Terms and Conditions.
THE AUSTRALIAN VOLUNTEER COAST GUARD (“AVCGA”)
LOYALTY PROMOTION 2019
1. Information on how to participate and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3. Employees and paid contractors (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Promotion commences on 12 August 2019 and ends for subscription purchases at 5pm on 2 August 2020 (“Promotional Period”). All entries for instant win prizes must be received by 11.59pm on 9 August 2020. All times in these Terms and Conditions are AEST or AEDST as applicable, per local VIC time.
5. The Promoter is the issuer of a loyalty subscription program (“AVCGA Loyalty Program”), which features exclusive product bundles and discounts on selected products, available for purchase by its members only. To be eligible to enter this Promotion, individuals must become a member of the AVCGA Loyalty Program by purchasing a subscription to the AVCGA Loyalty Program during the Promotional Period, via the AVCGA Loyalty Program promotional team, in accordance with clause 6. Once they subscribe to the AVCGA Loyalty Program, as part of this promotion, each entrant will receive:
a) One (1) automatic entry into the major prize draw;
b) a welcome video and access to exclusive product bundles and discounts available via the AVCGA Loyalty Program, as listed at www.prizeshop.com.au;
c) a digital game card containing one (1) chance to win an instant cash prize, by following the instructions in clauses 10 and 11.
6. The AVCGA Loyalty Program promotional team will be in various community shopping centres and residential areas throughout Australia at selected times during the Promotional Period. An individual must follow the prompts of the promotional team to purchase an AVCGA Loyalty Program subscription and provide their requested details, including credit card details.
7. Once an individual makes an eligible subscription purchase and registers their contact details with a member of the promotional team, they will receive one (1) automatic entry into the major prize draw for the chance to play a contingency game for the chance to win $250,000 cash.
8. Upon subscribing, individuals will be sent an email (to the email address provided) with the details of their subscription, a welcome video and a link to their digital game card.
9. Purchase of any products via the AVCGA Loyalty Program is subject to the Terms and Conditions of the AVCGA Loyalty Program, available at www.avcgashop.com.au.
10. For the chance to win an instant prize, the entrant must click on the digital game card link (found in the email referred to in clause 8 above) and then use their cursor to scratch the game panel on the digital game card to reveal if they have won an instant cash prize, by 11.59pm on 9 August 2020.
11. If an entrant’s digital game card indicates on screen that they have won an instant prize, entrants must claim their prize by taking a screen grab of their winning digital card and emailing the screen grab, along with their name, address and contact phone number to firstname.lastname@example.org, so that it is received by 11.59pm on 9 November 2020. Upon receipt and verification of the winning game card, the Promoter will send a cheque for the winning prize amount to the winner’s nominated address.
12. The Promoter reserves the right, at any time, to verify the validity of entries, claims and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry/claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
13. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
14. Incomplete, indecipherable, or illegible entries/game cards will be deemed invalid.
15. The major prize draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on 7 August 2020 at 11am in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
16. The first valid entry drawn in the major prize draw will win that entrant (the “Participant”) the opportunity to play a contingency game (the “Game”) for the chance to win $250,000.
17. The Game will take place at The Australian Volunteer Coast Guard, Jetty Road, Sandringham, Victoria on 17 August 2020 at 12.00pm. All costs associated with attending the Game are the sole responsibility of the Participant. If the Participant cannot attend the Game, the Participant may participate in the Game via telephone whereby they will select a number between 1 and 200 (inclusive) and a representative of the Promoter will write that number on their behalf. In the event the Promoter has not been able to contact the Participant before the start of the Game, a representative of the Promoter will play the Game on the Participant’s behalf.
18. There will be one (1) sealed tamper proof envelope on display containing a single number between 1 and 200 (the “Winning Number”) at the start of the Game. The Participant/representative (“Attendee”) must provide the Promoter with a single number between 1 and 200 that will be written down by the Promoter (the “Attendee’s Chosen Number”). The Promoter will then open the sealed envelope to reveal the Winning Number. The Attendee must not touch, handle or interfere in any way with the game materials on display including the sealed envelope or the Attendee’s Chosen Number. If the Attendee is found to have breached this condition, he/she will be disqualified. If the Attendee’s Chosen Number is the same as the Winning Number, then, subject to verification by the judges, the drawn Participant will win $250,000. If the Attendee’s Chosen Number is not the same as the Winning Number, then the $250,000 prize will not be given away and, subject to verification by the judges, the drawn Participant will win $5,000. The prize will be awarded as a cheque made payable in the Participant’s name within twenty-eight (28) days of the Game
19. The drawn Participant’s odds of winning the $250,000 prize are 1 in 200. The odds of being drawn as a Participant may be significantly higher than the odds of the drawn Participant winning the major prize and will depend upon the number of entries received.
20. The Game will be supervised by a representative from Anisimoff Legal, 492 St Kilda Road, Melbourne VIC 3004.
21. Instant win prizes: 100 x $20. Instant prizes will be awarded in the form of a cheque. Total prize pool value of all instant win prizes is $2,000.00.
22. Total potential prize pool value is up to $252,000.00.
23. All instant winners will be notified in writing on screen via their digital game card. The major prize draw winner will be notified by telephone and email within two (2) business days of the draw. Any instant prize winners from ACT and the major prize winner will have their name published on www.prizeshop.com.au and www.coastguard.com.au from 12 August 2020. In the event the major prize winner is an SA resident, their name will also be published in The Advertiser on 12 August 2020.
24. The Promoter’s decision is final, and no correspondence will be entered into.
25. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
26. Prizes, or any unused portion of a prize, are not transferable or exchangeable. If a prize is not won, claimed, taken or redeemed by the time specified by the Promoter and as outlined herein, the prize will be forfeited.
27. A draw for any unclaimed prizes may take place on 10 November 2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. In the event the major prize is unclaimed and must be awarded in the unclaimed prize draw, the Game will still take place as scheduled, with a representative of the Promoter playing the Game, and the drawn unclaimed prize draw winner will win the prize determined as a result of the Game. Winners, if any, will be notified by phone and email within two (2) business days of the draw. Any instant prize winners from ACT and the major prize winner’s name (if one is required) will be published on www.prizeshop.com.au and www.coastguard.com.au from 12 November 2020. In the event the major prize winner is an SA resident, their name will also be published in The Advertiser on 16 November 2020.
28. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
29. Each entrant agrees that by entering into this promotion, the Promoter and the Promoter’s partner(s), including but not limited to the AVCGA, will be permitted to market the Promoter’s, AVCGA’s and other partner’s products and services to the entrant using the entrant’s entry details.
30. All discounts and offers available for redemption via the AVCGA Loyalty Program are subject to the standard terms and conditions of the providing company. No association with that company is implied by this promotion.
31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
32. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
33. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
34. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Instant win game cards will be void if stolen, forged, mutilated or tampered with in any way. There will be a total of 150,000 digital game cards available for distribution in this promotion.
35. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the participating States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
36. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking of or use of a prize.
38. As a condition of accepting a prize, each winner must sign any legal documentation as required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
39. The promoter for this promotion is Loyalty.com.au, 11 Springfield Avenue, Toorak, VIC 3142, ABN: 581 008 08 991 (“Promoter”). This promotion is conducted with the approval of The Australian Volunteer Coast Guard (ABN 96 514 115 810). At least fifteen per cent of each subscription purchase made through this promotion will be donated to the AVCGA to support their funding requirements. For all enquiries please email email@example.com.
NSW Permit No. LTPS/19/36743 ACT Permit No. TP19/03881 SA Permit No. T19/1270