Terms and Conditions
1. Information on how to enter the promotion forms part of these terms and conditions of entry (Terms). Entry into the promotion is deemed acceptance of these Terms. Headings in these Terms are included for ease of reference, and do not affect interpretation in any way.
2. The promoter is E.T. Browne (Australia) Pty Ltd (ABN 94 080 024 915), 14 Park Avenue, Woodville North SA 5012 (Promoter).
3. The promotion commences at 12.01am (AEDT) on 15 January 2021 and closes at 11.59pm (AEST) on 30 April 2021 (Promotion Period).
Eligibility to enter
4. Entry into the promotion is open only to Australian residents who are 18 years of age or older, (Eligible Entrants). Employees, contractors and their immediate families, of the Promoter, associated agencies and companies, are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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 1st cousin.
Entry into the promotion
5. Eligible Entrants will qualify for a chance to win one (1) instant prize and one (1) entry in the draw when, during the Promotion Period, they:
i). purchase any one (1) Palmer’s skincare or haircare products from a participating retailer (instore or online – see Participating Retailer list below) in a single transaction; and
ii) submit their details online at [www.palmersaustralia.com/FTF] including, but not limited to, the receipt numbers of each transaction.
Participating Retailers are:
[Woolworths, Coles, Big W, Priceline, Chemist Warehouse, Kmart, Amazon and selected community pharmacies and independent supermarkets.]
When an Entrant submits their entry they will receive one of two messages “Thank you for entering the Draw”, or “Congratulations you have won a Palmer’s Instant Win Prize”.
Entrants can only enter in their own name and use their own email address. The Promoter reserves the right to request the winner provide proof of identity, proof of residency, and/or proof of entry validity. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. The Promoter reserves the right to validate and check the authenticity of any prize claim or entry before awarding a prize.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
Entrants must retain the original or a copy of their purchase receipt(s) for entry into the Promotion as proof of purchase. Failure to provide proof of purchase for entry when requested may, in the absolute discretion of the Promoter, result in invalidation of the entrant’s entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the store of purchase and that the purchase was made during the Promotion Period, by the Entrant. Purchase receipt(s) may only be entered, and used, once in this promotion. If a Purchase receipt is found to be used more than once, all entries by that entrant, or any other entrant using such receipt(s), will be deemed invalid and no correspondence will be entered into.
6. Entrants may submit one additional entry in the draw for every one (1) additional qualifying products purchased.
7. The time of entry will be deemed to be the time the entry is received by the Promoter.
8. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant whom the Promotor believes in its absolute discretion has not complied with these Terms or the spirit of the competition. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Value of Prize pool
9. Instant Win Prizes: Upon submitting their entry, if an entrant receives the message “Congratulations you have won a Palmer’s Instant Win Prize” they will receive one (1) Instant Win Prize.
There will be a maximum of one thousand (1,000) various Palmer’s Instant Win Prizes available to be won (including but not limited to Palmer’s Coconut Oil Formula Hydrating Sheet Masks 20ml, Palmer’s Coconut Oil Formula Protein Packs 60g. Minimum value from $3.99, to maximum value of $4.99). The chance of an entrant winning a Palmer’s Instant Win Prize is one in six.
Total maximum value if all Instant Win prizes is $4,490.
Major Prize: There will be one (1) Major Prize available to be won of a minimum value of AU$10,000 and a maximum value of AU$1,000,000 (plus travel to Preston, Victoria from the winner’s nearest Australian capital city to a maximum of $1,000, and travel insurance to a maximum of $500 if required, to attend the Envelope Selection)
Total maximum value of the Major Prize is AU$1,001,500.
The maximum total prize pool value is AU$1,005,990.
Drawing of entries
10. The draw to select the winner of the Major Prize will take place at 2:00pm (AEST) on 14 May 2021 at the offices of MDSA at Level 17, 40 Mount Street, North Sydney NSW 2060 and will be conducted by MDSA (Drawer). All eligible entries received will be entered in the draw, including all Instant Win prize winners. The winner will be determined by an automated random draw of all eligible entries, with the first entry randomly selected winning the Major Prize.
The Major Prize Winner will attend in person to select one (1) sealed envelope from 100 sealed envelopes to reveal their prize value (Envelope Selection). One (1) sealed envelope will contain a card with the message “Congratulations! You’ve Won AU$1,000,000”; the remaining ninety-nine (99) sealed envelopes will each contain a card with the message “Congratulations! You’ve won AU$10,000”. The Major Prize will be the amount shown in the message. The Major Prize will be provided to the winner by cheque or a Bank Transfer, to be determined by the Promoter in its absolute discretion.
11. The chance of the Major Prize Winner selecting the maximum AU$1,000,000 value for the Major Prize is one in one hundred.
12. The Envelope Selection will take place at E.T. Browne (Australia) Pty Ltd, 14 Park Avenue, Woodville North SA 5012, at 11:00am (AEST) on 10 June 2021 (or on a date and time agreed to by the Promoter after consulting with the Major Prize Winner before that day and time). The Major Prize Winner (or their proxy) will be (if required), provided with one return economy airfare from their nearest Australian capital city to Adelaide (flight associated taxes are included); travel insurance; and one night in a 4 star accommodation, all selected and arranged by the Promoter, to a maximum total of $1,500, and transported to the Envelope Selection location. If the winner is a South Australian resident, they will forfeit the airfare & travel insurance portion of their prize and no compensation will be paid or given in lieu.
13. If the Major Prize Winner is unable to attend the Envelope Selection, they may appoint a proxy to attend and choose an envelope in their absence. If the Major Prize Winner is unable to attend the Envelope Selection, and is also unable to appoint a proxy to attend on their behalf, they will be awarded AU$10,000. If the Major Prize winner chooses this option he or she will forfeit the chance to win the AU$1,000,000 Major Prize.
14. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter. It is a condition of accepting a prize that the winner accepts the conditions of use of that prize.
15. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
16. Any additional travel costs, such as meals, transport to and from departure point, travel within Adelaide (other than to and from the Major Prize draw) and all other ancillary costs are the responsibility of the winner.
17. The result of each of the draw is final and no correspondence will be entered into.
Notification of the winners
18. The winners will be notified by email and phone (using the details provided in each winner's entry form) within 2 business days after the draw and published on www.palmersaustralia.com/ftf
on 21 May 2021, for a minimum of 28 days, and the Major winner’s name will also be published in The Australian newspaper on 21 May 2021. The winners are responsible for ensuring that the contact details provided via the entry form at the time of entry, are accurate and up to date. The Promoter takes no responsibility for inaccurate or incomplete details.
19. The Promoter will send the Instant Win Prizes to their winners via post to the address provided in the entry form with their entry
Right of the promoter to redraw
20. The Promoter reserves the right to redraw in the event of an entrant being unable to comply with these Terms, forfeiting or not claiming a Prize. For any prize that remains unclaimed at 5.00pm (AEST) on 16 August 2021, a second draw will be conducted by the Drawer on 23 August 2021 at the same time and place as the original draw subject to any written direction given under applicable law. Any winners determined in accordance with this clause will be notified by email or phone (using the details provided in the winner's entry) within 2 business days after the draw and published on [www.palmersaustralia.com/ftf ] from 30 August 2021, for a minimum of 28 days, and the Major Winner’s name will also be published in The Australian newspaper on 30 August 2021. If an Envelope Selection is required for an unclaimed Major Prize winner the event will take place at 11:00am (AEST) on 16 September 2021, or on another date and time agreed by the Promoter following consultation with the unclaimed Major Prize Winner, at the same location outlined in condition 12 of these Terms.
The Major Prize in the redraw, if any, must be claimed by 23 November 2021, or will be forfeited.
Limitation of liability and variation of terms
21. The Promoter, Participating Retailers, their related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy whatsoever, including but not limited to direct, indirect and consequential damages (Damages), including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties. Without limiting the generality of the previous sentence, the Promotion Parties are not liable for any Damages which are suffered or for any personal injury suffered or sustained during the course of the trip to draw the Major Prize except for any liability which cannot be excluded by law.
22. The exclusion of liability in clause 21 does not apply to limit or exclude liability:
a) for personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promotion Parties in the ordinary course of business. To remove doubt: third party goods or services, which other than in connection with this promotion, are in the normal course of business supplied by a third party unrelated to the Promotion Parties, are not supplied by the Promotion Parties in the ordinary course of business; or
b) to the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law).
23. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promotion Parties and which prevents the Promotion Parties from complying with these Terms , the Promotion Parties will not be liable for any failure to perform or delay in performing their obligations and the Promotion Parties reserve the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.