Terms & Conditions

Lagardere Swipe & Win 2021/22 Promotion

1. Information on how to enter and prize information form part of these terms and conditions of entry (Conditions of Entry).

2. Entry into the Promotion is deemed acceptance of these Conditions of Entry.

3. The entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.

4. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.

5. The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.

6. The Promoter is Newslink Pty Limited trading as Lagardère Travel Retail Pacific (ABN 90 003 940 350) of Level 9, 241 O’Riordan Street, Mascot NSW 2020 (Promoter).

7. Outlets participating in the Promotion are outlined in Appendix A (Participating Outlets).

PROMOTION PERIOD

8. The Promotion will commence at 05:00 am AEDT on 24/11/2021 and concludes at 11:59pm AEDT on 18/01/2022 or whilst stocks/prizes last, whichever is first to occur (Promotion Period).

WHO CAN PARTICIPATE

9. Entry in the Promotion is only open to residents of Australia and New Zealand aged 18 years and over, excluding:
   1. management, employees, directors and contractors of the Promoter, their related entities, the Participating Outlets and other agencies, firms or companies associated with the Promotion (including suppliers of the prize);
   2. a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 9(a) of these Conditions of Entry;
   3. persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,

   (Eligible Entrants). The persons referred to in paragraph 9(b) of these Conditions of Entry include natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in their absolute discretion.

HOW TO ENTER

10. To enter the Promotion, Eligible Entrants must, during the Promotion Period:
    1. purchase any Participating Product (see Appendix B for full list) at a Participating Outlet (see Appendix A for full list) (Qualifying Purchase) and retain purchase receipt (Receipt);
    2. go online to www.swipeandwininstantly.com, enter your personal details including first name, last name, valid email address, mobile phone number, date of birth, receipt number, location of purchase (Australia or New Zealand) and any other details requested by the Promoter, and upload a photo/scanned copy of the purchase receipt for the Qualifying Purchase; and
    3. play the Virtual Swipe to Win game as prompted. If you reveal 3 of the same symbols you will win the applicable instant win prize shown on screen,

    (“Eligible Entry”).

    All entrants who purchased using MASTERCARD will be entered into the draw for the chance to win the Mastercard Australian Open Major Prize.

    Instant Prize Winners will be emailed with details on how to claim/receive their prize.

11. Limit one (1) Eligible Entry permitted per Qualifying Purchase (i.e., per Participating Product purchase); and maximum of one (1) Eligible Entry permitted per person and email address each day. Each entry must be completed separately and in accordance with the entry instructions above. Eligible Entrants may submit a limit of ten (10) Eligible Entries in the Promotion.

12. Maximum of two (2) instant win prizes permitted per person (excludes SA residents who are eligible to win more than two (2) instant win prizes).

VERIFICATION

13. Eligible Entrants must retain their original Receipt (Proof of Purchase) which corresponds to each entry they submit in the Promotion in order to claim the prize (if won). 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 Promotion Period but prior to entry.

14. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter in its absolute discretion:
    1. appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the prize (if won) and compliance with these Conditions of Entry; and
    2. their Proof of Purchase that corresponds to all entries they have submitted in the Promotion.

15. If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry/entries submitted by the entrant will be deemed invalid.  The prize will only be awarded following all validation and verification requirements of the Promoter being met to their satisfaction.

16. Entrants can only enter the Promotion in their own name. Entrants who enter using multiple aliases (i.e., multiple names, addresses and/or email addresses) will be disqualified.

17. If more than one person attempts to claim the prize, the Promoter have a sole and absolute discretion to determine which of those persons the winning entrant is.

18. The Promoter reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserve the right, in their sole discretion, to disqualify any individual who the Promoter have reason to believe has breached any of these Conditions 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.

19. Incomplete, indecipherable or illegible entries will be deemed invalid.

PRIZE DRAW & PRIZES

20. A random electronic prize draw will be conducted at Greeneagle, 5/9 Fitzpatrick Street, Revesby, NSW, 2212 (Draw Location) by a representative of the Promoter at 12 noon AEDT on 19/01/2022 (Prize Draw). The draw conductor may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

21. The first Eligible Entrant with a valid entry drawn in the Prize Draw (whom made an eligible purchase via Mastercard) will win the following Mastercard Australian Open Major Prize.

    The Major Prize includes the following:

    • 3 Nights Accommodation for four (4) people (drawn winner and three (3) x Companions) at a 5-star luxury hotel in Melbourne CBD, Victoria, Australia – two (2) rooms for two (2) people each (configuration - twin share or double)
    • Australian Open Priceless Experience (Details TBC with Winner upon confirmation)
    • Four (4) return flights from the nearest capital city of the Winner (or nearest major airport if from NZ) to Melbourne, Australia. Flights not provided if winner resides in Victoria, Australia
    • Total Package RRP – Up to $40,000, depending on exact date and point of departure

    Spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the the 2022 Australian Open event and is subject to booking and flight availability. If the winner is unwilling or unable to travel on the required dates specified by the Promoter to concide with this event, they will forfeit their right to the prize. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her travel companions are responsible for ensuring that they have valid passports (if from NZ), and any requisite visas, vaccinations and travel documentation. The winner and his/her travel companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. Any tickets awarded as part of the prize are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. If COVID-19 government imposed travel restrictions prevent travel to/from Melbourne, VIC from certain locations, the prize will only be awarded to the first valid entry drawn who is able to attend the 2022 Australian Open event based on their location. If there are no specators permitted to the 2022 Australian Open event, the first valid entry drawn will instead be awarded tickets to the 2023 Australian Open event and all prize inclusions will move to the 2023 event date.

22. The instant win prizes available to be won in each of Australia and New Zealand are listed below. Note: prizes are allocated based on the country you purchased a Participating Product in as per your purchase receipt (i.e., if you purchased in Australia, you are eligible for the Australian – Instant Win Prizes and if you purchased in New Zealand, you are eligible for New Zealand – Instant Win Prizes):

AUSTRALIA – INSTANT WIN PRIZES

NEW ZEALAND – INSTANT WIN PRIZES

23. The total maximum prize pool in Australia is up to AUD$115,698.33.

24. Prizes cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the prize is obtained through any of these methods, it will not be honoured.

25. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

26. In the event the instant win prize is out of stock an alternative for the same value will be provided at the discretion of the Promoter.

NOTIFICATION OF PRIZE WINNER

27. Instant winners will be notified online upon completion of Virtual Swipe to Win game. The draw winner will be notified by phone and via email on the same day of the draw and the draw winner and Australian winners of instant win prizes over AUD$250 will be advertised at www.swipeandwininstantly.com on or before 20/01/2022.

UNCLAIMED PRIZE DRAW (IF ANY)

28.  If a winner of any prize over $100 is not contactable or does not claim the prize by 11am AEDT on 21/01/2022 (and there are no reserve Eligible Entrants drawn from the original draw), a random electronic re-draw will be conducted at 12 noon AEDT on 21/01/2022 at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from the relevant gaming departments (Re-Draw). Any unwon or unclaimed prizes valued at $100 or less will not be awarded in the re-draw.

NOTIFICATION OF RE-DRAW WINNER (IF ANY)

29. The Re-Draw winner/s, if any, will be notified by phone and via email on the same day of the re-draw and Australian winners of prizes over $250 advertised at www.swipeandwininstantly.com on 21/01/2022.

GENERAL

30. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Conditions of Entry, all prize claims in excess of the advertised prize pool will be honoured.

31. 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.

32. As a condition of accepting the prize, the winner (and their companions in the case of the Major Prize, or their parent/legal guardian if under the age of 18) may be required to 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.

33. Prizes are not transferable or exchangeable. Prizes must be taken as offered and may not be varied.

34. The Promoter shall not be liable for the prize being lost, stolen, damaged or tampered with in any way before it reaches the winner or after it has been released to the winner.

35. The Promoter accepts no responsibility whatsoever for any variation in the value of the prize from the time of printing Promotion materials.

36. The Promoter accepts no responsibility whatsoever for any entries not received for any reason during the Promotion Period. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.

37. If, for any reason, the Promotion is not capable of being run as planned, including (but not limited to) due to infection by computer virus, bugs, network failure, 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 their absolute discretion to take any action that may be available to them, subject to relevant gaming regulations, including cancelling, terminating, modifying or suspending the Promotion or disqualifying any entrant.

38. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

39.  Subject to the unclaimed prize draw clause, if for any reason the winner does not take or claim a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

40. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority

41. The:
    1. Promoter, the Promoter’s related entities and all agencies associated with the Promotion; and
    2. the employees, agents, directors and contractors, of all entities referred to in paragraph 41(a),

    
    shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

42. The Promoter accepts no responsibility whatsoever for any tax liabilities that may arise from winning or receiving the benefit of the prize.

43. The prize winner must, at the Promoter’s request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.

44. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

PERSONAL INFORMATION

45. All entries become the sole property of the Promoter.

46. All information entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and contacting and verifying the winner, and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. If an entrant selects to opt into receipt of marketing at the time of entry, the Promoter may also for an indefinite period, unless otherwise advised, use the Personal Information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning Eligible Entrants. Entry is conditional on providing this Personal Information.

47. The Promoter may disclose entrants' Personal Information to its contractors and agents to assist in conducting this Promotion as required, to Australian regulatory authorities.

48. Entrants may view the Promoter’s privacy policies by visiting http://lsaspac.com/legals/.

49. The Promoter’s privacy policy contains information about how Eligible Entrants may opt out, access, update or correct their Personal Information, how Eligible Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose entrant’s personal information to any entity outside of Australia or New Zealand.

50. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The Privacy Amendment (Enhancing Privacy Protection) Act 2012) as well as any other applicable laws.

51. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

Authorised under NSW Authority No. TP/00737, SA Permit No. T21/1633 & ACT Permit No. TP 21/01814.1

Appendix A
Participating Outlets

Appendix B
Participating Products

In Australia: