Terms and Conditions

 TERMS AND CONDITIONS

The following terms and conditions shall apply to all the Promoter’s contests (“Contest”). They may be amended or varied from time to time by the Promoter and special rules may apply to particular contests, in which case an addendum to these rules will be made for that specific Contest.

The Contest giftcardgiveaway.com.au (“Contest”) is organised by EMBR Group Pty Ltd – ABN 27 417 837 587

  1.  (“The Promoter”):

EMBR Group Pty Ltd
Suite 12, 281 Brunswick Street

Fitzroy, VIC, 3065

Australia.

EMBR Group Pty Ltd main business activity is to collect data for purposes of promoting and marketing of products or services offered by EMBR Group and it’s sponsors and clients.

  1. Conditions of Participation
    1. The Contest is open to all Australians who are at least 18 years of age at the time of participation.

You are ineligible to enter a competition if:

      • You are an employee of, or contractors to, the Promoter or any of its agencies involved with this competition; or
      • You are the spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of such employees and contractors (whether or not they live in the same household).
      • You have won a prize/prizes valued either individually or collectively at more than $49 from the Promoter or in any contest run by the Promoter in the prior 30 days.
      • You have been discovered to have used or attempted to use any more than one name on order to qualify to win any contest run by the Promoter except in the case of a legal change of name.
      • You have been an employee of the Promoter within the last 60 days.
    2. All contestants acknowledge that the Promoter can rely on Clause 2.1 – even if the Promoter learns of a person’s ineligibility after the Promoter has appeared to award the prize to the ineligible person. Return of the prize or payment of its value to the Promoter can be required by the Promoter if this occurs.
    3. Participation in the Contest shall be via giftcardgiveaway.com.au (and its related sites and sub-sites) after 1/07/2019 at midnight (“Start Date”).
    4. All entries for the Contest must be submitted to the Promoter via giftcardgiveaway.com.au (and its related sites and sub-sites) on or before the close of each draw (see below).
  1. Registration

To participate in the Contest, participants are required to register at the website by providing the following information:

    • Gender
    • First Name
    • Last Name
    • Email
    • Street address
    • Postcode
    • City
    • State
    • Date of birth

Participants are required to ensure that the information provided for registration of the Contest is valid, complete and accurate. In the event that such information is found to be invalid, incomplete and inaccurate, the participants will automatically be disqualified from the Contest. Participants are required to inform the Promoter of any changes to the information provided to the Promoter in accordance with the provisions of clause 3 above prior to the Closing Date (as hereinafter defined).

  1. Duration and Value of Prizes in the Promotion
  1. Prize Draws

A prize draw will be annually. There will be one prize winner per draw. The prize winner will be notified of the win within three (3) business days of the draw end date. No individual prize will exceed $1000, and the total prize pool is capped at $1,000. No prohibited prizes will be given away. The prize draw details are below:

Draw Number: 0001
Start Date: 01/05/2021 00:00:00
End Date: 30/06/2022 11:59:59
Draw Prize: Winners choice of $1,000 gift card from any of the listed retailers or agreed retailer of the winners choice, provided it is obtainable and agreeable to the promoter.

  1. Date, time and place of Draw

All draws will take place at various times, according to their respective draw date (as above) at the following location:
Suite 12, 281 Brunswick Street

Fitzroy, VIC, 3065

Australia.
If the location of the draw changes, these terms and conditions will be altered within 30 days. The winner of the minor draws & major draws will be notified within 4 weeks by email, followed by a written confirmation at the following URL https://www.giftcardgiveaway.com.au

  1. Ownership of entries
    1. All entries (whether in written, audio or visual form, or a combination of those) become and remain the property of the Promoter (subject to the limits contained in the Privacy Statement).
    2. All winners’ names and contact details will be kept on record, including the prize value awarded to that person to ensure conditions of the Blanket Permit are met.
  2. Nature and Value of Prizes
    1. NSW Permit Number: LTPM /19/04569 – The individual value of each prize will not exceed $1000 and the total value of prizes awarded under this Blanket Permit will not exceed $100,000.
    2. All prizes must be collected within 4 weeks from the date of winning. In the event a winner choosing not to collect their prize within that period forfeits any and all claims to such a prize an alternate will not be offered.
    3. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
    4. Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable due to unforeseen circumstances, the Promoter may substitute a prize of like or equal value.
    5. In relation to prizes involving participation in any activity:
        1. The Promoter and its employees and agents will be fully released from and indemnified by the winner in respect of any claim for accident, injury, property damage or loss of life in connection with the winner’s participation in the prize.
    1. Claim for Prizes
  • The relevant prize will be delivered to the winner’s home address or to a collection point close to his/her city of residence in Australia.
  • Prize winners are required to make a social media post claiming they have won on their on social media profile.
  • In the event that the prize remains unclaimed by the winner (‘unclaimed’ is defined as prize recipient not confirming via email communication that the will claim the prize), the Promoter will conduct an “Unclaimed Prize Draw” to determine another winner 2 weeks after the unclaimed prize draw date (“Unclaimed Prize Draw Date”) at
    Suite 12, 281 Brunswick Street

Fitzroy, VIC, 3065

Australia.

  • The winner of the Unclaimed Prize Draw will be notified within 4 weeks of the Unclaimed Prize Draw Date by email, followed by a written confirmation at the following URL https://giftcardgiveaway.com.au/winner.php
    1. Prizes to be accepted “as is”

The Promoter reserves the right to determine the specifications and composition of the prizes. The winners shall accept the prizes on an “as is” basis.

  • .The Promoter makes no representation or warranty as to the quality or fitness for purpose of the prizes, and all implied terms and conditions with respect to the prizes are hereby expressly excluded and disclaimed.
  • The prizes shall exclude installation, registration fee and any other fees incurred by the prize winner in connection with the use of the prize.
    1. Publicity

Acceptance of a prize constitutes permission for the Promoter to disclose and publish the name and any other particulars of the winners (including photographs, place of residence, social-media profiles, audio & video recordings) for publicity and promotional purposes and the winners agree to co-operate with and participate in these activities organized by the Promoter without compensation for such purposes unless otherwise prohibited by law.

  1. Rules of conduct and disqualification

The Promoter reserves the right to disqualify any participants from the Contest who fail to comply with the terms and conditions stipulated herein, manipulate the participation process or the website of the Promoter and/or otherwise act unfairly or dishonestly or who try to influence the draw by disruption, harassment, annoyance of employees/software of the Promoter, the sponsors or other participants.

  1. Termination or Cancellation of the Contest

The Promoter reserves the right to cancel or terminate the Contest at any time without any prior notice given to the participants and without the need to assign any reason whatsoever for such cancellation or termination subject to any direction from the regulatory authority.

  1. Privacy Policy

By providing the Promoter with personal information, the participants signify that he or she agrees with the terms of the privacy policy imposed by the Promoter. If you do not agree with any term in the policy, please do not provide any personal information. For more information on the Promoter’s privacy policy see the respective webpage.

  1. Legal Proceedings and Liability
    1. The Promoter and its sponsors are not liable for any loss, late arrival, delay, alteration, manipulation and/or misdirection of emails and/or data during data entry, logging, transmission and/or storage which are caused by external data networks, in particular the Internet or as the case may be the world wide web, external telephone lines and/or other participants’ and/or third parties’ hardware and/or software, nor for any incorrect, missing, interrupted, deleted or defective data. In particular, no liability is assumed by the Promoter if emails or data provided through the Promoter’s website do not correspond with the requirements of the system and are consequently not accepted by the system.
    2. The Promoter and its sponsors are also not liable for any theft or destruction of the systems storing the data and/or storage media, unauthorised alteration and/or manipulation of the data in the systems and/or in the storage media by the participants or third parties, or any loss or damage incurred or suffered by the winner or the winner’s family members in connection with the use of the prizes.
  2. Third Parties’ Links

The Promoter does not assume any responsibility for the contents of any third party websites or web pages, the links to which are available or found in the websites of the Promoter. The availability of these links shall not be taken to mean that the Promoter endorses, approves or agrees with any information available at the linked sites or pages, or any products or services that are offered at such linked sites or pages. Nor shall the Promoter be liable for any loss or damage that might result from any use of such information, products or services.

  1. Applicable Law and Jurisdiction
    1. These Terms and Conditions of Participation shall be governed by Australian law.
    2. The Courts of Australia shall have exclusive jurisdiction over any disputes arising from these Terms and Conditions of Participation, including the validity and enforceability thereof.
  1. General
    1. By participating in the Contest, the participant declares that he or she agrees to be bound by these Terms and Conditions of Participation.
    2. The Promoter reserves the right to amend these Terms and Conditions of Participation without giving any prior notice to the Participants.
    3. Should any provision of these Terms and Conditions of Participation be held to be unenforceable under the applicable law, such provision shall be deemed severed from these Terms and Conditions of Participation, without affecting the enforceability or validity of the remaining provisions, which shall continue in full force and effect.

The Promoter: EMBR Group Pty Ltd – ABN 27 417 837 587.
Suite 12, 281 Brunswick Street

Fitzroy, VIC, 3065

Australia.

Promoter Contact Form: https://embr.com.au/contact-us

  1. Permit Numbers for NSW:

Authorised under:

      • NSW Permit Number: LTPM /19/04569