2023 FISH MARKET & SEAFOOD COMPETITION - TERMS AND CONDITIONS

Entry requirements and mechanics

  1. By entering any online Competition promoted by Fruitezy (the “Promoter”), each entrant accepts and agrees to be bound by these terms and conditions.
  2. To enter, entrants must follow the Competition instructions as supplied by the Promoter. A purchase is necessary to enter or to win.
  3. Entrants may enter the Competition as many times as they like provided they follow the entry requirements for each new entry.
  4. The Competition is open to Australian residents only aged 18 years and over.
  5. Entrants will require access to the Internet via a desktop, mobile or tablet device to enter the Competition.
  6. Entries must be received between the dates/times specified by the Promoter. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
  7. By entering the competition, entrants’ consent to receiving weekly email marketing communications from Fruitezy, from which they can unsubscribe at any point in the future.

Competition Mechanic

  1. To make a valid entry, entrants are required to:
    a. Visit the Fruitezy at Sydney Fish Market, Pyrmont and make a purchase or
    b. Order seafood from Fruitezy online at www.fruitezy.com.au
    c. Use the unique shopping docket /Tax invoice number as part of their entry details. The entrants unique shopping docket /Tax invoice number can only be used once to enter.
    c. Scan the QR code displayed or on the competition flyers available at Fruitezy’s new store at Sydney Fish Market, Pyrmont. Fill in all in the required form fields including their unique shopper docker purchase number.
    d. Consent to joining Fruitezy’s mailing list, from which the entrant can unsubscribe at any point in the future.
    e. Click submit to submit the entry.
  2. The Competition will be held over a forty three -day period, from Saturday 5 August at 7am AEDT to Saturday 17 September 2023 at 11.59 pm AEDT (“Promotion Period”).
  3. The Promoter reserves the right to approve or reject any or all entries at their discretion if the terms and conditions are not upheld by the entrant.
  4. If requested, the entrant must be able to provide proof of their Fruitezy purchase.
  5. Illegible, incomprehensible and incomplete entries will be deemed invalid.

Selecting the winner and prize redemption

  1. This is a game of chance. On Sunday 17 September 2023 at 11.59pm AEDT the Competition will close. On Thursday the 21 September. Fruitezy will select two winners by an electronic random draw. The winner will be notified by email that same day.
  2. Fruitezy shall have absolute discretion to verify the winner. Fruitezy’s decision will be shall be final. No correspondence will be entered into in respect of any decision made in connection with this Competition.
  3. On Sunday 17 September at 11.59pm, the Promoter will update the Competition page on the Fruitezy website titled “Competition” to indicate that the Competition has closed. The Promoter will also update the Competition page on the Fruitezy website to announce the winning entrant (the “Winner”). The Winners will also be notified via the email address provided in their entry.
  4. The Promoter will contact the Winners using their supplied contact details. If within 48 hours the Promoter is unable to contact the Winner, then the Promoter acting in its absolute discretion may:
    a. Make further attempts to contact that, Winner; and/or
    b. Withdraw the Prize from that Winner.
  5. If a Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under these Terms and Conditions:
    a. The declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and
    b. The Promoter shall offer that Prize to a new Winner selected at random.
  6. The winners will have their details published on the Fruitezy website, Facebook and Instagram pages between 25 September 2023.

Prize

  1. There is only two Prizes. The total prize pool value is $500. The Prize will be offered as Fruitezy Gift Vouchers to the value of $250 that can be used at any Fruitezy Store or online. All vouchers must be used before 31 July 2024. The winner will be able to collect their prize from their nominated Fruitezy store.
  2. Upon entry, each entrant also releases the Promoter from all liability arising from his/her entry in the Competition and use of the prize. The Prize is not transferrable or exchangeable for cash. Any unused portion of any prize will be forfeited. No responsibility is accepted for any variation in the value of the prize.
  3. The Promoter will not be responsible if the Prize becomes unavailable for reasons beyond the Promoter’s control.
  4. The decision of the Promoter is final, and binding and no correspondence will be entered into regarding the outcome of the competition.

General entry requirements and liability

  1. All entries become the property of the Promoter. Entries may be entered into a database and the Promoter may use the entrants' names and addresses for future promotional, marketing and publicity in various forms by the Promoter, and the entrant consents to such use. Entries may be uploaded on the website and/or social media platforms. All personal details of winning entrants will be stored electronically at the office of the Promoter in relation to this promotion. A request to access, update or correct any information should be directed to the Promoter at info@fruitezy.com.au with the title “Easter Competition”. A copy of the Promoter’s privacy policy in relation to treatment of personal information collected may be obtained by contacting the Promoter.
  2. The Promoter reserves the right to request winners to provide proof of identity, proof of contact number and proof of residency at the nominated delivery address. Identification considered suitable for verification is at the discretion of the Promoter. Failure to comply with this term will disqualify the winner from receiving the prize.
  3. The Promoter shall not be liable for any loss (including, without limitation, indirect or consequential loss), expenses, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with the entrants Competition entry and/or the use of any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Each entrant shall indemnify the Promoter (and their respective directors, officers, employees and agents (each an “indemnified person”) for any loss, liability, cost, damage or expense suffered or incurred by any indemnified person as a result of (i) the entrant breaching any of these terms and conditions; (ii) a warranty given by the entrant proving to be untrue; and (iii) any personal injury arising from or related to any wrongful or negligent act or omission by the entrant in connection with this competition. The entrant’s liability under the indemnity in this clause is reduced proportionately to the extent that the liability is caused or contributed to by the wrongful or negligent act or omission of any indemnified person.
  4. Nothing in these Terms and Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth) 2010, as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia.
  5. If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, technical failures or any other causes beyond the control of the Promoter, the Promoter reserves the right to discontinue the Competition where it will corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion. The Promoter further reserves the right in its sole discretion to disqualify any individual who tampers, engages in fraudulent activity or other unauthorised intervention with the entry process.
  6. 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. Caution: any attempt to cause malicious damage or interference with the normal functioning of the Promoter’s website or the information on the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
  7. Each entrant agrees that the Promoter may publish or cause to be published the winner’s name, Competition entry (photo and text), entry and locality (Suburb and State) in any media as required under the relevant government legislation.
  8. Fruitezy employees (and their immediate families) and agencies associated with this promotion are ineligible to enter.
  9. The Promoter reserves the right to cancel or amend the Competition or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Competition or these Terms and Conditions will be announced by the Promoter through its Facebook account.
  10. By entering the Competition you accept these Terms and Conditions. Failure to comply with any of these Terms and Conditions will result in immediate forfeiture of the prize or disqualification from this competition.
    The Promoter is: FRUITRITE Trading as Fruitezy (ABN 21 100852 506).