Promotion: Smith's Game of Life 2023 Promotion - NATIONAL
Permit number(s): Authorised under NSW Authority No.TP/00653. ACT Permit No. TP22/ 01510. SA Permit No. T22/1207
Promoter: The Smith’s Snackfood Company Pty Ltd (ABN 31 057 976 940), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.
Entry Restrictions: Entry to the Promotion is open to Australian residents currently living in Australia, aged 16 years and over who fulfil the entry requirements. 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.
Directors, management, employees, officers, and contractors (and their immediate families) of the Promoter or of the agencies associated with this Promotion are ineligible to enter.
“Immediate families” includes a spouse, ex-spouse, de-facto spouse, parent, step-parent, child or step-child (whether natural or adopted), sibling or step-sibling (whether natural or adopted), grandparent, aunt, uncle, niece, nephew or cousin, whether or not they live in the same household as the director, manager, employee, officer or contractor.
Promotion Period: Starts at 12:00am (Sydney time) on 01/04/2023. Ends at 11:59pm (Sydney time) on 31/05/2023.
Entry Mechanic:
To participate, individuals must during the Promotion Period:
1. Purchase any Smith’s Pack during the Promotional Period from any retailer nationally in Australia. A Smith’s Pack is any Smith’s branded packet of chips of any flavour or size;
2. Download the Snackback app (“the App”) if not done so already. The App is available to download for free from the App Store and Google Play;
3. Register for a Snackback account on the App if not done so already by following the prompts and inputting the requested details (including but not limited to full name, a valid email address, mobile phone number and date of birth), setting a password and agreeing to the terms of use and privacy policy as indicated.
4. Once registered and logged in, click on the Smith’s Game of Life tab within the App, input their purchase details including where they made their purchase of a Smith’s Pack, and upload their receipt when prompted. For clarity, entrants will be able to go straight to the Game of Life Tab within the App once registered. Entrants will only have to register once;
5. Submit the fully completed entry form via the App; and then
6. Play the Smith’s Game of Life game by spinning the virtual wheel as prompted on the App.
Each valid entry will be eligible to play the Smith’s Game of Life Game by spinning a wheel to reveal whether or not they are a provisional winner of an Instant Prize (“Instant Prize”) as well as receive an entry into the draw for the major prize (“Major Prize”).
Entrants must retain a copy of their purchase receipt as proof of purchase for all entries. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotion Period but prior to entry.
Maximum Number of Entries: Multiple entries are permitted, subject to the following: (a) only one (1) entry is permitted per Smith’s Pack purchased; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of three (3) entries are permitted per person per day.
Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own name.
Instant Prizes: Instant Prizes are available to be won randomly by way of a computerized system throughout the Promotional Period. Prizes available to be won, at random, during the Promotional Period include:
|
Prize |
Brand |
RRP |
Qty |
Total RRP |
|
Boardgames |
Game of Life |
$25.00 |
360 |
$9,000 |
|
|
|
|
|
|
|
Smiths Chips |
Digital Prepaid Mastercard® |
$5.00 |
1250 |
$6,250 |
|
|
|
|
|
|
|
Travel |
Flight Centre eGift Cards |
$250.00 |
20 |
$5,000.00 |
|
|
|
$500.00 |
3 |
$1,500.00 |
|
|
|
$1,000.00 |
1 |
$1,000.00 |
|
|
|
$2,500.00 |
1 |
$2,500.00 |
|
|
|
$5,000.00 |
1 |
$5,000.00 |
|
|
|
|
|
|
|
Electronics |
JB Hi-fi Gift Cards |
$500.00 |
5 |
$2,500.00 |
|
|
|
$2,000.00 |
3 |
$6,000.00 |
|
|
|
$5,000.00 |
1 |
$5,000.00 |
|
|
|
|
|
|
|
Homewares |
Freedom Gift Cards |
$1,000.00 |
3 |
$3,000.00 |
|
|
|
$2,500.00 |
1 |
$2,500.00 |
|
|
|
|
|
|
|
Shopping |
Westfield Gift Cards |
$50.00 |
30 |
$1,500.00 |
|
|
|
$100.00 |
20 |
$2,000.00 |
|
|
|
$250.00 |
10 |
$2,500.00 |
|
|
|
|
|
|
|
Entertainment |
Ticketek Gift Voucher |
$50.00 |
30 |
$1,500.00 |
|
|
|
$100.00 |
20 |
$2,000.00 |
|
|
|
$150.00 |
10 |
$1,500.00 |
|
|
|
|
|
|
|
Food/Travel |
Uber Eats Vouchers |
$25.00 |
100 |
$2,500.00 |
|
|
|
$50.00 |
50 |
$2,500.00 |
|
|
|
$100.00 |
20 |
$2,000.00 |
|
|
|
|
|
|
|
Petrol/Food |
Digital Prepaid Mastercard® |
$25.00 |
30 |
$750.00 |
|
|
|
$50.00 |
20 |
$1,000.00 |
|
|
|
$100.00 |
10 |
$1,000.00 |
|
|
|
$200.00 |
5 |
$1,000.00 |
|
|
|
|
|
|
|
Totals |
|
|
2004 |
$71,000 |
Any ancillary costs associated with redeeming a Gift Card/eGift Card/Voucher are not included. Any unused balance of a Gift Card will not be awarded as cash. Redemption of a Gift Card/eGift Card/Voucher is subject to any terms and conditions of the issuer including those specified on the Gift Card/eGift Card/Voucher.
The Freedom Gift Card & Freedom e-Gift Card is subject to terms and conditions of use - see https://www.freedom.com.au/freedom-gift-card-terms-and-conditions.
The Flight Centre eGift Card is subject to terms and conditions of use - see https://www.flightcentre.com.au/gift-card-terms-and-conditions
The JB Hi-Fi eGift Card is subject to terms and conditions of use - see https://support.jbhifi.com.au
The Westfield Gift Card & Westfield e-Gift Card is subject to terms and conditions of use - see https://www.westfield.com.au/terms-and-conditions#gift-card-product-terms-and-conditions and https://www.westfield.com.au/terms-and-conditions#digital-gift-card-product-terms-and-conditions respectively.
The Ticketek Voucher is subject to terms and conditions of use - see https://premier.ticketek.com.au/shows/show.aspx?sh=GIFTSTC08.
Any ancillary costs associated with redeeming an Uber Eats Voucher are not included. Any unused balance of an Uber Eats Voucher will not be awarded as cash or credits. Redemption of an Uber Eats Voucher is subject to any terms and conditions of the issuer. To redeem an Uber Eats Voucher, the Uber Eats Voucher code must be applied to the Wallet section of the Uber App or Uber Eats App (as applicable) prior to requesting a service. If you are eligible to receive multiple Uber Eats Vouchers, your first voucher must be used before the second voucher can be loaded to your Uber account; and so forth. Uber Eats Voucher(s) are valid from the issue date and expire on 31/08/2023. Vouchers are not transferable / exchangeable / redeemable for cash. Taxes, fees, and tips will be covered provided that the value of the Uber Eats Voucher is greater than the total order amount. Vouchers are only redeemable for rides or orders placed via the Uber or Uber Eats app within Australian cities where Uber or Uber Eats is available (as applicable). Once redeemed, the value of an Uber Eats Voucher is not transferable to any other Uber or Uber Eats accounts. Neither Uber Pacific Pty Ltd (or its affiliates) nor Promoter are liable if a voucher or any portion of it is not used by the expiry date. Issues involving redemption and/or use of the Uber Eats Voucher code should be directed to the Promoter. If your postcode is deemed to be outside an Uber service area, you will instead receive a Vault Pays-enabled Prepaid Mastercard® to the equivalent.
The Digital Prepaid Mastercard® is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard. T&Cs apply. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated. Redemption of the Digital Prepaid Mastercard is subject to the standard terms and conditions, which can be found at https://thecardnetwork.com.au/pages/terms-conditions. Any ancillary costs associated with redeeming a Digital Prepaid Mastercard are not included. Any unused balance of a Digital Prepaid Mastercard will not be awarded as cash. Redemption of a Digital Prepaid Mastercard is subject to any terms and conditions of the issuer including those specified on the Digital Prepaid Mastercard.
The names of any ACT resident of an Instant Prize, SA resident of an Instant Prize valued at over $250, or VIC resident of an Instant Prize valued at over $1,000 will be published and within the App on 13/06/2023.
Winners of an Instant Prize will be deemed provisional winners until verified by the Promoter.
Major Draw: There will be one (1) draw conducted at the end of the promotion from all valid entries received. The draw will take place at Pilgrim Communications 51A, 23 Norton Street, Leichhardt NSW 2040 on 05/06/2023 at 11:00am AEST, 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.
The first valid entry drawn will win the major prize (“Major Prize”) and be deemed a provisional winner (“Provisional Winner”). The Provisional Winner will be notified in writing within seven (7) business days of the major Draw and their name will be published within the App on 13/06/2023. The Provisional Winner will only be confirmed as a verified winner upon authentication of their entry (entrants must have and keep their receipt for each entry they submit).
Major Prize: The Major Prize consists of a 2023 Mazda CX-3 Akari (2.0I Petrol FWD) (with Automatic transmission). Total prize value is up to AU$39,780 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference (excluding metallic options), subject to availability. The winner must collect the prize from their nearest authorised Mazda dealership as determined by the Promoter once the winner has been verified.
If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
The Winner of a Major Prize will be deemed provisional winners until verified by the Promoter.
If the winner of a Major 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.
Prize partners associated with this promotion are prize suppliers only and are not the Promoter of the Promotion.
Total Number of Prizes: 2005.
Total Prize Pool: $110,780.
Unclaimed Prize Allocation: A draw for any Instant Win prize that is won but remains unclaimed or the Major Prize if unclaimed will take place on 11/07/2023 at 11:00am AEST at Pilgrim Communications 51A, 23 Norton Street, Leichhardt NSW 2040, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within seven (7) business days of the draw and their names will be announced within the App on 18/07/2023.
TERMS OF ENTRY
These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
Entry
1. By entering the Promotion, entrants accept these Terms of Entry.
2. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
3. Entrants may submit up to the Maximum Number of Entries.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry, tampered with the entry 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.
5. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
6. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
7. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
8. 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.
9. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly, or interfere with the promotion in any way inclusive of a bot and / or other automated activity, is prohibited and will render all entries submitted by that entrant invalid.
10. Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
11. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid and not eligible to win a prize.
12. If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
Prize(s)
13. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
14. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
15. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
16. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
17. The Promoter may require the winner(s) to verify their entry and provide proof of purchase (if applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
18. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
19. If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, 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.
20. No Prize is transferable or exchangeable. Subject to the Unclaimed Prize Allocation, in the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
21. 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.
22. Any cost associated with accessing the Website or the App is the entrant’s responsibility and is dependent on the Internet service provider used.
General
23. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
24. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
25. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to any directions from a regulatory authority.
26. Nothing in these Terms of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms of Entry; (e) any tax liability incurred by a winner or entrant; or (f) use of a Prize
28. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
29. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants’ consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at http://www.pepsico.com.au/privacy/. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789.
30. Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.