TERMS & CONDITIONS

SCHEDULE

Promotion: SMITHS 90TH BIRTHDAY PROMOTION

Permit number(s): Authorised under NSW Authority No. TP/00026, ACT Permit No. TP20/01364, SA Permit No. T20/1233.

Website: www.smiths.com.au/90thbirthday

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 18 years and over who fulfil the entry requirements.

Directors, management, employees, officers and contractors (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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

“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 01/04/21. Ends at 11:59pm (Sydney time) on 31/05/21.

Entry Mechanic: To enter the Promotion, an entrant must complete the following steps during the Promotion Period:

  1. Purchase any Smith’s Chips Eligible Product from any store in Australia that stocks and sells the Smith’s Chips Eligible Product;
  1. Retain the original purchase receipt as Proof of Purchase;
  1. Visit the Website and follow the prompts to the promotion entry page.  On the promotion entry page, the entrant must complete the promotion entry form by:
  • inputting the requested details including:
    1. Full name,
    2. Date of birth,
    3. Email address,
    4. Mobile phone number;
    5. uploading a photo or scanned copy of their receipt for the Smith’s Chips Eligible Product purchased in accordance with the above requirements
  1. Entry forms must be fully completed in order for a submitted form to be accepted by the Promoter;
  1. Entrants will then be directed to play via Website the promotional ‘Unwrap the Present’ game (“Virtual Game”).  During the Virtual Game, the entrant must follow the prompts on screen to unwrap the virtual Smith’s present to reveal whether or not they have won an Instant Prize.  An on-screen message during the Virtual Game will advise the entrant whether or not they have won an Instant Prize. All Instant Win Prize claims are subject to verification;
  1. Entrants who are notified that they have won an Instant Prize will win the prize indicated in this Schedule.  Entrants who have not won a prize will receive the message “Sorry you haven’t won an Instant Win Prize this time but you’re in the draw for a chance to play Unwrap to Win up to $250,000”.

All valid entries received (winning and non-winning Instant Win Prize entries) will be automatically placed in the Draw.

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.

Smith’s Chips Eligible Product: Includes any pack size or flavour variant of the following Smith’s products, but excludes Multipacks/Sharepacks or products purchased as part of a Multipack/Sharepack:

  • Smith’s Thinly Cut;
  • Smith’s Crinkle Cut;
  • Smith’s Poppables; and
  • Smith’s Oven Baked.

Proof of Purchase: Entrants must retain their purchase receipt(s) for all entries as proof of purchase and may be required to validate and claim their prize. 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 the entrant submitting an entry into the Promotion.

Maximum Number of Entries: Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Smith’s Chips Eligible Product purchased; (b) each entry must be submitted separately and in accordance with entry requirements in this Schedule and Terms of Entry; and (c) a maximum of three (3) entries per person per day is permitted.

Where an entrant has submitted multiple entries into the Promotion, a maximum of three (3) Instant Win Prizes may be won by any individual entrant during the Promotion Period (except for SA residents).

Draw: The Draw will take place at 12:00pm (Sydney time) on 01/06/21, at Greeneagle Distribution & Fulfilment of Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212, 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 from all eligible entries received during the Promotion Period in the Draw (“Draw Winner”) will win the opportunity to participate in the Major Prize Unwrap the Present Event (“Event”) for the chance to win up to AUD$250,000. Details of the Event are specified below.

Major Prize – Unwrap the Prize Event:

The Event will take place on a date in June 2021 at 12 noon (Sydney time) at an address to be determined within Australia, in accordance with the Unwrap the Present Mechanic, and will be scrutinised by an independent person.

Travel (and associated costs) to and from the Event location will be provided to the Draw Winner only (not their proxy) up to a maximum value of AUD$1,000, if the winner lives more than 2 hours by car from the place of the Event. If the Draw Winner cannot attend the Event, the Draw Winner may participate in the Event via video link or appoint a proxy over 18 years of age to participate in the Event on his/her behalf provided the Draw Winner gives the Promoter written signed notice to that effect before the start of the Event. 

If:

  1. the Promoter has not been able to contact the Draw Winner before the start of the Event; or
  2. the Draw Winner or their proxy does not attend the Event, then

a representative of the Promoter will participate in the Event on the Draw Winner’s behalf.

For the avoidance of doubt, where the Draw Winner is not present at the Event, and either the Draw Winner’s proxy or the Promoter’s representative participates in the Event on the Draw Winner’s behalf, the Draw Winner will have until 11:59pm (Sydney time) on 31/08/21 to claim the Major Prize or Consolation Prize (as determined by and won at the Event) on the Draw Winner’s behalf.  If the Draw Winner fails to claim the prize by this date/time, the Draw Winner will forfeit their right to the prize and the prize will be re-awarded in the Unclaimed Prize Allocation draw.

Major Prize - Unwrap the Present Event Game Mechanic:

At the Event, the Draw Winner/or their nominated proxy/representative (“Attendee”) will be shown twenty (20) numbered and wrapped presents/envelopes.

Two (2) of the presents/envelopes will contain a message indicating a ‘Major Prize Symbol’.

Eighteen (18) of the presents/envelopes will contain a message indicating a ‘Consolation Prize Symbol’.

The Attendee must select only two (2) of the numbered presents/envelopes without touching, handling or interfering in any way with any of the other presents/envelopes on display.  If the Attendee is found to have breached this condition, he/she will be disqualified. 

If the Attendee selects two (2) presents/envelopes both containing the promotional message representing the Major Prize Symbol then, subject to verification by the judges, the Draw Winner will win AUD$250,000.

If the Attendee selects one (1) present/envelope containing a promotional message representing the Major Prize Symbol and one (1) present/envelope containing a promotional message representing the Consolation Prize Symbol,  then the Major Prize will not be given away and, subject to verification by the judges, the Draw Winner will win the AUD$10,000 Consolation Prize.

If the Attendee selects two (2) presents/envelopes both containing the promotional message representing the Consolation Prize Symbol, then the Major Prize will not be given away and, subject to verification by the judges, the drawn Participant will win the AUD$1,000 Consolation Prize.

Instant Prize / Instant Win Prizes:

During the Promotion Period, designated confidential allotments of time have been determined by the Promotor to be a ‘Winning Period.’  The first valid entry received by the Promotor during a Winning Period will be awarded an Instant Win Prize.  Where no valid entries are received by the Promotor during a specific Winning Period, no Instant Win Prize will be awarded except for 600 such Winning Periods during which the entry time allotted will be extended until a valid entry is received and an Instant Win Prize is awarded. 

Maximum of 11,712 x $90 cash.

Major Prize

1 x $250,000

Consolation Prize:  Where a Draw Winner does not win the Major Prize, the Draw Winner will win one (1) Consolation Prize of either

1 x $10,000

or

1 x $1,000

Total Number of Prizes: 11,713

Total Prize Pool: Up to AUD$1,305,080. 

Notification of Winner(s):

Entrants will be notified immediately in writing on Website screen whether or not they have won an Instant Prize, subject to verification. Instant Prize winners will be required to provide additional details to the Promoter in order to claim their prize, via email as directed by the Promoter.

The Draw Winner will be notified via email and phone within two (2) days of the Draw. The Draw Winner’s name and State or Territory of residence will be published on the Website on 02/06/21.

Prize Delivery: All cash prizes will be paid by the Promoter to each winner via a direct EFT transfer into the winner’s nominated Australian bank account, subject to winner verification.

Unclaimed Prize Allocation – Instant Win Prizes:

All claims for Instant Win Prizes that have been won must be received by the Promotor by 11:59pm (Sydney time) on 31/08/21. Instant Win Prizes that have been won, but not claimed by this date will be forfeited and distributed in accordance with the below requirements.

A draw for any unclaimed Instant Win Prizes that have been won during the Promotion Period may take place on 01/09/21 at the same time and place as the original Draw, subject to any written directions given by any relevant authority. Instant Win Prize winners in the Unclaimed Prize Allocation draw, if any, will be notified by telephone and in writing via email within two (2) business days of the Unclaimed Prize Allocation draw. Any unwon Instant Win Prizes during the Promotion Period will not be awarded in the Unclaimed Prize Allocation draw and are null and void.

If there are any unclaimed Instant Win Prizes, each unclaimed Instant Win Prize will be distributed to the next valid entry randomly drawn in descending order of value until all unclaimed Instant Win prizes are awarded.

Unclaimed Prize Allocation – Draw Winner Prize:

Where the Draw Winner of this Promotion has failed to claim the Major Prize or Consolation Prize (as determined by and won at the Event) by Sydney time 11:59pm on 31/08/21, a draw for the Draw Winner’s unclaimed Major Prize or Consolation Prize (as applicable) may take place on 01/09/21 at the same time and place as the original Draw, subject to any written directions given by any relevant authority.  The winner of the unclaimed Major Prize or Consolation Prize (as applicable), if any, will be notified by telephone and in writing via email within two (2) business days of the draw and will have their name and State or Territory of residence published on the Website from 03/09/21.

The winner of the unclaimed Major Prize or Consolation Prize (as applicable) as drawn by the Unclaimed Prize Allocation draw will win either the Major Prize or a Consolation Prize (as determined by the result of the original Event).  The winner of the Unclaimed Prize Allocation draw will not be entitled to replay the Event.

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.
  1. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic. 
  1. Entrants may submit up to the Maximum Number of Entries.  Entries must be received by the Promoter during the Promotion Period.
  1. 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.
  1. 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.
  1. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
  1. Any form of automated entry using any device or software is prohibited and will render an entry invalid.

Prize Draw

  1. The Prize(s) will be awarded to the winner(s) drawn in accordance with the Prize Draw. The judges' decision is final and no correspondence will be entered into.
  1. Each entrant warrants and agrees that: (i) the entrant has created the entry themselves; (ii) the entrant will not submit material in their entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law; (v) the entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
  1. Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition.  The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.  The Promoter’s legal rights to recover damages and other compensation are reserved.
  1. All entries become the property of the Promoter and cannot be returned.  As a condition of entry, entrants agree to irrevocably and unconditionally assign to the Promoter all of their right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to their entry and, if requested by the Promoter, to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter.
  1. Without limiting clause 11, each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
  1. By entering this Promotion each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
  1. 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.
  1. 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. 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 and Conditions, 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.
  1. 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)

  1. The winner(s) will be notified in accordance with the Notification of Winner(s). 
  1. The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery.  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.
  1. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
  1. 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).
  1. 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.
  1. 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.
  1. 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.
  1. No Prize is transferable or exchangeable. 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.
  1. As a condition of accepting the Prize, the winner(s) (and their companion) may be required to sign a release of liability form (provided by the Promoter) in favour of the Promoter and any other parties involved in the Promotion.  If a winner does not sign such a release of liability form within the time requested by the Promoter, the winner will forfeit the Prize.
  1. If there are no prize winner/s or winner/s for this Promotion cannot be found this information will be published on the Website.

General

  1. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
  1. 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, subject to any written directions from a regulatory authority.
  1. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
  1. Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the complainant/entrant/winner. If the dispute cannot be resolved the Promoter’s decision will be final.