volkswagen GOLF 92TSI Comfortline 7 speed DSG with metallic paint, dealer delivery and application on-road costs including 12 months registration valued at up to $32,989 (being the manufacturer’s recommended drive away price, including GST)
The entry State Group will be based on the entrants state of residence as specified on the SMS (and validated based on identification provided). Melbourne City and Sydney City store entries will be based on the receipt number provided on the entry SMS
State Group
Group 1 - New South Wales or Australian Capital Territory Myer Stores, excluding Sydney City store
Group 2 - Victoria and Tasmania Myer Stores excluding Melbourne City store
Group 3 - Queensland Myer Stores
Group 4 - Sydney City or Melbourne City Myer Stores
Group 5 - Western Australia and South Australia Myer Stores
Total prize pool is valued at up to $164,947 (including GST)
Prize Conditions
One prize per State Group (based on residence), except South Australia residents who are entitled to win more than one prize
The prize must be taken as provided, unless otherwise approved by the Promoter. All components of the Prize must be taken together at the time of accepting the Prize or all are forfeited. Car is subject to change and availability. Any requests for changes must be approved by the Promoter and the Prize Supplier
Delivery times may vary depending on availability in each State Group
Standard features including external and internal colours and accessories are at the Promoters discretion. All other costs, including travel to claim and collect the Prize and optional extras not specifically specified as included in the Prize is at the winners expense
Insurance is not included in the Prize. The Promoter highly recommends a full insurance policy is taken prior to taking ownership of the vehicle
Winner/s must provide all information and sign all documentation necessary to enable the Promoter and the relevant car dealer or related agencies to register the vehicle in the name of the Winner prior to collection
Vehicle is non-transferable. The Winner agrees to abide to any prevailing terms and conditions of the car dealer or brand, the Promoter or any provider in the supply of the Prize. No compensation will be payable by the Promoter or related agencies if a Winner, is unable to use any element of the Prize as stated for whatever reason. Any part of a Prize that is not taken for any reason is forfeited by the Winner
Receipt of the prize vehicle is subject to the winner being able to lawfully take possession of the prize vehicle and comply with all registration of the state/territory in the winner’s state/territory elects to register the prize vehicle
Vehicle is to be collected from the winner’s nearest authorised Volkswagen dealership as determined by the Prize Supplier or location as nominated by the Promoter. Vehicle must be delivered and taken before 30 April 2017
The Promoter, Prize Supplier and related agencies and companies take no responsibility for any changes in prize value
If the Prize is unavailable, the Promoter in its discretion, reserves the right to substitute the Prize (or part of the prize) with a Prize to the equal value and/or specification, subject to any written directions from a regulatory authority
Each Winner must hold an unrestricted Australian driver’s licence. In the case of Learner Driver under the age of 18 years, the car will be awarded to the parent or legal guardian
The Prize vehicle will be registered in the Winner’s name. If the Winner is, through any legal capacity or otherwise, unable to register the vehicle in their own name, at the discretion of the Promoter
The Prize is not redeemable for any cash payouts or any other benefits
The Promoter accepts no responsibility for any tax implications that may arise from acceptance or redemption of the Prize, or this Promotion. Independent financial advice should be sought by the Winner prior to accepting the Prize
Prize value of the car is dependent on states required dealer delivery and registration costs at the time of taking the Prize
Notification of Winners
Winners will be contacted using the mobile number provided on entry (SMS or voice contact) and in writing by no later than Wednesday 14 December 2016
Publication Dates
Winners will be published Wednesday 14 December 2016 on the Myer website www.myer.com.au/whatson
Prize Claim Date
All prizes must be claimed by Tuesday 14 March 2017, 12:00pm AEDST
Claim Instructions
Claim instructions will be provided on contact and in writing
Unclaimed Prize Arrangements
If any Prize remains unclaimed at 14 March 2017 12:00pm AEDST, the Promoter, with approval from participating gaming authorities, will conduct a second chance draw to award any remaining prize as follows:
Date: Tuesday 14 March 2017
Time: 1:00pm AEDST
Location: eSUS Communication, 30 Aberfeldy Close, Charlestown NSW 2290
Winners in the second chance draw will be notified in the same manner as the original Draw by Friday 17 March 2017
Safety
The Winner accepts the Prize at their own risk. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination or by accepting or using the Prize
Privacy
Personal information collected as part of this Competition will be used and disclosed for the purpose of facilitating the competition and in line with the Promoters and Prize Suppliers Privacy Policies
Entrants consent to the use of personal information collected through the SMS entry including the POS transaction details for the purposes of contacting the winner and validating their entry. For avoidance of doubt, where a MYER one card and number or any other personal identifier appearing on the entry Myer receipt may be used as a form of validation and to contact the winner
The Winner consents for the Promoter to supply their personal information to the Prize Supplier, and related agencies, and consent to the these third parties to contact them, in order to facilitate the Competition and for redemption of the Prize
TRADE PROMOTION
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.
Promoter is Myer Pty Ltd of Level 7, 800 Collins Street, Docklands Vic 3008 (ABN 83 004 143 239)
3.
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
4.
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)
5.
Entrants must be over 18 years of age, unless otherwise stated on the schedule. Where an entrant is under 18 years of age, they must have parent or legal guardian consent to enter and to claim the Prize. The Promoter reserves the right to disqualify an Entrant if acting reasonably believes that the Entrant does not have the necessary consent
ENTRY
6.
The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period
7.
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
8.
All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw
9.
Once submitted, the entrant cannot alter or delete their entry
10.
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
11.
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
12.
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
13.
All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants
ENTRY CONTENT AND VALIDITY
14.
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
15.
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
16.
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
17.
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
18.
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
19.
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
20.
An entrant’s entry must not include:
(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
21. By entering this Promotion all entrants:
(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;
(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
22.
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
23.
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
24.
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
25.
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 related 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
26.
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 the 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 its contractors, its contractor’s contractors and its agents or agencies
PRIZES - GENERAL
27.
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
28.
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
29.
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
30.
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
31.
Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable
32.
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)
33.
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
34.
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
35.
The Promoter reserves the right to require the Winner to sign any legal documentation as and in the form required by the Promoter, or suppliers of Prizes, in their absolute discretion including without limitation a form of waiver or release with respect to acceptance or usage of the Prize, or any liability arising out of or in relation to the Prize or this Promotion
PRIZES
36.
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
37.
If the prize includes Myer Reward Cards, Reward Cards are treated like cash. Lost or stolen cards will not be replaced or refunded. Reward Cards cannot be used for the payment of credit or store accounts. Reward Cards are not redeemable for cash and cannot be exchanged. Reward Cards expire two years from the issue date. Any unused amount after the expiry date of the Reward Card will not be refunded or credited. Reward Cards are not reloadable. For full terms of use and full details concerning applicable exclusions, visit http://www.myer.com.au/giftcards or call 1300 398 226. Reward Cards are to be used for the purchase of goods and services at Myer stores in Australia
CLAIMING PRIZES
38.
Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule
39.
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 distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority
CANCELLATION OF COMPETITION
40.
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
41.
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
42.
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
43.
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
44.
The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the Myer business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as the Myer one Program or new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above
45.
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
46.
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 col
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