TERMS AND CONDITIONS
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The Promoter is Cashrewards Operations Pty Ltd (ABN 72 150 888 136) of Level 1,125 York Street, Sydney NSW 2000 (“Promoter”).
Entry is only open to individuals who are Australian residents aged 18 years or over (“Eligible Entrants”).
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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.
Entries into the promotion open on 12 February 2024 and close at 3:59pm AEDT on 14 February 2024 (“Promotional Period”).
To enter, Eligible Entrants must complete the following steps during the Promotional Period:
- Like the giveaway post on Instagram.
- Follow @cashrewardsau on Instagram.
- Make a single comment under the giveaway post on Instagram naming three (3) brands that you love to shop on Cashrewards in the comments. One (1) entry per follower. To be eligible, the three (3) mentioned brands must be brands available on Cashrewards.
(Together, “Qualifying Steps”)
Multiple entries are not permitted.
An Eligible Entrant that successfully completes the Qualifying Steps will go into the draw to win a AU$200 Swap Celebration gift card (“Prize”).
This is a game of chance with one (1) winner, and skill plays no part in determining the winner (“Winner”). The Winner will be chosen at random from the entry pool.
The Prize is a Swap product and Promoter makes no guarantees that the Prize is fit for purpose. The Prize is subject to its own terms and conditions (“Gift Card Terms”) and Promoter is not a party to those Gift Card Terms.
The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete or indecipherable entries will be deemed invalid.
If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
The computerised random selection of the winning entry will take place at Level 1, 125 York St, Sydney 2000 at 4pm AEDT on 14 February 2024. The Promoter may select additional reserve entries and record them in order, in case of an invalid entry or ineligible entrant. The Winner will be notified via direct message (DM) on Instagram on or before 16 February 2024 2:59pm AEDT.
If a Prize is not claimed by the winning Eligible Entrant by 23 February 2024 11:59pm AEDT, then another computerised random selection will take place to determine a new winner.
The Promoter’s decision is final, and no correspondence will be entered into.
Eligible Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Eligible Entrants warrant and agree that:
a.) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b.) their Content shall not contain viruses or cause injury or harm to any person or entity;
c.) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
d.) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights;
e.) and they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.
As a condition of entering this promotion, each Eligible Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; (f) use of the prize; or (g) the promotion.
The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.cashrewards.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible Entrants may lodge a complaint about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
Entry and continued participation in the promotion is dependent on Eligible Entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Eligible Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.