-
TERMS AND CONDITIONS OF ENTRY
1. These terms and conditions are for all entrants who enter the ‘Subcard® X Click & Collect Promotion’ (“Promotion”). Taking part in this Promotion constitutes acceptance of these Terms and Conditions.
2. The Promoter and Administrator is Subway Franchisee Advertising Fund of Australia Pty Ltd (“SFAFA”) of Level 9, Transport House, 230 Brunswick Street, Fortitude Valley QLD Australia 4006.
3. The Prize Provider is Subcard Australia Pty Ltd (“Subcard”) care of Simplicity Australasia Ltd, Unit C3, 27-29 William Pickering Drive, Rosedale, Auckland 0632, New Zealand.
-
WHO CAN ENTER
4. This Promotion is open to citizens and permanent residents of Australia who are aged 18 and over who are Subcard® members (“Eligible Entrant”).
-
WHO CANNOT ENTER
5. Directors, officers, management and employees (and their immediate families) of:
-
a. SFAFA
b. Subcard; and
c. the agencies, companies or participating Subway® restaurants including Franchise Owners, Subway® Sandwich Artists™ and their operating entity associated with this Promotion,
are not eligible to enter into this Promotion.
-
PROMOTION PERIOD
6. This Promotion commences at 6:00pm AEST on 16 November 2022 and ends at 11:59pm AEST on 30 November 2022 (“Promotion Period”). Entries received before or after the Promotion Period will not be accepted.
-
HOW TO ENTER & ENTRY PROCEDURE
7. To enter, Eligible Entrants must, during the Promotion Period, complete the following steps:
-
a. ensure their Subcard® is registered;
b. receive an invitation from Subcard to participate in the Click & Collect survey by way of eDM/email invitation;
c. click on the survey link contained within the eDM/email invitation; and
d. complete the survey by answering the survey questions and submitting the completed survey.
8. An Eligible Entrant will receive one entry into the draw upon successful completion and submission of the survey.
9. An Eligible Entrant may only complete one survey during the Promotion Period.
10. It is a condition of entering the Promotion that entrants agree for their personal information to be added to SFAFA’s database and to be used in accordance with the purposes set out in these Terms and Conditions.
-
PRIZES DETAILS
11. At the end of the Promotion Period, ten (10) winners will be drawn.
12. Each winner will win a $50 Subcard® eGift card (“Prize”). There are ten (10) Prizes to be won. The total prize pool is $500.
13. The prize value is to be considered in its local currency. The Prize value is correct at time of publishing of these Terms and Conditions and no responsibility is accepted for any variation in the value of the Prize.
-
PRIZE DRAW & WINNER NOTIFICATION
14. The winner(s) of the Promotion will be selected by computerised random draw at the premises of SFAFA, at the times and dates set out in clause 15 from all entries received during the Promotion Period.
15. The prize draw will take place at 11:00am AEST on 1 December 2022 by SFAFA.
16. The first ten (10) valid Eligible Entrants draw will win a Prize.
17. SFAFA will contact the winner(s) by email as soon as possible after the prize draw has taken place using the contact details provided by the winner’s entry.
18. Winners are to claim their Prize in the manner set out in the email informing them they have won (“Winner Email”).
19. If the winner is not able to satisfy these Terms and Conditions or forfeits or fails to claim the Prize by responding to SFAFA’s email within 28 days from the date they receive the Winner Email, they will be deemed to have forfeited their entitlement to the Prize.
20. In the event the winner forfeits his/her prize, an alternative prize winner will be drawn at the SFAFA’s discretion.
21. The Prize will be sent to the winner by a representative of Subcard on or before 7 December 2022.
22. SFAFA and Subcard assume no responsibility for any failure to receive any entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
-
GENERAL
23. Information on how to enter and the prize forms part of these Terms and Conditions. SFAFA reserves the right to change any of the terms and conditions applying to this Promotion or to modify, terminate, suspend or reschedule this Promotion due to an event beyond SFAFA’s reasonable control. Any changes to the terms and conditions applying to this Promotion will be updated in the terms and conditions available on the following website: https://order.subway.com/en-au/promotion-tandcs.
24. Entry into this Promotion authorises SFAFA to release the winner’s name, phone number(s) and email address(s) to their agencies in order to contact and verify the winner.
25. Incomplete, indecipherable or illegible entries will be deemed invalid. SFAFA reserves the right to verify the validity of all entries and to disqualify any entrant for tampering with the entry process or who enters the Promotion otherwise than in accordance with these Terms and Conditions. Failure by SFAFA to enforce any of its rights at any stage does not constitute a waiver of those rights.
26. If there is a dispute as to the identity and/or eligibility of the entrant, SFAFA reserves the right, in its sole discretion, to determine the identity and/or eligibility of the entrant.
27. If the prize (or part of the prize) is unavailable due to reasons beyond the control of SFAFA, SFAFA at its discretion, reserves 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.
28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
29. Entrants consent to SFAFA using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by SFAFA.
30. If this Promotion is interfered with in any manner or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of SFAFA, including but not limited to technical difficulties, unauthorised intervention or fraud, SFAFA reserves the right, in its sole discretion to the fullest extent permitted by law to (a) disqualify an entrant; or (b) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate. Without limiting any other clause, SFAFA may at its discretion amend any aspect of this competition or these terms, subject to applicable laws and subject to the approval of the relevant regulatory authorities.
31. SFAFA’s decision is final, and no correspondence will be entered into.
32. All entries are deemed to be received at the time of receipt by SFAFA’s and/or Subcard’s database and NOT at time of transaction by the entrant. Records of SFAFA and/or Subcard are final and conclusive as to time of receipt.
33. Nothing in these Terms and Conditions limit, exclude or modify 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 Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, SFAFA (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition.
34. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, SFAFA (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under SFAFA’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or correspondence that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of SFAFA; (d) any variation in the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant or winner; or (f) use of the prize.
-
PRIVACY
35. By participating in the Promotion, you consent to SFAFA’s or authorised agents’ collection, use, and disclosure of your personal information for the purposes of administering the Promotion and Prize fulfilment. You acknowledge that you have read, understood and accepted SFAFA’s Privacy Statements, which provide more information about SFAFA’s privacy practices and is located at: https://www.subway.com/en-AU/Legal/PrivacyStatement-FWH. The Privacy Statements also include information about:
36. All entries remain the property of SFAFA.
37. SFAFA may use or disclose entrants’ personal information to related entities or other appropriate third parties in accordance with its privacy policy.