Terms and Conditions

Wounded Heroes Association Inc.

“SUPPORT, SAVE AND WIN” PROMOTION” 2023-2024

1. Information on how to participate and prizes form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents over the age of 18 years of age.
3. Employees and paid contractors (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 stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Promotion commences on 18 August 2023 and ends at 5:00pm AEST on 17 August 2024 (“Promotional Period”).
5. The Promoter is the issuer of a loyalty Support Save and Win program (the Wounded Heroes Association Inc. SSW Program or “Program”), which is a $25 e-voucher that can be redeemed against exclusive product bundles and discounts on selected products, available for purchase by Supporters (defined below) only. To be eligible to enter this Promotion, entrants must, during the Promotional Period, become a supporter of the Program (a “Supporter”) by contributing $25 to the Program team who will be conducting tele sales and who will be in various shopping centres and residential areas throughout Australia at selected times. In becoming a Supporter, entrants must provide their full name, phone number, email and credit card details. Once an entrant participates in the Program, as part of this Promotion, they will receive:
   

   (a)One (1) automatic entry into the prize draw;
   (b) a $25 e-voucher to redeem against exclusive product bundles and discounts available through the Program, as listed at woundedheroesshop.com.au

   For the avoidance of doubt, multiple e-vouchers can be obtained by one (1) entrant. For clarity, if an entrant contributes $100 to the Program, they will receive four (4) e-vouchers and four (4) entries into the prize draw, subject to clause 9.

6. Multiple entries permitted subject to the following: (a) only one (1) entry permitted per $25 contribution; and (b) each entry must be submitted separately and in accordance with entry requirements.
7. Upon becoming a Supporter, entrants will be sent a confirmation email or text message, confirming their participation in the Program and the value of their contribution.
8. Purchase of any discounted products via the Program is subject to the Terms and Conditions of the Program, available at woundedheroesshop.com.au.
9. If the e-voucher is a gift, only the gift recipient will be entered into the prize draw.
10. At the end of the Promotional Period, the Promoter will donate a total of $100,000 to the Wounded Heroes Association Inc., which will be payable by the Promoter to the Wounded Heroes Association Inc.
11. The Promoter reserves the right, at any time, to verify the validity of 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 jeopardize 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.
12. 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.
13. The prize draw will take place at Anisimoff Legal, 3 Amy Place, Wyong NSW 2259 on 19^th of August 2024 at 11am AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winner will be notified by email within two (2) business days of the draw and their names will be published at woundedheroesshop.com.au from 21^st of August 2024.
14. The first valid entry drawn will win $5,000.00 cash, payable via EFT, within twenty-eight (28) days. Winner is responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
15. The Promoter’s decision is final, and no correspondence will be entered into.
16. Total prize pool value is up to $5,000.
17. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
18. If the prize is not won, claimed, taken or redeemed by the time specified by the Promoter and as outlined herein, the prize will be forfeited subject to the unclaimed prize draw.
19. If the prize is not claimed, an unclaimed prize draw may take place on 19^th of November 2024 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by phone and email within two (2) business days of the draw and have their name published on woundedheroesshop.com.au from 21^st of November 2024.
20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a prize 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.
21. Each entrant agrees that by entering into this Promotion, the Promoter and the Promoter’s partner(s), including but not limited to Adflex Marketing Pty Ltd, Loyalty Results Pty Ltd and Wounded Heroes Association Inc., will be permitted to market the Promoter’s and other partner’s products and services to the entrant using the entrant’s entry details.
22. All discounts and offers via the e-voucher available for redemption via the Program are subject to the standard terms and conditions of the providing company. No association with that company is implied by this Promotion.
23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
24. 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, unauthorized 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.
25. Subject to consumer law, should you request a refund, we will assess your request on a case-by-case-basis. In order to request a refund, you will need to either email us at support@woundedheroesshop.com.au or call us during business hours at 1800 318 030 and provide us with a reason as to why you would like a refund. We will, at all times, act reasonably when assessing your refund request.
26. In the event of a force majeure event (including fires, floods, earthquakes, storms and other disturbances caused by the elements, riots, explosions, governmental actions, acts of God, insurrection, pandemic and any other cause which is not within the reasonable control of a Party and not a direct obligation of the Party under these Terms and Conditions), the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority. If the Promoter invokes this clause, the prize will still be awarded by the draw in accordance with the prize draw clause and all voucher redemptions issued will be honoured subject to the terms of issue.
27. 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.
28. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized 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) taking of or use of a prize.
29. The Promoter collects personal information (“PI“) in order to conduct the Promotion 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. Entry 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://www.woundedheroes.org.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter (and its selected partners), 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 the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s PI to any entity outside of Australia.
30. As a condition of accepting the prize, the winner must sign any legal documentation as required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
31. The promoter for this Promotion is Wounded Heroes Association Inc. (ABN 91 644 109 140) of 41 Brisbane Road, Bundamba Qld 4304 and Adflex Marketing Pty Ltd (ABN 35 620 652 271) of Level 2, 75 River Street, Richmond, 3121 (collectively the “Promoter”). For all enquiries, please email support@woundedheroesshop.com.au.
32. If you would like any further information or would like to opt out of further contact please email support@woundedheroesshop.com.au.

ACT Permit No. TP23/ 01355