Jaggards 60th Anniversary Instant Win Promotion 

Schedule

Terms & Conditions

1. Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
2. Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise. 

Eligibility & Entry

1. Entry is open to residents of the Relevant States aged eighteen (18) years or over (Entrants). Employees, immediate family members, retailers, suppliers, associated companies, and agencies related to the Promoter are not eligible to enter in the Promotion. 
2. To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. 
3. Entrants may enter the Promotion up to the Maximum Number of Entries. 
4. Entries must be received by the Promoter during the Promotion Period. Online or email entries are deemed to have been received at the time of receipt by the Promoter and not at the time of transmission. 
5. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
6. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms & Conditions as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during completion of the Entrant’s completion of the Entry Procedure. 
7. 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 to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Prize Draw

1. The Prize draw to determine the winning Entrant for the Promotion will be conducted in accordance with the Draw Details. The Prize(s) will be awarded to the Entrant or Entrants (as applicable) randomly drawn in accordance with the Draw Details, provided the Entrant has complied with the Entry Procedure. Where more than one Prize is available, there is no limit to the number of Prizes that an eligible Entrant may win, up to the maximum number of Prizes. For the avoidance of any doubt, a Prize will only be confirmed upon validation of the winning Entrant’s proof of purchase. 
2. The Grand Prize will be drawn on the Draw Date and the Instant Prizes will be rewarded throughout the Promotional Period. 
3. The winning Entrants for the Grand Prize will be notified by email and/or telephone within forty eight (48) hours of the Prize Draw. 
4. Winners of the Instant Prize will be immediately notified on screen if they have won. They will receive an email with their prize details and the Instant Prize will be dispatched to them within 5-10 business days after validation of their receipt.   For the avoidance of any doubt, an Instant Prize will only be confirmed upon validation of the winning Entrant’s proof of purchase.
5. The winning Entrant’s full name and city of origin will be published in a national newspaper, and/or on the Site, or on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram. It is a condition of entry into the Promotion that the winning Entrant consents to the publication of such information and participates in any media releases which may include photographs of the winning Entrant by the Promoter. By entering into this Promotion, Entrants consent to the use of their names and likenesses in this manner. 
6. Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
7. As the Promotion is a game of chance, and subject otherwise to these Terms & Conditions, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter. The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision. 
8. In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.

 Prizes

1. The Prize(s) are specified in the Schedule. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH.
2. If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority. 
3. Cash: Where cash is awarded as a Prize, the Prize will be awarded in the form of a bank cheque, via PayPal transfer (fees may apply and are the responsibility of the winning Entrant) or electronic funds transfer to the winning Entrant’s nominated bank account, at the Promoter’s election.
4. Bullion: Where a gold or silver bullion is awarded as a Prize, the Entrants accept that its value may fluctuate depending on market rate. Any additional costs associated with redeeming the bullion prizes are the responsibility of the winning Entrant. 
5. Travel: If the Prize involves travel, the components of the Prize must be taken together when offered otherwise the Prize is forfeited. If the Prize involves travel and is awarded to multiple people, the winning Entrant and their companion(s) must travel together and depart from, and return to, the same departure point. The winning Entrant may not accrue any frequent flyer points from making use of the Prize. Any travel and accommodation are subject to availability and may be dependent on travel class availability and specific room category availability. Travel and accommodation will be arranged by the Promoter, or an agent nominated by the Promoter. Any additional costs associated with this travel are the responsibility of the winner. The terms and conditions relating to the Second Prize are:
   1. the Second Prize includes two (2) adult economy return fares; 
   2. the travel originates from the departure city of the Winning Entrant and arrives at Perth Airport, with the return journey to the departure city of the Winning Entrant; 
   3. transfers are not included for any part of the travel; 
   4. accommodation: three (3) nights' stay at DoubleTree by Hilton Perth Waterfront, located at 1 Barrack Square Perth, 6000 Australia; 
   5. accommodation room options: king guest room or twin guest room, subject to availability;
   6. the travel must be taken by the date specified: 30 September 2024;
   7. travel dates are subject to availability and must be mutually agreed upon by the prize winner and the travel provider;
   8. blackout dates and restrictions may apply;
   9. the Second Prize includes two (2) tickets to tour the Perth Mint;
   10. the prize cannot be transferred, exchanged, or redeemed for cash or credit;
   11. no spending money is included in the prize; 
   12. the Promoter reserves the right to refuse any travel requests or bookings falling within the peak period dates and public holidays;
   13. the specific peak period dates and public holidays will be determined by the Promoter and communicated to the Winning Entrant; 
   14. any additional costs or expenses incurred by the Winning Entrant, such as travel insurance, visas, or vaccinations, is their sole responsibility.
6. Gift Card: Gift cards will be awarded as digital gift cards and redemption will be only on the Site. A code will be sent to the winning Entrant for redemption at checkout. 
7. Attendance at a show: Where the any part of the Prize includes attendance at a show or event, if the show or event is cancelled, postponed or abandoned for any reason, the winning Entrant will forfeit all rights to attend the show or event and no cash or alternative tickets will be substituted in lieu. 
8. Storage: Free Storage will be provided for 3 months only. After 3 months the Winning Entrance can continue to vault with the Promoter at their standard fee charge, as outlined on the Site or as otherwise provided to them upon request.  

Claiming Prizes

1. The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Schedule. The Promoter may require the winning Entrant to provide relevant evidence in order to claim the Prize, such as proof of identity, age, and any relevant proof of purchase. 
2. If the winning Entrant does not claim the Prize before the Redemption Date, the Prize will be deemed to be forfeited by the Entrant. 
3. If any Prize remains unclaimed in accordance with clause 22, a second draw or selection for the Prize (Unclaimed Prize Draw), will take place on the first business day after the expiry of the Redemption Period at the same time, place and manner as the original Draw Details, subject to any directions from a regulatory authority.  The alternative winning Entrant, if any, will be notified by email and/or telephone within forty eight (48) hours of the Unclaimed Prize Draw.  

General

1. Personal information: The Promoter collects personal information from all Entrants in order to conduct the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Schedule) for more information about how the Promoter collects, stores, uses and discloses personal information, including details about overseas disclosure, access, correction, how Entrants can make a privacy-related complaint and the Promoter’s complaint-handling process. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause 25 and the Promoter’s Privacy Policy. 
2. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory legislation (Non-Excludable Guarantees). 
3. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms & Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. 
4. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

1. any act or omission of an Entrant;
2. any breach of these Terms & Conditions by the Entrant;
3. any personal injury or death or property loss or damage;
4. claiming the Prize;
5. use of the Prize in any way;
6. any theft of any Prize or unauthorised access or third party interference in the Promotion;
7. any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
8. any tax liability incurred by a winning Entrant,

except to the extent such liability was caused or contributed to by the Promoter’s negligent act or negligent omission.

1. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
2. Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.  
3. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs. 
4. Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
5. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
6. Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory. 
7. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
8. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
9. Last updated: 27 July 2023

© LegalVision ILP Pty Ltd 

ANNEXURE A