COMPETITION TERMS & CONDITIONS
Services Australia Terms and Conditions
Trolley Tracker™ Trade Promotion
1.1 The following Terms and Conditions apply for TROLLEY SERVICES AUSTRALIA -
TROLLEY TRACKER™ COMPETITION ("the Competition") and each promotion
(“the Promotion”) of 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 Level 6, 456 Hunter Street, Newcastle, NSW
2300 and can be downloaded from www.trolleytracker.com.au (the
2. PROMOTER AND
2.1 The promoter is Trolley Services Australia Pty Limited (ACN: 071 578 455)
trading as Trolley Services Australia of Level 6, 456 Hunter Street,
Newcastle,NSW 2300 ("the
2.2 Details of each Participating Retailer (“a Participating Retailer”) are
listed at http://www.trolleytracker.com.au/Partners/tabid/56/Default.aspx (“the
2.3 By agreeing to these terms and conditions, entrants acknowledge having
viewed the list of the Participating Retailers.
3.1 The commencing and closing dates of each promotion are set out in Appendix
A of these Terms and Conditions.
3.2 The duration of each promotion is known as the “Registration Period” for
the relevant Participating Retailer and State.
4.1 Subject to paragraph
4.2 below, entry is only available to residents of Australia.
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 a participating
retailer in any state where that participating retailer operates;
(b) is an employee or a family member of anyone engaged as a contractor of the
(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
or trolleys belonging to a participating retailer where the trolley(s) is/are
located outside the boundaries of the shopping centre and/or car park of the
shopping centre from which the participating retailer trades or is likely to
trade. Multiple trolleys from the same participating retailer at the same
location are treated as one trolley and one entry.
5.3 For the avoidance of doubt, the identity of the relevant participating
retailer 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) or via the mobile phone application known as
Trolley Tracker Mobile.
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 any entry that:
(a) is inaudible, incomplete or incomprehensible; or
(b) contains content that is unlawful, profane, inflammatory, defamatory and/or
damaging to the goodwill or reputation of the Promoter;
(c) fails to comply with clauses 4.1, 4.2 5.2, 5.4 and 5.5;
(d) is from the same entrant (or an entrant from the same household) who has
earlier entered the competition on the same day in relation to the same
(e) is deemed by the Promoter in its sole discretion to be a duplicate report
regardless of whether the reported location is the same or not, and regardless
of whether the report is from the same person/household or not.
5.7 Entrants 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
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.
6.1 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). From time to time in relation to a specific
Promotion’s Registration Period and/or a specific mode of entry (via Promoter’s
free-call, 1800 number (1800 641 497) or via online registration at promoters
website ( www.trolleytracker.com.au) or via mobile phone application known as
Trolley Tracker Mobile.), the Promoter at its sole discretion and without any
formal notice being required may assign one or more additional unique
identification numbers, up to a maximum of three per entry, to each relevant
entrant thereby increasing the number of entries that entrant has in the
6.2 The monthly draw will occur at the places, dates and times set out in
Appendix A of these Terms and Conditions.
6.3 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 to a Winner.
6.4 The Promoter reserves the right to demand the return of the Prize (or any
part of the Prize) or payment of its value to the Promoter if clause 6.3 is
7.1 Each month one winner is drawn, nationally, for the following states :
(a)NSW,ACT, QLD, SA, NT , VIC, TAS & WA
the winner will receive a $1,000.00 open order from the retailer whose trolley
they reported in the winning entry (the Prize).
7.2 For the avoidance of doubt, the Promoter will only offer 1x $1,000.00 Prize
for each month during the Competition.
7.3 The Prize will be valid for a period of three years 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.
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.
8.3 The Prize 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 at the times
stipulated by the Promoter or the Supplier, the Winner will forfeit the Prize.
Cash will not be awarded in lieu of any part of the Prize.
8.5 The Winner must accept the Prize subject to any terms and conditions placed
on it by the Supplier of the Prize.
8.6 If a prize remains unclaimed, despite our best efforts to contact the
Winner, any unclaimed prize will be the subject of a re-draw. Every entrant who
reported a trolley during the month for which a prize remains unclaimed will
have their name re-entered into a random number generator and a new Winner will
be selected. This re-draw for unclaimed prizes, if necessary, will take place
at Level 6 456 Hunter Street, Newcastle NSW 2300
9.1 The 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 is announced in The Canberra Times each
9.3 The name of the monthly winner is
published on the website www.trolleytracker.com.au each month.
10.1 Each monthly Winner must collect the Prize from the premises of the
particular retailer supplying the Prize within three months of the draw date
for ACT winners or within two months of the draw date for winners from all
other states. If the Prize is not claimed within that timeframe, the Promoter
reserves the right to donate the Prize to a registered charity of its 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 identity or
proof of entry validity in order to claim the Prize or any part of it.
10.2 The Promoter may, before authorising the provision of the Prize 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;
(b) sign these Terms and Conditions in a form prescribed by the Promoter.
The Promoter will not be responsible or liable to a Winner if, for any reason
beyond the Promoter's reasonable control, the Prize 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.
Any tax payable as a result of the Prize 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.
13.1 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 Clause13.1 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.
14.1 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
(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
15.1 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.
15.2 Without limiting clause 15.1, all entrants assume all risk for any loss or
damage resulting directly or indirectly from the use or the inability to use
the mobile phone application known as Trolley Tracker Mobile.
16. TAMPERING AND
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
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
or any part of it to the entrant or the Winner whose line dropped out or broke
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
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
(b) 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 or affect the integrity of the competition
or the operation of the competition.
19. TERMINATION OF
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
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.
INFORMATION AND PRIVACY
22.1 The personal information supplied by entrants when entering this
22.2 Entrants may have their details removed from the Promoter's database by
contacting the Promoter or by sending an email to email@example.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.
23. LICENCE NUMBER
Permit No. ACT TP 21/00159; NSW: No separate state permit required;;
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
Additional terms and Conditions apply in relation to the Trolley Tracker
website and Mobile Phone Application. These additional terms and Conditions can
be collected at Level One, 203 Union Street, The Junction NSW 2291 and can be
downloaded from www.trolleytracker.com.au.
A.1 ACT, NSW, WA, SA, NT, VIC,TAS &
Duration of the Promotion
The promotion commences at 15th February 2021
and closes on 14th March 2021. The winner draw will be conducted at Level 6,
456 Hunter Street, Newcastle 2300 on March 15th 2021.
The promotion commences at 15th March 2021 and
closes on 14th April 2021. The winner draw will be conducted at Level 6, 456
Hunter Street, Newcastle 2300 on June 15th
The promotion commences at 15th April 2021 and
closes on 14th May 201. The winner draw will be conducted at Level 6, 456
Hunter Street, Newcastle 2300 on May 15th 2021.
The promotion commences at 15th May 2021 and
closes on 14th June 2021. The winner draw will be conducted at Level 6, 456
Hunter Street, Newcastle 2300 on June 15th 2021.
The promotion commences at 15th June 2021 and
closes on 14th July 2021. The winner draw will be conducted at Level
6, 456 Hunter Street, Newcastle 2300 on July 15th 2021.
The promotion commences at 15th
July 2021 and closes on 14th August 2021. The winner draw will be conducted at Level
6, 456 Hunter Street, Newcastle 2300 on August 15th 2021.
The promotion commences at 15th August 2021
and closes on 14th September 2020. The winner draw will be conducted at Level
6, 456 Hunter Street, Newcastle 2300 on September 15th 2021.
The promotion commences at 15th September 2021
and closes on 14th October 2020. The winner draw will be conducted at Level 6,
456 Hunter Street, Newcastle 2300 on October 15th 2021.
The promotion commences at 15th October 2021
and closes on 14th November 2020. The winner draw will be conducted
at Level 6, 456 Hunter Street, Newcastle 2300 on November 15th 2021.
The promotion commences at 15th November 2020 and closes on 14th December
2021. The winner draw will be conducted at Level 6, 456 Hunter Street,
Newcastle 2300 on December 15th 2021.
Website and Mobile Phone Application
your use of our website [located at www.trolleytracker.com.au
("Site")] and your use of the mobile phone application known as
Trolley Tracker Mobile ("the App") and, as such, these Terms form a
binding contractual agreement ("Agreement") between you (the user of
the Site) and Trolley Services Australia Pty Ltd ACN 071 578 455
For that reason these Terms are important and you
should ensure that you read them carefully and contact TSA with any questions
before you use the Site or the App. You can contact TSA Level One, 203 Union
Street, The Junction NSW 2291, telephone (02) 4926 2755.
By using the Site and the App you acknowledge and
agree that you have had a sufficient chance to read and understand these Terms
and you agree to be bound by them. If you do not agree to these Terms, please
do not use the Site or the App.
1. Licence to use
the Site and the App
1.1 TSA grants you a non-exclusive, world-wide, non-transferable licence to use
the Site and the App in accordance with the terms and conditions set out in
1.2 You may access and use the Site (including any incidental copying that
occurs as part of that use) and the App in the normal manner.
1.3 You must not add any content to the Site or the App:
a) that would cause you or TSA to breach any law, regulation, rule, code or
other legal obligation; b) that is or could reasonably be considered to be
obscene, inappropriate, defamatory, disparaging, indecent, seditious,
offensive, pornographic, threatening, abusive, liable to incite racial hatred,
discriminatory, blasphemous, in breach of confidence or in breach of privacy;
c) that would bring TSA, or the Site or the App, into disrepute; or
d) that infringes the intellectual property or other rights of any person.
1.5 You acknowledge and agree that:
a) TSA retain complete editorial control over the Site and the App and TSA may
alter, amend or cease the operation of the Site or the App at any time in TSA's
sole discretion; and b) the Site and the App will not operate on a continuous
basis, and may be unavailable from time to time (including for maintenance
2.1 Nothing in these Terms constitutes a transfer of any intellectual property
rights. You acknowledge and agree that, as between you and TSA, TSA owns all
intellectual property rights in the Site and the App.
3.1 You represent and warrant to TSA that:
a) you have the legal capacity to agree to and enter into these Terms; and
b) you have complied with clause 1.3 above.
4.1 To the full extent permitted by law, you release TSA and any third parties,
including suppliers and clients, from and indemnify TSA and any third parties,
including suppliers and clients, against, all liability, cost, loss or expense
arising directly or indirectly from loss of data, interruption of business or
any direct, consequential or incidental damages that indirectly or directly
results from the use of or the inability to use the Site or the App.
4.2 To the full extent permitted by law, TSA excludes all representations,
warranties or terms (whether express or implied) other than those expressly set
out in these Terms.
4.3 Whilst we will use our best endeavours to ensure that the content contained
within the Site and the App is accurate, we do not provide any warranties as to
the accuracy of the content contained within the Site or the App. The Site and
the App are provided on an “as is” basis.
4.3 If there exists any legislation which prohibits or restricts the operation
of these Terms, then TSA, to the extent possible, limits its liability in
respect of any claim to (at TSA’s option):
a) in the case of goods:
the replacement of the goods or the supply of equivalent goods; or
the repair of the goods; or
the payment of the cost of replacing the goods or of acquiring equivalent
b) goods; or
the payment of having the goods repaired, and
c) in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
5.1 These Terms terminate automatically if for any reason, TSA ceases to
operate the Site or the App.
5.2 TSA may otherwise terminate these Terms immediately, on notice to you, if
you have breached these Terms in any way.
6.1 You must not assign, sublicense or otherwise deal in any other way with any
of your rights under these Terms.
6.2 If a provision of these Terms is invalid or unenforceable, it is to be read
down or severed to the extent necessary without affecting the validity or
enforceability of the remaining provisions. 6.3 Each party must at its own
expense do everything reasonably necessary to give full effect to this
Agreement and the events contemplated by it.
6.4 This Agreement is governed by the laws of New South Wales and each party
submits to the jurisdiction of the courts of New South Wales.