SMGB Sign Up & Win Competition ‘chance to win a 1 out of 7 $100’ Visa Gift Card’

Terms and Conditions

By entering the Competition, you agree to be bound by the following Terms and Conditions:

 

PROMOTER
The Promoter is Viva Energy Retail SMGB Pty Ltd (ABN 44 670 895 904) trading as Smokemart & GiftBox (Promoter).

COMPETITION PERIOD
The Competition commences at 08:00 AM (ACST) on Monday 3rd February 2025 and ends at 11:59 (ACST) on Saturday 16th February 2025 (the Competition Period).

ELIGIBLE ENTRANTS
Entry is open to the following States (SA, WA, NSW, VIC, QLD, NT, TAS) (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 at Promoter’s all 278 Smokemart & Giftbox stores and the Promoter’s Smokemart & GiftBox online website https://www.giftbox.com.au/sign-up-to- win (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 all SMGB Participating Store with all required details, including:

(a)     Full Name;

(b)     Email Address;

(c)     Postcode;

(d)     Date of Birth;

(e)     Gender;

(f)      Age Group;

(g)     Who Do You Usually Shop For;

(h)     What's your typical gift budget;

(i)      How often do you buy gifts in a year; and

(j)      Which categories of products catch your eye the most

(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, 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
The Winner will be drawn randomly by an employee of the Promoter’s office at 270 The Parade, Kensington, SA 5068 (Draw Location) at 2:00 PM (ACST) on Monday, 17th February 2025 (Draw). The Winners will be determined instantly by drawing a name at random from a box containing all the names of Eligible Entrants.

There will be seven (7) Winners of the Competition, with one Winner selected from each of the following states: SA, WA, NSW, VIC, QLD, NT, and TAS. 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 7 prizes available (each, a Prize), with one (1) Prize awarded to each Winner at each of the following states (SA, WA, NSW, VIC, QLD, NT, TAS) .

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).

Each Winner must collect their Prize from the selected Store after being notified that the Gift Card has arrived, and no later than Friday 28th February 2025 ("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.

(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.

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.