Legal Section: Flybuys Kmart Competition

Full Competition Terms & Conditions

Major prize winner - S. Obieglo, 3022

General

1. The competition is a game of chance and is authorised under the permits.
2. The material used to market and promote the competition forms part of the competition terms. If there is an inconsistency between the material used to market and promote the competition and the competition terms, the competition terms prevail.

Eligibility to enter

3. During the competition period, anyone may enter the competition, provided that they are:

1. over 18 years of age;
2. a resident of Australia;
3. a valid current Flybuys member or new Flybuys member who joins during the Promotional Period (to be a valid Flybuys member the Flybuys member account must include the member’s first and last name, a postal address, an email address and a contact phone number current at time of draw and prize distribution); and
4. not an employee or immediate family member of the promoter or an agent of the promoter who is connected with the competition.

Entering

4. By entering the competition, entrants accept the competition terms.
5. To receive an automatic entry (or entries) in the prize draw entrants must do one or both of the following actions between 12:01am (AEDT) on 01/12/2021 and 11:59pm (AEDT) on 31/12/2021 (Competition Period):

1. Spend $10 or more in one transaction (one entry will be received for every $10 spent) after any applicable discounts and exclusions set out below (‘Qualifying Spend’) at any Kmart or Khub store or Kmart Online and scan their Flybuys card in-store or enter their Flybuys card number online at time of purchase. Online orders must be delivered or collected during the promotional period to qualify. Multiple entries within a single shop are permitted e.g. spend $30 in one transaction (after exclusions) and receive 3 entries into the draw;
   OR
2. Spend $10 Flybuys Dollars or more in one transaction (two entries will be received for every $10 Flybuys Dollars spent) after any applicable discounts and exclusions set out below (‘Qualifying Spend’) at any Kmart or Khub store and scan their Flybuys card in-store at time of purchase. Multiple entries within a single shop are permitted e.g. spend $30 Flybuys Dollars in one transaction (after exclusions) and receive 6 entries into the draw.

6. The Qualifying Spend is calculated after applying all savings and discounts and excludes purchases of gift cards and iTunes cards, lay-by purchases and payments, online services and delivery charges.
7. You may enter as many times as you like provided the entry criteria detailed in paragraph 5 are met.
8. If, subsequent to a qualifying entry, you do not wish to participate in the competition you must advise the promoter by calling the Flybuys service centre (13 11 16).
9. The promoter may disqualify any entrant who:

1. enters the competition without being eligible;
2. tampers with the entry process;
3. submits an entry that is not in accordance with the competition terms; or
4. in entering the competition, engages in conduct which is fraudulent, misleading, deceptive or damaging to the goodwill or reputation of the competition or the promoter.

10. Failure by the promoter to exercise its rights under paragraph 9 does not constitute a waiver of the promoter’s rights under paragraph 9. If the entrant’s contact details change, the entrant must notify the promoter.

Drawing winners

11. The promoter will draw the winners from the pool of valid entrants at the draw time on the draw date at the draw address.
12. The first valid entry drawn will win the Major Prize and the next 2,000 valid entries drawn will each win a Minor Prize, subject to the promoter’s rights under paragraph 9.
13. The promoter will notify the winners by email within 7 business days after the draw date.
    The Major Prize winner’s name and postcode will be posted on the Flybuys website on or before 20/01/2022 for a period of 7 days and a list of Minor Prize winners will be available on request.
14. The awarding of prizes is restricted to one prize per entrant except for SA.

Awarding prizes

15. Each prize will be automatically allocated to the Flybuys Account associated with the Winner’s Entry by 27/01/2022.
16. The promoter may request that the winner provide proof of identity, proof of age and proof of residency to the promoter’s reasonable satisfaction before awarding the prize. If the winner does not provide proof of identity, proof of age or poof or residency to the promoter’s reasonable satisfaction within 3 months after being selected as a winner, the promoter may redraw the prize in accordance with paragraph 19.
17. In consideration of the promoter awarding the prize to the winner, the winner:

1. consents to the promoter using his or her name, likeness, image, voice and entry in any marketing and promotion of the competition, the promoter or the promoter’s business;
2. agrees to use the prize in accordance with the supplier’s specified requirements;
3. agrees that the prize is not transferable or exchangeable and cannot be taken as cash;
4. agrees to comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties;

18. If the prize is unavailable, the promoter may substitute the prize with a substitute prize, provided that the substitute prize is of the same or similar value or specification as the prize subject to legislative approval.

Further draw

19. If for any reason, there are prizes that have not been awarded within 3 months after the draw date the promoter may conduct a further draw from the pool of valid entries at 10:00am (AEST) on 14/04/2022 at Focal Promotions, 2/7 Stayner Street Beaumaris VIC 3193.
20. The first valid entry the promoter draws is the winner, subject to the promoter’s rights under paragraph 9.
21. The promoter will notify the winner by email within 7 days after the further draw date. The promoter will post the winner’s name and postcode on the Flybuys website within 7 days after the further draw date.

Force majeure

22. If there is a force majeure event which prevents or materially and adversely affects the promoter’s ability to market, promote and run the competition in accordance with the competition terms, the promoter may cancel, terminate, modify, suspend or postpone the competition subject to State Licensing Authorities approval.

Liability

23. The promoter is not liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including:

1. any late, lost, altered, damaged or misdirected entries or prize acceptance, including delays due to technical disruptions or network congestion;
2. any incorrect or inaccurate information caused by equipment or programming associated with or utilised in the competition;
3. any technical error, including any omission, interruption, deletion, defect, delay in operation or transmission or communications line, telephone, mobile or satellite network failure; and
4. any theft, destruction, unauthorised access to or alteration of entries; and
5. any use of the prize or any tax liability incurred by the winner as a result of accepting the prize.

24. Nothing under paragraph 23 is intended to limit entrants’ or winners’ rights under the Australian Consumer Law.
25. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram and neither Facebook or Instagram are liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including anything detailed in paragraph 23.

Personal information

26. The promoter collects personal information about entrants in order to run the competition and comply with the permits. The promoter uses and manages entrants personal information in accordance with its privacy policy at https://experience.flybuys.com.au/policies/privacy-policy/. By entering the competition, each entrant consents to the promoter disclosing the Winners’ First Name, Last Name and email address to Focal Promotions (ABN: 76 007 374 325) for draw eligibility requirements. By entering the competition, each entrant consents to the promoter using their personal information for future marketing and promotional purposes. Promoter can be contacted by mail at Loyalty Pacific Pty Ltd, Tower 2, 123 St Georges Terrace, Perth WA 6000 for any privacy related queries.

Meanings

27. In the competition terms, the following words have the following meanings: