1 These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about Prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions and the Promoter’s decisions and interpretations, which are final and binding in all matters related to the Promotion. Entry 2 Your entry must be received during the Promotion Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless the product is defective). The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering including, but not limited to, any additional data rates you incur from your mobile phone provider. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified. Prizes 3 Prize/s and all elements of Prize/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including as to validity periods. 4 The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the Prize. 5 In no event will more Major Prizes than are stated in these Terms and Conditions be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set out in these Terms and Conditions, the Promoter reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. No Prize substitution or exchange will be allowed, except by the Promoter, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of a Prize for any reason. 6 You are responsible for all other unspecified costs related to the Prize, including any costs associated with ongoing use of the Prize, etc. General 7 Any failure by you to comply with the conditions imposed by the Prize supplier(s) may result in the Prize being cancelled or withdrawn without liability for the Promoter or the Prize supplier(s). 8 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your FYSH_792372v1 [117706-14] 13241348_38.docx © 2020 Gadens Lawyers 9 entries (including documentation establishing your identity, age, place of residence, place of employment and parental/guardian consent, if applicable). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights. 9 You must not: (a) tamper with the entry process; (b) engage in any conduct that may jeopardise the fair and proper conduct of the promotion; (c) act in a disruptive, annoying, threatening, abusive or harassing manner; (d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion; (e) breach any law; or (f) behave in a way that is otherwise inappropriate. 10 The Promoter is not liable for entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted. 11 If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a Prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this promotion is final. 12 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all Prizes (and elements of Prizes) must be taken as and when specified, or will be forfeited with no replacement. The Prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in Prize value. You agree that if a Prize (or element of a Prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities. 13 By entering, you request that your full address not be published. 14 Printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid Prize claim. Every instant win Prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions. 15 If this promotion cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the promotion or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities. Where it is practical for it to do so, the Promoter will notify you of such changes. 16 The Promoter is not responsible for any tax implications arising from you winning a Prize. You should seek independent financial advice. In Australia, if for GST purposes this promotion results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. Liability 17 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) and the New Zealand Consumer Guarantees Act 1993. 18 Subject to clause 17, by participating in this Promotion, you agree the Promotion Entities, Subway IP LLC, Franchise Work Headquarters LLC, Subway Systems Australia Pty Ltd, Subway International B.V., Subway® Restaurants, Subway® Franchisees, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (Released Parties) are not responsible for: (a) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email/text notifications or postal mail; FYSH_792372v1 [117706-14] 13241348_38.docx © 2020 Gadens Lawyers 10 (b) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (c) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (d) any technical, mechanical, programming, printing or typographical or other error; (e) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (f) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorised access to the Promoter; and (g) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Terms and Conditions. Further, the Released Parties are not responsible for any unanswered or undeliverable winner notifications. 19 By entering the Promotion, you agree: (a) to be bound by these Terms and Conditions, including entry requirements; and (b) subject to clause 17, that the Released Parties are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this promotion or any Prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law). 20 Subject to clause 17 above, everything regarding this Promotion, including each Prize, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. 21 Without limiting clause 19, the Promoter and the agencies and companies associated with this Promotion are not liable for any loss of, damage to or delay in delivery of Prize/s, or for any damage that occurs to displayed Prize/s (where relevant). Unless otherwise specified, Prize/s will only be delivered to addresses in Australia or New Zealand. 22 This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.