Trolley 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 “Website”).
2. Promoter & Participating Retailers
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 Promoter”).
2.2 Details of each Participating Retailer (“a Participating Retailer”) are listed at https://www.trolleytracker.com.au/Partners/tabid/56/Default.aspx (“the Participating Retailers”).
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 below, entry is available to any resident 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 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 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 location; or
(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 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.
6.1 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 monthly draw.
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 Package to a Winner.
6.4 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 6.3 is invoked.
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).
(b) The $1,000.00 open order prize is issued by, and is the sole responsibility of, Trolley Tracker™ Trolley Services Australia. Neither Apple Computer Inc. or Google LLC are responsible for the monthly prize.
7.2 For the avoidance of doubt, the Promoter will only offer 1 x $1,000.00 Prize Package 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 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.
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 in the ACT is announced in The Canberra Times 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 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 Package is not claimed within that timeframe, the Promoter reserves the right to donate the Prize Package 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 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.
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 Clause 13.1 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 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 & Indemnity
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 & 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 & 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; or
(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 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 & 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 & Privacy
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 21/02144; 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 required.
23. Licence Number
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 6, 456 Hunter Street, Newcastle 2300 and can be downloaded from www.trolleytracker.com.au.
A.1 ACT, NSW, WA, SA, NT, VIC,TAS & QLD
Duration of the Promotion
The promotion commences at 15 December 2021 and closes on 14 January 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 January 2022.
The promotion commences at 15 January 2022 and closes on 14 February 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 February 2022.
The promotion commences at 15 February 2022 and closes on 14 March 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 March 2022.
The promotion commences at 15 March 2022 and closes on 14 April 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 April 2022.
The promotion commences at 15 April 2022 and closes on 14 May 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 May 2022.
The promotion commences at 15 May 2022 and closes on 14 June 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 June 2022.
The promotion commences at 15 June 2022 and closes on 14 July 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 July 2022.
The promotion commences at 15 July 2022 and closes on 14 August 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 August 2022.
The promotion commences at 15 August 2022 and closes on 14 September 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 September 2022.
The promotion commences at 15 September 2022 and closes on 14 October 2022. The winner draw will be conducted at Level 6, 456 Hunter Street, Newcastle 2300 on 15 October 2022.
Website and Mobile Phone Application
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 6, 456 Hunter Street, Newcastle 2300, 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 & 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 this Agreement.
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.
1.4 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 purposes).
2. Intellectual Property Rights
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.
4.4 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.