Terms & Conditions

 

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to Australian residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) 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.
  1. Entries into the promotion open on 04/11/2020 and close at 11:59pm AEDST on 01/12/2020 (“Promotional Period”).
  1. For the purposes of this promotion participating brands are below (each an “Eligible Brand”):
    • Wonder
    • Lawsons
    • Meadow Lea
    • Praise
    • Pampas
    • La Familiglia
  1. To be eligible to enter, individuals must purchase, in a single transaction, any two (2) products from any Eligible Brand from a Participating Store during the Promotional Period (“Qualifying Transaction”). A participating store is any Woolworths store in Australia (“Participating Store”). For the removal of doubt, the two (2) products purchased in a Qualifying Transaction do not need to be from the same Eligible Brand, they can be a combination of any two (2) Eligible Brand’s products.
  1. To enter, individuals must then visit www.winamillion.com.au, follow the prompts to the promotion entry page, input the requested details including full name, email, phone number, postcode and state upload their purchase receipt and submit the fully completed entry form during the Promotional Period.
  1. Upon submitting their entry individuals will be notified instantly on screen, in writing, whether or not they have won an instant prize. Instant prize winners of a Major Prize (as defined below) or any winners residing in ACT will be published at www.winamillion.com.au from 13/11/2020.
  1. The Promoter will use a computer drawing system to randomly determine winning times during the Promotional Period (each a “Winning Time”). For Winning Times allocated to Minor Prizes, an entry must be received at the exact Winning Time to be declared the provisional winner of a Minor Prize. For Winning Times allocated to Major Prizes, the first entry, received on or after a Winning Time, will be declared the provisional winner of a Major Prize.
  1. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the number of Eligible Brand products purchased in excess of two (2) in that transaction);  (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of one (1) entry per person per day is permitted.
  1. Entrants must retain their original OR a copy of their purchase receipt(s) for all entries as proof of purchase. 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 Participating Store of purchase, that a Qualifying Transaction was made and that the purchase was made during the promotional period but prior to entry.
  1. 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. Incomplete or indecipherable entries will be deemed invalid.
  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. All claims for instant win prizes must be received by 11:59pm AEDST on 01/03/2021. A maximum of three (3) Instant win prizes are permitted per person (excluding SA residents).
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. Instant win prizes available to be won:
    • Minor Prizes:
      24,000 x $20 Woolworths Store eGift Card;
      10,000 x $50 Woolworths Store eGift Card;
    • Major Prizes:
      20 x $1,000 Woolworths Store eGift Card.
  1. 18. Any ancillary costs associated with redeeming the Woolworths Store eGift Cards are not included. Any unused balance of the Woolworths Store eGift Cards will not be awarded as cash. Redemption of the Woolworths Store eGift Cards is subject to any terms and conditions of the issuer (see Annexure A) including those specified on the Woolworths Store eGift Cards. Woolworths Group Ltd ABN 88 000 014 675 is the issuer of the Woolworths Store eGift Card, but is not the promoter of the offer, nor responsible for fulfilment of the offer terms. Woolworths Store eGift Cards have no expiry date and are redeemable at participating stores only. For a list of participating stores and full Gift Card Terms and Conditions visit woolworths.com.au/storeegiftcard/termsandconditions.
  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
  1. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  1. Total prize pool value is $1,000,000.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  1. A draw for any unclaimed major prizes and any minor prizes that are won, but remain unclaimed, may take place at 3pm AEDST on 02/03/2021 at Greeneagle Distribution & Fulfilment, 5/9 Fitzpatrick St, Revesby NSW 2212, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw. In the event of any winners of a Major Prize or any winners residing in ACT their names will be published at www.winamillion.com.au from 15/03/2021.
  1. 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.
  1. 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.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. 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.
  1. 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. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
  1. 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.
  1. 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 and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  1. 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 http://goodmanfielder.com/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. The Promoter will not disclose PI to any entity outside of Australia.
  1. The Promoter is Goodman Fielder Consumer Foods Pty Ltd (ABN 35 000 024 546) of Level 3 & 4, 118 Talavera Rd, Macquarie Park NSW 2113, telephone (02) 8899 7000.

NSW TP/00058 ACT Permit No. TP20/00879 SA Permit No. T20/767

ANNEXURE A

Store eGift Card Terms and Conditions

Date: 4 September 2020
Product Issuer:
Woolworths Group Limited ABN 88 000 014 675
1 Woolworths Way, Bella Vista, NSW 2153
giftcards.woolworths.com.au

TERMS AND CONDITIONS:

1. Definitions

In the terms and conditions:

"Access Code" means:

a) in relation to a Physical eGift Card, the 4-digit number on the back of a Physical eGift Card; and

b) in relation to an eGift Card the 4-digit number that appears on the 'Store eGift Card which is required to make a transaction or transaction enquiry.

“activate” means the initial loading of value onto a Store eGift Card.

“Card Balance” means the unspent value of a Store eGift Card.

“Card Number” means:

a) in relation to the Physical eGift Card, the 19-digit number that appears on the back of the Physical eGift Card; and

b) in relation to the eGift Card, the 19-digit number that appears on the eGift Card.

“Delayed Delivery” means the eGift Card will be delivered to the Recipient at a pre-selected date afer the date of purchase, chosen by the purchaser at the time of purchasing the eGift Card.

“Dispatch Date” means the date the eGift Card was emailed to the Recipient of the eGift Card.

“eGift Card” means a Store eGift Card issued in ‘electronic’ form as described in these terms and conditions.

“Expiry Date” means:

a) for Store eGift Cards purchased on or afer 31 March 2017, the date on which the Store eGift card has a Redeemable value of zero; and

b) for Store eGift Cards purchased prior to 31 March 2017, the date being 12 months from the date of purchase of the Store eGift Card, afer which any remaining funds on a Store eGift Card will not be available for Redemption.

“Participating Store” means one of the stores listed on the Website as a store which accepts payment using the Store eGift Card, as amended from time to time and vary between each type of Store eGift Card.

“Physical eGift Card” means a Store eGift Card issued in conventional plastic card form.

“Recipient” means the person who receives the Store eGift Card or (and for the avoidance of doubt may be the same as the purchaser).

“Redeem” means to reduce the value loaded on your Store eGift Card by using the Store eGift Card to purchase goods or services, and “Redeemable”, “Redeemed” and “Redemption” have corresponding meanings.

"Store eGift Card" means one of the following gif cards issued by us to you either as a Physical eGift Card or an eGift Card:

a) Woolworths Supermarket Store eGift Card;

b) Woolworths Online Store eGift Card;

c) BIG W Store eGift Card;

d) BWS Store eGift Card;

e) Cellarmasters Store eGift Card;

f) Dan Murphy’s Store eGift Card;

g) Caltex Woolworths co-branded Petrol Gif Card (eGift Card only); or

(h) Woolworths Kindness Card.

"Website" means giftcards.woolworths.com.au

A reference to "we", "us" or "our" is a reference to Woolworths Group Limited.

A reference to “you" or “your” is a reference to the person who is taken to agree to these terms and conditions under clause 2.

2. Agreeing to the terms and conditions

2.1 These terms and conditions apply to each Store eGift Card.

2.2 You agree to be bound by these terms and conditions by purchasing, activating, using, or attempting to use a Store eGift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Store eGift Card.

2.3 By purchasing, activating, using or attempting to use a Store eGift Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Store eGift Card, you warrant to us that you will comply with these terms and conditions and all applicable laws and that the Store eGift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

2.4 If you are giving a Store eGift Card to another person, you should ensure that he or she is aware of the terms and conditions that apply to the Store eGift Card and the relevant Expiry Date of the Store eGift Card.

3. Purchasing a Store eGift Card

3.1 Store eGift Cards can only be purchased online at the Website.

3.2 When purchasing a Store eGift Cards online, payment can be made using a credit card, via EFT direct deposit or cheque. Payment is required prior to the Store eGift Card being dispatched.

3.3 This clause 3 does not apply to Woolworths Kindness Cards.

4. Personalising an eGift Card

4.1 By ordering a Store eGift Card with wording or an image, you declare you have read and have accepted the content policy (available at the Website).

4.2 There is no cost to you to personalise a Store eGift Card.

4.3 In order to personalise the eGift Card, the procedures set out in the Website when ordering an eGift Card must be followed. You have the choice to:

a) provide a personal message, and/or

b) upload your own photo or image onto the eGift Card.

4.4 You warrant that you will only submit a photo that you own copyright in, have the

copyright owner’s permission to produce (permission may be given by a parent or guardian on behalf of a minor) or does not infringe any third party’s personal or intellectual property rights.

4.5 If we find inappropriate, ofensive or otherwise objectionable messages or images, we reserve the right to remove the ofending message and/or image and apply a default Store eGift Card message and/or image to the Store eGift Card. Ofending material includes but is not limited to:

a) Patently ofensive material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

b) Copyrighted or trademarked material not owned by you;

c) Abusive, threatening, obscene, defamatory or libellous statements and/or imagery;

d) Political or religious imagery which is ofensive to cultural values;

e) Pornographic or sexually explicit material of any kind; and

f) Advertising or promotional materials or branded products.

4.6. We shall not be obliged to justify our decision, when denying any photo, image or wording personalisation of a Store eGift Card in accordance with clause 4.5.

4.7 You can use a company logo for a Store eGift Card if you are the holder of the intellectual property rights of the company logo.

4.8. By submitting a photo or image for personalisation of the eGift Card, you grant us and our subcontractors a royalty free, unrestricted right to use or reproduce such photo or images for the purposes of the production of the Store eGift Card.

4.9. Variations in colour and quality of the photo or image on the Store eGift Card provided may occur in the finished product. You acknowledge that the finished photo or image is dependent on the quality of the photo or image submitted.

4.10 This clause 4 does not apply to Woolworths Kindness Cards.

5. Loading value to a Store eGift Card

5.1 A minimum of $5 and a maximum of $500 can be loaded on a Store eGift Card online at the Website via credit card, via EFT direct deposit or cheque at the time of purchase.

5.2 When purchased online via partner programs, customer may only have the option of selecting and purchasing Store eGift Cards to pre-defined values

5.3 At our absolute discretion, we may change the minimum and maximum amounts that can be loaded on Store eGift Cards. If we decide to do this, we will publish details on the Website.

5.4 Value loaded onto a Store eGift Card at point of sale or otherwise is not a qualifying amount for the purposes of any ofer from time to time of a discount on fuel purchases. See woolworths.com.au/Shop/Discover/petrol for full details regarding Woolworths fuel offers.

5.5 Value loaded onto a Store eGift Card at point of sale or otherwise is not a qualifying amount for the purposes of any Everyday Rewards points ofered through the Everyday Rewards program. See everydayrewards.com.au for full details of the Everyday Rewards program.

5.6 There may be a delay between when you pay for a Store eGift Card via the website and when the Store eGift Card is activated by our system. During the period of delay, the Store eGift Card cannot be used to make purchases or transaction enquiries.

5.7 Your Store eGift Card is valid for use until the Expiry Date.

5.8 Clauses 5.1 to 5.3 do not apply to Woolworths Kindness Cards.

6. Redeeming your Store eGift Card

6.1 Your Store eGift Card can be Redeemed for goods and services from Participating Stores up to the value loaded onto your Store eGift Card. Value Redeemed is deducted from the Card Balance.

6.2 You must Redeem your Store eGift Card at a Participating Store in accordance with the following:

a) Woolworths Supermarkets Store eGift Cards can only be Redeemed at Woolworths

Supermarkets or online at www.woolworths.com.au (excludes online photo processing).

b) Woolworths Online Store eGift Cards and Woolworths Kindness Cards can only be

Redeemed online at www.woolworths.com.au or via the Woolworths mobile app.

c) BIG W Store eGift Cards can only be Redeemed at BIG W stores or online at

www.bigw.com.au (excludes online photo processing);

d) BWS Store eGift Cards can only be Redeemed at BWS stores;

e) Cellarmasters Store eGift Cards can only be Redeemed online at

www.cellarmasters.com.au or via Cellarmasters phone ordering service (1800 500 260);

f) Dan Murphy’s Store eGift Cards can only be Redeemed at Dan Murphy’s stores or online at www.danmurphys.com.au; and

g) Caltex Woolworths co-branded Petrol Store eGift Card can only be Redeemed at Caltex Woolworths co-branded service stations.

6.3 No Store eGift Card can be used at stand alone photo kiosks, DVD vending machines and mobile EFTPOS terminals.

6.4 Store eGift Cards cannot be refunded or used to obtain cash. You cannot use your Store eGift Card to make a credit card payment or other transaction account deposits. Resale of Store eGift Cards is strictly prohibited, except with our prior written consent. If approved, Store eGift Cards cannot be resold for more than the original purchase price. Store eGift Cards that are resold in breach of this clause 6.4 will be invalid with the result that purchasers of those cards will not be able to use or Redeem unspent value on their Store eGift Cards.

6.5 In addition, you cannot use your Store eGift Card to purchase :

a) Gif Cards and Vouchers;

b) Lotto / Lottery products; or

c) Donations or charity products (such as merchandise),

and Woolworths Kindness Cards cannot be used to purchase tobacco or liquor

6.6 Your use of the Store eGift Card at a Participating Store is subject at all times to the policies (and, where applicable, other terms and conditions) of that Participating Store regarding the goods and services made available by it. For example, if you are under the age of 16, your Store eGift Card cannot be Redeemed for products such as knives or, if you are under 15, a Participating Store may not supply you with video games or other material classified as MA15+.

6.7. Where the price of the goods or services being purchased with the Store eGift Card exceeds the Card Balance, you must pay the amount exceeding the Card Balance by an alternative payment method at the discretion of the relevant Participating Store.

6.8. Once your Store eGift Card has reached its Expiry Date, any unspent value cannot be used or Redeemed by you.

6.9 Once your Store eGift Card has reached a nil balance it cannot be re-activated.

6.10 The Redemption of Store eGift Cards is restricted to the purchase of standard retail quantities of goods.

7. No recharging of the Store eGift Card

7.1 After a Store eGift Card has been activated you cannot subsequently add value to it.

8. Transaction enquiries

8.1 You can check your Store eGift Card(s) Expiry Date, transaction history and Card Balance by:

a) Visiting the Website;

b) Calling 1300 10 1234; or

c) Downloading the Woolworths Money App.

8.2 To make a balance enquiry on your Store eGift Card as set out in clause 8.1, you must provide your Card Number and Access Code when prompted.

9. Lost or Stolen Store eGift Cards

9.1 You must treat your Store eGift Card like cash. If your Physical eGift Card is damaged, lost or stolen, please contact the store of purchase or the person or organisation that gave you the Store eGift Card. If your eGift Card is lost, deleted, damaged or stolen please email us using the Contact Us section of the Website. However, we have no obligation to replace or refund value for lost, stolen, damaged or deleted Store eGift Cards except where we have breached any condition or warranty implied under consumer protection legislation that cannot be excluded in these terms and conditions (for example warranties as to the exercise of due care

and skill in providing services and as to fitness for purpose of materials we provide).

9.2 We reserve the right to place a stop on your Store eGift Card if:

a) You report that your Store eGift Card has been lost, stolen, damaged or deleted;

b) We believe (or reasonably suspect) that you have used (or will use) your Store eGift Card contrary to these terms and conditions; or

c) We believe (or reasonably suspect) that there is an error with your Store eGift Card.

10. Liability

10.1 You are responsible for the use and safety of your Store eGift Card, and are liable for all transactions made on your Store eGift Card.

10.2 Subject at all times to the exceptions in clause 10.3:

a) we are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a Store eGift Card, these terms and conditions or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website; and

b) you agree to indemnify us against any claim, damages or expenses we sufer in

connection with the use of your photo, including any infringement of another person’s

intellectual property rights or unauthorised use of any image of any other person.

10.3 The exclusion of our liability and indemnity in clause 10.2 only applies to the extent permitted by law. Where consumer protection legislation implies any condition or warranty that cannot be excluded in these terms and conditions, we limit our liability for breach of any such implied conditions or warranties to re-supply of the services (or costs thereof). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause 10 will apply even afer this agreement has ended.

11. Relationship with us

11.1 Store eGift Cards may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval. Store eGift Cards that are used in marketing, advertising or other promotional activities in breach of this clause 11.1 will be invalid with the result that Recipients of those cards will not be able to use or Redeem unspent value on their Store eGift Cards.

11.2 Use of our name or brands, or any names, logos or get-up of Store eGift Cards (other than in connection with the purchase or use of Store eGift Cards), is strictly prohibited.

11.3 You must not use a Store eGift Card in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates.

12. Errors and complaints

12.1 If you have questions or wish to make a complaint about your Store eGift Card, contact us

by:

a) Using the ‘Contact us’ section of the Website; and/or

b) Calling our Customer service team on 1300 10 1234.