This Schedule sets out the details of the Myer competition. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).
‘Win a share in 50 million MYER one Shopping Credits’
That’s $500,000 in Myer e-Vouchers!
Game of skill/chance
This is a game of chance.
Myer Pty Ltd (ABN 83 004 143 239)
Authorised under: NSW LTPS/18/22735; SA T18/363; ACT TP18/00425
All Australian States and Territories.
The Promotion starts on 18 April 2018 at 12:01AM AEST.
The Promotion closes on 13 May 2018 at 11:59PM AEST.
An individual is an Eligible Person if they are:
1) An Australian resident;
2) Are an existing MYER one Member with a valid email address in their MYER one account; or sign up to be a MYER one Member, have a valid email account and complete the verification process
Directors, management, employees, officers and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Winners may be required to verify their identity, verification requirements are at the Promoters discretion.
During the Promotion Period, entrants must:
a) be an Eligible Person; and
b) Purchase any Participating Product at any Myer store, online at www.myer.com.au or online at www.market.myer.com.au (only where Myer is the seller)
c) Enter or present MYER one Card prior to the completion of the sale transaction
MYER one Requirements
All entries are registered to the Primary MYER one Member account, including those purchases made by a MYER one Additional Cardholder.
Entrants must ensure that their MYER one contact details including email address are complete and up to date. Myer may exclude an entry that has incomplete, invalid or inaccurate contact information.
Entries will be deemed to be accepted at the time the MYER one card number is registered in the MYER one database. The Promoter takes no responsibility for late or lost entries. Purchases which are returned during the Promotional Period will be excluded as an entry.
At the time of the Prize draw there must be at least one valid sale transaction made during the Promotional Period registered against the MYER one Member’s account in order for the MYER one Member to be eligible to claim the Prize.
Participating Products (if applicable)
Purchases at Myer stores, online at www.myer.com.au or online at www.market.myer.com.au (only where Myer is the seller). Purchases must be paid in full and not subject to a return or cancellation during the Promotional Period. Excludes purchases of gift cards, experience vouchers, purchases made on the eBay Myer store, The Myer Market (where Myer is not the seller), Give Registry, non-merchandise donations, Lay-by payments or credit card payments, Miele, some service or food outlets, MYER one Affiliates and corporate or commercial purchases.
Total Number of Entries for Promotion
No cap on total entries for the promotion.
Maximum Number of Entries per Entrant
Multiple entries are allowed, provided each entry meets the Entry Procedure and the Participating Product has not been the subject of a return or cancellation.
Date: Thursday 17 May 2018
Time: 12:00PM AEST
Location: 49 Annie Street, Wickham NSW 2293.
The 50 million MYER one Shopping Credits will be split as follows -
Total No. of Winners
Prize (each winner)
ONE MILLION MYER one SHOPPING CREDITS (issued as a AUD 10,000 Myer e-voucher)
26 million MYER one Shopping Credits
4,000 MYER one Shopping Credits (issued as a AUD 40 Myer e-voucher)
8 million MYER one Shopping Credits
2,000 MYER one Shopping Credits (issued as a AUD 20 Myer e-voucher)
16 million MYER one Shopping Credits
Number of winners by state
Entrants will be entered into the state that the Primary MYER one Member account is registered to. Winners will be awarded in the order they are drawn based on the state breakdown below. For an example the first eight valid winners drawn in NSW will win the major prize, the next 640 valid winners drawn will win the minor prize etc.
Prize Restrictions (if any)
One prize per person, except South Australia who can win multiple.
Major winners may be required to participate in promotional activity in relation to this promotion, including participating in photography, video and print activity – without remuneration.
Total Prize Pool
The prize pool is valued at AUD 500,000 (GST does not apply to the issuing of Shopping Credits)
Notification of Winners
Winners shall be notified via email by no later than 11:59PM AEST Monday 21 May 2018 Publication Dates
Tuesday 22 May 2018 via www.myer.com.au
Prize Claim Date
Any prizes not claimed by 30 June 2018 at 11:59PM AEST
Claim instructions will be detailed in the winners email notification.
Unclaimed Prize Arrangements
Due to the use-by date of Myer e –voucher, if a prize remains unclaimed as at 1 July 2018 at 12:00pm, the Promotion, along with State and Territory authorities, will conduct a unclaimed prize draw on 1 July 2018 at 1:00PM AEST. Winners will be notified by 4 July 2018 and must claim prizes by 10 July 2018 11:59PM AEDT. Further unclaimed prizes will be forfeit.
Draw Location: 62 Corlette Street, Cooks Hill NSW 2300.
TERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. The Promoter is Myer Pty Ltd, of Level 7, 800 Collins Street, Docklands, Vic, 3008 (ABN 83 004 143 239).
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person?? includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.
8. Once submitted, the entrant cannot alter or delete their entry.
9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.
10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.
11. If the Promotion involves mail entry, each entry must be sent in a separate envelope.
12. If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST), whether sent during or outside the Promotion Period. SMS entry is only open to entrants with a compatible mobile phone connected to a service provider that permits text messaging to the Promotion SMS number. Entrants are encouraged to check this with their service provider before entering the Promotion. SMS entries must be submitted from the entrant’s mobile phone.
13. If the Promotion involves entry via a competition phone line, the maximum cost of a call to the competition phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones.
14. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.
15. If the Promotion is a game of chance and involves the entrant purchasing a ticket (Entry Ticket), the Entry Ticket must be purchased at a legitimate Myer Point of Sale counter. On completion of the purchase, the entrant will be provided with a legitimate Myer Point of Sale receipt which details the store number at which the purchase was made, the time of transaction, the date and the details of the purchase. It is the responsibility of the entrant to check that they are provided with a legitimate Myer Point of Sale receipt containing these details at the time of purchase. If the receipt does not contain these details, the entry will be deemed an ineligible entry.
16. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
JUDGING OF ENTRIES FOR GAMES OF SKILL
17. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
18. The prize(s) will be awarded to the valid entrant or entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. 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.
19. The judges' decisions are final and no correspondence will be entered into.
PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE
20. If the Promotion is conducted via the Social Networking Site, entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the Social Networking Site.
21. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the Social Networking Site.
22. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the Social Networking Site.
23. Entrants release the Social Networking Site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
24. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
25. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
26. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.
27. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
28. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, 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.
29. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
30. An entrant’s entry must not include:
(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including but not limited to, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
31. By entering this Promotion all entrants:
(a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material);
(b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future;
(c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
(d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trade mark claims, by other persons.
32. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.
DETERMINING AND NOTIFYING WINNERS IN GAMES OF CHANCE
33. The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.
34. If the Promotion includes instant win prizes, the instant win prize(s) will be awarded to the valid entry or entries (as applicable) in accordance with the Entry Procedure.
35. Winners will be notified as specified in the Schedule and their name and State or Territory of residence will be published in accordance with the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State or Territory of winners on their website(s) and in trade publications. By entering this Promotion, each entrant requests that his or her full address not be published.
36. Entrants must, at the Promoter’s reasonable request, participate in all promotional and editorial activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time. The entrant also consents to the Promoter submitting for use such broadcast, film, photograph or other recording to the Promoter’s contractors, the Promoter's contractor’s contractors and the Promoter’s agents.
PRIZES - GENERAL
37. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
38. The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over, or if a person is under the age of 18, require that the person be accompanied by a parent or legal guardian while taking the prize.
39. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.
40. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
41. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including, online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize.
42. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
43. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
44. Without limiting the above terms and conditions, the Promoter may at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
45. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
46. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.
47. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES
48. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
49. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
50. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
51. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.
52. If the prize includes any vehicle (Vehicle), including a motor vehicle, motorcycle, motor scooter, boat or any other vehicle, the prize does not include any insurance or accessories unless otherwise specified in the Prize Details. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle.
54. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).
55. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.
CANCELLATION OF COMPETITION
56. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State