EZYMart Trade Incentive Promotion

EZYMart Trade Incentive Promotion – Terms & Conditions

Promoter

BDD AUSTRALIA PTY LTD ABN 68 083 019 390, 737 Bourke Street, Docklands, VIC 3008, Australia. Ph: 1800 677 852.

Promotional Period

Start date: 1 November 2024 at 9:00AM AEDT.
End date: 24 January 2025 at 11:59PM AEDT.

Claim Period

All prize claims must be submitted by no later than 7 March 2025.

Eligible Entrants

Entry is only open to EZYMart convenience stores located in Australia that are EZYMart Platinum members as determined by the Promoter in its absolute discretion (“Eligible Businesses”).  Eligible Businesses will be notified by the Promoter as to whether they are eligible to participate in the Promotion.  Individuals that enter into the Promotion on behalf on an Eligible Business must be aged 18 or over (“Representatives”).

How to Enter

This is a Game of Skill where each entry will be individually judged based on the percentage of growth in the sale of Eligible Products (defined below) during the Promotional Period. Chance plays no part in determining the winning Eligible Businesses.  In the event of a tie between two (2) or more Eligible Businesses, the Promoter will look at the highest percentage growth in a single month during the Promotional Period to determine the winner.

To automatically enter, Eligible Businesses must complete the following steps during the Promotional Period:

• Stock 100% of the Bega and EZYMart agreed “Core Product Range” (“Eligible Products”) during the Promotional Period; and
• Meet one (1) of the growth targets in the table below for the Eligible Products during the Promotional Period which is applicable to the store size of the Eligible Business.

Prizes

All valid entries will be judged by representatives of the Promoter within four (4) weeks after the end of the Promotional Period.  

The best five (5) valid Eligible Businesses with the highest percentage of growth in the sale of Eligible Products during the Promotional Period will each win a $1,000 Mastercard e-gift card.

The next best twenty (20) valid Eligible Businesses showing the next highest percentage of growth in the sale of Eligible Products during the Promotional Period will each win a $250 Mastercard e-gift card.

Any ancillary costs associated with redeeming the Mastercard e-gift card are not included. Any unused balance of the Mastercard e-gift card will not be awarded as cash. Redemption of the Mastercard e-gift card is subject to any terms and conditions of the issuer including those specified on the Mastercard e-gift card and those at https://giftcardstore.com.au/terms/.

Winner Notification

Winning Eligible Businesses will be notified by email and phone and provided with instructions on how to claim their prize, within six (6) weeks of the Promotion closing.

Entries Permitted

Only one (1) entry is permitted per Eligible Business.

Total Prizes

There is a total of twenty-five (25) prizes.

Total Prize Pool

Total prize pool value is $10,000.

General

1. Information on how to enter and the prize(s) form part of these Conditions of Entry. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”) . Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Eligible Business or Representative. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of the winning Eligible Businesses 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.
5. If any winning Eligible Business chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
6. Prizes will be awarded to the Representative of the respective winning Eligible Business.
7. No part of a prize is exchangeable, redeemable for cash or any other prize, or transferable, unless otherwise specified in writing by the Promoter.
8. No entry fee is charged by the Promoter to enter the Promotion.
9. If there is a dispute as to the identity of a Representative or Eligible Business, the Promoter reserves the right, in its sole discretion, to determine the identity of a Representative or Eligible Business.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. If any 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.
12. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winning Eligible Business will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
13. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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) as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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.
14. 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 Conditions of Entry; (e) any tax liability incurred by a Representative or Eligible Business; or (f) use / taking of a prize.
15. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
16. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and Representatives / Eligible Businesses’ details (including their 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 Conditions of Entry, 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.
17. In the event that a winning Eligible Business cannot provide suitable proof as required by the Promoter to validate their entry, the winning Eligible Business will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
18. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. 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 Representative or Eligible Business. If the dispute cannot be resolved the Promoter’s decision will be final.
19. The Representative or Eligible Business will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material for an unlimited period without further reference or compensation to them.
20. The Promoter accepts no responsibility for any tax implications and the Representative or Eligible Business must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
21. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
22. 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 and prize suppliers. 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://begagroup.com.au/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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 Representatives or Eligible Businesses. The Privacy Policy also contains information about how Representatives or Eligible Businesses may opt out, access, update or correct their PI, how Representatives or Eligible Businesses 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.  Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles.  By entering the promotion Representatives or Eligible Businesses consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
23. Any part of these Conditions of Entry which are void or not enforceable by law will be automatically severed from these Conditions of Entry, where possible, to ensure that the remaining provisions of the Conditions of Entry remain in effect. We may vary these Conditions of Entry from time to time as required for compliance with law or for the purposes of correcting any error or omission.
24. These Conditions of Entry will be governed by and must be construed in accordance with the laws of New South Wales, Australia, and each of the relevant State/Territory authorities.  Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and their courts of appeal.