Don

 

“DON METCASH”

PROMOTION TERMS AND CONDITIONS

 

1. Information on how to enter and the prize(s) form part of these Terms and Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

2. Entry is only open to Australian businesses registered to attend with a Metcash customer number and who order product through the Metcash Warehouse directly and are physically in attendance at the Metcash Expo at Gold Coast Convention & Exhibition Centre (GCCEC), 2684-2690 Gold Coast Hwy, Broadbeach QLD 4218 on 18/07/2023 between the hours of 30pm and 3.00pm AEST “Eligible Businesses”). The representative entering on behalf of the Eligible Business must be aged 18 or over.

 

3. Employees (and their immediate families) of the Promoter, Metcash 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 1^st

 

4. Entries into the promotion open at 12:01pm AEST on 16/07/2023 and close at 1:50pm AEST on 18/07/2023 (“Promotional Period”).

 

5. To be eligible to enter, Eligible Businesses must complete at least one (1) of the following steps:

 

1. 1. For one (1) entry, the Eligible Business must stock at least five (5) unique products from the Nominated Product List (defined below) within the preceding two (2) weeks prior to the Promotional Period. The list is available at isdonisgood.com.au/metcashexpo (“Nominated Product List”). A representative from the Eligible Business must attend the Metcash Expo during the Promotional Period and locate the DON stand to register their entry with a DON representative. For clarity, ‘unique’ means that each of the five (5) products stocked cannot be the same.

      OR
       

   2. For one (1) entry, a representative of the Eligible Business must, during the Promotional Period, place an order for at least five (5) unique products, from the nominated product list at the Metcash Expo with a DON representative.

      To be eligible for a Bonus entry, the Eligible Business must:

   3. during the Promotional Period, place an order for five (5) additional unique products that are not currently stocked by the Eligible Business at the Metcash Expo with a DON representative and each product ordered must be a unique product from the Nominated Product List. The Nominated Product List will be displayed at the Metcash Expo. This will qualify for one (1) bonus entry.

 

6. Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per five (5) products either already stocked by an Eligible Business as per clause 5(a) or ordered at the Metcash Expo as per clause 5(b); (b) only one (1) bonus entry permitted per five (5) additional products purchased in a single order at the Metcash Expo as per clause 5(c); (c) only one (1) additional order made at the Metcash Expo per Eligible Business will be eligible for bonus entry; and (d) each entry must be submitted separately and in accordance with entry requirements. For clarity, there are only thirty seven (37) unique products on the Nominated Product list so the maximum number of entries an Eligible Business can receive is seven (7).

 

7. Each Eligible Business is only eligible to win one (1) opportunity to participate in the Game (as defined below).

 

8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, employment, age, place of residence and conduct relating to entry into the promotion) and reserves the right, in its sole and absolute 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 absolute 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.

 

9. Incomplete or indecipherable entries will be deemed

 

10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole and absolute discretion, to determine the identity of the entrant and carry out any actions as permitted by these Terms and Conditions

 

11. The draw will take place at the Gold Coast Convention & Exhibition Centre (GCCEC), 2684-2690 Gold Coast Hwy, Broadbeach QLD 4218 on 18/07/2023 at 2:00pm 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 All representatives for Eligible Businesses whose names are associated with that Eligible Business’ entries must be present at the time of the draw otherwise they will forfeit their entries. For the sake of clarity, if an invalid or ineligible entry is drawn it will be discarded and a new entry drawn. This process will continue until six (6) valid entries are drawn as set out below.

 

12. The first six (6) valid entries drawn (each from a separate Eligible Business) will each win that entrant (“Participant”) the opportunity to play a contingency game (“the Game”) for the chance to win one (1) MINI Cooper S Convertible 2023 Automatic in Chilli red valued at up to $69,679 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State) (“Major Prize”). Additional insurance, options, petrol and all other general or ancillary costs are the responsibility of the winner. The winner must collect the prize from their nearest authorised MINI dealership no later than (four) 4 weeks from delivery.

 

13. 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 It is a condition of accepting the prize that the winner (or a representative of the winner/the winner’s parent/legal guardian if the winner is under the age of 18) may be required to sign a legal release in a form to be determined by the Promoter in its absolute discretion.

 

14. The Game will take place at Gold Coast Convention & Exhibition Centre (GCCEC), 2684-2690 Gold Coast Hwy, Broadbeach QLD 4218 on 18/07/2023 at 2:00pm All costs associated with travel to and from the Game are the responsibility of the Participant. If a Participant cannot attend the Game, the Participant may appoint a proxy over 18 years of age to play the Game on his/her behalf provided the Participant gives the Promoter written, signed notice to that effect before the start of the Game.

 

15. At the Game, the Major Prize will be on display as well as six (6) Only one (1) of those keys opens the Major Prize. The Promoter will ask each of the Participants, or their proxy or assigned Promoter representative (“Attendee”) to choose one (1) key from the six (6) keys available. The order in which each Attendee will choose a key will be determined based on the order in which each Participant was drawn (i.e. the first drawn entrant will choose the first key and so on). Each Attendee must choose only one (1) key without touching, handling or interfering in any way with any of the other keys on display. If an Attendee is found to have breached this condition, he/she will be disqualified. Each Participant that selects (or whose Attendee selects) a key that opens the Major Prize, subject to verification by the judges, will win the Major Prize. All other Participants will be awarded the consolation prize of a $100 Visa Gift Card.

 

16. Each Participant’s odds of winning the Major Prize are 1 in The odds of being drawn as a Participant may be significantly higher than 1 in 6 as this will depend upon the number of entries received.

 

17. As a condition of accepting the Major Prize, the winner must 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

 

18. The winner of the Major Prize will be notified immediately in

 

19. The Promoter’s decision is final and no correspondence will be entered

 

20. Despite any of the above clauses, prizes will be awarded to the owner of the Eligible Business who may, in his/her absolute discretion, allocate the prize to any employee of that store. The owner of the Eligible Business must notify the Promoter of that transfer (in writing) within ten (10) business days of the Game and must not issue the prize without the Promoter’s Approval of the transfer is at the Promoter’s sole and absolute discretion. In the event of a transfer pursuant to this clause, the owner, transferor and transferee and any other relevant persons must complete all documentation and comply with any other processes that the Promoter requires in its sole absolute discretion.

 

21. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or redeem prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

 

22. If the prize (or part of the prize) is unavailable, the Promoter, in its sole and absolute 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.

23. Total prize pool value is up to $69,679

 

24. Prizes, or any unused portion of a prize, are not exchangeable and cannot be taken as cash, unless otherwise specified.

 

 

25. All 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.

 

26. 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 and absolute 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.

 

27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 

28. 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 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.

 

29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, agents, related entities and any executors, administrators, successors and permitted assigns) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity, economic loss, loss of revenue or actual or potential profits, legal costs and expenses on a full indemnity basis); 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 and Conditions; (e) if the Metcash Expo event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use / taking of the prize or (h) any other act, omission or negligence of the Promoter relating to or in connection with this promotion.

 

30. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.gwf.com.au/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.

 

31. The Promoter is George Weston Foods Limited (ABN 45 008 429 632)) of Level 3, 187 Todd Road, Port Melbourne. VIC 3207, telephone 03 9392 4600.