TERMS AND CONDITIONS

For store event promotions Terms and Conditions, click for NSW, SA, and all other states

“Smith’s Spin to Win” On-Pack Promotion

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to Australian residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  1. The Promoter is The Smith’s Snackfood Company Pty Ltd (ABN 31 057 976 940) of Tower A, Level 4, 799 Pacific Highway, Chatswood, NSW 2067, telephone (02) 9951 1799.

Promotional Period

  1. Entries into the promotion open at 12:00am AEDST on 10/03/19 and close at 11:59pm AEST on 01/06/19 (“Promotional Period”).

Entry

  1. How to Enter: To enter, individuals must complete the following steps during the Promotional Period:
    1. Purchase any one (1) pack of participating Smith’s Chips as outlined in Schedule 1 below (“Eligible Product”) from any participating store. All stores in Australia that stock and sell Eligible Products will be participating stores for the purposes of this promotion;
    2. Visit the website www.smithsfortune.com.au (“Website”), follow the prompts to the promotion entry page, input the requested details (including full name, DOB, email address, mobile phone number) and the last five (5) digits of the Eligible Product barcode located on the back of pack; and
    3. Submit the fully completed entry form.
  1. Entrants will then be directed to play via Website the promotional ‘Spin The Wheel’ game. The ‘Spin The Wheel’ game will contain a virtual wheel which will consist of a combination of winning and non-winning segments. Entrants must follow the prompts on screen to spin the virtual ‘Spin the Wheel’ wheel to reveal whether or not they have won an instant prize. Entrants who are notified that they have won a prize will win the prize indicated. Entrants who have not won a prize will receive the message “You haven’t won an Instant Win Prize this time but you are in with the chance to win the Major Prize Draw where you could Spin to Win up to $1 million”. For the sake of clarity, the winning/losing algorithm of the ‘Spin the Wheel’ game will be based on random and pre-determined times.
  1. All valid entries received (winning and non-winning Instant Win Prize entries) will be automatically placed in the Major Prize Draw (see clauses 15-19 below).
  1. Retain receipt: Entrants must retain their purchase receipt(s) for all entries as proof of purchase and may be required to validate and claim their prize. 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 Promotional Period but prior to entry.
  1. Entry Limit: : A maximum of three (3) entries per person per day is permitted, subject to the following:
    1. only one (1) entry permitted per Eligible Product purchased. For clarity, only (1) entry is permitted per multi-pack.;
    2. each entry must be submitted separately and in accordance with entry requirements.

Instant Win Prizes

  1. Instant Win Prize winners will receive one (1) of the prizes listed in the table below:
Prize Number of Prizes
$1,000 30
$50 7,000
$20 32,500

Total Instant Win Prize pool: $1,030,000.

  1. All cash prizes will be paid by the Promoter to each winner via a direct EFT transfer into the winner’s nominated bank account, subject to winner verification.
  1. Instant Win Prize Winner Notification: Entrants will be notified immediately in writing on screen whether or not they have won an instant prize. Instant prize winners will be required to provide additional details to the Promoter in order to claim their prize, via email as directed by the Promoter.
  1. Instant Win Prize Claim: All claims for instant win prizes must be received by 11:59pm AEST on 15/09/19.  Instant Win Prizes not claimed by this date will be forfeited and distributed in accordance with the Unclaimed Prize Allocation (clause 23).

Major Prize

  1. Major Prize Draw: All valid entries will also be entered into the major prize draw. The major prize draw will take place at Greeneagle Distribution & Fulfilment, Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212 on 03/06/19 at midday AEST, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The first valid entry drawn from all eligible entries received during the Promotion Period in the Major Prize Draw (“Major Prize Winner”) will win the opportunity to participate in the Major Prize Spin The Wheel Event (“Event”) for the chance to win up to $1,000,000. Details of the Event are specified below.
  1. Major Prize Draw Winner Notification: The Major Prize Winner will be notified by telephone and in writing via email within two (2) business days of the Major Prize Draw. The Major Prize Winner must confirm their attendance to the Event (or appoint a proxy) within three (3) business days of being notified. If they fail to do this they will be invalidated and the next drawn reserve winner will be contacted. This process will continue until a Major Prize Winner is confirmed to attend the Event.
  1. Major Prize Spin The Wheel Event: The Event will take place on 14/06/19 at 12 noon AEST at an address to be determined within Australia, in accordance with the Spin The Wheel Mechanic, and will be scrutinized by an independent person. Travel (and associated costs) to and from the Event location will be provided to the Major Prize Winner only (not their proxy) up to a maximum value of $1,000, if the winner lives more than 2 hours by car from the place of the Event. If the Major Prize Winner cannot attend the Event, the Major Prize Winner may participate in the Event via video link or appoint a proxy over 18 years of age to participate in the Event on his/her behalf provided the Major Prize Winner gives the Promoter written signed notice to that effect before the start of the Event.  If the Promoter has not been able to contact the Major Prize Winner before the start of the Event or the Major Prize Winner or their proxy does not attend the Event, a representative of the Promoter will participate in the Event on the Major Prize Winner’s behalf. For the avoidance of doubt, if the Major Prize Winner is not present at the Event, and a proxy or Promoter’s representative participates on their behalf, the Major Prize Winner will have until 11:59pm AEST on 15/09/19 to claim the prize they have won at the Event.
  1. Major Prize Spin the Wheel Mechanic:
    1. The Major Prize Spin The Wheel will consist of a physical wheel with one hundred (100) prize segments, comprising three types of segments:
      1. 1 segment x $1,000,000.
      2. 5 segments x $50,000.
      3. 94 segments x $2,000 and “one (1) years supply of Smiths Chips for you and a friend” segment. Smith’s Chip’s valued at $394.80 RRP.
  1. The Major Prize Winner/proxy/representative (“Attendee”) must spin the wheel at the Event, when directed by the Promoter’s staff, and the Major Prize Winner will win the prize specified in the prize segment that the wheel’s ticker lands on, subject to verification by the judges. Only one (1) attempt to spin the wheel will be permitted, and it is a condition that the wheel must make one (1) full/complete revolution before coming to a complete stop on one (1) of the one-hundred (100) segments in order for the spin to be valid. If there is any dispute as to the prize won, the Promoter’s decision in this regard will be final. If the Attendee is found to have breached any conditions for playing the Spin The Wheel game or participating in this Promotion, he/she (and the person he/she if playing on behalf of) may be disqualified by the Promoter.
  1. Major Prize Delivery: Any awarded cash prize will be paid via EFT into the winner’s nominated bank account. In the event the “one (1) year’s supply of Smiths Chips for you and a friend” prize is awarded, the prize will comprise of ten (10) cases of Smiths Chips (in varieties to be determined by the Promoter in its absolute discretion), each containing twelve (12) packs of 170g chips in each case, and it will be supplied as three (3) separate deliveries to the Major Prize Winner’s address. The first delivery of four (4) cases will be made within two (2) weeks of the Event, the second delivery of three (3) cases will be made four (4) months later and the final delivery of three (3) cases will be made four (4) months after the second delivery, subject to any winner verification, processing or delivery delays. Winners will be notified of any delay.
  1. Total Prize Pool: Up to $2,031,000, depending on the outcome of the Event.
  1. Winner Publication: The Major Prize Draw Winner and each Instant Prize Winner name and suburb will be published on www.smithsfortune.com.au from 05/06/19.
  1. Unclaimed Prize Allocation: A draw for any instant win prizes that are won, but unclaimed, or the Major Prize if won, but unclaimed, may take place on 16/09/19 at the same time and place as the original Major Prize Draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and in writing via email within two (2) business days of the draw and their names will be published on www.smithsfortune.com.au from 23/09/19. In the event the Major Prize is awarded as part of the Unclaimed Prize Allocation, the winner will win the prize as determined by the Attendee’s spin during the Event.
  1. All costs and prize inclusions not expressly listed in the prize descriptions above, including but not limited to taxes (excluding GST), insurance, and bank transfer fees, are the responsibility of each winner.
  1. If the Major Prize Winner will be provided travel costs (in accordance with clause 17), redemption of travel costs element is conditional on acceptance of the Promoter’s terms and conditions of travel and any third party provider terms and conditions.

General

  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. Incomplete or indecipherable entries will be deemed invalid.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable.
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, 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.
  1. As a condition of accepting a prize, each prize winner may be required to, at the Promoter’s request, participate in promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their 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 the Promoter.
  1. Subject to the Unclaimed Prize Allocation clause, if for any reason a winner does not take, claim or redeem 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.
  1. If any prize (or part of any prize) is unavailable, the Promoter, in 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.
  1. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. Printing errors or other quality control matters outside the control of individual entrants will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.
  1. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes 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 promotion.
  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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 the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) any prize.
  1. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering/submitting a vote in this Promotion, entrants/voters consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’/voters’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants and to Australian regulatory authorities. Entrants can read the Promoter’s Privacy Policy at https://www.smiths.com.au/assets/PepsiCo-Australian-Privacy-and-Credit-Reporting-Policy-December-2014-72bf6e0725d535527672d7a6b67309aa7feda4a4207e8e87864491f249e29f9c.pdf.  The Privacy policy contains details of how entrants may complain about a breach of the Australian Privacy Principles and how those complaints will be dealt with. Entrants can request access, updates and corrections to their personal information or opt-out by contacting our privacy officer at consumer.cic@pepsico.com  or 1800 025 789. Personal information collected from entrants/voters may be disclosed overseas, see the Promoter’s privacy policy for a list of countries where personal information may be disclosed.
  1. Unless the contrary intention appears, a reference in these Terms and Conditions or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.

NSW Permit No. LTPS/18/29776. ACT Permit No. TP18/02242. SA Permit No. T18/2038.

Schedule 1

Participating Smith’s Chips Products

  Product Description
1. SMITH’S CRINKLE CUT ORIGINAL 27G
2. SMITH’S CRINKLE CUT SALT & VINEGAR 27G
3. SMITH’S CRINKLE CUT BBQ 45G
4. SMITH’S CRINKLE CUT CHEESE & ONION 45G
5. SMITH’S CRINKLE CUT CHICKEN 45G
6. SMITH’S CRINKLE CUT ORIGINAL 45G
7. SMITH’S CRINKLE CUT SALT & VINEGAR 45G
8. SMITH’S CRINKLE CUT ORIGINAL 60G
9. SMITH’S CRINKLE CUT CHEESE & ONION 60G
10. SMITH’S CRINKLE CUT CHICKEN 60G
11. SMITH’S CRINKLE CUT SALT & VINEGAR 60G
12. SMITH’S CRINKLE CUT BBQ 90G
13. SMITH’S CRINKLE CUT CHEESE & ONION 90G
14. SMITH’S CRINKLE CUT CHICKEN 90G
15. SMITH’S CRINKLE CUT ORIGINAL 90G
16. SMITH’S CRINKLE CUT SALT & VINEGAR 90G
17. SMITH’S CRINKLE CUT BBQ 170G
18. SMITH’S CRINKLE CUT CHEESE & ONION 170G
19. SMITH’S CRINKLE CUT CHICKEN 170G
20. SMITH’S CRINKLE CUT ORIGINAL 170G
21. SMITH’S CRINKLE CUT SALT & VINEGAR 170G
22. SMITH’S CRINKLE CUT ORIGINAL 330G
23. SMITH’S CRINKLE CUT SALT & VINEGAR 330G
24. SMITH’S THINLY CUT ORIGINAL 175G
25. SMITH’S THINLY CUT SALT & VINEGAR 175G
26. SMITH’S THINLY CUT SOUR CREAM & ONION 175G
27. SMITH’S THINLY CUT SWEET CHILLI & SOUR CREAM 175G
28. SMITH’S THINLY CUT ROAST CHICKEN 175G
29. SMITH’S CRINKLE CUT ORIGINAL 6PK 114G
30. SMITH’S CRINKLE CUT SALT & VINEGAR 6PK 114G
31. SMITH’S CRINKLE CUT MULTIPACK VARIETY SMITH’S 20PK 380G
32. SMITH’S CRINKLE CUT MULTIPACK ORIGINAL 20PK 380G
33. SMITH’S CRINKLE CUT FRENCH ONION DIP 150G
34. SMITH’S CRINKLE CUT TOMATO SALSA 150G
35. SMITH’S CRINKLE CUT FRENCH ONION DIP 80G
36. SMITH’S CRINKLE CUT TOMATO SALSA 80G
37. SMITH’S CRINKLE CUT FRENCH ONION DIP 45G
38. SMITH’S CRINKLE CUT PRAWN COCKTAIL 150G
39. SMITH’S CRINKLE CUT SNAG & SAUCE 150G
40. SMITH’S CRINKLE CUT MAC N CHEESE 150G
41. SMITH’S CRINKLE CUT SPAG BOWL 150G
42. SMITH’S CRINKLE CUT MAC N CHEESE 80G
43. SMITH’S CRINKLE CUT SPAG BOWL 80G
44. SMITH’S CRINKLE CUT MAC N CHEESE 45G
45. SMITH’S CRINKLE CUT SOUTHERN FRIED CHICKEN 150G
46. SMITH’S CRINKLE CUT SOUTHERN FRIED CHICKEN 80G
47. SMITH’S CRINKLE CUT ORIGINAL 500G
48. SMITH’S CRINKLE CUT SALT & VINEGAR 500G
49. SMITH’S CRINKLE CUT SMITH’S VARIETY 66PK 1254G
50. SMITH’S CRINKLE CUT PARTY PACK VARIETY 66PK 1224G
51. SMITH’S CRINKLE CUT ORIGINAL 655G
52. SMITH’S CRINKLE CUT AMERICAN PULLED PORK 150G
53. SMITH’S CRINKLE CUT SMOKY BACON 150G
54. SMITH’S CRINKLE CUT VARIETY FUN MIX BOX 20PK