SWIPE A SURPRIZE

3 MAY – 23 MAY 2021

COMPETITION TERMS & CONDITIONS

SWIPE A SURPRIZE PROMOTION (VIC)

Terms and Conditions

  1. General Entry

 

  • Information on how to enter the promotion described in Item 1 of the Schedule (Promotion), conducted at the venue or venues described in Item 2 of the Schedule (each, a Participating Venue), and the terms and conditions of the Promotion are set out below and in the Schedule (the Terms and Conditions).

 

  • The promoter’s details are set out in Item 3 of the Schedule (the Promoter).

 

  • Entry to the Promotion is open to participants who:
    • meet the Eligibility Criteria specified in Item 4 of the Schedule;
    • are aged 18 years and over who have NOT been excluded (whether self-excluded or otherwise) from a Participating Venue;
    • are not directors, officers or employees of the Promoter or the Participating Venue or the Promoter’s or Participating Venue’s related bodies corporate;
    • are not directors, officers and employees of contractors to the Promoter or the Participating Venue; and
    • are not immediate family of (c) or (d),

(Eligible Participants).

 

For the purposes of these Terms and Conditions, the term “immediate family” means spouse (including de facto), parent, stepparent, grandparent, sibling, half sibling, child, stepchild and grandchild.

 

  • By entering and/or participating in the Promotion, each Eligible Participant agrees to abide by these Terms and Conditions.

 

  • Only Eligible Participants are eligible to participate in the Promotion.

 

  1. Term of Promotion

 

The Promotion commences and ends on the dates and times specified in Item 5 of the Schedule (the Promotion Period).

 

  1. How to Enter

 

  • To enter the Promotion, an Eligible Participant must, during the Promotion Period satisfy the entry requirements set out in Item 6 of the Schedule.

 

  • Any Eligible Participant who complies with clause 3.1 is an Eligible Entrant.

 

  1. Selection of Winner

 

One or more Eligible Entrants will be selected as the winner or winners of the Promotion, depending on the number of Prizes available to be won, using the process described in Item 7 of the Schedule (Winner) at the address specified in Item 7 of the Schedule on the time and date specified in Item 8 of the Schedule (Prize Draw).

 

  1. The Prize

 

  • The Prize

 

  • The Winner will receive the relevant prize described in Item 9 of the Schedule (Prize). The total number of Prizes available to be won throughout the Promotion is specified in Item 10 of the Schedule.

 

  • If the Prize is unavailable the Promoter, in its discretion, reserves the right to substitute the Prize with a prize to the equal or greater value and/or specification (subject to relevant State regulations).

 

  • The Winner must claim the Prize in accordance with Item 11 of the Schedule.

 

  • Prize Specific Conditions

 

  • The Prize is subject to availability, must be taken as offered, cannot be transferred, or, in the case of non-cash prizes, cannot be exchanged for cash or other prizes, and is subject to any prize specific conditions specified in Item 12 of the Schedule.

 

  • If, for any reason whatsoever, the Winner does not claim the Prize (including if the Promoter is not able to successfully get in contact with the Winner after making all reasonable attempts to do so) by the date specified in Item 11 of the Schedule, then the Prize will be deemed to have been forfeited by that Winner. In that instance, an Unclaimed Prize Draw will be conducted in accordance with clause 11.

 

  1. Prize Winner Notification

 

The Promoter will endeavour to notify the Winner by phone and in writing, by email or mail, by the date specified in Item 13 of the Schedule.

 

  1. Delivery of Prize

 

The Promoter will deliver the Prize to the Winner within the timeframe and according to the method specified in Item 14 of the Schedule.

 

  1. Tax Issues

 

Any taxes which may be payable as a consequence of the Winner receiving the Prize are the sole responsibility of that Winner. The Promoter accepts no responsibility for any tax implications that may arise from the Promotion and encourages each Winner to seek independent financial and tax advice.

 

  1. Exclusion of Liability

 

  • While the Promoter will use all reasonable endeavours to arrange the delivery of the Prize in accordance with clause 7, by entering into this Promotion, each Winner acknowledges that circumstances beyond the reasonable control of the Promoter may prevent the delivery of the Prize by that date, or at all, which include the failure by the Winner to notify the Promoter of any change of delivery address of the Prize (if applicable). In such circumstances, and where the Promoter forms a reasonable belief that any delay or loss of the Prize has not been caused or contributed to by that Winner’s negligence, fraud or misconduct, the Promoter may re-deliver the Prize to that Winner.

 

  • Except for any implied condition or warranty (including any applicable Consumer Guarantee) the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (Non Excludable Condition), the Promoter excludes from these Terms and Conditions all conditions, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, the Promoter (including its officers, employees, contractors and agents) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss, damage, cost, expense, damage or claim suffered, sustained or incurred (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising either directly or indirectly out of or in connection with the Promotion or a Prize, including (without limitation) the following:

 

  • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

 

  • any theft, unauthorised access or third party interference;

 

  • any entry or Prize claim that is late, lost altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

 

  • any variation in Prize or Prize value to that stated in these Terms and Conditions;

 

  • any tax implications;

 

  • the cancellation or postponement of an event which constitutes a Prize; and/or

 

  • a Prize or use of a Prize.

 

  • The Promoter is not responsible for any lost, stolen or damaged Prizes. Subject to the consumer guarantees set out in Division 1 of Part 3‑2 of the Australian Consumer Law (as defined in the Competition and Consumer Act 2010 (Cth) (Consumer Guarantees), the Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or services awarded as a Prize (if any).

 

  • Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that an Eligible Participant might have that are not able to be excluded under applicable Australian consumer protection laws.

 

  1. Use of Personal Information / Marketing

 

  • The Promoter will collect, use and disclose an Eligible Entrant’s Personal Information (as defined under the Privacy Act 1988 (Cth)) in order to administer and conduct the Promotion, carry out any activities connected with or related to the Promotion and provide any related or ancillary goods/services. The Eligible Entrant’s Personal Information may also be used and disclosed in accordance with any other terms and conditions previously agreed to by the Eligible Entrant (if any) and in accordance with the relevant privacy policy of the Promoter. If an Eligible Entrant does not provide the Promoter with the Personal Information requested by the Promoter, the Promoter may not permit the Eligible Entrant to participate in the Promotion. 

 

  • By entering the Promotion, the Eligible Entrant consents to the Promoter:

 

  • collecting and using the Eligible Entrant’s Personal Information in relation to the purposes referred to above; and

 

  • where considered necessary by the Promoter, disclosing the Eligible Entrant’s Personal Information to third parties including, but not limited to, the promoter’s agents, affiliates and related bodies corporate, Prize suppliers or regulatory authorities and for any purpose to which the Eligible Entrant has previously consented including but not limited to future promotional, marketing and publicity purposes;

 

  • and a Participating Venue using (or permitting authorised third parties to use) the Eligible Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) and/or the Prize won by the Winner in the Promotion in any media, including but not limited to social media, for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome), the Promoter and or products/services supplied by the Promoter; and

 

  • the Promoter, its agents, affiliates, related bodies corporate, other companies associated with this Promotion and business partners to send the Eligible Entrant future electronic messages including but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities.

 

  • Eligible Entrants should direct any request to access, update or correct their Personal Information to the Promoter.

 

  1. Unclaimed Prize Draw

 

  • If a Prize is not claimed by the Winner by the date specified in Item 11 of the Schedule, an unclaimed prize draw will be conducted on the date and time specified in Item 15 of the Schedule at the address specified in Item 7 of the Schedule, subject to any written directions from any regulatory authority (Unclaimed Prize Draw).

 

  • The Unclaimed Prize Draw for the Prize will be conducted in the same manner as under clause 4 and Item 7 of the Schedule.

 

  • The Promoter will endeavour to notify the winner of the Unclaimed Prize Draw by phone or email by the date specified in Item 16 of the Schedule.

 

  • In the event that for any reason, the Supplementary Winner does not accept the Prize by the date specified in Item 17 of the Schedule, then the Prize will be forfeited by the Supplementary Winner and there will not be any further unclaimed prize draws carried out by the Promoter, and no Prize will be awarded.

 

  1. General Conditions

 

  • The Promoter, its employees, officers, agents, and its related bodies corporate are not responsible for and will not be liable for:

 

  • any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted;

 

  • any injuries, losses (including, without limitation, loss of profits), or damages of any kind caused by a Prize or resulting from acceptance, possession, use, or misuse of a Prize, or from participation in the Promotion or downloading material from any website operated by the Promoter; or

 

  • any printing or typographical errors in any materials associated with the Promotion.

 

  • The Promoter reserves the right, in its sole discretion, to:

 

  • cancel or suspend the Promotion, should the security, fairness, integrity, or proper operation of the Promotion be compromised in any way by way of any virus or bugs in the IT system used for this Promotion, unauthorised human intervention or other causes beyond the reasonable control of the Promoter;

 

  • disqualify and refuse to award a Prize to any Eligible Participant who engages in offensive, illegal or objectionable conduct in respect of this Promotion or otherwise brings the Promotion and/or the Promoter into disrepute (as determined by the Promoter);

 

  • disqualify and refuse to award a Prize to any Eligible Participant who tampers with the entry process, submits an entry that is not in accordance with these Terms and Conditions or breaches these Terms and Conditions;

 

  • cancel, terminate, modify or suspend the Promotion in accordance with any written directions given by any relevant government or regulatory authority to do so; and

 

  • request that the Winner or Supplementary Winner (as applicable) provides proof of age, identity or proof of residency at the nominated Prize delivery address.

 

  • In the event of war, terrorism, state of emergency, disaster or for any reason whatsoever beyond the reasonable control of the Promoter, the Promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right (unless doing so would be prohibited by any law including the consumer guarantees set out in the Consumer Guarantees) to cancel, terminate, modify or suspend the Promotion subject to any written directions from any relevant regulatory body.

 

  • It is a condition of accepting a Prize that the Winner or Supplementary Winner (as applicable) may be required to sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

 

  • Decisions of the management of the Promoter are final. No correspondence will be entered into. To the extent that a situation or issue arises for which these Terms and Conditions make no provision or in relation to which the relevant Terms and Conditions are unclear, the Promoter reserves the right to make a decision regarding such situation or issue in its sole and absolute discretion and, subject to any regulator direction to the contrary, such decision will be final and binding.

 

  • In the event that the Winner or Supplementary Winner (as applicable) is identified as a minor, self excluded patron, involuntarily excluded patron, any other person who is in breach of these Terms and Conditions or any person who has acted improperly to increase their chances of winning any Prize (the Refused Winner), the Promoter reserves the right to refuse to allow the Winner or Supplementary Winner (as applicable) to take part in, or receive, any or all aspects of a Prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so.

 

  • These Terms and Conditions are governed by and must be construed in accordance with the laws in force in the state or territory where the Participating Venue is located (State). The Promoter and each Eligible Participant submits to the exclusive jurisdiction of the courts of the State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions.

 

 

 

 

SCHEDULE

 

Item 1

Promotion

Swipe a Surprize

see clause 1.1

Item 2

Participating Venue

The participating venues listed at:

www.winmoreformembers.com.au/vicawww.winmoreformembers.com.au/vicb

 

see clause 1.1

Item 3

Promoter

The Promoter of the Promotion at each Participating Venue is Tabcorp Gaming Solutions (ACN 138 853 675) of 727 Collins Street, Docklands, Victoria 3008, Ph. (03) 9868 2100.

see clause 1.2

Item 4

Eligibility Criteria

To be eligible to enter the Promotion, a person must:

(a)    be a member of the Participating Venue’s loyalty program (Program);

(b)    visit the Participating Venue during the Promotion Period; and

(c)     comply with these Terms and Conditions.

 

see clause 1.3

Item 5

Promotion Period

Promotion Commencement:

12:01am on 3 May 2021

 

Promotion End:

4:59pm on 23 May 2021

 

see clause 2

Item 6

Entry Requirements

 

To enter the Promotion, an Eligible Participant must during the Promotion Period validly swipe their Program membership card in the Participating Venue either:

(a)    at the in-venue kiosk;

(b)        in connection with any in-venue food and beverage transaction,

(Qualifying Transaction).

 

Eligible Participants will receive the following number of entries (each a Qualifying Entry) for each Qualifying Transaction:

·       One (1) Qualifying Entry for every Qualifying Transaction under paragraph (a) above (limited to one (1) per day); and

·       One (1) Qualifying Entry for every Qualifying Transaction under paragraph (b) above (limited to three (3) per day).

(in total limited to four (4) Qualifying Entries per day).

 

1.                

Qualifying Entries are only valid until the Minor Prize Draw (set out in Item 8) in the week in which such entries were received.

 

BONUS PRIZE DRAW

At certain Participating Venues, each Qualifying Transaction made under paragraph (b) above over $30 in value will automatically result in an entry form for the Bonus Prize Draw which must be placed into the entry barrel at the Participating Venue (each, a Bonus Prize Draw Entry).

 

There is a limit of 3 Bonus Prize Draw Entries per day for every $30 spent.

 

 

see clause 3.1

 

Item 7

Selection of Winner and location of Prize Draw

Major Prize

The Major Prize Draw will be conducted by random virtual draw by the Promoter at the times and dates set out in Item 8.

 

Minor Prize

The Minor Prize Draw will be conducted by random virtual draw by the Participating Venue at the times and dates set out in Item 8.

 

Bonus Prize

The Participating Venue will by barrel draw randomly select:

 

·       five (5) Bonus Prize Draw Entries weekly (total of 15 winners across campaign period) to win the Bonus Prize (a Bonus Prize Winner) at each Participating Venue who has selected the Pack A option when opting in to the Branded Glass Giveaway Venue Incentive; and

·       10 Bonus Prize Winners weekly (total of 30 winners across campaign period) at each Participating Venue who has selected the Pack B option when opting in to the Branded Glass Giveaway Venue Incentive.

 

 

see clause 4

 

Item 8

Time and date of Prize Draw

Major Prize Draw: The Major Prize Draw will be conducted by the Promoter at 727 Collins Street, Docklands, Victoria 3008 at 12pm on Wednesday 26 May 2021.

 

Minor Prize Draw: The Minor Prize Draw will be conducted at each Participating Venue at 5pm each Sunday during the Promotion Period, being

(a) Sunday 9 May 2021;

(b) Sunday 16 May 2021; and

(c) Sunday 23 May 2021.

 

Bonus Prize Draw: The Bonus Prize Draw will be conducted at each Participating Venue at 5:30pm on:

(a) Sunday 9 May 2021;

(b) Sunday 16 May 2021; and

(c) Sunday 23 May 2021.

 

see clause 4

 

Item 9

Prize

Major Prize

The Major Prize consists of EFTPOS gift cards pre-loaded in $1,000 amounts. The total value of the Major Prize pool is $15,000.

 

Minor Prize

The Minor Prize consists of EFTPOS gift cards pre-loaded in varying amounts as listed in the Annexure. The total value of the Minor Prize pool is set out in the Annexure.

 

Bonus Prizes

The Bonus Prize a venue branded glass.  The value of the Bonus Prize is set out in the Annexure.

 

see clause 5.1(a)

 

Item 10

Total Number of Prizes

Major Prize:

 

·       15

 

Minor Prize:

 

·       12 from Participating Venues who have selected the Essential Pack when opting in to this promotion; and

·       15 from Participating Venues who have selected the Premium Pack when opting in to this promotion.

 

Bonus Prize:

 

·       15 from venues who have selected the Pack A option when opting in to the Branded Glass Giveaway Venue Incentive; and

·       30 from venues who have selected the Pack B option when opting in to the Branded Glass Giveaway Venue Incentive.

 

see clause 5.1(a)

 

Item 11

Method and time frame for claiming a Prize

Major Prize

The Major Prize will be available for the Winner to collect at the Participating Venue from one week after the end of the Promotion Period until Wednesday 30 June 2021.

 

Minor Prize – method for claiming Prize

On each Sunday during the Promotion Period (set out in Item 8 below), the Promotor will randomly select via virtual draw:

 

·       four (4) Minor Prize Draw Entries from Participating Venues who have selected the Essential Pack when opting in to this promotion; or

·       five (5) Minor Prize Draw Entries from Participating Venues who have selected the Premium Pack when opting in to this promotion,

 

(12 Minor Prize Draw Entries (Essentials Pack) and 15 (Premium Pack) (each, a Minor Prize Winner) in total) to win one of the EFTPOS gift cards (listed in the Annexure).

 

Each Minor Prize Winner will then pick an “ATM Card” from the in-venue “ATM Machine” at the Participating Venue” to reveal which Minor Prize they have won.

 

Minor Prize – time frame for claiming Prize

The Minor Prize will be available for the Winner to collect at the Participating Venue for from immediately after the Minor Prize Draw until:

(a)            in the case of the Minor Prize for the first and second week during the Promotion Period, seven (7) days after the relevant Minor Prize Draw; and

(b)            in the case of the Minor Prize for the third week of the Promotion Period, one (1) day after the relevant Minor Prize Draw.

 

Participating Venues may distribute Minor Prizes before the end of the Promotion Period, or retain the Minor Prizes for the relevant Minor Prize Winners to collect following the end of the Promotion Period, at the relevant Participating Venue’s discretion.

 

Bonus Prize

The Bonus Prize will be available for the Winner to collect at the Participating Venue from immediately after the Bonus Prize Draw until 30 June 2021.

 

See clause 5.1(c)

Item 12

Prize specific conditions

(a)   All costs associated with the Prize (not mentioned in the Prize inclusions), including but not limited to any taxes, insurance and any other ancillary costs are the responsibility of the Winner. 

 

(b)   The Prize must be used in accordance with these Terms and Conditions and with the terms of conditions of the third party supplier (noting that, for example, gift cards will be subject to additional terms and conditions imposed by the supplier of such gift cards).

 

see clause 5.2(a)

 

Item 13

Notification of Winner

The Minor Prize Winner will be notified by the Promoter that they have won a Prize within 2 business days of the Minor Prize Draw.  

 

see clause 6

 

Item 14

Timeframe and delivery method of Prize

All Prizes will be available for collection at the locations and times set out in Item 11. 

 

see clause 7

 

Item 15

Date and time of Unclaimed Prize Draw

Minor Prize

·       Draw date: Monday 2 August 2021.

·       Prize draw: virtual draw

·       Draw time: 12pm

 

Major Prize

·       Draw date: Monday 2 August 2021.

·       Prize draw: random virtual draw at Tabcorp, 727 Collins Street, Docklands 3008

·       Draw time: 12pm

 

Bonus Prize

Not applicable for Bonus Prize. The Participating Venue will retain any Bonus Prize not claimed by the date set out in Item 11.

 

see clause 11.1

 

Item 16

Notification of Supplementary Winner

The Supplementary Minor Prize Winner will be notified by the Promoter that they have won a Prize within 2 days of the Unclaimed Prize Draw.

 

see clause 11.2

 

Item 17

Acceptance date for Supplementary Winner

If the Supplementary Minor Prize Winner cannot be contacted within ninety (90) days after the Unclaimed Prize Draw, the Supplementary Winner will be deemed to have forfeited any entitlement to the Prize.

 

see clause 11.3

 

 

ANNEXURE

PRIZE DETAILS

ESSENTIALS PACK

 

Gift Card Value

Quantity

Total Cost

 $                    50

6

 $       300

 $                  100

3

 $       300

 $                  250

2

 $       500

 $                  500

1

 $       500

 

12

 $    1,600

 

PREMIUM PACK

 

Gift Card Value

Quantity

Total Cost

 $                    50

4

 $       200

 $                  100

4

 $       400

 $                  250

4

 $    1,000

 $                  500

3

 $    1,500

 

15

 $    3,100

 

 

 

 

BONUS DRAW

 

OPTION

NUMBER OF WEEKLY WINNERS

TOTAL NUMBER OF

GLASSES

COST TO VENUE

A

5

15

$275 ex GST

B

10

30

$440 ex GST

 

HOW TO ENTER

Swipe your membership card at the kiosk or when purchasing food or beverage in venue to enter.

4 winners drawn weekly at 5pm between the 3rd of May and 23rd of May.

Swipe your membership card at any participating venue for the chance to win a share in over $15,000 in Gift Cards.

For more details please read the Terms & Conditions

Promotion starts at 12:01am on Monday 3 May 2021 and ends at 4.59pm on Sunday 23 May 2021 (Promotion Period). Only available at Participating Venues, to members of the Venue’s loyalty program aged 18 years and over. Up to 3 entries per day for swiping an eligible participant’s loyalty card with in-venue food and beverage purchases (including, at participating venues, an entry form for the Bonus Prize Draw for every $30 spent, limited to 3), up to 10 entries for gaming machine transactions (NSW venues only) and 1 entry per day for swiping an eligible participant’s loyalty card at the in-venue loyalty kiosk. Weekly Prize Winners are drawn at 5pm each Sunday during the Promotion Period and Bonus Prize Winners (at participating venues) are drawn at 5.30pm each Sunday during the Promotion Period. Four winners will then randomly pick a card from the in venue ATM machine display to reveal their prize. Each Bonus Prize Winner (at participating venues) will receive a venue branded glass. 15 Major Prize winnersare drawn by virtual draw at 12pm on Wednesday 26 May 2021. Each Major Prize Winner will receive a $1000 gift card. Full terms and conditions and winners published at www.winmoreformembers.com.au/vica and www.winmoreformembers.com.au/nswb Permit Number TP/00852