Terms and Conditions
About These Terms and Conditions
We recommend that you keep a copy of the Ts and Cs for future reference. We may modify the Ts and Cs at any time by updating and posting them on this Site. By accessing or using this Site, or placing any Order through the Site, you agree to these Ts and Cs. If you do not agree to these Ts and Cs you may not use this site.
These Ts and Cs also apply to the sale of any of our Products via methods other than the Site, including sales by telephone, email or other means, unless otherwise specified in writing.
Eligibility to Purchase
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide at the time of ordering are both valid and correct and that you are the person referred to in the billing information provided.
We sell and ship Products only within Australia. We will not make deliveries outside of Australia or to parcel lockers within or outside of Australia.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Ts and Cs. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however, we will make every effort to supply the Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed and security checks, for the purpose of preventing credit card or payment fraud. To the extent permitted by law, we and our affiliates reserve the right to reject all or part of an Order, refuse service, terminate accounts, remove or edit content, refuse to process Orders, or cancel Orders that we have previously accepted in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order if:
- We are unable to obtain authorisation for payment;
- The Product ordered is out of stock;
- The Product does not satisfy our quality control standards and is withdrawn;
- You do not meet the eligibility criteria set out within the Ts and Cs;
- The Product ordered is subject to an error on the Site, for example, in relation to a description, price or image; or
- An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, pandemic or epidemic disease, act or intervention of a competent judicial or regulatory authority (such as a change in Covid-19 alert levels or Government public health orders), or any other event beyond our reasonable control that, including any act or omission of any third party means that we are unable to supply the Product within a reasonable time.
Subject to applicable laws we will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
We have made every effort to display as accurately as possible the colours of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
2. Pricing and Stock Availability
We always seek to list Products with the most competitive prices. We are constantly revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for our Products is subject to change. We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order. We otherwise reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
Information contained throughout the Site and in our database is believed to be accurate and reliable at the time of publishing. The Site may contain errors, omissions, faults or inaccuracies and may not be complete and current. We reserve the right to make changes and corrections in prices, Products, and specifications without notice. If there is a pricing error on the Site will endeavour to correct as soon as possible. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If your Order is cancelled after you have paid for the Products as a result of any changes made to the price, Products or specifications, you will receive a full refund in the same tender as your original purchase.
Coupons and Discounts
Any coupon codes, including free shipping or discount offers, are valid at the time of Order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honoured on Orders successfully placed if used incorrectly or inappropriately. We reserve the right to cancel any Order relating to a coupon code that we deem to have been used incorrectly or inappropriately.
Coupon codes must not be shared publicly. Sharing codes on a public forum is a breach of our Ts and Cs. It is your responsibility to read specific details about a coupon code, which may outline what it can or cannot be used for; for example, whether it requires a minimum spend or whether it applies to a specific range of Products or is available to a specific group of people only.
The promotions and sales prices that are offered on the Site are available online only. They may not correspond to those in-store. Our stores may operate other promotions and sales concurrently. Promotions are available for a limited time only, for as long as they are advertised on the Site. We reserve the right to extend or withdraw a promotional or sale offer at any time without notice. Promotion codes are not valid to be used in the same Order as other promotion codes. Promotion codes are not valid on gift cards or online gift vouchers. Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the Site (e.g., duration of the promotion or sale, method of calculation of savings etc.). Please read these additional terms and conditions carefully.
Next day dispatch cannot be guaranteed during promotional periods.
Your Data - Use and Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for our transactions with our customers and take reasonable care to ensure that our Site is secure, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
We will take reasonable care to keep the details of your Order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
Fraud Protection or Prevention Procedures
To help ensure we remain a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct. Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. This process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then unfortunately we may not be able to continue to process your Order. If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your Order. If we can’t confirm your identity within 7 days, we will cancel your Order and process a refund within 24 hours of our last attempt to contact you.
Orders by Telephone
Making Orders over the phone may require you to register an account with us and give us and/or send us information. We also reserve the right to require more information not limited to: an authorisation email and/or a digital recording of the transaction, your financial information and/or credit card information and/or any identification and/or proof that you are who you say you are, all at our discretion. By giving us your financial information this shall be considered full authorisation to charge your card for the amount discussed.
Use of this Site
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site, including any online comments, product reviews or posts to this Site.
You may not upload to or in any way amend or deface our Site or allow it or cause it to be used for any purpose that is not lawful and you must abide by all applicable laws, regulations and codes of conduct.
In particular, you must not use our Site in any way to:
- disparage, embarrass, defame, abuse, harass, stalk, threaten or otherwise offend others including us;
- send unsolicited emails or spam as though, from or via our Site;
- transmit anything that contains viruses, or other computer code, files or programs designed to interrupt, limit or destroy the functionality of the Site or any other computer software or hardware;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or any of our intellectual property rights in the Site without our prior written consent;
- submit or post any content that contains personal information about any individual, violates the privacy of any person, or includes anything that you are under a contractual obligation to keep private or confidential; or
- impersonate any person or organisation, including without limitation, our personnel, or misrepresent an affiliation with another person or organisation; or
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Ts and Cs, we may deny you access to this Site on a temporary or permanent basis.
If you upload, post or send us certain specific creative ideas, suggestions, proposals, plans, product reviews, comments, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us or upload to or post on our Site. We are and shall be under no obligation to pay compensation for any comments or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. er users, for use on other media or platforms known or developed in the future, such as for use on mobile phones, or in video, music, software or other computer programs.
You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Ts and Cs or any other legal obligation by you or your use of or conduct on our Site.
Social Networking Sites
All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect our opinions or ideas or that of our employees and we are not responsible for any such content unless it is posted on or originated from our official social media pages.
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to its Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these Ts and Cs if such delay is caused by circumstances beyond our reasonable control , and in such circumstances, we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site (IP). All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Warranties and disclaimers
The Site is provided ‘as-is’ and ‘as available’ without any express or implied warranty.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Site or any data, content, materials and images on the Site (“Site Content”), including but not limited to warranties or representations that they will be true, accurate, complete or up-to-date, that use of them will be uninterrupted or error-free or free from viruses, or that the Site will be secure.
You acknowledge that use of the Site (including the software operating in connection with the Site) may be interfered with by numerous factors outside of our control.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Ts and Cs by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that to the maximum extent permitted by law, we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these Ts and Cs.
To the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence) breach of statutory duty or otherwise arising out of, or in connection with, your use of the Site and/or any Site Content, or as a result of the inaccessibility of the Site and/or the fact that certain Site Content (including content made available via third parties) is untrue, incorrect, incomplete or not up-to-date.
You acknowledge that if you breach the Ts and Cs and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the Ts and Cs. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the Ts and Cs in any way.
You may not assign any rights and obligations under these Ts and Cs whether in whole or in part without the prior written consent of us. Any unauthorised assignment shall be deemed null and void.
You acknowledge and agree that the Ts and Cs together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia, and the relevant courts of Australia will have exclusive jurisdiction.
Reading Down & Severability, Inconsistency
If any portion of these Ts and Cs is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the Ts and Cs and the rest of the Ts and Cs will not be affected by the severance. If any portion of these Ts and Cs is inconsistent with any other policies or terms constituting these Ts and Cs, then these Ts and Cs will prevail to the extent of the inconsistency.
Bessemer 30 Day Money Back Guarantee
We are confident you won’t need to make a claim with our NEW Bessemer cookware as its designed for a lifetime of cooking. However any claims for the 30 Day Money Back Guarantee must be made with proof of purchase and sending the actual product back to us.
Bessemer **Limited Time Offer - 30 Day Money Back Guarantee – Terms and Conditions:
- This offer applies to qualifying purchases of Bessemer cookware bought during the 30 Day Money Back Guarantee promotion between 20 September 2021 and 19 October 2021.
- Only purchases from Global Retail Brands Australia Pty Ltd (GRB) are valid and all claims must be made directly to GRB.
- For online purchases, claims must be made to GRB within 30 days of the date the product is delivered to you. You must do this by emailing us at firstname.lastname@example.org or completing the online form (with proof of purchase attached or order or tax invoice number provided) to obtain a Return Authorisation (RA) Number, which you will receive by email and must be placed on the packaging of the returned product. You must return the product to GRB by post within 30 days of receiving the RA Number to qualify for a refund. You are responsible for paying the cost of postage and packaging in returning the product. Items purchased on our website must be returned by post.
- For in-store purchases, returns must be made in-store within 30 days of purchase. You must present proof of purchase. If you are unable to return your product in-store due to COVID-related delays, you may return it by post by following the claims process described in item 3 above.
- If you are unable to comply with the set timeframe due to exceptional circumstances (eg. due to COVID-related restrictions), GRB may, at its discretion, extend this timeframe.
- This offer is open to Australian residents only.
- This promotion is offered to the original purchaser of the product only. The promotion does not cover commercial use of the product.
- Refunds will be processed upon the product being received by us. All refunds will be credited only to the credit or debit card that was used to make the original payment. The amount refunded will be the price paid as shown on the receipt or proof of purchase and excludes cost of shipping.
- No responsibility will be accepted for returned products which have been lost, misdirected or damaged in transit or return claims made past the deadline.
- This offer is in addition to other warranties offered by GRB in relation to the product.
- This offer does not affect your statutory rights.
Bessemer Affiliate Program
PLEASE NOTE: OUR AFFILIATE PROGRAM IS NOW CLOSED.
Bessemer Affiliate Program Terms and Conditions
(a) The Bessemer Affiliate Program is managed by Global Retail Brands Pty Ltd (we, or us). It allows certain Bessemer affiliates (you) to promote Bessemer products (Products) to customers using unique discount codes issued by us (Unique Discount Codes).
(c) By applying to participate in the Bessemer Affiliate Program, you agree to the terms of this Agreement.
(a) You can apply to participate in the Bessemer Affiliate Program by completing this form or using any other method we provide.
(b) We will assess and approve applications, at our discretion.
(c) If your application is approved, we will provide you with a Bessemer Distributor Representative number, a unique referral link (Unique Affiliate Referral Link), Unique Discount Codes, and instructions to create your account on the Bessemer Affiliate portal (Portal).
(d) You will receive the following two Unique Discount Codes:
(i) a Unique Discount Code for a 10% discount, for use on full priced Products; and
(ii) a Unique Discount Code for a 5% discount, for use on Products that are part of a promotion (such as a Product discounted off its standard price or a Product with a free lid or other free Product).
3. How it works
(a) Each time a customer makes an Eligible Purchase:
(i) the customer will receive a discount based on the Unique Discount Code used in accordance with clause 2(d); and
(ii) you will earn a commission of 10% of the Price Paid (Commission).
(b) Price Paid means the total amount paid by a customer for an Eligible Purchase, less any shipping costs.
(c) Eligible Purchase means the purchase of Products on www.bessemer.com.au (Bessemer Website) in an order that:
(i) a customer places and pays for, having used your Unique Affiliate Referral Link, and Unique Discount Code at checkout; and
(ii) we have accepted.
(d) Your Unique Discount Codes cannot be used in the same order, or in addition to another offer, discount or promotional code, unless stated otherwise. (e) You will receive an automated email each time a customer makes an Eligible Purchase.
4. Payment and reporting
(a) The Commission is in the form of a monetary amount paid to your nominated PayPal account.
(b) You will need to link a valid PayPal account to your dashboard on the Portal in order for us to pay your Commission.
(c) We will pay your total earned Commission at the end of each calendar month for that month, provided you have linked your valid PayPal account to your dashboard on the Portal with 14-day payment terms.
(d) We will not pay your Commission if:
(i) a customer returns, or indicates an intention to return, a Product that is part of an Eligible Purchase;
(ii) we cancel the order for an Eligible Purchase in accordance with our terms and conditions or policies or for any other reason (acting reasonably);
(iii) you breach this Agreement;
(iv) you engage in any illegal, unlawful or fraudulent activity in connection with your Unique Discount Codes;
(v) you make any disparaging or defamatory comments about us or the Bessemer brand, including on social media or other platforms; or
(vi) we determine there is another valid reason to do so in accordance with our terms and conditions or policies or for any other reason (acting reasonably).
(e) If a circumstance in clause 4(d) arises and we have already paid you the Commission, we will deduct it from your next Commission payment, or if there is no further Commission payment, you must reimburse to us the Commission amount paid to you using the payment method we advise.
(a) Customers who purchase Products using your Unique Discount Codes are Bessemer customers, not your customers.
(b) If a customer contacts you in relation to the Products, Bessemer brand or Bessemer Website, you must direct the customer to contact us at email@example.com to address those queries or issues.
6. Unique Discount Codes and disclosure of relationship
(a) You can share your Unique Discount Codes, including to your social media accounts and via email.
(b) You are responsible for all shares of your Unique Discount Codes.
(c) You must clearly and prominently disclose your Bessemer Affiliate status in all posts, publications and other advertisements containing your Unique Discount Codes, including by using the #bessemeraffiliate hashtag on all social media posts.
7. Intellectual property
(a) We own all trade marks, copyright and other intellectual property rights in or on the Bessemer Website, Portal and Products, unless stated otherwise. This includes branding, text, images, graphics, and their arrangement on the Bessemer Website and Portal. You may not use or reproduce this intellectual property except as expressly permitted by this Agreement.
(b) You may not modify, copy, re-publish, frame or distribute any part of the Bessemer Website or Portal (including the information contained within it) or use them in a way that infringes the intellectual property or other rights of us or any third party.
(a) You warrant on an ongoing basis that:
(i) the information you provide to us is accurate, complete and not misleading; (ii) you will only make true and accurate representations about the Bessemer brand and Products;
(iii) you will keep your Portal account secure;
(iv) you will only use the Portal for the features we deliberately make available, and not do anything that compromises or disrupts it or use it in a way that is unlawful or harms us;
(v) you will comply with this Agreement in participating in the Bessemer Affiliate Program; and
(vi) you will not breach any laws in connection with your participation in the Bessemer Affiliate Program.
(b) We make no warranties, representations or guarantees about the amount of Commission you can expect to earn under the Bessemer Affiliate Program.
(a) Nothing in this Agreement excludes, modifies or restricts any guarantee or warranty that cannot be excluded, modified or restricted by Law, including under the Australian Consumer Law.
(b) To the extent permitted by law, we make no warranties, representations or guarantees of any kind in relation to the Bessemer Affiliate Program and Portal, and its content, features and functionality, whether express or implied, including that they will be uninterrupted, error-free, accurate, free of viruses, bugs and other malicious or harmful code, or of non-infringement, merchantability or fitness for a particular purpose.
(c) You are responsible for any taxes that may be payable in connection with your participation in the Bessemer Affiliate Program, including any Commission paid to you.
11. Suspension and termination
(a) We can immediately suspend or terminate this Agreement or your participation in the Bessemer Affiliate Program, at any time and for any reason, with notice, including if:
(i) you breach this Agreement, or we reasonably suspect that you have or intend to;
(ii) you breach an applicable law, or we reasonably suspect that you have or intend to;
(iii) you have made disparaging or defamatory comments about us or the Bessemer brand;
(iv) we believe that your participation in the Bessemer Affiliate Program is likely to damage or negatively impact our business or reputation; or
(v) we suspend or terminate the Bessemer Affiliate Program.
(b) You can stop participating in the Bessemer Affiliate Program at any time by contacting us.
(c) Upon suspension or termination of this Agreement, we may withhold any Commission you earned before the suspension or termination if we suspended or terminated for any reason outlined in clause 11(a)(i) - (iv).
(a) We may change or terminate the Bessemer Affiliate Program or this Agreement, in whole or in part, at any time, including the Commission structure. A change will only take effect from the time the change is notified to you.
(b) Your continued participation in the Bessemer Affiliate Program after a change takes effect will mean you agree to the change.
(a) Words such as ‘including’ do not limit the preceding words.
(b) Any clause that, by its nature, is intended to survive termination of this Agreement will do so.
(c) You must not assign, novate or otherwise transfer any rights or obligations in this Agreement without our prior written consent.
(d) Nothing in this Agreement creates any employment, partnership, agency or joint venture relationship between you and us.
(e) This Agreement is governed by the laws in force in Victoria, Australia.
(f) You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
LAST UPDATED: 5 January 2023
Schedule to Terms & Conditions of entry
GLOBAL RETAIL BRANDS – Bessemer – Win! 1 of 2 Bessemer® 4 Piece Cookware Starter Set
Start: 30th May 2023 05:00 PM AEST
End: 6th June 2023 11:59 PM AEST
No entries will be accepted outside this time.
GLOBAL RETAIL BRANDS AUSTRALIA PTY LTD
ABN: 74 323 352 189
425 St Kilda Road
Melbourne VIC 3004
Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older.
Details of prizes
The prize/s awarded will be described with the price (RRP) per item.
X1 Bessemer® 4 Piece Cookware Starter Set - $1,299.96 RRP
Total number of winners
Total prize value
Total prize pool (inc GST): $1,299.96 ($2,599.92 for all winners)
Method of entry
For your chance to win, simply:
✔ Like this post
✔ Tag a friend who you think would also love to win this amazing prize!
✔ Both must be following @bessemer_aus
Maximum number of entries
A random prize draw will occur by 06:00 PM AEST on 7th June 2023
Notification of winners
Winners will be notified via Instagram no later than 11:59 PM AEST on 7th June 2023
Public announcement of winners
The winners of all prizes will be published on
Unclaimed prize draw
A random unclaimed prize draw will occur no later than 11:00 AM AEST on 14th June 2023
425 St Kilda Road
Notification of unclaimed prize winners
Unclaimed prize winners will be notified via Instagram no later than 11:59 PM AEST on 14th June 2023
Public announcement of winners from unclaimed prize draw
The winners of all unclaimed prizes will be published here:
Terms & Conditions of entry
- Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- The Promotion will be conducted during the Promotion period.
- The Prize/s are specified in the Details of prizes section of the Schedule.
- The total prize pool is specified in the Total prize value section of the Schedule.
- Any prize is valued in Australian dollars unless expressly stated to the contrary.
- Prizes involving travel must be taken to coincide with the dates specified in the Details of prizes section of the Schedule or as otherwise specified in the conditions of any third party travel provider. Any changes to the confirmed prize details will be at the expense of the winner(s) and will only be permitted with the prior consent of the Promoter or third party travel provider.
- Unless otherwise stated, any travel prize does not include travel insurance, travel documents, meals, taxes not included in the price of the ticket, transfers, flights, accommodation or any other costs of a personal nature. Compliance with any health, travel insurance, passport or other government requirements is the responsibility of the prize winner. Failure to comply with this will deem the winner’s entry invalid and the entrant will forfeit the prize. The Promoter makes no representation as to the safety, conditions or other issues that may exist as part of the travel or at the destination.
- The Prize travel is subject to availability at the time of booking. The winner and, if applicable, their companion must travel together on all prize travel. The Promoter is not responsible for any cancellation, delay or rescheduling of flights, and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
- If the prize winner of the Event prize has not confirmed their availability to take the prize on the specified dates by the specified time and date, the prize winner’s entry will be deemed invalid. The Promoter reserves the right to conduct a further draw to award the prize, subject to any directions given by any relevant authority.
- Neither the Promoter nor any company or agency associated with the Event accepts responsibility for the cancellation or delay of the Event for any reason beyond their control or any inability of the winner to attend the Event when scheduled.
- If any part of the Event is abandoned, varied, called off or postponed for any reason, the winner and, if applicable, their companion(s), at the Promoter’s discretion, forfeits all rights to attend the event and no cash or alternative tickets will be substituted for that element of the prize.
- Entrants agree to comply with any conditions which accompany the Event.
- Any Cash prize will be distributed as a cheque made out to the Prize winner, or via EFT if so requested by the Prize winner.
- All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
- Entrants agree to comply with any conditions which accompany the Voucher.
- Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the Maximum number of entries (if applicable).
- The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
- The winner does not need to be present at the draw unless expressly stated to the contrary.
- The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
- The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
- It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
- To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
- The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
- All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
- The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
- The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
- Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat; and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.