12 days of Christmas Competitions 2022

Competition Schedule

Entry Terms & Conditions (“T&Cs”)

1. A variety of information on the Competitioncan be found in these T&Cs, which must be read in conjunction with the Competition Schedule. Should there be any inconsistency between these T&Cs and the Competition Schedule, the Competition Schedulewill prevail. 

1. Entry into the Competition is deemed to be acceptance of these T&Cs, while any violation of these T&Cs may result in disqualification.

1. Entry is open only to Australian residents who satisfy the Method of Entry. Directors, managers, officers, employees, contractors and suppliers (as well as their families) of the Promoter, its related bodies corporate and agencies are ineligible to enter. Family means spouse, ex-spouse, child or stepchild, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin, in all cases including whether natural or by adoption.

1. Entry times to the Competition will be deemed to be the time the entry is received by the Promoter. To ensure clarity:

• The Promotion will be conducted during the Promotion Period. 
• Prizesare as specified in the Competition Schedule. 
• The Total PrizePool is as specified in the Competition Schedule. 
• Any Prizesare valued in Australian dollars. 

• All gift card Prizes are valid until the expiry date stated on the gift card. 
• Entrants agree to comply with any conditions which accompany the gift card. 

1. The entrants must follow the Method of Entry during the Promotion Period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid. 

1. Gift Card Exchange reserves the right to terminate this Promotion / withdraw this Offer at any time and without notice.

1. No responsibility is assumed by the Promoterfor any tax implications that may arise from accepting Prizes. Entrants are responsible for any and all expenses that they incur in entering the Competition and they will not be reimbursed regardless of whether or not they win the Competition. 

1. No responsibility is assumed by the Promoterfor any incomplete, corrupted, late, lost, incorrectly submitted, illegible or misdirected entries, claims or correspondence whether due to error, omission, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including any costs incurred. No correspondence will be entered into. 

1. No responsibility is assumed by the Promoter where it is unable to contact winners who have not provided correct or complete contact details. If an entrant’s contact details change during the Promotion Period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to the Promoter. 

1. The Prize will be awarded to the valid winner drawn randomly in accordance with the Winner Selection details. In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the Prizes, the Prizes will be awarded to the winner of the redraw, or the Entrant next in line. If the Prize cannot be awarded to that winner, the promoter will then continue thisprocess until the Prize has been awarded. 

1. Winner Selection will be made remotely, unless previously notified by the Promoter on https://www.giftcardexchange.com.au, or xmas.giftcardexchange.com.au,within at least 48 hours of the Competition closing.

1. The winner will be notified in accordance with the Competition Schedule. The Competition Scheduleincludes details about how the Prizesare to be claimed. 

1. A condition of accepting any Prizeis that the winner complies with all the Terms of Use and Terms of Service of the Prize and the Promoter’s requirements. Each Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated. 

1. If the Prize has not been claimed by the Unclaimed winnings date and time and subject to any written directions from a regulatory authority, the Promoter may conduct an Unclaimed Winningsredraw in accordance with the Competition Schedule. If a Prize is no longer available the promoter may substitute it with a Prize of equal or higher value subject to any directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the Prizes. 

1. To the extent permitted by law, the Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, as regards this Competition or the merchantability, quality or fitness for a particular purpose of any Prizes or any component of any Prizes, including those which may have been made in the course of advertising or promoting the Promotion.

1. The Promoter does not exclude any rights or remedies in respect of goods or services which cannot be excluded, restricted or modified by law. However, to the extent permitted by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence) for any personal injury or any loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:

• any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
• any theft, unauthorised access or third party interference;
• any entry or Prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise);
• any variation in Prize values or specification to that stated or referred to in these T&Cs; or
• use of Prizes by the winner.

1. By entering the Promotion, an entrant releases the Promoter and its related parties from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a Prizes, or using or permitting any other person to use the Prizes, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable. 

1. Notwithstanding the foregoing clause, if the Promoter incurs a liability to an entrant under any law which implies a warranty, representation or guarantee into these T&Cs which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotionor paying the cost of resupplying those goods or services. 

1. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these T&Cs, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter,the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event. In addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities, or disqualify any entrant believed by the Promoter to have intervened in any way.

1. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity. 

1. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, Prize claims and entrants and to disqualify any entrant who submits an entry or Prize claim that is misleading or not in accordance with these T&Cs or who manipulates or tampers with the entry process. In the event a winner breaches these T&Cs, the winner will forfeit the Prizes in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 

1. If there is a dispute as to the identity or details of any entrant, the Promoter reserves the right to determine, at its sole discretion, the identity or details of that entrant.

1. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. 

1. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any Prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for a reasonable period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. 

1. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy Policy which adheres to the Privacy Act 1988 (Cwth) and Australian Privacy Principles. 

1. The Promotion and these T&Cs will be governed by the law of Victoria. Entrants accept the non-exclusive jurisdiction of courts and tribunals of Victoria in connection with disputes concerning the Promotion. 

1. Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram; and to release Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Instagram.

1. Entrants agree that they are fully responsible for the entry which they submit, including any entry content (such as text, images, photos and videos) and any accompanying comments (Submission). The Promoter shall not be liable in any way for such Submission to the fullest extent permitted by law. The Promoter may remove any Submission without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter could reasonably deem to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior written consent from any person that appears or is personally identifiable in their Submission; (c) they will obtain full prior written consent from any person who has jointly created or has any rights in the Submission to the uses and terms herein; (d) their Submission does not contain viruses and will not cause injury or harm to any person or entity; (e) they will not summit photos they are not themselves in; and (f) they will comply with all applicable laws and regulations, including, without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

1. If you have any questions regarding these T&Cs, the Promoter may be contacted by email at help@giftcardexchange.com.au