Terms and Conditions

TERMS & CONDITIONS

Schedule to Terms & Conditions of entry

________________________________________________________________________________________________

Promotion name: Review the products you received in your BaoBag for a chance to win one of two prizes each month

If you received a postcard in your BaoBag noting 3 prizes (including the Tweetycam) please note that this promotion ended on 28th February 2025.

TERMS OF ENTRY

1.             ABOUT

1.1       These Terms of Entry govern Entrants participation in the Promotion.

1.2       By entering, Entrants acknowledge that they have read and accept these Terms of Entry.

2.             ELIGIBILITY

2.1       Entry to the Promotion is free.

2.2       Entry to the Promotion is open to Eligible Entrants.

2.3       Employees (and their immediate family members) of the Promoter, businesses involved in determination of the winner/s for the Promotion, businesses involved in the management of the promotion and any organisations benefiting from the Promotion are not eligible to enter.

3.             HOW TO ENTER

3.1       To enter, Eligible Entrants should follow the “how to enter” guidelines at Item 8.

3.2       Entries must be received by the Promoter during the Promotion Period. Eligible Entrants may submit one entry per household. Multiple entries per household are not permitted. Note: entries received in one month will have their Prize Draw in the following month, but the Prize will be for the month in which the Entry is received. For example, if the Entry is received in April 2025, the Draw will occur in May 2025 but the Prize will be the prize for April 2025.

3.3       All entries become property of the Promoter.

3.4       The Promoter accepts no responsibility for 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. 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. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.

3.5       Any cost associated with accessing or submitting an entry is the Entrant’s responsibility.

3.6       The Promoter may, in its absolute discretion, prohibit an Entrant’s participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner if the Entrant or winner, in the opinion of the Promoter, behaves in a manner which may diminish the good name or reputation of the Promoter or the entry is contrary to law.

4.             HOW TO WIN AND CONDUCT OF DRAW - NATIONAL PRIZE DRAW

4.1       The Promoter will use the Judging Criteria in Item 17 to select two (2) individual winners of the Promotion at the time, date and place outlined in Item 9.

4.2       If the date/s set out in Item 9 falls on a public holiday, the draw will take place on the next business day at the same time.

4.3       The Draw conductor may draw additional reserve winners in the case an invalid entry or Entrant is drawn.

5.             PRIZES

5.1       The winner/s will receive one of the Prizes described in Item 10. The total number of Prize/s available to be won in the Promotion Period is specified in Item 11.

5.2       If the Prize/s is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the Prize with one to the equal or greater value and/or specification (subject to relevant state and territory laws and regulations).

5.3       The Promoter reserves the right, at any time, to verify the validity of an entry or disqualify any Entrant who submits an entry that is not in accordance with these Terms of Entry or who tampers with the entry process. The decision to verify, validate or disqualify an entry is in the Promoter’s absolute discretion.

5.4       The right to a prize is not transferable or assignable to another person.

6.             NOTIFICATION TO PRIZE WINNERS

6.1       The winner/s will be notified as stated in Item 15 using the contact details provided to the Promoter on entry.

6.2       The Promoter will also announce or publish the name of the winner/s in any media, including the Promoter’s Website as soon as practicable after the Draw has been conducted.

7.             UNCLAIMED PRIZE

7.1       If, for any reason whatsoever, the winner does not claim the Prize (including if the Promoter is not able to successfully contact the winner after making all reasonable attempts to do so), within three (3) months of the Draw, the Prize will be forfeited and a redraw will take place as soon as practicable at the Location of Judging in Item 13.

7.2       Winners of unclaimed prizes will be notified via email within three (3) business days of the redraw.

7.3       Winners of the redraw will be published on the Promoter’s Facebook page within three (3) business days of the redraw.

8.             CHANGES TO TERMS OF ENTRY

8.1       If there are any changes to these Terms of Entry, the Promoter will take all reasonable steps to notify the Eligible Entrants and place a notification on the Promoter’s Website.

9.             DELAY OR MODIFICATION OR FORCE MAJEURE

9.1       The Promoter reserves the right to delay or modify any aspect of this Promotion if for any reason it is not capable of running as planned (including without limitation, by reason of infection by computer virus, bugs, tampering, fraud, technical failures, power failures, or due to any other causes unforeseen or beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion), but only to the extent necessary to overcome the issue that is affecting the running of the Promotion as planned.

9.2       If the Promoter is prevented from or delayed in performing an obligation by force majeure then the obligation is suspended during, but for no longer than, the period the force majeure continues and any further period that is reasonable in the circumstances. Force majeure means an event beyond the reasonable control of the Promoter, which occurs without the fault or negligence of the Promoter.

10.       LIABILITY

10.1  While the Promoter will use all reasonable endeavours to arrange the delivery of the Prize to the winner, by entering into this Promotion, each winner acknowledges that circumstances beyond the reasonable control of the Promoter may prevent the delivery of the Prize, or at all.

10.2  Except for any implied condition or warranty (including any applicable Consumer Guarantee) the exclusion of which from these Terms of Entry would contravene any statute or cause any part of these Terms of Entry to be void (Non Excludable Condition), the Promoter excludes from these Terms of Entry all conditions, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, the Promoter (including its officers, employees, contractors and agents) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss, damage, cost, expense, damage or claim suffered, sustained or incurred (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising either directly or indirectly out of or in connection with the Promotion or a Prize, including (without limitation) the following:

(a)       any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(b)      any theft, unauthorized access or third party interference;

(c)       any entry or Prize claim that is late, lost altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(d)      any variation in Prize or Prize value to that stated in these Terms of Entry;

(e)       any tax implications;

(f)         the cancellation or postponement of an event which constitutes a Prize; and/or

(g)       a Prize or use of a Prize.

10.3  The Promoter is not responsible for any lost, stolen or damaged Prizes. Subject to the consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law (as defined in the Competition and Consumer Act 2010 (Cth) (Consumer Guarantees), the Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or services awarded as a Prize (if any).

10.4  Nothing in these Terms of Entry affect, nor is intended to affect, any rights that an Eligible Entrant might have that are not able to be excluded under applicable Australian consumer protection laws.

11.       PRIVACY

11.1  The Promoter will collect, use and disclose an Eligible Entrant’s Personal Information and if applicable business information (as defined under the Privacy Act 1988 (Cth)) in order to administer and conduct the Promotion, carry out any activities connected with or related to the Promotion and provide any related or ancillary goods/services. The Eligible Entrant’s Personal Information may also be used and disclosed in accordance with any other terms and conditions previously agreed to by the Eligible Entrant, (if any) and in accordance with the relevant privacy policy of the Promoter. If an Eligible Entrant does not provide the Promoter with the Personal Information requested by the Promoter, the Promoter may not permit the Eligible Entrant to participate in the Promotion.

11.2  By entering the Promotion, the Eligible Entrant consents to:

(a)       the Promoter collecting and using the Eligible Entrant’s Personal Information in relation to the purposes referred to above;

(b)      where considered necessary by the Promoter, the Promoter disclosing the Eligible Entrant’s Personal Information to third parties including, but not limited to, the Promoter’s agents, affiliates and related bodies corporate, Prize suppliers or regulatory authorities and for any purpose to which the Eligible Entrant has previously consented including but not limited to future promotional, marketing and publicity purposes;

(c)       the Promoter using (or permitting authorized third parties to use) the Eligible Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) and/or the Prize won by the winner in the Promotion in any media, including but not limited to social media, for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome), the Promoter and or products/services supplied by the Promoter for future promotional, marketing and publicity activities. Eligible Entrants may opt out of receiving any future promotional, marketing and publicity activities at any time by contacting the Promoter; and

(d)      the Promoter, its agents, affiliates, related bodies corporate, other companies associated with this Promotion and business partners to send the Eligible Entrant future electronic messages including but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities. Eligible Entrants may opt out of receiving any future electronic messages regarding any promotional, marketing and publicity activities at any time by contacting the Promoter.

11.3  Eligible Entrants should direct any request to access, update or correct their Personal Information to the Promoter.

12.       GENERAL

12.1  Unless the contrary intention appears, a reference in these Terms of Entry or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$, or $ is a reference to the lawful currency of Australia.

12.2  Decisions of the Promoter are final. No correspondence will be entered into. To the extent that a situation or issue arises for which these Terms of Entry make no provision or in relation to which the relevant terms are unclear, the Promoter reserves the right to make a decision regarding such situation or issue in its sole and absolute discretion and, subject to any regulator direction to the contrary, such decision will be final and binding.

12.3  Where the Promotion is communication on Facebook, Entrants in the Promotion acknowledge it is in no way sponsored, endorsed or administered by or associated with Facebook.

12.4  The Promoter accepts no responsibility for any tax implications and the Entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

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