MASTERCARD QKR! SUPERMARKET PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter and prize details set out in all communications regarding the “Mastercard Qkr! Supermarket Promotion” (“Promotion”) form part of the Conditions of Entry. By participating in the Promotion, each entrant fully and unconditionally agrees and acknowledges that these Conditions of Entry and the decisions of the Promoter on all matters relating to the Promotion are final and binding.


2. The Promoter is Mastercard Asia / Pacific (Australia) Pty Ltd (ABN 95 108 603 345) of Level 8, 100 Arthur Street, North Sydney NSW 2060. Telephone: 02 9466 3700. 


3. Entry is only open to VIC residents aged 18 years or over who have an existing Qkr! mobile application account, a valid Mastercard, and are the parent or guardian of a child aged 5 to 13 years old that attends Aspendale Primary School, 23 Laura Street, Aspendale, Melbourne VIC 3195.


4. Employees (and their immediate families) of the Promoter, Aspendale Primary School 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. 


5. Promotion commences on Thursday 03/11/2016 and closes at 11:59pm AEDT on Wednesday 30/11/2016 (“Promotional Period”). 


6. To receive an automatic entry into the draw, individuals must, during the Promotional Period, purchase an eligible school item via the Qkr! mobile application using their Mastercard (“Eligible Transaction”). An eligible school item is any school item from Aspendale Primary School available for purchase on the Qkr! mobile application during the Promotional Period. An individual will receive one (1) automatic entry into the draw for every Eligible Transaction made.   


7. In the event that an entrant does not wish to be entered into the promotion, they can contact the Promoter directly on lauren.skinner@mastercard.com to have their entry removed. 


8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an 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.


9. 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.


10. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on Friday 02/12/2016 at 11:00am AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing within two (2) business days of the draw.


11. The Promoter’s decision is final and no correspondence will be entered into.


12. The first two (2) valid entries drawn will each win $1,000 worth of Coles Gift Cards (to be awarded in the form of 2 x $500 Coles Gift Cards). 


13. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card. 


14. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.


15. Total prize pool value is $2,000. 


16. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. 


17. A draw for any unclaimed prizes may take place on Monday 06/03/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified in writing within two (2) business days of the draw. 


18. 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.


19. 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.


20. 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) 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 the promotion.


21. 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 entrant; or (f) use of a prize.


22. 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 mastercard.com.au/supermarket. 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 entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain 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 entrant’s personal information to any entity outside of Australia.