GIVEAWAY TERMS ADDENDUM
Simonds Plus Pty Ltd
Effective: 18 June 2025
1. Introduction and Incorporation
1.1 This Giveaway Terms Addendum (“Addendum”) supplements and forms an integral part of the Simonds Plus Terms and Conditions and applies specifically to all trade promotions, prize competitions, giveaways, lotteries, and promotional games of chance or skill (“Promotions”) conducted by Simonds Plus Pty Ltd (ABN [insert]).
1.2 To the extent of any inconsistency between the Simonds Plus Terms and this Addendum, the terms of this Addendum shall prevail in respect of all matters related to Promotions.
2. Eligibility Criteria
2.1 Entry into any Promotion is open only to permanent residents of Australia who:
(a) Are aged eighteen (18) years or over at the time of entry; and
(b) Meet all specific eligibility requirements set out in the relevant Promotion announcement, including, where applicable, subscription, referral, or purchase conditions.
2.2 Directors, officers, employees, and immediate family members of Simonds Plus, or its affiliated contractors, partners, or sponsors, are ineligible to enter unless expressly stated in the Promotion-specific rules.
2.3 Simonds Plus reserves the absolute right to request evidence of age, identity, residency, and other eligibility documentation at any time and may disqualify any entrant who fails to provide such documentation within five (5) business days of request.
3. Entry Conditions and Mechanics
3.1 Details of each Promotion, including the entry period, eligibility method, prize pool, draw dates, and number of winners, shall be published on the Platform or via other official Simonds Plus communication channels.
3.2 Entry is deemed to have occurred when Simonds Plus’ systems record a valid entry submission, including sign-up, referral, purchase, or other required action.
3.3 Simonds Plus reserves the right to:
(a) Limit the number of entries per person or household;
(b) Disqualify duplicate, fraudulent, automated, or tampered entries;
(c) Cancel, suspend, or modify the Promotion if fraud, technical failure, or any other factor compromises its integrity or proper conduct.
3.4 Entries are non-transferable, non-refundable, and non-redeemable for cash, credit, or other consideration unless explicitly stated.
4. Game of Chance vs Game of Skill
4.1 Promotions may be conducted as either:
(a) Games of Chance – winners selected by random draw; or
(b) Games of Skill – winners determined based on merit, originality, creativity, or another skill-based criterion.
4.2 Where a Promotion is a Game of Chance, it will be subject to applicable trade promotion lottery permit requirements. Simonds Plus undertakes to obtain permits in all relevant jurisdictions prior to commencement.
5. Trade Promotion Permit Requirements
5.1 Simonds Plus acknowledges and complies with trade promotion licensing requirements in the following jurisdictions:
(a) New South Wales (NSW):
Permit required for Games of Chance. Licensed under the Lotteries and Art Unions Act 1901 (NSW).
Permit to be obtained from the NSW Fair Trading (https://www.fairtrading.nsw.gov.au/).
Permit number to be displayed on promotional materials.
(b) South Australia (SA):
Permit required for Games of Chance exceeding $5,000 prize value.
Administered by the Consumer and Business Services (CBS).
Permit number will be published where required.
(c) Australian Capital Territory (ACT):
Permit required for all Games of Chance.
Administered by ACT Gambling and Racing Commission.
Permit number to be cited in relevant documentation.
(d) Victoria (VIC), Queensland (QLD), Western Australia (WA), Tasmania (TAS), and Northern Territory (NT):
No permit required provided the Promotion complies with the Australian Consumer Law and avoids misleading conduct, misrepresentation, or unfair practices. Simonds Plus agrees to ensure strict compliance in all non-permit jurisdictions.
6. Winner Selection and Prize Notification
6.1 For Games of Chance:
(a) Winners shall be selected by randomised electronic draw conducted at Simonds Plus' registered address or by a qualified third-party promoter.
(b) All draws shall be conducted fairly, transparently, and in accordance with applicable laws and permits.
6.2 For Games of Skill:
(a) Judging shall be conducted by a panel appointed by Simonds Plus;
(b) Entries shall be judged based on criteria stated in the Promotion details;
(c) The decision of the judging panel is final and binding.
6.3 Winners shall be notified via the contact details provided upon entry (email, SMS, phone) within five (5) business days of selection.
6.4 If a winner cannot be contacted or does not claim the prize within fourteen (14) days of notification, Simonds Plus reserves the right to redraw or reallocate the prize.
7. Prizes and Fulfilment
7.1 Prize details, values, and delivery mechanisms shall be published for each Promotion. Simonds Plus reserves the right to:
(a) Substitute a prize with another of equal or greater value where necessary;
(b) Offer cash equivalents only where expressly stated.
7.2 Prizes are awarded “as is” and without warranties of merchantability or fitness for purpose. Simonds Plus makes no guarantees as to third-party product quality, availability, or after-sales support.
7.3 The winner is solely responsible for any taxes, duties, registrations, or other costs arising from the receipt or use of a prize.
8. Publicity and Use of Winner Information
8.1 Entrants consent to Simonds Plus using their name, likeness, testimonial, and any photographs or videos submitted, without compensation, for the purpose of advertising, promoting, and publicising the Promotion and the Company’s services.
8.2 Winners may be published on the Simonds Plus website, email newsletters, and social media platforms, subject to privacy and moderation policies.
9. Privacy and Data Handling
9.1 All personal information collected as part of the Promotion will be handled in accordance with the Simonds Plus Privacy Policy and the Privacy Act 1988 (Cth).
9.2 Simonds Plus shall not sell, rent, or otherwise disclose personal information to unauthorised third parties, except as required to fulfil prize delivery, marketing obligations (with consent), or to comply with legal obligations.
10. Liability Disclaimer and Release
10.1 To the fullest extent permitted by law, Simonds Plus excludes all liability for:
(a) Loss or damage of any kind, including indirect or consequential loss, whether arising from negligence or otherwise;
(b) Delay, cancellation, or disruption to the Promotion caused by Force Majeure events or factors beyond Simonds Plus' reasonable control;
(c) Failure of third-party vendors, delivery partners, or prize providers.
10.2 Entrants participate in Promotions at their own risk and release Simonds Plus from any claims, damages, or liabilities arising from participation or prize usage.
11. General
11.1 These Giveaway Terms are governed by the laws of the State of Victoria, and each party submits to the non-exclusive jurisdiction of the courts of Victoria and any courts of appeal therefrom.
11.2 Simonds Plus reserves the right to modify, suspend, or cancel a Promotion in its sole discretion without prior notice, subject to applicable permit conditions.
11.3 A copy of these Giveaway Terms shall be made available on the Platform for the duration of any active Promotion.
Issued By:
Legal Department, Simonds Plus Pty Ltd
legal@simondsplus.com.au
Level 1, 168 Cremorne Street, Richmond VIC 3121, Australia
Access Denied
IMPORTANT! If you’re a store owner, please make sure you have Customer accounts enabled in your Store Admin, as you have customer based locks set up with EasyLockdown app. Enable Customer Accounts