Trolley Tracker™

Trolley Services Australia Terms and Conditions
Trolley Tracker™ Promotion

1. INTRODUCTION

1.1 The following Terms and Conditions apply for TROLLEY SERVICES AUSTRALIA - TROLLEY TRACKER™ COMPETITION ("the Competition"). By submitting an entry into the Competition, all entrants agree to these Terms and Conditions.

1.2 These Terms and Conditions can be collected at and can be downloaded from Level One, 45 Hunter Street, Newcastle NSW 2300 and can be downloaded from www.trolleytracker.com.au ( the "Website").

2. PROMOTER

The promoter is Trolley Services Australia Pty Limited (ACN: 071 578 455) trading as Trolley Services Australia of Level One, 45 Hunter Street, Newcastle NSW 2300 ("the Promoter").

3. DURATION

3.1 NSW, ACT

The promotion commences on 15 February 2010 and closes on 14 March 2010.
The promotion commences on 15 March 2010 and closes on 14 April 2010.
The promotion commences on 15 April 2010 and closes on 14 May 2010.
The promotion commences on 15 May 2010 and closes on 14 June 2010.
The promotion commences on 15 June 2010 and closes on 14 July 2010.
The promotion commences on 15 July 2010 and closes on 14 August 2010.
The promotion commences on 15 August 2010 and closes on 14 September 2010.
The promotion commences on 15 September 2010 and closes on 14 October 2010.
The promotion commences on 15 October 2010 and closes on 14 November 2010.
The promotion commences on 15 November 2010 and closes on 14 December 2010.

3.2 QLD

3.3 SA

3.4 NT

3.5 VIC

3.6 TAS

3.7 WA

3.8 Each known as the 'Registration Period' for the relevant retailer and State.

4. ELIGIBILITY

4.1 Subject to paragraph 4.2 below, entry is available to any permanent resident of Australia over the age of 18.

4.2 A person must not enter the Competition and/or in any event will be ineligible to participate in the Competition if that person:

(a) is an employee or a family member of an employee of the participating retailers in each state;
(b) is an employee or a family member of anyone engaged as a contractor of the Promoter;
(c) is an employee or a family member of the Promoter;
(d) entered on another persons' behalf;
(e) entered using a false or another person's name; or
(f) fails to have his or her entry accepted by the Promoter under clause 5.6.

5. METHOD OF ENTRY

5.1 The Promoter will invite members of the public to enter the Competition during the Registration Period ('Entrants').

5.2 In order to enter the Competition, Entrants must report a shopping trolley belonging to:

(a) In New South Wales and the ACT - Woolworths, Big W, Franklins, Kmart, Dan Murphy's or Target;
(b) In Queensland - Woolworths, Big W, Dan Murphy's or Target;
(c) In South Australia - Woolworths, Big W, Dan Murphy's or Target;
(d) In the Northern Territory - Woolworths, Big W, Target, Dan Murphy's or Kmart (Darwin only);
(e) In Victoria - Woolworths, Safeway, Big W, Dan Murphy's or Target;
(f) In Tasmania - Woolworths, Big W or Target;
(g) In Western Australia - Woolworths, Big W, Dan Murphy's or Target.

that is located outside the boundaries of the shopping centre and/or car park of the shopping centre from which the owner of the trolley trades or is likely to trade.

5.3 For the avoidance of doubt, the likely owner of each trolley can be found by reference to signage on the handle and on other parts of each trolley.

5.4 Entrants can report 'lost' shopping trolleys in accordance with clause 5.2 above via the Promoter's free-call (except from mobile phones) 1800 number (1800 641 497) or via online registration at the Promoter's website (www.trolleytracker.com.au).

5.5 Entrants are taken to have entered the Competition for their particular State by leaving their name and their telephone number or their email address when reporting a 'lost' trolley in the manner referred to in clause 5.4 above, during a Registration Period.

5.6 The Promoter will not accept entries that:

(a) are inaudible, incomplete or incomprehensible; or

(b) contain content that is unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of the Promoter; or

(c) fail to comply with clauses 5.2, 5.4 and 5.5.

5.7 Entrant's are solely responsible for notifying the Promoter of any change to their contact details. A request to access or modify any information provided via telephone or in the online registration form should be directed to the Promoter.

5.8 The Promoter accepts no responsibility for any late, lost (by either the Entrant or the Promoter or its staff) or misdirected entries. This includes (but is not limited to) electronic messages not received by the Promoter due to technical disruptions, network congestion or any other reason.

6. DRAW

6.1 Each Entrant will be assigned a unique identification number. Each number is entered into a random number generator. Each month, the random number generator will draw an Entrant as the winner of the Competition for that month, in each State (the Winners). Each Entrant to report a trolley using a unique reporting form on the Trolley Tracker website will be given two unique identification numbers that will be entered into the monthly draw.

6.2 The monthly draw will occur at the following places, dates and times:

6.3 NSW, ACT

The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 March 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 April 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 May 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 June 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 July 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 August 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 September 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 October 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 November 2010 at 10.00am.
The draw for the winner will be conducted at Suite 1D Level 1 45 Hunter St Newcastle on 15 December 2010 at 10.00am.

6.4 QLD

6.5 SA

6.6 NT

6.7 VIC

6.8 TAS

6.9 WA

6.10 All Entrants acknowledge that the Promoter may rely on clause 4.2 after the Promoter has awarded or announced, or appeared to have awarded or announced, the Prize Package to a Winner.

6.11 The Promoter reserves the right to demand the return of the Prize Package (or any part of the Prize Package) or payment of its value to the Promoter if clause 6.10 is invoked.

7. PRIZE

7.1 Each monthly Winner for:

(a) NSW & ACT (drawn together, no separate winners for each jurisdiction);
(b) Queensland;
(c) Victoria & Tasmania (drawn together, no separate winners for each jurisdiction);
(d) South Australia & Northern Territories (drawn together, no separate winners for each jurisdiction); and
(e) Western Australia,

will receive a $1,000.00 open order from the retailer whose trolley they reported in the winning entry (the Prize Package).

7.2 For the avoidance of doubt, the Promoter will only offer 5 x $1,000.00 Prize Packages for each month during the Competition.

7.3 The Prize package will be valid for a period of 12 months from the date that the Winner is drawn.

8. PRIZE CONDITIONS

8.1 The Promoter does not warrant the merchantability, suitability or fitness for purpose of any goods or services in the Prize Package.

8.2 The Promoter will not reimburse the Winner or the Winner's guests for any costs or expense arising out of in connection with participation in the Competition and the Prize Package.

8.3 The Prize Package and any part of it is:

(a) non-transferable , non-exchangeable and subject to availability;
(b) must be used on the dates specified in these Terms and Conditions or by the Promoter and/or the Supplier;
(c) non replaceable if stolen or lost; and
(d) not redeemable for cash.

8.4 In the event a Winner does not use any part of the Prize Package at the times stipulated by the Promoter or the Supplier, the Winner will forfeit the Prize Package. Cash will not be awarded in lieu of any part of the Prize Package.

8.5 The Winner must accept the Prize Package subject to any terms and conditions placed on it by the Supplier of the Prize Package.

9. NOTIFICATION

9.1 Each Winner is notified by telephone or email as soon as is practical after the draw. Posters are displayed in all participating stores naming the winner for the previous month.
9.2 The name of the monthly Winner in the ACT is announced in The Canberra Times each month.
9.3 The name of the monthly Winner in SA is announced in The Adelaide Advertiser each month.

10. PRIZE COLLECTION

10.1 Each monthly Winner must collect the Prize Package from the premises of the particular retailer supplying the Prize Package within two months of the draw date. If the Prize Package is not claimed within that timeframe, the Promoter reserves the right to donate the Prize Package to a registered charity of it's choice, or to re-draw that Prize (in the Promoter's absolute sole discretion). The Promoter or the retailer may require the Winner to provide proof of indentify or proof of entry validity in order to claim the Prize Package or any part of it.

10.2 The Promoter may, before authorising the provision of the Prize Package to a Winner, require the Winner to:

(a) execute a Deed of Release and Indemnity in a form prescribed by the Promoter in order to participate further in the Competition and/or redeem the Prize Package; and
(b) sign these Terms and Conditions in a form prescribed by the Promoter.

11. PRIZE AVAILABILITY

The Promoter will not be responsible or liable to a Winner if, for any reason beyond the Promoter's reasonable control, the Prize Package or any part of it is not provided. The Promoter may, subject to State regulations, provide a substitute prize of equivalent value at the Promoter's sole discretion.

12. TAXES

Any tax payable as a result of the Prize Package or any part of it being awarded or received will be the responsibility of the Winner. The Winner should seek independent financial advice prior to accepting a prize if this is a concern.

13. PUBLICITY MATERIALS

13.1 All entrants acknowledge and agree that:

(a) it is a condition of entry that the Promoter may publicise the names, characters, likenesses or voices of any entrant for any promotion or matter incidental to the Competition;

(b) the Promoter may broadcast the Entrant's entry;

(c) the Promoter may broadcast any conversations (telephone or other) between the Entrant and the Promoter;

(d) Entrants may be required to participate in photo, recording, video or filming activities ("Publicity Material");

(e) the Promoter may use any Publicity Material in any medium (which includes but is not limited to the internet) and in any reasonable manner the Promoter sees fit; and

(f) the Promoter may provide Publicity Material to a Supplier or retailer for the purposes of promotion or marketing.

13.2 Clause14.1 will not apply if, at the time of entry, the entrant advises the Promoter that s/he wants to remain anonymous or limit the use of the Publicity Materials in respect of that entrant.

14. COPYRIGHT

4.2 By entering the Competition, all Entrants:

(a) assign to the Promoter all rights including present and future copyright in their entry and the Publicity Materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;

(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;

(c) undertake to the Promoter that their entry is not in breach of any third party intellectual property rights.

15. RELEASE AND INDEMNITY

To the extent permitted by law, all entrants release from, and indemnify the Promoter against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the Competition including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

16. TAMPERING AND OTHER MATTERS

16.1 In the event the Promoter is unable to run the Competition as a result of any technical failures, unauthorised intervention, computer virus, telephone or communication failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition (the Trigger Event), the Promoter may (to the extent permitted by law):

(a) disqualify any individual who (whether directly or indirectly) causes or contributes to a Trigger Event; or

(b) cancel, terminate, modify or suspend the Competition.

16.2 The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly is prohibited.

17. LINE DROP OUT AND INABILITY TO CONTACT

17.1 If, during a telephone call related to participation or entry in the Competition (including notification to the Winner), the telephone line drops out or breaks up the Promoter may proceed to drawing an alternate Winner. In such event, the Promoter will not be responsible for the awarding of the Prize Package or any part of it to the entrant or the Winner whose line dropped out or broke up.

17.2 If the Promoter is unable to contact an Entrant or Winner within one month of the prize draw, then the entrant or Winner will be disqualified and a replacement will be selected by the Promoter.

18. EXCLUSION OF PARTICIPANTS

The Promoter reserves the right to exclude (at the Promoter's sole discretion) any person from entering or participating in the Competition for any reason, including but not limited to:

(a) The Promoter's belief that a person may have deliberately removed a trolley from premises of the owner of that trolley in order to report it and enter the Competition;
(b) that person's medical condition or history; or
(c) the preservation of the safety of the Promoter's staff members or any other person or because the Promoter deems that the behaviour of a person may bring the Promoter's brand into disrepute.

19. TERMINATION OF COMPETITION

To the extent permitted by law, the Promoter may vary these Terms and Conditions or terminate this Competition. The Promoter will not award the Prize or any part of it if the Competition is terminated.

20. DECISIONS FINAL

All decisions and actions regarding the Competition and the Prize will be made by the Promoter and at the Promoters absolute discretion. All decisions of the Promoter are final and will not be subject to review.

21. FAILURE TO ENFORCE TERMS AND CONDITIONS

A failure by the Promoter to enforce any one of these Terms and Conditions will not give rise to a waiver of the Promoter's rights to enforce that term or condition.

22. PERSONAL INFORMATION AND PRIVACY

22.1 The personal information supplied by entrants when entering this Competition will be used by the Promoter in accordance with its Privacy Policy. The Privacy Policy can be found on the www.trolleytracker.com.au.

22.2 Entrants may have their details removed from the Promoter's database by contacting the Promoter or by sending an email to info@trolleytracker.com .If details are removed prior to the conclusion of the Competition and/or award of prize(s), Entrants will forfeit their right to claim the Prize Package.

23. LICENCE NUMBER

ACT TP 10/00491.1; NSW: Authorised under NSW Permit No LTPS/10/01311; QLD: No separate state permit required; NT: No separate state permit required; SA: No separate state permit required; VIC: No separate state permit required; TAS: No separate state permit required and WA: No separate state permit required