Terms & Conditions

SCHEDULE

Promotion: Smith's Golden Bag On Pack Consumer Promotion

Permit number(s): Authorised under NSW Permit No. TP-00653. ACT Permit No. TP21/01753. SA Permit No. T21/1586.

Website: www.smiths.com.au/goldenbag

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 and who can take the prize/s as offered.

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 12:00am (Sydney time) on 01/04/2022.  Ends at 11:59pm (Sydney time) on 31/05/2022.

Entry Mechanic: Entrants must purchase any Specially Marked Smith’s Pack (as defined below) from any retailer nationally in Australia during the Promotional Period. Specially Marked Smith’s Packs will include: Smith's Crinkle and Thinly Cut and Smith’s Baked  (includes all flavours and sizes  45g, 130g, 150g, 170g, 175g (each a “Specially Marked Smith’s Pack”). 90g packs, Multipacks, Smith’s Poppables and 380g party bags are excluded. See Annexure A at the base of this document for a full list of Specially Marked Smith’s Packs.

Entrants must retain a copy of their purchase receipt as proof of purchase for all entries. 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 Promotional Period but prior to entry.

Daily Prize: 610 x $100 (each a “Daily Prize”). There will be ten (10) instant win Daily Prizes available to be won each day for sixty-one (1) days of the Promotion (i.e. from 01/04/2022 through until 31/05/2022). There are 610 instant win prizes to be won in total.

To participate and have the chance to win a Daily Prize, individuals must:

  1. purchase a Specially Marked Smith’s Pack during the Promotional Period;
  2. visit the www.smiths.com.au/goldenbag and follow the prompts on the entry page;
  3. input the requested details including full name, email address and contact phone number;
  4. upload the purchase receipt when prompted; and then
  5. submit the fully completed entry form.

The Promoter will use a computer drawing system to randomly determine ten (10) winning times each day between 01/04/2022 and 31/05/2022 (“Winning Times”). The first entry received on or after each Winning Time on each day, will be the provisional winner of a Daily Prize.  

If an entrant is deemed a provisional winner in accordance with the above, they will receive an instant notification upon submitting their entry (“Provisional Winner”). All Provisional Winners’ names will be published on the Website on 15/04/2022, 29/04/2022, 13/05/2022 and 03/06/2022.  Provisional Winners will only be confirmed as verified winners upon authentication of their entry (entrants must have and keep their receipt for each entry they submit). 

Major Prize:10 x $10,000. There will be a total of ten (10) Specially Marked Smith’s Packs that will contain a golden coated inner foil when opened and a unique code (“Unique Code”) on inside of the bag (each a “Golden Bag”).

Each Golden Bag will be secretly planted by the Promoter at locations (that have been previously determined by the Promoter) during the Promotional Period.

To participate and have the chance to win a Major Prize, Entrants must:

  1. follow the Smith’s Facebook Page https://www.facebook.com/smithschips and watch out for the clues!  Throughout the Promotional Period, the Promoter will release various clues for each Golden Bag to help lead to the relevant store location;
  2. purchase a Specially Marked Smith’s Pack for the chance to find the Golden Bag (store limits may apply);
  3. find a Golden Bag by revealing the golden coated inner foil after purchase (please retain);
  4. visit www.smiths.com.au/goldenbag and follow all the prompts on the Major Prize Claim Page;
  5. input the requested details including full name, email address, contact phone number and Unique Code;
  6. upload the purchase receipt when prompted as well as a picture of their winning bag clearly showing the unique code; and then
  7. submit the fully completed claim form.

Major Prizes must be claimed by no later than 11:59pm (Sydney time) on 03/08/2022. Individuals that locate a Golden Bag must retain their Golden Bag in addition to their purchase receipt as proof of purchase. Individuals that submit a claim for a Major Prize will be contacted by the Promoter by phone within 2 business days of submitting their claim in order to conduct additional verification of their claim. The Promoter may, in its absolute discretion, request that individuals send in their winning bag as proof of purchase. Once verified prize money will be awarded in the form of electronic funds transfer into the winner’s nominated account within 28 days of being verified. Major Prize winners’ names published on the Website on 17/08/2022.

Maximum Number of Entries: Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted per Specially Marked Smith’s Pack purchased; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of five (5) entries are permitted per person per day.

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 name.

Total Number of Prizes: 620 (610 Daily Prizes and 10 Major Prizes).

Total Prize Pool: $161,000.

Notification of Winners: Winners will be notified instantly online in the case of the Daily Prizes or by way of their Specially Marked Smith’s Pack in the case of a Major Prize. Once verified all winners will be notified in writing by email.

Prize Delivery: Prize money will be delivered to the winner(s) within 28 days of verification by electronic funds transfer into each winner’s nominated account.

Unclaimed Prize Allocation: A draw for any unclaimed Major Prizes, or any Daily Prizes that have been won, but remain unclaimed, may take place on 05/08/2022 at 12noon (Sydney time) at Greeneagle Distribution & Fulfiment Unit 5, 9 Fitzpatrick Street, Revesby NSW 2122, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within two (2) business days of the draw and their names will be announced on the Website on 12/08/2022. 

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.

Entry
  1. By entering the Promotion, entrants accept these Terms of Entry.
  1. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic. 
  1. Entrants may submit up to the Maximum Number of Entries.
  1. 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 of Entry, 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.
  1. 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.
  1. 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.
  1. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
  1. 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.
  1. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. 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.
  1. 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.
  1. 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.
Prize(s)
  1. Daily Prizes and the Major Prize will be collectively referred to as Prizes where relevant.
  1. The winner(s) will be notified in accordance with the Notification of Winner(s). 
  1. 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.
  1. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
  1. 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).
  1. 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.
  1. 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.
  1. 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.
  1. No Prize is transferable or exchangeable. Subject to the Unclaimed Prize Allocation, 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.
  1. 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.
  1. Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used.
General
  1. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
  1. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms of Entry, all Prize claims in excess of the advertised prize pool will be honoured. Instant win game materials void if stolen, forged, mutilated or tampered with in any way. There will be a total of ten (10) Golden Bags printed for this Promotion.
  1. As a condition of accepting a Major Prize a winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 
  1. 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.
  1. 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.
  1. Nothing in these Terms of Entry 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.
  1. 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 of Entry; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize
  1. 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.
  1. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at http://www.pepsico.com.au/privacy/.  Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789.
  1. 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.

 

ANNEXURE A

Specially Marked Smith’s Packs

Crinkle Original 170g

Crinkle S&V 170g

Crinkle C&O 170g

Crinkle Chicken 170g

Crinkle BBQ 170g

Crinkle Chilli 170g

Crinkle Bacon 150g

Thinly Cut Original 175g

Thinly Cut SC&O 175g

Thinly S&V 175g

Thinly Chicken 175g

Thinly BBQ Ribs 175g

Thinly C&O 175g

Thinly Cut Sweet Chilli 175g

Baked Sea Salt 130g

Baked S&V 130g

Baked SC&O 130g

Baked Chicken 130g

Crinkle S&V 45g

Crinkle Original 45g

Crinkle BBQ 45g

Crinkle Chicken 45g

Crinkle Cheese&Onion 45g


 

SCHEDULE

Promotion: Smith's Golden Bag Woolworths Promotion

Permit number(s): Authorised under NSW Authority No.TP/00653. ACT Permit No. TP22/00378. SA Permit No. T22/293

Website: www.smiths.com.au/goldenbag

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 12:00am (Sydney time) on 01/04/2022.  Ends at 11:59pm (Sydney time) on 31/05/2022.

Entry Mechanic: Entrants must purchase any Specially Marked Smith’s Pack (as defined below) from any Woolworths Supermarket nationally in Australia (including Woolworths online) during the Promotional Period. Specially Marked Smith’s Packs will include: Smith's Crinkle and Thinly Cut, Smith’s Baked and Smith’s Poppables (includes the following flavours and sizes  130g, 150g, 170g, 175g (each a “Specially Marked Smith’s Pack”). 90g packs, Mutlipacks and 380g party bags are excluded. See Annexure A at the base of this document for a full list of Specially Marked Smith’s Packs.

Entrants must retain a copy of their purchase receipt as proof of purchase for all entries. 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 Promotional Period but prior to entry.

Prizes: 130 x $100 Woolworths e-Gift Cards (each a “Prize”). Any ancillary costs associated with redeeming an e-Gift Card are not included. Any unused balance of an e-Gift Card will not be awarded as cash. Redemption of an e-Gift Card is subject to any terms and conditions of the issuer including those specified on the e-Gift Card.  

To participate and have the chance to win a Prize, individuals must:

  1. purchase any Specially Marked Smith’s from any Woolworths Supermarket nationally in Australia (including Woolworths online) during the Promotional Period
  2. visit the www.smiths.com.au/goldenbag and follow the prompts on the entry page;
  3. input the requested details including full name, email address and contact phone number and select Woolworths as the store of purchase from the drop down menu;
  4. upload the purchase receipt when prompted; and then
  5. submit the fully completed entry form.

Individuals that submit an entry in accordance with the above, will also be eligible for entry into the “Smith’s Golden Back On-Pack Promotion” with full Terms and Conditions available at www.smiths.com.au/goldenbag.

Draw: There will be one (1) draw conducted at the end of the promotion from all valid entries received. The draw will take place at Greeneagle Distribution & Fulfiment, Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212 on 03/06/2022 at 1:00pm, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

The first one hundred and thirty (130) valid entries drawn will each win a Prize and be deemed a provisional winner (“Provisional Winner”). Provisional Winners names will be published on the Website on 07/06/2022. Provisional Winners will only be confirmed as verified winners upon authentication of their entry (entrants must have and keep their receipt for each entry they submit). 

Maximum Number of Entries: Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted per Specially Marked Smith’s Pack purchased; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of five (5) entries are permitted per person per day.

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 name.

Total Number of Prizes: 130  

Total Prize Pool: $13,000

Notification of Winners: Provisional winners will be notified in writing within seven (7) business days of the Draw.

Prize Delivery: Prizes will be delivered to the winner(s) by email within 28 days of verification.

Unclaimed Prize Allocation: A draw for any unclaimed Prizes may take place on 05/08/2022 at 12noon (Sydney time) at Greeneagle Distribution & Fulfiment Unit 5, 9 Fitzpatrick Street, Revesby NSW 2122, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within seven (7) business days of the draw and their names will be announced on the Website on 12/08/2022. 

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.

Entry
  1. By entering the Promotion, entrants accept these Terms of Entry.
  1. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
  1. Entrants may submit up to the Maximum Number of Entries.
  1. 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 of Entry, 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.
  1. 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.
  1. 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.
  1. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
  1. 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.
  1. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. 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.
  1. 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.
  1. 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.
Prize(s)
  1. The winner(s) will be notified in accordance with the Notification of Winner(s).
  1. 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.
  1. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
  1. 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).
  1. 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.
  1. 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.
  1. 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.
  1. No Prize is transferable or exchangeable. Subject to the Unclaimed Prize Allocation, 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.
  1. 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.
  1. Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used.
General
  1. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
  1. 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.
  1. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to any directions from a regulatory authority.
  1. Nothing in these Terms of Entry 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.
  1. 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 of Entry; (e) any tax liability incurred by a winner or entrant; or (f) use of a Prize
  1. 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.
  1. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at http://www.pepsico.com.au/privacy/.  Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789.
  1. 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.

 

ANNEXURE A

Specially Marked Smith’s Packs

Crinkle Original 170g

Crinkle S&V 170g

Crinkle C&O 170g

Crinkle Chicken 170g

Crinkle BBQ 170g

Crinkle Chilli 170g

Crinkle Bacon 150g

Thinly Cut Original 175g

Thinly Cut SC&O 175g

Thinly S&V 175g

Thinly Chicken 175g

Thinly BBQ Ribs 175g

Thinly C&O 175g

Thinly Cut Sweet Chilli 175g

Baked Sea Salt 130g

Baked S&V 130g

Baked SC&O 130g

Baked Chicken 130g