SMGB ‘Sign Up and Win the Spyra Dynamic Duo Bundle” Competition (Competition)
Terms and Conditions
By entering the Competition, you agree to be bound by the following Terms and Conditions:
COMPETITION PERIOD
The Competition commences at 8:00 AM (ACST) on MONDAY 21 OCTOBER 2024 and ends at 5:00 pm (ACST) on SUNDAY 17 NOVEMBER 2024 (the Competition Period).
ELIGIBLE ENTRANTS
Entry is open Australian wide (each, an Eligible State) residents, aged 18 years and over.
Directors, officers and employees of:
(a) the Promoter; or
(b) any companies or Commonwealth, State, Territory or local government agencies where the rules or guidelines applicable to such company or agency prohibit receipt of a prize; or
(c) the agencies or companies associated with this Competition,
and their immediate family members, cannot enter.
Any person who meets the above criteria is an ‘Eligible Entrant’. Entrance into the Competition is deemed acceptance of these Terms and Conditions.
The Promoter may require you to verify that you are an Eligible Entrant by providing evidence of your name, address, date of birth, email address or other personal details. Identification considered suitable for verification is at the discretion of the Promoter.
LOCATIONS
The Competition will run through Meta Advertising and online at www.giftbox.com.au (Online Location).
HOW TO ENTER
During the Competition Period, Eligible Entrants must complete the Promoter’s online entry form accessed via the Meta Ad with all required details, including:
(a) full name;
(b) email address;
(Required Details).
Each Eligible Entrant who submits a competed form in accordance with all of the Required Details during the Competition Period will automatically receive 1 entry to win Spyra Dynamic Duo Bundle (Eligible Entry). If an Eligible Entrant has already won a Prize, the Promoter may declare invalid any Eligible Entries by that Eligible Entrant.
All entries are deemed received at the time of receipt by the Promoter, not at the time you transmit the completed form.
The Promoter reserves the right to exclude any incomplete, illegible or incorrect entry or any entry containing offensive, derogatory or defamatory comments, which reflects negatively on the Promoter or which breaches any law or infringes any third party rights.
MAXIMUM ENTRIES
One (1) Eligible Entry per Eligible Entrant.
The Promoter may, in its sole discretion, disqualify any person who (a) does not complete all details required on the form or the details are illegible, and/or (b) submits more than one Eligible Entry, and may deem that any Eligible Entry made by that person is excluded.
PRIZE DRAW
There will be one (1) winner of the Competition (each, a Winner).
The Winner will be drawn randomly by an employee of the Promoter at the Promoter’s office at 11:00 am ACST on Monday 19 November 2024 (Draw) at 270 The Parade Kensington SA 5068 (Draw Location).
Each Eligible Entry has an equal chance of being drawn.
Each Winner will be awarded a Prize in accordance with these Terms and Conditions.
The Promoter may draw additional reserve entries and record them in order, in case a Winner is deemed invalid, or a Prize is unclaimed (Reserve Winners).
PRIZE
There is 1 prize available (each, a Prize), with one (1) Prize awarded to the Winner.
The Prize on offer is the following:
Prize
Includes
RRP (incl GST)
Spyra Dynamic Duo Bundle
1 Spyra Three Water Gun
1 Spyra Go Water Gun
2 Spyra Bases
$348.66
The total recommended retail value of the Prize is $348.66 (inclusive of GST) and is correct at the commencement of the Competition Period. The Promoter is not responsible for any variation in the value of the Prize.
The Prize is not transferrable or exchangeable and is not redeemable for cash. The Promoter reserves the right or federal legislation.
NOTIFICATION AND CLAIMING THE PRIZE
The Winners will be notified by phone and/or email from the Promoter by midday ACST on 18th November 2024.
The Winner must claim their Prize by responding to the Email from the Promoter, advising the Promoter that they will receive their item through Australia Post,
If the Winner does not collect the Prize by the Prize Deadline the Promoter may deem the Prize forfeited and choose a new Winner for that Prize as though the Prize was not claimed before the Prize Deadline (see below).
RESERVE DRAW
In the event that a Winner fails to claim the Prize by the Prize Deadline, the Prize will be forfeited by the Winner and the Promoter will choose and notify a new Winner from the Reserve Winners (in the order they were drawn) for that Prize using the same process set out above.
The Reserve Winner must claim the Prize in the same method set out above for the Winner by no later than 24 Hours after being notified. In the event that the Prize is unclaimed following this 24 hour period, the Prize may be distributed at the Promoter’s absolute discretion.
DISQUALIFICATION
The Promoter may, in its sole discretion, discard or deem invalid any Eligible Entry or disqualify all entries by any Eligible Entrant if the relevant Eligible Entrant:
(a) breaches these Terms and Conditions;
(b) is unable to provide the Promoter with appropriate proof of identification;
(c) tampers with the entry process;
(d) engages in any conduct that may jeopardise the fair and proper conduct of the Competition;
(e) acts in a disruptive, annoying, threatening, abusive or harassing manner;
(f) does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Competition;
(g) breaches any law; or
(h) behaves in a way that is otherwise inappropriate.
ACKNOWLEDGMENTS BY PARTICIPANTS/WINNERS
You acknowledge and agree that:
(a) The Promoter’s decision in connection with any aspect of this Competition (including any dispute) is final and no discussion or correspondence will be entered.
(b) If for GST purposes this Competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
(c) The Promoter accepts no responsibility for any costs incurred by a Winner in connection with the use of their Prize or any tax implications that may arise from acceptance of the Prize.
(d) You are fully responsible for any materials you submit in connection with the Competition, including but not limited to comments, recordings and images (Content) and you indemnify the Promoter from and against any loss or damage incurred by the Promoter in connection with such Content.
(e) The Promoter may in its sole discretion remove or decline to publish any Content without notice for any reason whatsoever.
(f) If for any reason any aspect of this Competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to any applicable laws.
(g) Upon submission, all entries and Content automatically become the sole property of the Promoter. You agree to the Promoter using any entries or Content you submit for any purpose in connection with the Promoter’s business.
(h) The Winners agree to participate and cooperate in all publicity, editorial and promotional activities required by the Promoter, including but not limited to being interviewed, recorded and photographed without compensation. The Winners grant the Promoter a perpetual and exclusive licence to use the any such footage, recordings or photographs in all media worldwide and the Winner without notification or remuneration.
(i) Failure by the Promoter to enforce any of its rights under these Terms and Conditions at any time does not waive those rights.
(j) The Prize may involve activity which is inherently dangerous. You agree that any use of or participation in the Prize is at your own risk and you indemnify the Promoter from any loss or damage sustained by the Promoter in connection with your use of or participation in the Prize and that of any of your guests.
(k) The Prize is subject to terms and conditions set by the provider of the Prize. You acknowledge and agree that if you do not comply with or otherwise meet those terms and conditions, you may be unable to participate in the Prize. If this is the case, you agree that the Promoter will have no liability to you in connection with such ineligibility to participate and the Promoter may distribute the Prize to a Reserve Winner as set out in these Conditions.
(l) The Promoter encourages responsible consumption of alcohol. You agree that your Eligible Entries, and any use of the Prize will be in accordance with all relevant laws and guidelines surrounding responsible consumption of alcohol. The Promoter may immediately remove any Eligible Entry that the Promoter, in its sole discretion, considers may promote irresponsible behaviour or behaviour contrary to law.
(m) The Promoter will not be responsible for any additional costs incurred by the Winner in connection with the use of the Prize. The Winner (and if applicable, their guests) are responsible for all costs associated with using the Prize, including without limitation, travel and transfer costs (except to the extent that travel forms part of the Prize), food and beverage costs, insurance costs and spending money.
LIMITATION OF LIABILITY
To the extent permitted by law, the Promoter and its associated agencies, companies and representatives associated with this Competition shall not be liable for:
(a) any claim, loss (including without limitation consequential loss or loss of profits), damage or expense, howsoever caused (including by the negligence, act or omission by the Promoter or any of its employees, agents or representatives);
(b) death, personal injury or illness suffered or sustained in connection with this Competition or the use of the Prize except for any liability which cannot be excluded by law;
(c) any incorrect, inaccurate or incomplete information communicated in the course of/or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter;
(d) entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted;
(e) any Content submitted by any person;
(f) any error, omission, interruption, deletion, defect, destruction or unauthorised access to or alteration of entries; or
(g) any loss of, damage to or delay in delivery of the Prize where such failure is beyond the control of the Promoter.
To the extent permitted by law, any liability of the Promoter, its employees, agents or contractors arising in connection with the Competition or the Prizes is limited to the re-supply of the Prizes or a similar prize of equal value.
If this Competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the Competition or disqualify affected entries/entrants, subject to necessary approval by the state/territory gaming authorities (if any).
Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
FACEBOOK/INSTAGRAM
The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. You are providing your information to the Promoter and not to Facebook, Instagram or any other social media platform. Entrants completely release Facebook, Instagram and any other social media platform from any and all liability in connection with the Competition.
PRIVACY
By entering the Competition and providing your personal information, you consent to the use of your personal information (as defined in the Privacy Act 1988) in the manner set out in these Terms and Conditions.
The Promoter collects personal information about you in order to conduct the Competition. If the personal information requested is not provided, you may not be able to participate.
The Promoter may also:
(h) use your personal information to contact you with special offers and marketing via any medium and to help improve its goods and services; and/or
(i) share your personal information with the Promoter’s Australian related companies, agents, contractors or promotional partners who may (together with the Promoter) contact you with special offers and marketing via any medium.
Where the Promoter holds personal information about you that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records.
The Promoter’s Privacy Policy available at https://www.giftbox.com.au/privacy-policy states:
(j) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
(k) how you can complain about a breach of privacy and how the Promoter will deal with such a complaint.
SMGB ‘Nowra Spend And Win’ Competition (Competition)
Terms and Conditions
By entering the Competition, you agree to be bound by the following Terms and Conditions:
PROMOTER
The Promoter is SEPL Pty Ltd as trustee for the SFT (ABN 75 492 874 033) trading as Smokemart & Giftbox (Promoter).
COMPETITION PERIOD
The Competition commences at 08:00 am (AEDT) on Tuesday 14 November 2023 and ends at 11:00am (AEDT) on Friday 22 December 2023 (the Competition Period).
ELIGIBLE ENTRANTS
Entry is open to all NEW SOUTH WALES residents, aged 18 years and older.
Directors, officers and employees of:
(a) the Promoter; or
(b) any companies or Commonwealth, State, Territory or local government agencies where the rules or guidelines applicable to such company or agency prohibit receipt of a prize; or
(c) the agencies or companies associated with this Competition,
and their immediate family members, cannot enter.
Any person who meets the above criteria is an ‘Eligible Entrant.’ Entry into the Competition is deemed acceptance of these Terms and Conditions.
The Promoter may require you to verify that you are an Eligible Entrant by providing evidence of your name, address, date of birth, email address or other personal details. Identification considered suitable for verification is at the discretion of the Promoter.
LOCATIONS
The Competition will run at the Promoter’s Nowra Store located at Shop 2, 21 Kinghorne Street, Nowra NSW 2541(Nowra Store)
The Competition will be advertised in the Nowra Store, on flyers distributed by the Promoter to households and via radio communications on Power 94.9 FM.
HOW TO ENTER
During the Competition Period, Eligible Entrants must:
1. spend $40.00 or more (inclusive of GST) at the Promoter’s Nowra Store (instore or via click and collect) (Purchase)*;
2. request a receipt for the Purchase (Purchase Receipt); and
3. access, complete and submit the Promoter’s entry form at the Promoter’s Nowra Store with all required details (including, without limitation, the Eligible Entrants full name, email address, phone number and Purchase Receipt number),
(Qualifying Action).
Each Qualifying Action complete during the Competition Period will automatically receive one (1) entry into the Competition (Eligible Entry).
All entries are deemed received at the time of receipt by the Promoter at the Promoter’s Nowra Store.
The Promoter reserves the right to exclude any incomplete, illegible or incorrect entry or any entry containing offensive, derogatory or defamatory comments, which reflect negatively on the Promoter or those entries that breach any law or infringes any third party rights.
*Not applicable to the purchase of Tobacco Products or Tobacco Related Products as they may be defined in any state or federal legislation.
MAXIMUM ENTRIES
One (1) Eligible Entry per Qualifying Action.
The Promoter may, in its sole discretion, disqualify any person who does not complete all details required on the form or the details are illegible.
PRIZE DRAW
The Winner will be drawn randomly by an employee of the Promoter at the Nowra Store (Draw Location) at 11:00 am (AEDT) on Friday 22 December 2023 (Draw). The Winner will be determined instantly by the drawing of a name, at random, from a box which contains all the names of Eligible Entrants. The Draw will be broadcast live on Nowra Power 94.9 FM.
Each Eligible Entry has an equal chance of being drawn.
The Promoter may draw additional reserve entries and record them in order, in case the Winner is deemed invalid, or the Prize is unclaimed (Reserve Winners).
PRIZE
There is 1 prize pack available (Prize) which will be awarded to the Winner.
The Prize comprises the following: Prize. Contents . RRP (incl GST) for each Prize
The Ultimate Camping Pack
1 x RAILBLAZA Kayak/ Canoe Sounder and Transducer Mount $94.99
1 x Watersnake ASP T24 Electric Motor with Kayak Bracket $249.99
1 x Glide Soft Roof Racks $99.99
1 x Pryml Titan Fishing Kayak Pack $799.00
1 X Dune 4WD King Titan Deluxe Double Swag Olive $179
1 x Oztrail Junior Kingsford -3° Sleeping Bag Grey $49.99
1 x The North Face Men's Aconcagua 2 Jacket Black $299.99
1 x Dune 4WD Double/Queen Swag Bag $79.99
1 x Shimano 21 Taipan Spin Rods (3-6KGS) $79.99
1 x Shimano 21 Raider Baircast Rod (3-6KGS) $49.99
1 x Oztrail Camp Kitchen with Sink $179.99
1 x Watersnake Manual Inflatable PFD Level 150 $99.99
1 x Weber Go-Anywhere Charcoal BBQ $149.99
1 x Wanderer Premium Soft Cooler 30 Can $69.99
1 x Plano Tackle Kit 500 Piece $79.99
1 x XTM Car Awning Bundle 4x4 2 x 2.5m $199.98
1 x RAILBLAZA Rod Holder R Only Black $33.99
1 x Life Gear Adventure Series 1000 Lumen Lantern $43.99
1 x Wanderer Quad Fold Beach Cart $169.99
1 x Spinifex 3 Piece Picnic Table Set White 3 Piece $99.00
1 x Oztrail Getaway Chair Grey $89.99
1 x Ht Shots Lump Charcoal 5kg $15.99
The total recommended retail value of the Prize is $3,000.00 (inclusive of GST) and is correct at the commencement of the Competition Period. The Promoter is not responsible for any variation in the value of the Prize.
The Prize is not transferrable or exchangeable and is not redeemable for cash. The Promoter reserves the right to provide, in substitution for the Prize, an alternative prize of equal or greater value if, for any reason whatsoever, the Promoter is unable to provide the Prize.
NOTIFICATION AND CLAIMING THE PRIZE
The Winners will be notified immediately via phone call, email or through listening to Power 94.9 FM at 11.00am (AEDT) on Friday 22 December 2023.
The Winner must claim their Prize at the Nowra Store by Monday 22 January 2024 (Prize Deadline).
If the Winner does not collect the Prize by the Prize Deadline the Promoter may deem the Prize forfeited and choose a new Winner for that Prize as though the Prize was not claimed before the Prize Deadline (see below).
RESERVE DRAW
In the event that a Winner fails to claim the Prize by the Prize Deadline, the Prize will be forfeited by the Winner and the Promoter will choose and notify a new Winner from the Reserve Winners (in the order they were drawn) for that Prize using the same process set out above.
The Reserve Winner must claim the Prize in the same method set out above for the Winner by no later than 24 Hours after being notified. In the event that the Prize is unclaimed following this 24 hour period, the Prize may be distributed at the Promoter’s absolute discretion.
DISQUALIFICATION
The Promoter may, in its sole discretion, discard or deem invalid any Eligible Entry or disqualify all entries by any Eligible Entrant if the relevant Eligible Entrant:
(a) breaches these Terms and Conditions;
(b) is unable to provide the Promoter with appropriate proof of identification;
(c) tampers with the entry process;
(d) engages in any conduct that may jeopardise the fair and proper conduct of the Competition or the Promoter;
(e) acts in a disruptive, annoying, threatening, abusive or harassing manner;
(f) does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Competition;
(g) breaches any law; or
(h) behaves in a way that is otherwise inappropriate.
ACKNOWLEDGMENTS BY PARTICIPANTS/WINNERS
You acknowledge and agree that:
(a) The purchase of Tobacco Products and Tobacco Related Products, as defined in each of the State and Territory laws, does not constitute a Purchase nor is it capable of being a Qualifying Action.
(a) The Promoter’s decision in connection with any aspect of this Competition (including any dispute) is final and no discussion or correspondence will be entered into.
(b) If, for GST purposes, this Competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
(c) The Promoter accepts no responsibility for any costs incurred by the Winner in connection with the use of the Prize or any tax implications that may arise from acceptance of the Prize.
(d) You are fully responsible for any materials you submit in connection with the Competition, including but not limited to comments, recordings and images (Content) and you indemnify the Promoter from and against any loss or damage incurred by the Promoter in connection with such Content.
(e) The Promoter may in its sole discretion remove or decline to publish any Content without notice for any reason whatsoever.
(f) If, for any reason, any aspect of this Competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to any applicable laws.
(g) Upon submission, all entries and Content automatically become the sole property of the Promoter. You agree to the Promoter using any entries or Content you submit for any purpose in connection with the Promoter’s business.
(h) The Winners agree to participate and cooperate in all publicity, editorial and promotional activities required by the Promoter, including but not limited to being interviewed, recorded and photographed without compensation. The Winners grant the Promoter a perpetual and exclusive licence to use the any such footage, recordings or photographs in all media worldwide and the Winner without notification or remuneration.
(i) Failure by the Promoter to enforce any of its rights under these Terms and Conditions at any time does not waive those rights.
(j) The Prize may involve activity which is inherently dangerous. You agree that any use of or participation in the Prize is at your own risk and you indemnify the Promoter from any loss or damage sustained by the Promoter in connection with your use of or participation in the Prize and that of any of your guests.
(k) The Prize is subject to terms and conditions set by the provider of the Prize. You acknowledge and agree that if you do not comply with or otherwise meet those terms and conditions, you may be unable to participate in the Prize. If this is the case, you agree that the Promoter will have no liability to you in connection with such ineligibility to participate and the Promoter may distribute the Prize to a Reserve Winner as set out in these Conditions.
(l) The Promoter will not be responsible for any additional costs incurred by the Winner in connection with the use of the Prize. The Winner (and if applicable, their guests) are responsible for all costs associated with using the Prize (if any), including without limitation, travel and transfer costs (except to the extent that travel forms part of the Prize), food and beverage costs, insurance costs and spending money.
LIMITATION OF LIABILITY
To the extent permitted by law, the Promoter and its associated agencies, companies and representatives associated with this Competition shall not be liable for:
(a) any claim, loss (including without limitation consequential loss or loss of profits), damage or expense, howsoever caused (including by the negligence, act or omission by the Promoter or any of its employees, agents or representatives);
(b) death, personal injury or illness suffered or sustained in connection with this Competition or the use of the Prize except for any liability which cannot be excluded by law;
(c) any incorrect, inaccurate or incomplete information communicated in the course of/or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter;
(d) entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted;
(e) any Content submitted by any person;
(f) any error, omission, interruption, deletion, defect, destruction or unauthorised access to or alteration of entries; or
(g) any loss of, damage to or delay in delivery of the Prize where such failure is beyond the control of the Promoter.
To the extent permitted by law, any liability of the Promoter, its employees, agents or contractors arising in connection with the Competition or the Prizes is limited to the re-supply of the Prizes or a similar prize of equal value.
If this Competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the Competition or disqualify affected entries/entrants, subject to necessary approval by the state/territory gaming authorities (if any).
Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
FACEBOOK/INSTAGRAM
The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. You are providing your information to the Promoter and not to Facebook, Instagram or any other social media platform. Entrants completely release Facebook, Instagram and any other social media platform from any and all liability in connection with the Competition.
PRIVACY
By entering the Competition and providing your personal information, you consent to the use of your personal information (as defined in the Privacy Act 1988) in the manner set out in these Terms and Conditions.
The Promoter collects personal information about you in order to conduct the Competition. If the personal information requested is not provided, you may not be able to participate.
The Promoter may also:
(a) use your personal information to contact you with special offers and marketing via any medium and to help improve its goods and services; and/or
(b) share your personal information with the Promoter’s Australian related companies, agents, contractors or promotional partners who may (together with the Promoter) contact you with special offers and marketing via any medium.
Where the Promoter holds personal information about you that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records.
The Promoter’s Privacy Policy available at https://www.giftbox.com.au/privacy-policy states:
(a) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
(b) how you can complain about a breach of privacy and how the Promoter will deal with such a complaint.
SMGB ‘Sign Up to Spin and Win’ Competition (Competition)
Terms and Conditions
By entering the Competition, you agree to be bound by the following Terms and Conditions:
PROMOTER
The Promoter is SEPL Pty Ltd as trustee for the SFT (ABN 75 492 874 033) trading as Smokemart & Giftbox (Promoter).
COMPETITION PERIOD
The Competition commences at 11:30 AM (ACST) on SATURDAY 26 AUGUST 2023 and ends at 2:30 pm (ACST) on SATURDAY 26 AUGUST 2023 (the Competition Period).
ELIGIBLE ENTRANTS
Entry is open to all SOUTH AUSTRALIAN (each, an Eligible State) residents, aged 18 years and over.
Directors, officers and employees of:
(a) the Promoter; or
(b) any companies or Commonwealth, State, Territory or local government agencies where the rules or guidelines applicable to such company or agency prohibit receipt of a prize; or
(c) the agencies or companies associated with this Competition,
and their immediate family members, cannot enter.
Any person who meets the above criteria is an ‘Eligible Entrant’. Entrance into the Competition is deemed acceptance of these Terms and Conditions.
The Promoter may require you to verify that you are an Eligible Entrant by providing evidence of your name, address, date of birth, email address or other personal details. Identification considered suitable for verification is at the discretion of the Promoter.
LOCATIONS
The Competition will run in the Promoter’s Mount Barker South Smokemart, Giftbox and VapeSquare store at Tenancy 18, 239 Wellington Road, Mount Barker South Australia 5251 (Participating Store) and online at www.giftbox.com.au (Online Location).
The Competition will be advertised in the Participating Store, on the Online Location, flyer distribution to households and on radio at Nova919.
HOW TO ENTER
During the Competition Period, Eligible Entrants must complete the Promoter’s entry form accessed via the Online Location with all required details, including:
(a) full name;
(b) date of birth;
(c) email address;
(d) phone number; and
(e) state they reside in.
Each Eligible Entrant who submits a competed form in accordance with the above during the Competition Period will automatically receive 1 entry to spin the wheel (Eligible Entry). If an Eligible Entrant has already won a Prize, the Promoter may declare invalid any Eligible Entries by that Eligible Entrant.
All entries are deemed received at the time of receipt by the Promoter, not at the time you transmit the completed form.
The Promoter reserves the right to exclude any incomplete, illegible or incorrect entry or any entry containing offensive, derogatory or defamatory comments, which reflects negatively on the Promoter or which breaches any law or infringes any third party rights.
MAXIMUM ENTRIES
One (1) Eligible Entry per Eligible Entrant.
The Promoter may, in its sole discretion, disqualify any person who (a) does not complete all details required on the form or the details are illegible, and/or (b) submits more than
Competition Terms & Conditions – SMGB ‘ Sign Up to Spin and Win’ Competition 2
one Eligible Entry, and may deem that any Eligible Entry made by that person is excluded.
PRIZE DRAW
There will be eighty four (84) winners of the Competition (each, a Winner).
The Winners will be determined instantly during the Competition Period (Draw) at the Participating Store (Draw Location). The Winners will be determined instantly on the basis of using a wheel to spin that chooses the Winner at random.
Each Eligible Entry has an equal chance of being drawn.
Each Winner will be awarded a Prize in accordance with these Terms and Conditions.
The Promoter may draw additional reserve entries and record them in order, in case a Winner is deemed invalid, or a Prize is unclaimed (Reserve Winners).
PRIZE
There are 84 prizes available (each, a Prize), with one (1) Prize awarded to each Winner.
The Prizes on offer are the following: Prize Packs, Contents, Number of Packs. RRP (incl GST) for each Prize Pack
Gift Card / 1 x $20 VISA Gift Card / 20 / $400
Snorkel / 1 x ‘Pissed’ Beer Snorkel Black / 10 / $150
Game / 1 x Game Baliopoly / 10 / $299.90
Blue Candle / 1 x Miakoda Candle Sydney Sunday 220g Blue / 6 / $60
Pink Candle / 1 x Miakoda Candle Pink Spring Flowers Jasmine Rose and Mimose/ 6 / $60
Iridescent Candle / 1 x Miakoda Candle Over the Rainbow 220g / 6 / $60
Pearl Candle / 1 x Miakoda Candle Forever Florence 220g Pearl / 6 / $60
Store Voucher / 1 x 20% off Storewide Voucher* / 20 / N/A
The total recommended retail value of the Prize is $1,089.90 (inclusive of GST) and is correct at the commencement of the Competition Period. The Promoter is not responsible for any variation in the value of the Prize.
The Prize is not transferrable or exchangeable and is not redeemable for cash. The Promoter reserves the right to provide, in substitution for the Prize, an alternative prize of equal or greater value if, for any reason whatsoever, the Promoter is unable to provide the Prize.
*Not applicable to the purchase of Tobacco Products or Tobacco Related Products as they may be defined in any state or federal legislation.
NOTIFICATION AND CLAIMING THE PRIZE
The Winners will be notified immediately at the Participating Store.
The name of the Winner will be displayed at the Draw Location and on the Promoter’s website (www.giftbox.com.au) for a period of 7 days after the Draw.
The Winner must claim their Prize immediately at the Participating Store but no later than 26 August 2023 (Prize Deadline).
Competition Terms & Conditions – SMGB ‘ Sign Up to Spin and Win’ Competition 3
If the Winner does not collect the Prize by the Prize Deadline the Promoter may deem the Prize forfeited and choose a new Winner for that Prize as though the Prize was not claimed before the Prize Deadline (see below).
RESERVE DRAW
In the event that a Winner fails to claim the Prize by the Prize Deadline, the Prize will be forfeited by the Winner and the Promoter will choose and notify a new Winner from the Reserve Winners (in the order they were drawn) for that Prize using the same process set out above.
The Reserve Winner must claim the Prize in the same method set out above for the Winner by no later than 24 Hours after being notified. In the event that the Prize is unclaimed following this 24 hour period, the Prize may be distributed at the Promoter’s absolute discretion.
DISQUALIFICATION
The Promoter may, in its sole discretion, discard or deem invalid any Eligible Entry or disqualify all entries by any Eligible Entrant if the relevant Eligible Entrant:
(a) breaches these Terms and Conditions;
(b) is unable to provide the Promoter with appropriate proof of identification;
(c) tampers with the entry process;
(d) engages in any conduct that may jeopardise the fair and proper conduct of the Competition;
(e) acts in a disruptive, annoying, threatening, abusive or harassing manner;
(f) does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Competition;
(g) breaches any law; or
(h) behaves in a way that is otherwise inappropriate.
ACKNOWLEDGMENTS BY PARTICIPANTS/WINNERS
You acknowledge and agree that:
(a) The purchase of Tobacco Products, as defined in each of the State and Territory laws, does not constitute a Eligible Entry nor is it capable of being an Eligible Entry.
(a) The Promoter’s decision in connection with any aspect of this Competition (including any dispute) is final and no discussion or correspondence will be entered.
(b) If for GST purposes this Competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
(c) The Promoter accepts no responsibility for any costs incurred by a Winner in connection with the use of their Prize or any tax implications that may arise from acceptance of the Prize.
(d) You are fully responsible for any materials you submit in connection with the Competition, including but not limited to comments, recordings and images (Content) and you indemnify the Promoter from and against any loss or damage incurred by the Promoter in connection with such Content.
(e) The Promoter may in its sole discretion remove or decline to publish any Content without notice for any reason whatsoever.
(f) If for any reason any aspect of this Competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to any applicable laws.
(g) Upon submission, all entries and Content automatically become the sole property
Competition Terms & Conditions – SMGB ‘ Sign Up to Spin and Win’ Competition 4
of the Promoter. You agree to the Promoter using any entries or Content you submit for any purpose in connection with the Promoter’s business.
(h) The Winners agree to participate and cooperate in all publicity, editorial and promotional activities required by the Promoter, including but not limited to being interviewed, recorded and photographed without compensation. The Winners grant the Promoter a perpetual and exclusive licence to use the any such footage, recordings or photographs in all media worldwide and the Winner without notification or remuneration.
(i) Failure by the Promoter to enforce any of its rights under these Terms and Conditions at any time does not waive those rights.
(j) The Prize may involve activity which is inherently dangerous. You agree that any use of or participation in the Prize is at your own risk and you indemnify the Promoter from any loss or damage sustained by the Promoter in connection with your use of or participation in the Prize and that of any of your guests.
(k) The Prize is subject to terms and conditions set by the provider of the Prize. You acknowledge and agree that if you do not comply with or otherwise meet those terms and conditions, you may be unable to participate in the Prize. If this is the case, you agree that the Promoter will have no liability to you in connection with such ineligibility to participate and the Promoter may distribute the Prize to a Reserve Winner as set out in these Conditions.
(l) The Promoter encourages responsible consumption of alcohol. You agree that your Eligible Entries, and any use of the Prize will be in accordance with all relevant laws and guidelines surrounding responsible consumption of alcohol. The Promoter may immediately remove any Eligible Entry that the Promoter, in its sole discretion, considers may promote irresponsible behaviour or behaviour contrary to law.
(m) The Promoter will not be responsible for any additional costs incurred by the Winner in connection with the use of the Prize. The Winner (and if applicable, their guests) are responsible for all costs associated with using the Prize, including without limitation, travel and transfer costs (except to the extent that travel forms part of the Prize), food and beverage costs, insurance costs and spending money.
LIMITATION OF LIABILITY
To the extent permitted by law, the Promoter and its associated agencies, companies and representatives associated with this Competition shall not be liable for:
(a) any claim, loss (including without limitation consequential loss or loss of profits), damage or expense, howsoever caused (including by the negligence, act or omission by the Promoter or any of its employees, agents or representatives);
(b) death, personal injury or illness suffered or sustained in connection with this Competition or the use of the Prize except for any liability which cannot be excluded by law;
(c) any incorrect, inaccurate or incomplete information communicated in the course of/or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter;
(d) entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted;
(e) any Content submitted by any person;
(f) any error, omission, interruption, deletion, defect, destruction or unauthorised access to or alteration of entries; or
(g) any loss of, damage to or delay in delivery of the Prize where such failure is beyond the control of the Promoter.
To the extent permitted by law, any liability of the Promoter, its employees, agents or contractors arising in connection with the Competition or the Prizes is limited to the re-supply of the Prizes or a similar prize of equal value.
If this Competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised
Competition Terms & Conditions – SMGB ‘ Sign Up to Spin and Win’ Competition 5
intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the Competition or disqualify affected entries/entrants, subject to necessary approval by the state/territory gaming authorities (if any).
Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
FACEBOOK/INSTAGRAM
The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. You are providing your information to the Promoter and not to Facebook, Instagram or any other social media platform. Entrants completely release Facebook, Instagram and any other social media platform from any and all liability in connection with the Competition.
PRIVACY
By entering the Competition and providing your personal information, you consent to the use of your personal information (as defined in the Privacy Act 1988) in the manner set out in these Terms and Conditions.
The Promoter collects personal information about you in order to conduct the Competition. If the personal information requested is not provided, you may not be able to participate.
The Promoter may also:
(h) use your personal information to contact you with special offers and marketing via any medium and to help improve its goods and services; and/or
(i) share your personal information with the Promoter’s Australian related companies, agents, contractors or promotional partners who may (together with the Promoter) contact you with special offers and marketing via any medium.
Where the Promoter holds personal information about you that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records.
The Promoter’s Privacy Policy available at https://www.giftbox.com.au/privacy-policy states:
(j) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
(k) how you can complain about a breach of privacy and how the Promoter will deal with such a complaint
SMGB ‘HERVEY BAY’ Sign Up & Win Competition
Terms and Conditions
By entering the Competition, you agree to be bound by the following Terms and Conditions:
PROMOTER
The Promoter is SEPL Pty Ltd as trustee for the SFT (ABN 75 492 874 033) trading as Smokemart & Giftbox (Promoter).
COMPETITION PERIOD
The Competition commences at 08:00 AM (AEST) on Saturday 13 May 2023 and ends at 5:00pm (AEST) on Thursday 9 June 2023 (the Competition Period).
ELIGIBLE ENTRANTS
Entry is open to all Queensland (each, an Eligible State) residents, aged 18 years and over.
Directors, officers and employees of:
(a) the Promoter; or
(b) any companies or Commonwealth, State, Territory or local government agencies where the rules or guidelines applicable to such company or agency prohibit receipt of a prize; or
(c) the agencies or companies associated with this Competition,
and their immediate family members, cannot enter.
Any person who meets the above criteria is an ‘Eligible Entrant’. Entrance into the Competition is deemed acceptance of these Terms and Conditions.
The Promoter may require you to verify that you are an Eligible Entrant by providing evidence of your name, address, date of birth, email address or other personal details. Identification considered suitable for verification is at the discretion of the Promoter.
LOCATIONS
The Competition will run in the Promoter’s Smokemart & GiftBox store at Hervey Bay Plaza, Shop 2, Bay Plaza, 27 Torquay Road, Hervey Bay Queensland 4655 (Participating Store) and online at www.giftbox.com.au (Online Location).
HOW TO ENTER
During the Competition Period, Eligible Entrants must complete the Promoter’s entry form accessed via the QR code displayed in the Participating Store with all required details, including:
(a) full name;
(b) date of birth;
(c) email address; and
(d) state they reside in.
Each Eligible Entrant who submits a competed form in accordance with the above during the Competition Period for that Weekly Draw will automatically receive 1 entry into the relevant Weekly Draw (Eligible Entry). If an Eligible Entrant has already won a Prize in another Weekly Draw, the Promoter may declare invalid any Eligible Entries by that Eligible Entrant in later Weekly Draws.
All entries are deemed received at the time of receipt by the Promoter, not at the time you transmit the completed form.
The Promoter reserves the right to exclude any incomplete, illegible or incorrect entry or any entry containing offensive, derogatory or defamatory comments, which reflects negatively on the Promoter or which breaches any law or infringes any third party rights.
MAXIMUM ENTRIES
One (1) Eligible Entry per Eligible Entrant.
The Promoter may, in its sole discretion, disqualify any person who (a) does not complete all details required on the form or the details are illegible, and/or (b) submits more than one Eligible Entry, and may deem that any Eligible Entry made by that person is excluded.
PRIZE DRAW
There will be four (4) winners of the Competition (each, a Winner) (Weekly Draw).
The Winner of each Weekly Draw will be the first (1st) Eligible Entry drawn randomly from the entries received during the Competition Period for that Weekly Draw, which will take place at the Promoter’s office at 270 The Parade, Kensington SA 5068 (Draw Location) at 9:00AM (ACST) on the day set out next to that Weekly Draw in the following table (Prize Draw):
Weekly Draw
Week 1 - 19/05/2023
Week 2-26/05/2023
Week 3 -02/06/2023
Week 4 -09/06/2023
Each Eligible Entry has an equal chance of being drawn.
Each Winner will be awarded a Prize in accordance with these Terms and Conditions.
The Promoter may draw additional reserve entries and record them in order, in case a Winner is deemed invalid, or a Prize is unclaimed (Reserve Winners).
PRIZE
There are 4 prizes available (each, a Prize), with one (1) Prize awarded to each Winner.
Each Prize is made up of the following:
Prize Pack : 1 x $100 Visa Gift Card
Number of packs: 4
RRP (incl GST) : $400
The total recommended retail value of the Prize is $100 (inclusive of GST) and is correct at the commencement of the Competition Period. The Promoter is not responsible for any variation in the value of the Prize.
The Prize is not transferrable or exchangeable and is not redeemable for cash. The Promoter reserves the right to provide, in substitution for the Prize, an alternative prize of equal or greater value if, for any reason whatsoever, the Promoter is unable to provide the Prize.
NOTIFICATION AND CLAIMING THE PRIZE
The Winners will be notified via email (as provided in their Eligible Entry) by 5:00pm (ACST) on the ‘Winner Notified’ date set out next to the relevant Weekly Draw in the following table:
WEEK 1
Winner notified: 19/05/2023 Deadlne to claim: 18/06/2023
Week 2
Winner notified: 26/05/2023 Deadlne to claim: 25/06/2023
Week 3
Winner notified: 02/06/20233 Deadlne to claim: 02/07/2023
Week 4
Winner notified: 09/06/2023 Deadlne to claim: 09/07/2023
Each Winner must claim the Prize by no later than 12:00am on the ‘Deadline to Claim’ set out next to the relevant Weekly Draw in the table above (Prize Deadline).
The Prize must be collected from the Participating Store by the Winner as required by these Terms and Conditions, provided that the Prize can only be collected by the Winner providing valid photo ID. If the Winner does not provide collect the Prize by the Prize Deadline or the Winner does not provide photo ID for collection, the Promoter may deem the Prize forfeited and choose a Reserve Winner for that Prize as though the Prize was not claimed before the Prize Deadline (see below).
RESERVE DRAW
In the event that a Winner fails to claim the Prize by the Prize Deadline, the Prize will be forfeited by the Winner and the Promoter will choose and notify a new Winner from the Reserve Winners (in the order they were drawn) for that Prize using the same process set out above.
The Reserve Winner must claim the Prize in the same method set out above for the Winner by no later than 24 Hours after being notified. In the event that the Prize is unclaimed following this 24 hour period, the Prize may be distributed at the Promoter’s absolute discretion.
DISQUALIFICATION
The Promoter may, in its sole discretion, discard or deem invalid any Eligible Entry or disqualify all entries by any Eligible Entrant if the relevant Eligible Entrant:
(a) breaches these Terms and Conditions;
(b) is unable to provide the Promoter with appropriate proof of identification;
(c) tampers with the entry process;
(d) engages in any conduct that may jeopardise the fair and proper conduct of the Competition;
(e) acts in a disruptive, annoying, threatening, abusive or harassing manner;
(f) does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Competition;
(g) breaches any law; or
(h) behaves in a way that is otherwise inappropriate.
ACKNOWLEDGMENTS BY PARTICIPANTS/WINNERS
You acknowledge and agree that:
(a) The purchase of Tobacco Products, as defined in each of the State and Territory laws, is not capable of being, or facilitating, an Eligible Entry.
(a) The Promoter’s decision in connection with any aspect of this Competition (including any dispute) is final and no discussion or correspondence will be entered.
(a) If for GST purposes this Competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
(b) The Promoter accepts no responsibility for any costs incurred by a Winner in connection with the use of their Prize or any tax implications that may arise from acceptance of the Prize.
(c) You are fully responsible for any materials you submit in connection with the Competition, including but not limited to comments, recordings and images (Content) and you indemnify the Promoter from and against any loss or damage incurred by the Promoter in connection with such Content.
(d) The Promoter may in its sole discretion remove or decline to publish any Content without notice for any reason whatsoever.
(e) If for any reason any aspect of this Competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to any applicable laws.
(f) Upon submission, all entries and Content automatically become the sole property of the Promoter. You agree to the Promoter using any entries or Content you submit for any purpose in connection with the Promoter’s business.
(g) The Winners agree to participate and cooperate in all publicity, editorial and promotional activities required by the Promoter, including but not limited to being interviewed, recorded and photographed without compensation. The Winners grant the Promoter a perpetual and exclusive licence to use the any such footage, recordings or photographs in all media worldwide and the Winner without notification or remuneration.
(h) The Prize may involve activity which is inherently dangerous. You agree that any use of or participation in the Prize is at your own risk and you indemnify the Promoter from any loss or damage sustained by the Promoter in connection with your use of or participation in the Prize and that of any of your guests.
(i) The Prize is subject to terms and conditions set by the provider of the Prize. You acknowledge and agree that if you do not comply with or otherwise meet those terms and conditions, you may be unable to participate in the Prize. If this is the case, you agree that the Promoter will have no liability to you in connection with such ineligibility to participate and the Promoter may distribute the Prize to a Reserve Winner as set out in these Conditions.
LIMITATION OF LIABILITY
To the extent permitted by law, the Promoter and its associated agencies, companies and representatives associated with this Competition shall not be liable for:
(a) any claim, loss (including without limitation consequential loss or loss of profits), damage or expense, howsoever caused (including by the negligence, act or omission by the Promoter or any of its employees, agents or representatives);
(a) death, personal injury or illness suffered or sustained in connection with this Competition or the use of the Prize except for any liability which cannot be excluded by law;
(b) any incorrect, inaccurate or incomplete information communicated in the course of/or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter;
(c) entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted;
(d) any Content submitted by any person;
(e) any error, omission, interruption, deletion, defect, destruction or unauthorised access to or alteration of entries; or
(f) any loss of, damage to or delay in delivery of the Prize where such failure is beyond the control of the Promoter.
To the extent permitted by law, any liability of the Promoter, its employees, agents or contractors arising in connection with the Competition or the Prizes is limited to the re-supply of the Prizes or a similar prize of equal value.
If this Competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the Competition or disqualify affected entries/entrants, subject to necessary approval by the state/territory gaming authorities (if any).
Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
FACEBOOK/INSTAGRAM
The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. You are providing your information to the Promoter and not to Facebook, Instagram or any other social media platform. Entrants completely release Facebook, Instagram and any other social media platform from any and all liability in connection with the Competition.
PRIVACY
By entering the Competition and providing your personal information, you consent to the use of your personal information (as defined in the Privacy Act 1988) in the manner set out in these Terms and Conditions.
The Promoter collects personal information about you in order to conduct the Competition. If the personal information requested is not provided, you may not be able to participate.
The Promoter may also:
(a) use your personal information to contact you with special offers and marketing via any medium and to help improve its goods and services; and/or
(a) share your personal information with the Promoter’s Australian related companies, agents, contractors or promotional partners who may (together with the Promoter) contact you with special offers and marketing via any medium.
Where the Promoter holds personal information about you that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records.
The Promoter’s Privacy Policy available at https://www.giftbox.com.au/privacy-policy states:
(b) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
how you can complain about a breach of privacy and how the Promoter will deal with such a complaint.