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Trade promotion schedule of details

Sunday, 22 January 2023

Abridged T&Cs – Entrants must be 18 years or over, be a MYER one Member and MasterCard cardholder. Promotion starts 10:01am AEDT 22/01/23 and ends 11:59pm AEDT 26/01/23. Drawn 8am AEDT 27/01/23. Winners contacted by email and published on Myer website on 28/01/23. 8 double passes to the Match in the Mall to be won. Total prize value is $16,000 AUD (incl GST). Full T&Cs at www.myer.com.au. Promoter is Myer ABN 83 004 143 239.


**TRADE PROMOTION

SCHEDULE OF DETAILS**


This Schedule sets out the details of the MYER one x MasterCard Match in the Mall Competition. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).


| Promotion Name | MYER one x MasterCard Match in the Mall Competition. |

| --- | --- |

| Game of skill/chance | This is a game of chance. |

| Promoter | Myer Pty Ltd (ABN 83 004 143 239) |

| Relevant State(s) | This promotion will run in Victoria and will be open to Victorian residents only. |

| Promotion Period | The Promotion starts at 10:01am AEDT Sunday 22 January 2023The Promotion closes at 11:59pm AEDT Thursday 26 January 2023 |

| Eligible Persons | An individual is an Eligible Person -

  1. Are an Victorian resident;
  2. 18 years of age or older;
  3. is a current MYER one member (or signs-up during the Promotion Period). A current and valid email, contact number and residential address must be recorded in the MYER one account
  4. a Mastercard cardholder (either debit or credit)
  5. Must be available to attend the Mastercard Priceless Surprise on Saturday 28 January 2023 and Match in the Mall on Sunday 29 January 2023 Directors, management, employees, officers and contractors of the Promoter (and MasterCard) who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor. | | Verification Requirements | Winners may be required to verify their identity and provide proof of age | | Entry Procedure | During the Promotion Period, entrants must:
  6. be an Eligible Person; and
  7. Spend $150 or more (after savings and discounts) on Participating Product/s at any Victorian Myer store
  8. Pay in full using a debit or credit Mastercard; and
  9. Scan or present MYER one card at time of transaction Entry into the draw is automatic at the time of purchase and provision of MYER one Member details. One (1) entry per qualifying transaction. | | Participating Products | Myer goods or services, excluding gift card purchases, online purchases, Myer Customer Orders purchases, Click & Collect, corporate or commercial purchases, payments, Lay-by and some food and service outlets | | Maximum Number of Entries per Entrant | Multiple entries are allowed, provided each entry is valid, and is associated with a separate qualifying transaction in relation to the purchase of a Participating Product which has not been the subject of a return | | Draw Details | Draw will be conducted at 8am AEDT on Friday 27 January 2023. | | Prize Details and Total Prize Pool | Eight winners in total. Each winner will receive a double pass to The Match in the Mall event presented by Myer and Mastercard, including access to the VIP Brunch event and court-side seating to Match in the Mall. Tickets will be allocated at random and are non-transferable (Must be available to attend the VIP brunch from 9:30am-10:30am and the Match in the Mall event from 11am-1pm on Sunday 29 January 2023). Each MYER one Member can only win one Prize. No correspondence in relation to the prize session will be entered into. The total prize pool is valued at $16,000 AUD (incl. GST) | | Prize Conditions and Restrictions | No part of the prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified by the Promoter in writing.All ancillary costs associated with accepting the Prize including travel to and from the event location will be the responsibility of the winner and their guest/s for the prize.Prizes are subject to the event venue and ticket terms and conditions. The Promoter and event organisers hereby expressly reserve the right to eject any winner and/or his/her companions for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.The Promoter or Agent accepts no responsibility for any tax implications that may arise from acceptance or redemption of the Prize, or this Promotion. Independent financial advice should be sought by the Winner prior to accepting the Prize. The Promoter and Agent accept no responsibility for any variation in Prize value. The Promoter reserves the right to require the Winner and their guest to sign any legal documentation as in the form required by the Promoter, Agent, or suppliers of Prizes, in their absolute discretion including without limitation a form of waiver or release with respect to acceptance or usage of the Prize, or any liability arising out of or in relation to the Prize or this Promotion.Prize and event are subject to public health orders. Winners and their guest must comply with all heath directions and requirements of the Event organisers or government requirements. | | Notification of Winners | Winners shall be notified by email on Friday 27 January 2023. Winners may also be notified by telephone. Winners will be published on www.myer.com.au/whatson on 28 January 2023. | | Prize Claim Date | Winners must claim Prize by 2:59pm AEDT Friday 27 January 2023, or Prize is forfeited. The Promoter reserves the right to allocate Prize to another entrant | | Claim Instructions | Winner must confirm in writing (or verbally at the discretion of the Promoter), including proof of identity and age as requested by the Promoter. Winner details will be provided to the Prize provider to allocate tickets and provide further claim details. Winners consent to the Promoter providing contact details to the Prize Provider as part of accepting the Prize. | | Safety | The Winner accepts the Prize at their own risk. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. Domestic travel and public health advice can be obtained from various sources, including state and local government websites | | Privacy | By entering the competition, the winner consents to being contacted for the purposes of conducting the competition and provision of the Prize. Personal information will used in line with the Myer Privacy Policy including MYER one program terms and conditions. |

**TRADE PROMOTION

TERMS AND CONDITIONS OF ENTRY**

  1. 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.

  2. The Promoter isMyer Pty Ltd, of Level 7, 800 Collins Street, Docklands, Vic, 3008 (ABN 83 004 143 239).

  3. 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

  1. 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).

ENTRY

  1. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.

  2. 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.

  3. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.

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

  5. 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.

  6. 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.

  7. If the Promotion involves mail entry, each entry must be sent in a separate envelope.

  8. If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST), whether sent during or outside the Promotion Period. SMS entry is only open to entrants with a compatible mobile phone connected to a service provider that permits text messaging to the Promotion SMS number. Entrants are encouraged to check this with their service provider before entering the Promotion. SMS entries must be submitted from the entrant's mobile phone.

  9. If the Promotion involves entry via a competition phone line, the maximum cost of a call to the competition phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones.

  10. 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.

  11. If the Promotion is a game of chance and involves the entrant purchasing a ticket ( Entry Ticket ), the Entry Ticket must be purchased at a legitimate Myer Point of Sale counter. On completion of the purchase, the entrant will be provided with a legitimate Myer Point of Sale receipt which details the store number at which the purchase was made, the time of transaction, the date and the details of the purchase. It is the responsibility of the entrant to check that they are provided with a legitimate Myer Point of Sale receipt containing these details at the time of purchase. If the receipt does not contain these details, the entry will be deemed an ineligible entry.

  12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.

JUDGING OF ENTRIES FOR GAMES OF SKILL

  1. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.

  2. The prize(s) will be awarded to the valid entrant or entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. 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.

  3. The judges' decisions are final and no correspondence will be entered into.

PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE

  1. If the Promotion is conducted via the Social Networking Site, entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the Social Networking Site.

  2. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the Social Networking Site.

  3. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the Social Networking Site.

  4. Entrants release the Social Networking Site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.

ENTRY CONTENT AND VALIDITY

  1. 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.

  2. 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.

  3. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.

  4. 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.

  5. 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.

  6. 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

  1. An entrant's entry must not include:

    1. 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;

    2. 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

    3. 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.

  2. By entering this Promotion all entrants:

    1. 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);

    2. 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;

    3. unconditionally and irrevocably:

    4. 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;

    5. waive all moral rights that arise outside Australia; and

    6. agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;

    7. 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.

  3. 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 IN GAMES OF CHANCE

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.

  2. 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.

  3. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.

  4. 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.

  5. 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.

  6. 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.

  7. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.

  8. 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).

  9. 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.

  10. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.

  11. 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 – PROVISIONS RELATING TO TYPES OF PRIZES

  1. 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.

  2. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.

  3. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.

  4. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant's responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.

  5. If the prize includes any vehicle ( Vehicle ), including a motor vehicle, motorcycle, motor scooter, boat or any other vehicle, the prize does not include any insurance or accessories unless otherwise specified in the Prize Details. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner's parent or guardian. The winner or his or her parent or guardian (as the case may be) ( Deemed Winner ) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle.

  6. If the prize includes Myer Gift Cards, Gift Cards are treated like cash. Lost or stolen cards will not be replaced or refunded. Gift Cards cannot be used for the payment of credit or store accounts. Gift Cards are not redeemable for cash and cannot be exchanged. Gift Cards expire two years from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited. Gift Cards are not reloadable. For full terms of use and full details concerning applicable exclusions, visit http://www.myer.com.au/cards/gift-cards/or call 1800 811 611. Gift Cards are to be used for the purchase of goods and services at Myer stores in Australia.

  7. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter's discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).

CLAIMING PRIZES

  1. 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.

CANCELLATION OF COMPETITION

  1. 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.

  2. 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.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

  1. 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, passport number, drivers licence number, 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.

  2. 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

  3. 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.

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