Terms and conditions gift card giveaway
Win an $100 Peachay gift card Terms and Conditions
The Peachay gift card giveaway will Open at 12:00PM AEDT 17th February 2022 and will end at 11:59PM AEDT 19th December 2022. By participating in the promotion, entrants acknowledge that they have reviewed, accepted and agreed to be bound by the Official Rules, and accept the decisions of the Peachay PTY. LTD. as final and binding in all respects. By entering, entrants confirm they are 18+ years of age.
The Promotion is sponsored by:
Peachay PTY. LTD.
ABN 86 645 342 169
Email Address: email@example.com
Entry in the Promotion is only open to residents of Australia aged 18+ years and over.
Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors and employees, as well as the household members (whether or not related) and immediate family members (parents, step-parents, legal guardians, children, stepchildren, siblings, or spouses) of each are ineligible to enter the Promotion or win a prize. This Promotion is subject to all applicable federal, state, territorial and local laws and regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
A winner will be drawn each month, and the winner will receive $100 AUD Peachay gift card.
The Prize is awarded “AS IS” and is non-transferable, and no substitution by winner or cash equivalent is allowed.
How to Enter.
To enter the Promotion, eligible entrants during the promotion period, must be subscribed to Peachay’s mailing list at the time the winner is chosen each month. If an entrant subscribes to the mailing list then unsubscribes, they will no longer be eligible to win.
If requested by the Sponsor, eligible entrants must produce, within the time requested by the Sponsor: (a) appropriate photo identification or other documentation, required by the Sponsor to verify their identity, age, eligibility to enter the Promotion and claim the prize (if won) and compliance with these Conditions of Entry.
Winners will be notified via the email that was used to subscribe to our mailing list on the 1st of every month until the end of the promotion.
If a winner is not contactable or does not claim the prize by 9:00AM AEDT on the 7th of every month, a redraw will be conducted at 10:00AM AEDT on the 6th of the month. The re-draw winner will be notified via email.
Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are made in the Sponsor’s sole discretion and are final and binding in all matters related to the Promotion. Sponsor reserves the right to disqualify any entrant who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the Promotion or intends to annoy, abuse, threaten or harass any other entrant or Sponsor. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitation of Liability.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability for (a) any late, lost, damaged, misdirected, incorrect or incomplete entries; (b) any typographical errors in the offer or administration of the Promotion, including, but not limited to, errors in any Promotion related materials, including all advertising for the Promotion, these Official Rules and the distribution of a prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (d) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Promotion; (f) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (g) suspended or discontinued Internet, wireless or landline phone service; or (h) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the Territories of Australia (“Non-Excludable Guarantees”). If the Promotion is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, or any other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such an event, Sponsor shall immediately suspend the drawing and prize award, and Sponsor reserves the right to award the prize using all known eligible entries received as of the date of termination in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Promotion. If, for any reason, there are more winners than prizes to be awarded, the Sponsor reserves the right to award any remaining prizes through a random drawing of all eligible winners. No more than the number of prizes listed herein will be awarded.
Except where prohibited, by participating in the Promotion, entrants agree to release, indemnify, defend and hold harmless Sponsor, their subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of your participation in the Promotion or from your receipt, acceptance, use or misuse of any Promotion prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical malfunctions related to computer hardware or software, servers, Internet connectivity, or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical or printing errors in any Promotion-related materials; (e) errors in the administration of the Promotion or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g) unauthorized human or non-human intervention of the operation of the Promotion, including, without limitation, unauthorized tampering, hacking, theft, virus, bug, worm, or destruction of any aspect of the Promotion; or (h) injury or damage to persons or property and/or death. Each entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, epidemic, pandemic (covid restrictions), war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law / Jurisdiction.
The Promotion is subject to all applicable, as the case may be, national, federal, territorial, state, and local laws of Australia. To the extent permitted by law, entrants consent to the jurisdiction and venue of the courts located in New South Wales, Australia for the resolution of any disputes, claims and causes of action arising out of or relating to this Promotion or the prize (individually, “Claim”). All Claims shall be resolved individually, without resort to any form of class action. Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs incurred with entering this Promotion. Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or third party participants, whether foreseeable or not and whether based on negligence or otherwise.