Customer Experience Survey September 2022 - Jamaica Blue Australia

Customer Experience Survey September 2022

  1. Information about the Prize and how to enter forms part of these Terms and Conditions. Participation in this Promotion and acceptance of or participation in any part of the Prize is deemed acceptance of these Terms and Conditions.
  2. The Promoter is Jamaica Blue Pty Ltd (ACN 059 236 529) of Unit 215F1, Building 215, The Entertainment Quarter, 122 Lang Road, Moore Park NSW 2021 | PO Box 303 Double Bay NSW 1360 (Website: jamaicablue.com.au).
  3. The Promotion commences at 9:00am AEST 12 September 2022 and ends at 11:59pm AEST 18 September 2022 (Promotion Period). No entries outside of the Promotion Period will be accepted. The time of entry is the time that an entry is received by the Promoter.
  4. Entry is open to all Jamaica Blue loyalty members that during the period 1 March 2022 to 31 August 2022:
    1. were registered and subscribed Jamaica Blue loyalty members; and
    2. as registered and subscribed Jamaica Blue loyalty members, made an in-store purchase at a Jamaica Blue store anywhere in Australia and scanned their loyalty card at the time of such purchase;
    3. except the following persons who are ineligible to participate: (i) directors, officers and employees (and their immediate families) of the Promoter, of the Promoter’s related entities, or of agencies associated with this Promotion, (ii) persons assisting with this Promotion (and their immediate families), (iii) Jamaica Blue franchisees (and their immediate families), and (iv) directors, officers, employees (and their immediate families) of Jamaica Blue franchisees.
  5. A subscribed Jamaica Blue loyalty member is a Jamaica Blue loyalty member who:
    1.  at the time of registering as a Jamaica Blue loyalty member, or when signing up to the Jamaica Blue App, subscribed to receive exclusive offers, rewards and freebies;
    2. if a holder of Jamaica Blue loyalty card, logged in to their Jamaica Blue loyalty member account and subscribed to receive exclusive offers, rewards and freebies; or
    3. if a user of the Jamaica Blue App, logged in to the Jamaica Blue App and subscribed to receive promotional material by ticking the “Marketing Opt In” check box in the section of the Jamaica Blue App Menu titled “My Details”.
  6. Entrants under the age of 18 must have parental/guardian approval to enter and the parent/guardian must read and consent to these Terms and Conditions. The Promoter may require parents/guardians to enter into a further agreement as evidence of their consent to the minor entering this Promotion. The Promoter may require an entrant to produce identification and proof of age.
  7. To enter the Promotion, entrants must during the Promotion Period respond to the email sent to their registered email address by the Promoter by:
    1. submitting their feedback via the Survey Monkey link contained in the email sent by the Promoter; and
    2. including their name and contact email address in such submission.
  8. Entrants cannot enter the Promotion multiple times.
  9. The Promotion is a game of chance and winners of the Prize will be determined by a random draw of all valid entries.
  10. The Prize consists of a Jamaica Blue Gift Card (valued at $20.00 each) There will be ten (10) winners in total. Total prize pool is valued at $200.00
  11. The random draw will take place at the Promoter’s office at Unit 215F1, Building 215, The Entertainment Quarter, 122 Lang Road, Moore Park, NSW 2021 at 9.00am AEST on 19 September 2022.
  12. The winners will be notified by the Promoter by 5:00pm AEST on 20 September 2022 via the contact email provided in a winner’s entry. Such notification will request a winner to claim the Prize by responding to the Promoter’s email by 5:00pm AEST on 27 September 2022 with the preferred method of delivery (via post or email). If a winner does not claim the Prize by such time such winner will be deemed to have forfeited the Prize and the Promoter will select, by random draw at 9.00am AEST on 4 October 2022, an alternate winner to receive the Prize. The new winner will also be notified by the Promoter by email by 5.00pm AEST on 5 October 2022 and have to respond to the Promoter within the time limit specified in such notification in order to claim the Prize or else they will also forfeit the Prize.
  13. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and/or place of residence) and reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful, improper or inappropriate conduct. Errors and omissions may be accepted at the Promoter’s discretion.
  14. Incomplete, illegible or incorrect entries, or those which contain offensive, inappropriate, or defamatory material, or which breach any law or infringe any third party rights, will be deemed invalid. All entries become the property of the Promoter.
  15. Winners must comply with all conditions of use of the Prize and Prize supplier’s requirements. Any failure by a winner to comply with the conditions imposed by the Prize supplier may result in the Prize or any part of it being cancelled or withdrawn without liability to the Promoter or the Prize supplier. The Promoter will not be liable if a winner is unable to use the Prize of if a winner loses the Prize.
  16. The Prize or any part of it cannot be transferred or exchanged nor redeemed for cash.
  17. The Promoter’s decision in connection with all aspects of the Promotion is final and no correspondence will be entered into.
  18. 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 an offender are reserved.
  19. Entrants agree that they are fully responsible for any material they submit in relation to the Promotion, including but not limited to comments, recordings and images (Content). The Promoter will not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever.
  20. Entrants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or capable of causing harm to any person or entity, or that the Promoter may deem 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, or otherwise unsuitable for publication;
    2. they will obtain prior consent from any owner(s) of any property in the Content, including intellectual property rights;
    3. the Content is an original work that does not infringe the rights of any third party; and
    4. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights.
    5. Without limiting any other of these Terms and Conditions, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  21. Entrants warrant to the Promoter that they have the right and duly license and grant to the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including Content) for any purpose, without compensation, restriction on use, attribution or liability.
  22. The winners consent to the Promoter using their name, State/Territory of residence, likeness, image and/or voice as well as their entry (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  23. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any entrant or modify, suspend, terminate or cancel the Promotion, as appropriate.
  24. 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 consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).
  25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees (in which case that liability is limited to the greatest extent allowed by the law), the Promoter and any agencies associated with the Promotion (including their respective directors, officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury, illness or death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or relating to:
    1. the Promotion;
    2. any technical difficulties or equipment malfunction;
    3. any theft, unauthorised access or third party interference;
    4. any entry or prize claim that is late, lost, altered, damaged or misdirected;
    5. any variation in Prize value to that stated in these Terms and Conditions;
    6. the delay, postponement or cancellation of any activity;
    7. any tax liability incurred by a winner or entrant; or
    8. the Prize or any part of the Prize, including, providing, delivering, accepting, taking, participating in or using the Prize or any part of the Prize.
  26. As a condition of accepting the Prize or any part of it, a winner must, where requested, sign any legal documentation in the form required by the Promoter and/or Prize supplier in their absolute discretion, including but not limited to a legal release and indemnity form.The Promoter collects personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties. Entry into the Promotion and acceptance of the Prize or any part of it is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at  https://jamaicablue.com.au/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning an entrant or a winner. The Privacy Policy contains information about how an entrant may opt out, access, update or correct its PI, how an entrant may complain about a privacy breach and how those complaints will be dealt with.