Rate & Win - Terms and Conditions

Rate and Win Competition

SCHEDULE OF DETAILS


Promotion

The trade promotion described in this Schedule.


Promotion Name

Rate & Win


Game Type

This promotion is a game of chance.  

Entrants are required to follow the Entry Procedure below.


Promoter

Myer Pty Ltd (ABN 83 004 143 239)


Permit Numbers

Authorised under NSW permit number:  LTPS/18/30093


Relevant State(s)  

Open to all states


Promotion Period

The Promotion starts at 01/12/18.

The Promotion closes on 31/5/19.


Eligible Persons

An individual is an Eligible Person if they are:

18 years of age or over.

Have a current valid email address. It is the entrants responsibility to ensure that they have ongoing access to the account


Entry Procedure

During the Promotion Period, Entrants must:

Visit www.myer.com.au and leave a review on a product that they own (that is available for review on the Website). Both positive, neutral and negative reviews will be eligible. All reviews provided must be true and a reflection of the reviewer’s view and experience with the product.

Valid entries that are approved and published on the website will be entered into the random prize draw. Myer reserves the right to change, condense, withhold publication, remove or delete any content on Myer's website that Myer deems, in its sole discretion, to violate the content guidelines or terms and conditions of customer ratings and reviews. In the event a product is removed from the website the entry will remain valid provided it is approved for publication.


Verification Requirements

Winners will be contacted via the email used to submit their product review and may be required to verify their contact details.


Participating Products (if applicable)

Products that are available for review on www.myer.com.au


Entry Restrictions

Entrants must be 18 years of age or over.


Total Number of Entries for Promotion

Each valid entrant will receive one (1) automated entry into the draw for each product review that is submitted and approved for publication on the website.


Maximum Number of Entries per Entrant

No limit


Social Networking Site (if any)


Not Applicable.


Draw Details (if a game of chance)

Date:  10th of each month or the following business day for entries submitted the previous month during the promotion period.

First draw 10th January 2019. Final draw 10th June 2019.

Time: 11:00am AEDST or AEST

Location: Myer Support Office, 800 Collins Street, Docklands 3008.


Prize Details

Three valid entrants drawn each month will each receive a $200 Myer gift card.

Prize Restrictions (if any)

Awarding of prizes is limted to one per person, per month.  


Total Prize Pool

The total prize pool is valued at $3600. GST does not apply to the issuing of Gift Cards


Notification of Winners

Winners will be notified by email on the 10th of each month or the following business day.


Publication Dates

Winners will be published on www.myer.com.au on 15th of each month


**Prize Claim Date **

All prizes must be claimed within 3 months after each draw.


Claim Instructions

Winners will be contacted via the email address used to submit their product review on www.myer.com.au


Unclaimed Prize Arrangements

If any prize remains unclaimed at 3 months after each draw, the Promoter, with approval from participating gaming authorities, will conduct a second chance draw to award any remaining prize as follows:

Date: After 3 months of every draw

Time: 11:00am AEDST or AEST

Location: Myer Support Office, 800 Collins Street, Docklands 3008.

Winners in the second chance draw will be notified by email on one week after the Prize Claim Date closure.


Winners will be published on www.myer.com.au


TERMS AND CONDITIONS OF ENTRY

These Terms and Conditions incorporate and must be read together with the Schedule for the

Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and

Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.

The Promoter is Myer Pty Ltd, of Level 7, 800 Collins Street, Docklands, Vic, 3008 (ABN 83 004 143

239).

Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule,

except where stated otherwise. Unless the contrary intention appears, a reference in these terms to

the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an

unincorporated body or association, or any government agency or entity.


ELIGIBILITY TO ENTER

Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as

described in the Schedule and meet the Entry Restrictions (if any).

Entrants must be over 18 years of age.


ENTRY

The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants

must complete the Entry Procedure during the Promotion Period.

Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by

the Promoter in any other form. Computer generated or other automated entries will not be

accepted.

All valid entries received during the Promotion Period will be entered in the Promotion, and the

prize draw.

Once submitted, the entrant cannot alter or delete their entry.

Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where

permitted) must be submitted separately and must each separately meet any product purchase

requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.

Entries must be received by the Promoter during the Promotion Period. Email and electronic entries

are deemed to have been received at the time of receipt into the Promoter's database and not at

the time of transmission by the entrant.

If the Promotion involves entry via a website, the cost of accessing the website will be dependent

upon the Entrant's individual Internet Service Provider.

All Entries (including photographs and videos) become and remain the property of the Promoter

upon submission and will not be returned to Entrants.


ENTRY CONTENT AND VALIDITY

Entrants are required to take full responsibility for the content of their entry and for ensuring that

their entry complies with these Terms and Conditions. For the purposes of these content

requirements, Entry Materials includes any material (including but not limited to, drawings, artwork,

images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish,

communicate or use in connection with their entry into the Promotion.

Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and

Conditions or any other content guidelines notified by the Promoter during the Promotion Period

will also be deemed invalid.

Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter will

not assess each entry however, winning entries will be scrutinised.

If an entry is invalid or if an entrant is unable or refuses to take part in any element of this

Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that

entrant had not entered the Promotion.

If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has

not complied with these Terms and Conditions or that their entry is otherwise invalid, 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.

Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require

the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to

the Promoter’s reasonable satisfaction, the entry will be deemed invalid.


CONSENTS AND PERMISSIONS

An entrant’s entry must not include:

(a) any image or voice of any other person without that person’s express consent. Entrants

warrant that if any such content is included, they have obtained the express consent of the relevant

person;

(b) any content that contravenes any law, infringes the rights of any person or is obscene,

offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or

inappropriate (including but not limited to, any content involving nudity, malice, excessive violence

or swearing); and

(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any

other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any

doubts about whether they have the right to include any content (for example, recorded music) they

must not include it. By including any such content in their entry, the entrant warrants that they have

the permission of the relevant copyright owner to do so and that this permission allows the

Promoter to use the entry in accordance with these Terms and Conditions.

By entering this Promotion all entrants:

(a) consent to the Promoter using and publishing (and authorising others to use and publish)

their name, character, likeness, image, voice or anything else that identifies them for the purposes

of any promotion or matter incidental to the Promotion, including future similar promotions, and at


any time during or after the Promotional Period and via any means (including but not limited to, any

national print media, the Promoter's website and any other promotional material);


(b) assign (and, if necessary, will in the future assign) all intellectual property rights (including

copyright) in their Entry Materials in relation to all media (including but not limited to, the internet)

and whether in existence now or created in the future;

(c) unconditionally and irrevocably:

(i) consent to any act or omission that would otherwise infringe any of their moral rights in the

Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights

of a similar nature conferred by statute anywhere in the world whether occurring before or after this

consent is given;

(ii) waive all moral rights that arise outside Australia; and

(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their

moral rights in the Entry Materials;

(d) warrant to the Promoter that their entry is the original independent creation of the entrant

and free from any claims, including copyright or trade mark claims, by other persons.

If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no

responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded

from the website by any persons, and for any matters after such download. The Promoter may, in

its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.


DETERMINING AND NOTIFYING WINNERS

The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The prize(s)

will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the

Prize Details.

If the Promotion includes instant win prizes, the instant win prize(s) will be awarded to the valid

entry or entries (as applicable) in accordance with the Entry Procedure.

Winners will be notified as specified in the Schedule and their name and State or Territory of

residence will be published in accordance with the Schedule. The Promoter and the companies and

agencies associated with this Promotion may also publish the name and State or Territory of winners

on their website(s) and in trade publications. By entering this Promotion, each entrant requests that

his or her full address not be published.

Entrants must, at the Promoter’s reasonable request, participate in all promotional and editorial

activity (such as publicity and photography) surrounding this Promotion or the winning of any prize,

free of charge, and they consent to the Promoter and its related bodies corporate using their name

and image in promotional material. Without limitation, entrants consent to being broadcast, filmed,

photographed or otherwise recorded without compensation while participating in this Promotion, or

in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or

other recording at any time. The entrant also consents to the Promoter submitting for use such

broadcast, film, photograph or other recording to the Promoter’s contractors, the Promoter's

contractor’s contractors and the Promoter’s agents.


PRIZES - GENERAL

The Promoter may, at its discretion, require any person taking, accepting or participating in any prize

to be 18 years or over, or if a person is under the age of 18, require that the person be accompanied

by a parent or legal guardian while taking the prize.

The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The

prize value includes GST and is in Australian dollars and is correct at the time of printing. The

Promoter accepts no responsibility for any variation in prize value.

Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third

party including, online auctions and private sales. Unused portions of prizes will be forfeited and no

compensation will be paid in lieu of that element of the prize.

Subject to the approval process required by any relevant gaming or lotteries authority, in the event

that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within

Australia, the Promoter reserves the right to substitute a different prize item of equal or greater

value, subject to any written directions from any relevant regulatory, judicial or government

authority.

Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the

Promoter, the Promoter is not liable.

Without limiting the above terms and conditions, the Promoter may at its absolute discretion,

substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize

Details).

Except to the extent required by any law, including the Australian Consumer Law, the Promoter and

its associated companies make no warranties or representations about the fitness for purpose or

suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of

any prize or the failure of any prize to be of acceptable quality.

These Terms and Conditions do not exclude or limit the application of any statutory provision

(including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would

contravene that statute or cause any part of these Terms and Conditions to be void.


PRIZES

The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in

the Schedule. The total prize pool is specified in the Schedule.

If the prize includes Myer Reward Cards, Reward Cards are treated like cash. Lost or stolen cards will

not be replaced or refunded. Reward Cards cannot be used for the payment of credit or store

accounts. Reward Cards are not redeemable for cash and cannot be exchanged. Reward Cards expire

two years from the issue date. Any unused amount after the expiry date of the Reward Card will not

be refunded or credited. Reward Cards are not reloadable. For full terms of use and full details

concerning applicable exclusions, visit http://www.myer.com.au/giftcards or call 1300 398 226.

Reward Cards are to be used for the purchase of goods and services at Myer stores in Australia.


CLAIMING PRIZES

Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in

the Schedule.

If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the

prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right

to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in

the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes

will be notified and have their names and State or Territory of residence published in accordance

with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.

CANCELATION OF COMPETITION

If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as

planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised

intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect

the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter

reserves the right in its absolute discretion to take any action that may be available to it. Any actions

are subject to State and Territory regulations and may include cancellation, termination,

modification or suspension of the Promotion.

The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize

winner or the delivery of the prize is prevented or hindered by any external event beyond the

control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural

disaster, acts of God, civil unrest, strikes or other industrial action subject to the approval of all

relevant State and Territory Lottery Departments.

If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter

will not be liable for any loss or damage of any kind to entrants arising out of any resultant action

taken by the Promoter.

PRIVACY AND INFORMATION

The Promoter may collect the following personal information provided by entrants when entering or

participating in this Promotion (including without limitation in their Entry Materials, transactional

information, when you shopped, where you shopped, how you paid and what you purchased, Myer

one information, address, phone number, name, age, information obtained from any Promotion

partners, information you provide when submitting any questions or queries regarding the

Promotion) or by entrants doing anything in connection with this Promotion.

The Promoter may use your personal information to conduct the Promotion, to ask you questions, to

contact you about any matter in connection with the Myer business or the Promotion, to contact

entrants if they are winners, to conduct research and marketing activities (including to inform

entrants about special offers, marketing, events, promotions, product launches and other special

events and discounts from the Promoter such as the Myer one Program or new products or

promotions and to become part of databases maintained by the Promoter or associated entities), to

conduct market research (including to improve and help Promoter better tailor its product and

service offering , including developing new products, services, promotional offers and shopping

opportunities) and to conduct market research and other forms of analysis, unless the entrant opted

out of participating in such activities in the section provided on the entry form, and otherwise in

accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone


number you consent to the Promoter using your email address to email you and/or your mobile

telephone number to SMS you for any of the purposes listed above Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.


Promoter may engage other persons or organisations (for example, Promoter suppliers, prize

donators, competition and promotion agencies, data mail houses, data processing organisations,

marketing researchers, specialist call centres and service providers) to assist Promoter in carrying

out the above purposes. Some of these organisations may be located overseas. Your personal

information may be disclosed to such persons or organisations for these purposes and, in providing a

service, they may contact you directly. In some circumstances, they may disclose personal

information they collected from you to Promoter or one or more of the purposes already

mentioned. Promoter will hold and use all personal information it collects from third parties about

you for the purposes described in this notice.


Myer may also disclose your personal information as required by law.

If entrants do not provide the personal information requested by the Promoter, they may not

participate in the Promotion (except where the provision of that information is optional). Winners’

names will be published and retained as required under relevant legislation. An entrant may, at any

time, request to access, update or correct any information, or to have their details removed from

the Promoter’s database(s) and such request will be considered in accordance with the

requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set

out in item 2. The Promoter’s Privacy Policy can be viewed at http://www.myer.com.au/.


INDEMNITY AND LIABILITY

Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies

corporate and their respective officers and employees, its agents, its contractors, its associated

entities and their respective officers will not be liable for any loss (including but not limited to,

indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage,

personal injury or death which is suffered or sustained in connection with any part of this Promotion

(including entry, collation of entrant details, prize draw and determination of the winner(s)),

promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability

which cannot be excluded by law (in which case that liability is limited to the minimum extent

allowable by law).


If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an

entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and

exclusion of liability form (provided by the Promoter) in favour of all parties involved in this

competition and/or providing the prize prior to undertaking any specified activities forming part of

the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated

companion or parent/guardian (if applicable) does not sign the indemnity form provided by the

Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or

claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be


deemed unclaimed and the Promoter has a right to re-draw the prize in accordance with the

Unclaimed Prize Arrangements in the Schedule.


Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and

its associated entities will not be liable for any damage to or delay in transit of prizes.


If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not

liable for any error made by the other entity when communicating details of the Promotion, the

entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.



GENERAL TERMS AND CONDITIONS

The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify

any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits

an entry which is not in accordance with these Terms and Conditions, or who the Promoter has

reason to believe has breached any of these Terms and Conditions, or has 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 or other compensation from such an

offender are reserved.


Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of

those rights.


The Promoter accepts no responsibility for any tax implications that may arise from acceptance of

the prize winnings. Entrants should seek independent financial advice prior to entering the

Promotion.


The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion,

cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any

companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or

drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and

reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading,

deceptive, contrary to law or is otherwise inappropriate.


The Promoter's decisions in connection with the Promotion are final and no correspondence will be

entered into.


No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The

Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant

that the entry mechanism will be available at all times.


Entries which are to be published on a website will be subject to a moderation process before being

visible on the website.


The Promoter may require the winner(s) to provide identification as requested by the Promoter

including but not limited to, proof of identity, age, residency, employment, supply to the Promoter

or engagement by the Promoter. Identification considered suitable for verification is at the

Promoter’s reasonable discretion.


Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the

prize and that participation in the Promotion or the prize may involve participating in dangerous

activities. By entering this Promotion and/or accepting the prize, entrants accept that risk.