TERMS AND CONDITIONS
Information about how to enter and the rewards that can be achieved (Rewards) form part of these Terms and Conditions. Entry into Countrywide’s Countrywide Rewards Program (Program) is deemed to be an acceptance of these Terms and Conditions.
The Promoter is Countrywide Australasia Limited, Lachlan Tower, Level 4, 17 – 21 Macquarie Street, Parramatta NSW 2150, PO Box 1431, Parramatta NSW 2124 ABN: 34 068 162 676 ACN: 068 162 676 Ph: 02 8604 2500.
Incremental Marketing Group, PO Box 6511 Baulkham Hills, NSW 2153 Ph: 1300 639 033 Fax: 1300 749 033.
DURATION OF PROGRAM
The Program will commence at 00:01 AEST on 1st August 2016 and conclude at 23:59 AEST on 30th June 2017 (Promotion Period).
ELIGIBILITY FOR PARTICIPATION
Only customers (Customer) of participating Distributors of the Countrywide Food Service network will be eligible for participation in the Program, except for any Customers excluded at the absolute discretion of the Countrywide Distributor’s (Countrywide Distributor) management. Government and contract customers may be subject to exclusion from the Program. Countrywide Distributor’s and their employees’ are not eligible for participation and are not permitted to claim on behalf of Customers. To be included in the program, Countrywide Distributors must supply the Promoter with monthly data. The Promoter accepts no responsibility for late, incomplete or incorrect data or data not provided by individual Countrywide Distributors.
EARNING AWARDS POINTS
To earn Award Points to be used in the Program, Customers must purchase the products featured in the Program brochure received from their local participating Countrywide Distributor during the applicable Promotion Period. For every $50 of participating products purchased during the applicable Promotion Period, the Customer will receive 100 Award Points. From time to time, Customers may have the opportunity to earn bonus Award Points on selected products for a set amount of time, as determined by the Promoter in its absolute discretion (Bonus Points Offer). This will be detailed to Customers via the Program website or via email or other forms of communication and will detail the specific dates when purchases are required to be made and the names of the products included in the Bonus Points Offer. The way a Customer earns Award Points may change from time to time and Customers will be provided with reasonable notice of any such changes. If a Customer returns any products that are deemed products which Customers can earn Award Points under the Program, any points earned for the purchase of those returned products will be deducted and the Customers total Award Points will be adjusted accordingly.
Purchases of products featured in the Program brochure will be assessed on a monthly basis. The total amount of Award Points will be calculated based on the total dollar purchases of participating products. A statement detailing the total amount of Award Points will be available online for the Customer to view in the month following the Customer’s purchases (Award Statement).
Award Points are the unit of currency of the Program. Award Points are not property and do not have any monetary value. Award Points are non-transferable between Customers. Subject to reaching the minimum number of Awards Points required, the Customer may use Award Points to redeem gift cards/vouchers featured in the Program’s rewards section of the Program brochure, distributed to Customers by Countrywide Distributors. The Award Points may be converted to Rewards from 31st July 2017. Customers have until 30th September 2017 to redeem their Rewards. Any unused Award Points after 30th September 2017 will expire and will not be able to be used.
HOW TO CLAIM REWARDS
Customers must earn a minimum of 10,000 Award Points over the duration of the Promotion Period to be eligible to redeem Rewards and must also have achieved the number of Award Points relevant to the selected Rewards. A Customer can only claim Rewards online at www.countrywiderewards.com.au. All goods and/or accounts must be paid for in accordance with the local Countrywide Distributor’s trading terms in order to be eligible to claim Rewards. All redemptions must be made between 31st July 2017 and 30th September 2017. After this date, orders for Rewards will not be processed.
Rewards are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.
Rewards can be redeemed by Customers and may be retained for personal or general business use or awarded to others by that Customer, at their own discretion, on the basis that the person accepting Rewards, does so on behalf of the business and is authorised to do so. Rewards claimed by registered clubs are subject to dispersal in accordance with the laws and regulations applying to registered clubs in each State. Rewards earned through the Program may only be claimed through Program Headquarters. Alternative arrangements of any kind by Customers for the supply of goods will not be accepted or honoured. When redeeming Rewards, Program Headquarters may seek proof of identity and proof of authority in order to complete the redemption process.
The Countrywide Distributor will nominate whether Rewards are despatched directly to the Customer or to the Countrywide Distributor for distribution to the Customer. Rewards will be despatched directly to the Customer by either Program Headquarters or the Countrywide Distributor. Program Headquarters will use its best endeavours to ensure that Rewards are despatched promptly following receipt of order to the nominated delivery address of the Customer. However, where multiple Rewards are ordered, in the interests of efficiency, it may take longer to consolidate orders and despatch the Rewards. Under normal circumstances, Rewards will be delivered within 28 working days of receipt of order. Exceptions may take up to 42 working days, unless notified otherwise. If the Rewards are to be distributed by a Countrywide Distributor, then the Promoter and Headquarters takes no responsibility for those Rewards once they are distributed to the Countrywide Distributor. The Promoter or any of its Countrywide Distributors accept no responsibility for lost or stolen Rewards, lost or misdirected mail or correspondence, expired gift cards/vouchers, Rewards damaged after receipt or Rewards that have been tampered with in any way.
All Rewards items are subject to availability. If, due to reasons beyond the reasonable control of the Promoter, the Promoter cannot provide particular Rewards, the Promoter reserves the right to substitute the Rewards with items of similar value.
Rewards will be offered in the form of gift cards/vouchers, as detailed below. All gift cards/vouchers are subject to the terms and conditions of the individual gift card/voucher issuer. Specific terms and conditions apply to each gift card/voucher, as indicated on the gift card/voucher, including those detailed below, as well as additional terms being available on the issuer’s website. Gift cards/vouchers must be used by the expiry date stated on the voucher and no replacement voucher will be provided if the voucher is not used within the period in which it is valid. (a) Coles Group & Myer Gift Card: conditions and exclusions apply. For full terms and conditions of use, visit giftcards.com.au or phone 1300 304 990; (b) Countrywide Reward Vouchers: may be used for new purchases by the Customer at the participating Countrywide Distributor or may be used for payment of the Customer’s existing account with the participating Countrywide Distributor. Countrywide Reward Vouchers are valid for use during the period from 1st August 2017 until 28th February 2018. Countrywide Reward Vouchers must be used by the expiry date stated on the voucher and no replacement will be provided if not used within the period in which it is valid. Refer to the individual Countrywide Reward Voucher for full terms and conditions of use; (c) Harvey Norman Gift Card: conditions apply see http://www.harveynorman.com.au/gift-cards-terms-and-conditions. Cannot be used for online transactions. (d) Visa prepaid Gift Card: conditions apply see http://www.giftcardplanet.com.au/visa-terms. Must be activated within 3 months from date of issue. Can only be used for purchasing goods or services wherever Visa Prepaid Gift Cards are accepted. Cannot be used to withdraw cash. Card issued by Heritage Bank Limited, ABN 32 087 652 024 AFSL/ACL No 240984, pursuant to a licence from Visa Worldwide Pty. Limited
In the event that a Customer chooses to opt-out of the Program, they are eligible to redeem all Award Points that they have earned up to the time of opting-out, provided that they have earned a minimum of 10,000 Award Points and providing they redeem during the redemption period (31st July 2017 – 30th September 2017). Customers must provide written notice to Program Headquarters should they wish to opt-out of the Program.
COMBINING AWARD POINTS
If a Customer purchases products featured in the program brochure from more than one participating Countrywide Distributor, they may combine their award points in order to redeem Rewards only if they contact Program Headquarters in writing, stating the customer codes and the Award Points they wish to combine and only after the final statement has been issued in July 2017. If a Customer purchases products featured in the Program brochure for multiple businesses from the same Countrywide Distributor, Award Points may be combined in order to redeem Rewards only if they contact Program Headquarters in writing, stating the customer codes and the Award Points that they wish to combine at any time during the Program. All requests for combining Award Points must be made to Program Headquarters prior to 30th August 2017.
To participate, eligible Customers must first register at www.countrywiderewards.com.au. Each eligible Customer is only permitted to register once using their own email address. Once registered, Customers will be issued with a username and password, which they can use to access the Program via the Promoter’s website. Customers are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under a Customer’s password or account.
All intellectual property rights in the Promoter’s website, including design, text, graphics, logos, icons, sound recordings and all software relating to the Promoter’s website belongs to or is licensed by the Promoter. These intellectual property rights are protected by Australian and international laws. Customers may not, in any form or by any means, copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish, post, frame within another website or create derivative works from any part of the Promoter’s website or commercialise any information obtained from any part of the Promoter’s website without the Promoter’s prior written permission or in the case of third party material, from the owner of the intellectual property rights in that material. The Promoter’s website may contain links to other websites. The links are provided for convenience only and may not necessarily remain current or be maintained. The Promoter is not responsible for the content or privacy practices associated with linked websites. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. The Promoter does not warrant and cannot ensure the security of any information which Customers transmit to the Promoter. Accordingly, any information that Customers transmit to the Promoter’s website is transmitted at a Customer’s own risk. If a Customer becomes aware of any problems with the security of the data or the website, they should contact the Promoter immediately. Customers must ensure that their access to the Promoter’s website is not illegal or prohibited by laws which apply to a Customer. Whilst the Promoter has no reason to believe that any information contained on the Promoter’s website is inaccurate, the Promoter does not warrant the accuracy, adequacy or completeness of the information nor does the Promoter undertake to keep the website updated. The information on the website is not and is not intended to be advice. Customers should not act or refrain to act on the basis of any of the material on the Promoter’s website without first satisfying themselves as to the truth or accuracy of all information given. The Promoter does not accept responsibility for loss suffered as a result of reliance by Customers on the accuracy or currency of information contained on the Promoter’s website. Customers must take their own precautions to ensure that the process that they employ for accessing the Promoter’s website does not expose the Customer to the risk of viruses, malicious computer code or other forms of interference which may damage a Customer’s own computer system. For the removal of doubt, the Promoter does not accept responsibility for any interference or damage to a Customer’s own computer system which arises in connection with a Customer’s use of the Promoter’s website or any linked website.
LIMITATION OF LIABILITY
Subject to the paragraphs below, any liability of the Promoter and Countrywide Distributors (including their respective officers, employees and agents) for any loss or damage (including by the negligence of the Promoter and Countrywide Distributors) suffered by a Customer in connection with the Program or use of the Promoter’s website is limited to $100. Subject to the paragraph immediately below, the Promoter and Countrywide Distributors are not liable for any consequential loss, indirect loss, loss of revenues, loss of reputation, loss of profits, loss of bargain, loss of actual or anticipated savings, lost opportunities, including opportunities to enter into arrangements with third parties and loss or corruption of data, suffered or incurred by the Customer in connection with the Program or use of the Promoter’s website.
Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees, as provided under the Competition and Consumer Act 2010 (Cth) or any other legislation that implies a condition or warranty into these terms and conditions in respect of goods or services supplied and the Promoter’s liability for breach of any consumer guarantee, warranty or condition which cannot be excluded by law (Non-Excludable Guarantees). Subject to the operation of the Non-Excludable Guarantees and to the maximum extent permitted by law, the Promoter’s liability is limited, at the option of the Promoter: in the case of services supplied or offered by the Promoter, to the supply of the services again or the payment of the cost of having services supplied again; and in the case of goods supplied or offered by the Promoter, the replacement of the goods or the supply of equivalent goods or the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired.
The Customer is liable for and indemnifies the Promoter from and against all loss or damage (including legal costs) incurred or suffered by the Promoter however caused in connection with any breach of these terms and conditions by the Customer or any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with the products or the Program.
Any liability for Commonwealth, State or other taxes imposed on Rewards received in the Program will be the sole responsibility of Customers and not of the Promoter or any of its Countrywide Distributors. Customers are recommended to seek independent advice regarding taxation implications arising from their acceptance of Rewards. All Rewards gift cards/vouchers are valued inclusive of GST where applicable.
Any decisions relating to the operation of the Program are made by the management of the Promoter, including eligibility of a Customer and shall be final and binding and no correspondence or merits review will be entered into.
TERMINATION AND MODIFICATION
If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Customer from the Program; (b) to modify, suspend, terminate or cancel the Program, as appropriate; or (c) to amend these Terms and Conditions, as appropriate.
ELIGIBILITY OR CANCELLATION
The eligibility of a person participating in the Program as a Customer is at the discretion of the Promoter and may be subject to verification by the Promoter or by the Countrywide Distributor acting as the service point for the Customer. Any irregularities or discrepancies found relating to the Customer’s eligibility may result in the Customer being excluded from the Program and Award Points being cancelled.
The failure of Customers to stay within their Countrywide Distributor’s terms of trade could result in their disqualification from the Program.
CUSTOMERS INFORMATION AND PRIVACY
If any provision of these Terms and Conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, then the provision will so far as possible be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or part of it will be deemed to be void and severable and the remaining provisions of these Terms and Conditions will not be affected or impaired in any way.
These Terms and Conditions constitute the entire agreement between the Promoter, its Countrywide Distributors and Customers with regards to the Program.
These Terms and Conditions are governed by the laws of New South Wales.