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TERMS & CONDITIONS
Promotion: Pack Snack Win Promotion with Klean Kanteen
Permit number(s): Authorised under NSW Permit No TP/00653. ACT Permit No. TP22/01578. SA Permit No. T22/1287.
Promoter: The Smith’s Snackfood Company Pty Ltd (ABN 31 057 976 940), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.
Entry Restrictions: Entry to the Promotion is open to Australian residents currently living in Australia, aged 18 years and over who fulfil the entry requirements.
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies associated with this Promotion are ineligible to enter.
“Immediate families” includes a spouse, ex-spouse, de-facto spouse, parent, step-parent, child or step-child (whether natural or adopted), sibling or step-sibling (whether natural or adopted), grandparent, aunt, uncle, niece, nephew or cousin, whether or not they live in the same household as the director, manager, employee, officer or contractor.
Promotion Period: Starts at 12:01am (Sydney time) on 18/01/2023. Ends at 11:59pm (Sydney time) on 31/03/2023.
Participating Products: Any of the following:
Smith's Crinkle Variety 20pk 380g
Smith’s Variety Snack Mix 20pk 395g
Smith’s Fun Mix 20pk 375g
Smith's Crinkle Original 6pk 114g
Red Rock Deli Variety 10pk 280g
Grain Waves Sour Cream & Chives 5pk 110g
Doritos Cheese Supreme 6pk 114g
Smith's Crinkle Salt & Vinegar 6pk 114g
Twisties Cheese 6pk 114g
Cheetos Cheese & Bacon Balls 6pk 102g
Grain Waves Balsamic 5pk 110g
Cheetos Mini Puffs 5s
Doritos Variety Generous 10s
Red Rock Deli Honey Soy Chicken 5pk 140g
Red Rock Deli Sweet Chilli & Sour Cream 5pk 140g
Coolpak Original 16pk
Parkers Pretzels Lightly Salted MP6
Parkers Cheese MP6
Sakata Stars Plain MP7
Sakata Stars Cheese MP7
Sunbites Snack Cracker Mixed MP 12x24g
Smith’s Cheese & Onion MP6 pack
Toobs MP5 pack
Smith’s Original Variety 18s
Smith’s Thinly Cut Lightly Salted 6 pack
Red Rock Deli DSC MP5 Sweet Chilli 5 pack
Red Rock Deli DSC MP5 Honey Soy 5 pack
Tasty Mix 20pack 368g
Entry Mechanic: Entrants must, during the Promotion Period:
Purchase any Participating Product from an Australian retailer;
Visit the Website www.packsnackwin.com.au
and follow the prompts to the Promotion entry page;
Enter their details including (but not limited to):
Mobile phone number;
Store of Purchase;
Upload a photo or scanned copy of their receipt for the Participating Product; and
Agree to the Terms and Conditions and submit their entry in accordance with the Terms of Entry.
Entrants will find out instantly if they’re a provisional winner (message reveal on screen) of an instant prize (“Instant Prize”). All Instant Prize claims are subject to verification. Entrants who have not won a prize will receive a message on screen indicating that they are not a winner.
Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own legal name.
Proof of Purchase: Entrants must retain their purchase receipt(s) for all entries as proof of purchase and may be required to validate and claim their prize. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotion Period but prior to the entrant submitting an entry into the Promotion.
Maximum Number of Entries: Multiple entries are permitted, subject to the following: (a) only one (1) entry is permitted per Participating Product purchased; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of three (3) entries are permitted per person per day.
Limit of one (1) prize per person (except for SA residents). In the event that an entrant wins more than one (1) prize (except for SA residents), the first prize won will be awarded and the remaining prizes will be redrawn.
Each entry must be submitted separately and in accordance with entry requirements in this Schedule and Terms of Entry.
There will be 1,344 Instant Prizes awarded randomly throughout the Promotion Period.
Each winner will receive their choice of one (1) of the following three (3) Klean Kanteen items, subject to availability. Winners will only be able to select from the items available at the time of redeeming their prize. Once a Klean Kanteen item has run out, it will not be able to be selected:
448 units x Klean Kanteen Insulated TKWide 592ml ($69.95 RRP)
448 units x Klean Kanteen Insulated TKCanister 473ml ($74.95 RRP)
448 units x Klean Kanteen Food Box 591ml – Lunch Size ($59.95 RRP)
Each prize also includes the winner’s choice of personalization, in the form of monogram engraving provided that the monogram is not offensive or inappropriate as determined by the Promoter at its absolute discretion (up to 4 characters), colour and cap type for the Klean Kanteen Insulated TKWide 592ml where relevant (Twist Cap or Café Cap) subject to stock availability. For more information on care and use, visit www.kleankanteen.com.au
Total Number of Prizes: 1,344
Total Prize Pool: $91,772.80
Notification of Winner(s): Entrants will find out instantly if they’re a winner (message reveal on screen). All Instant Win Prize claims are subject to verification. Entrants who have not won a prize will be notified as such by a message on the screen.
Each winner’s name and State or Territory of residence will be published for a minimum of 28 days at www.packsnackwin.com.au
Prize Delivery: Prizes will be delivered to the winner(s) within 28 days of entry verification by email to the winner’s email address (provided with their entry) and will also be subject to any Australia Post delivery schedules/delays. The winner must follow the prompts to redeem their Klean Kanteen prize by following the steps in the confirmation prize winning email. Choice of personalization, monogram engraving (up to 4 characters), colour and cap type where relevant (Twist Cap or Café Cap) subject to stock availability at time of redemption. The prize personalization, monogram engraving, colour or cap type selected by the winner cannot be exchanged for a different prize once the prize has been delivered to the winner.
Unclaimed Prize Allocation: All claims for Instant Prizes that have been won must be received by the Promoter by 11:59pm (Sydney time) on 15/5/2023. Instant Prizes that have been won, but not claimed by this date will be forfeited and distributed in accordance with the below requirements.
A draw for any unclaimed Instant Prize will take place at 12:00pm (Sydney time) on 16/5/2023 at Greeneagle Distribution and Fulfilment, Unit 5, 9 Fitzpatrick Street, Revesby NSW 2122, to distribute the prizes, subject to any written directions given by any relevant authority. Any winners in this draw will be notified in writing within seven (7) business days of the draw and will have their name and State or Territory of residence published www.packsnackwin.com.au
on 30/05/2023. If there are any unclaimed prizes, each unclaimed prize will be distributed to the next valid entry randomly drawn in descending order of value until all unclaimed prizes are awarded.
TERMS OF ENTRY
These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
By entering the Promotion, entrants accept these Terms of Entry.
Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
Entrants may submit up to the Maximum Number of Entries. Entries must be received by the Promoter during the Promotion Period.
The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
Any form of automated entry using any device or software is prohibited and will render an entry invalid.
The Prize(s) will be awarded to the winner(s) drawn in accordance with the Prize Draw. The judges' decision is final and no correspondence will be entered into.
Each entrant warrants and agrees that: (i) the entrant has created the entry themselves; (ii) the entrant will not submit material in their entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law; (v) the entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages and other compensation are reserved.
All entries become the property of the Promoter and cannot be returned. As a condition of entry, entrants agree to irrevocably and unconditionally assign to the Promoter all of their right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to their entry and, if requested by the Promoter, to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter.
Without limiting clause 11, each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
By entering this Promotion each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid and not eligible to win a prize.
If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
The winner(s) will be notified in accordance with the Notification of Winner(s).
The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter may require the winner(s) to verify their entry and provide proof of purchase (if applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
No Prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the Prize value specified for that Prize in the Schedule).
The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that remain unclaimed will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at firstname.lastname@example.org
or 1800 025 789.
Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia