SMITH’S CHANCE TO WIN $250 INSTANTLY PROMOTION Terms & Conditions

TERMS AND CONDITIONS SCHEDULE

Promotion: SMITH’S CHANCE TO WIN $250 INSTANTLY ‘23

Permit number(s):Authorised under NSW Trade Permit Authority No. TP/00653, ACT Permit No. TP23/ 00836, SA Permit No. T23/649.

Promoter:The Smith’s Snackfood Company Pty Ltd (ABN 31 057 976 940), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.

Entry Restrictions:Entry to the Promotion is open to Australian residents currently living in Australia, aged 18 years and over who fulfil the entry requirements. Entrants must have a SnackBack account to enter.

Directors, management, employees, officers and contractors (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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

Promotion Period: Starts at 7:00am (Sydney time) on 25/09/23. Ends at 11:00pm (Sydney time) on 15/12/23.

Entry Mechanic:To enter the Promotion, an entrant must complete the following steps during the Promotion Period.

purchase any Participating Product from any retailer within Australia during the Promotion Period (a“Qualifying Transaction”);
download the Snackback app (“the App”) if not done so already. The App is available to download for free from the App Store and Google Play;
register for a Snackback account on the App if not done so already by following the prompts and inputting the requested details (including but not limited to full name, a valid email address, mobile phone number and date of birth), setting a password and agreeing to the terms of use and privacy policy as indicated;
once registered and logged in, click on the Win $250 Instantly tab within the App, input purchase details including where they made their purchase of the Participating Product and the Best Before Date on the Participating Product. For clarity, entrants will be able to go straight to the Win $250 Instantly tab within the App once registered. Entrants will only have to register once; and
entry valid between 7:00am and 11:00pm (Sydney Time) daily.

Entrants will find out instantly if they’re a winner (message reveal on screen). All Instant Win Prize claims are subject to verification. Entrants who are notified that they have won an Instant Win Prize will win a Vault Pays-enabled Prepaid Mastercard® Gift Card valued at AU$250 as indicated on screen. Entrants who have not won a prize will receive a message on screen indicating that they are not a winner.

Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own legal name.

Participating Products: Any promotionally branded, or non-promotionally branded packs in any flavour variant of the following products:

Smith’s 45g, 80g, 90g
Doritos 45g, 80g, 90g
Burger Rings 45g, 90g
Cheetos 45g, 80g, 90g
Grain Waves 45g, 90g
Red Rock Deli 45g, 80g, 90g
Sunbites Popcorn 28g
Toobs 35g
Twisties 45g, 65g, 80g, 90g

Entrants must input a valid Best Before date, which is found on front of the Participating Product. Incorrect Best Before dates, expired Best Before dates, or Best Before dates that do not match the identified dates for this Promotion will be deemed invalid. Entrants will be notified instantly on screen if they have entered an invalid Best Before date.

Number of Entries:Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction; and (b) a limit of one (1) entry per person per day.
Each entry must be submitted separately and in accordance with entry requirements in this Schedule and Terms of Entry.

Maximum Number of Prizes: Where an entrant has submitted multiple entries into the Promotion, a maximum of five (5) Instant Win Prizes may be won by any individual entrant during the Promotion Period (except for SA residents). Once this limit is reached, the entrant will no longer be permitted to enter the Promotion.

Win Prizes/Prize: Instant Win Prizes are 1 x Vault Pays-enabled Prepaid Mastercard loaded with $250 AUD per winner (tokenised card stored within a digital wallet).

Total Number of Prizes: Up to 1,312.

Total Prize Pool: Up to AUD$328,000.

Any ancillary costs associated with redeeming the Vault Pays-enabled Prepaid Mastercard are not included. The Vault Pays-enabled Prepaid Mastercard must be activated within 2 months of issue and is valid for 12 months after activation. At expiry of the Vault Pays-enabled Prepaid Mastercard any unused balance will be forfeited. We will not give you notice prior to expiry. Card expiry and balance can be found on your mobile device in your digital wallet. Use and access to the Vault Pays-enabled Prepaid Mastercard is subject to the winners’ respective device capability (device must have the ability to store the Value Pays-enabled Prepaid Mastercard and purchase using Apple Pay, Google Pay or Samsung Pay). Full terms and conditions for access and use are at https://www.vaultps.com.au/terms-conditions/ The Vault Pays-enabled Prepaid Mastercard is issued by EML Payment Solutions Limited (ABN 30 131 436 532) AFSL 404131 pursuant to license by Mastercard See www.vaultps.com.au/terms for terms and conditions. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated

Notification of Winner(s): Entrants will be notified immediately in writing on the App screen whether or not they have won an Instant Win Prize, subject to verification.

Prize Delivery: The Instant Win Prize will be delivered to the winner(s) within twenty-eight (28) days of the Prize Draw by email to the winner’s email address (provided with their entry) and via SMS to the winner’s mobile number (provided with their entry) within ten (10) business days of their entry verification. The winner must then follow the prompts to activate the Vault Pays-enabled Prepaid Mastercard by the specified dates, see full terms www.vaultps.com.au/terms

Prize Draw: During the Promotion Period, winners are determined based on their time of entry during a predetermined 2-second winning moment ("Winning Moment"). Winning Moments are predetermined for each day of the Promotion Period. The first valid entry received during a Winning Moment will win an Instant Win Prize. If no entry is received during a Winning Moment, the prize is not won and the prize for that Winning Moment will not be awarded. There will be 16 Winning Moments predetermined for each day of the Promotion Period, for a total of 1,312 Winning Moments.

Publication of Winner(s): Each winner’s name and State or Territory of residence will be published in the SnackBack App on 20/12/23.

Unclaimed Prize Allocation – Instant Win Prizes:In the event that a winner is unable to be contacted, the Promoter will retain the Instant Win Prize until 11:59pm (Sydney Time) on 15/02/24. Instant Win Prizes that have been won, but not claimed by this date will be forfeited and distributed in accordance with the below requirements An Unclaimed Prize Allocation draw (Redraw) for any unclaimed Instant Win Prizes that have been won during the Promotion Period will take place at 12PM (Sydney time) on 18/02/24 at 51A / 23 Norton Street, Leichhardt NSW 2040 subject to any written directions given by any relevant authority.
All valid entries submitted during the Promotion Period will be submitted into the Redraw. For each unclaimed Instant Win Prize in the Redraw, the winner will be the first valid entry drawn. Instant Win Prize winners in the Redraw, if any, will be notified by telephone and in writing via email within two (2) business days of the Redraw. Winners will have their names published in the SnackBack App from 28/02/24. If there are any unclaimed Instant Win Prizes from the Redraw, each unclaimed Instant Win Prize will be distributed to the next valid entry randomly drawn until all unclaimed Instant Win prizes are awarded.
Any unwon Instant Win Prizes during the Promotion Period will not be awarded in the Unclaimed Prize Allocation draw and are null and void.

TERMS OF ENTRY

These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.

Entry

By entering the Promotion, entrants accept these Terms of Entry.
Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
Entrants may submit up to the Maximum Number of Entries. Entries must be received by the Promoter during the Promotion Period.
The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
Any form of automated entry using any device or software is prohibited and will render an entry invalid.

Prize Draw

The Prize(s) will be awarded to the winner(s) drawn in accordance with the Prize Draw. The decision is final and no correspondence will be entered into.
Each prize winner must, at the Promoter’s request, participate in all 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 and image in promotional material in any medium throughout the world.
Each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
Incomplete entries or indecipherable entries will be invalid and not eligible to win a Prize. 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.
If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.

Prize(s)

The winner(s) will be notified in accordance with the Notification of Winner(s).
The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once the Prize has been issued, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter may require the winner(s) to verify their entry and provide proof of purchase (if applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
No Prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize.
As a condition of accepting the Prize, the winner(s) (and their companion) may be required to sign a release of liability form (provided by the Promoter) in favour of the Promoter and any other parties involved in the Promotion. If a winner does not sign such a release of liability form within the time requested by the Promoter, the winner will forfeit the Prize.
If there are no prize winner/s or winner/s for this Promotion cannot be found this information will be published on the Website.
Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter.

General

The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, pandemic, fraud, technical failure or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written directions from a regulatory authority.
Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants 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’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at https://www.pepsico.com.au/privacy-policy. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at cic@pepsico.com or 1800 025 789.
Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.
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.
In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the complainant/entrant/winner. If the dispute cannot be resolved the Promoter’s decision will be final.