Eat Fresh and Win T & C's

Eat Fresh and Win Promotion - Terms and Conditions

1. Information on how to enter including any information on entry forms and prizes form part of these Terms and Conditions. Entry into this Competition is deemed to be an acceptance of these Terms and Conditions. 
2. The Promoter is Sydney Markets Ltd of 250/318 Parramatta Road, Homebush West NSW 2140, ABN 5107 7119 290. Contactable on (02) 9325 6200 (Promoter). 
3. Entry is only open to students of Participating Primary Schools in NSW (Entrants). The Promoter’s employees and their immediate families, the Promoter’s tenants and occupiers of its markets and the Promoter’s agencies associated with this Competition, are all ineligible to enter this Competition. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Competition. 
4. The Promoter will provide the Competition Pack to each Participating Primary School prior to 9am on Monday 1st August 2022 (Commencement Date). 
5. The Competition commences at 9am AEST on Monday 1st August 2022 and the Competition and entries conclude at 3pm AEST on Friday 16th September 2022 (Promotional Period). participating schools must registr online via freshforkids.com.au by Friday 1st July 2022. 
6. To enter the Competition and the Major Draw, the eligible entrant must, during the Promotional Period: 
   (i) make 2 Qualifying Transactions at any Participating Primary School during the Competition; 
   (ii) provide the completed entry form to their school canteen manager or Supervising Teacher or send the completed entry form directly to the Promoter; and 
   (iii) the school canteen manager, Supervising Teacher or Entrant (as the case may be) must return the completed entry form to the Promoter by 3pm AEST on Friday 16th September 2022 to PO Box 2 Sydney Markets NSW 2129.  
7. Entrants will receive a bonus card code from the canteen every time they submit an entry form (which means they have made two (2) Qualifying Transactions). To enter the Bonus Draw, the entrant must during the Promotional Period, complete and submit the bonus prize entry form online at https://freshforkids.com.au/bonusprize/, includes providing the bonus card code received. 
8. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the school of purchase and that the purchase was made during the Promotional Period but prior to entry. 
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.  
10. Incomplete or incomprehensible entries will be disregarded. 
11. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of submission by the Entrant. 
12. The Promoter may extend the time for, vary or terminate, the Competition at any time in its absolute discretion. Changing, modifying or suspending the Competition is subject to relevant state and territory regulations. 
13. Subject to these Terms and Conditions, each Entrant that provides a completed entry form to his or her school canteen manager or Supervising Teacher (but not those who return the entry form to the Promoter directly) will receive a Minor Prize, while stocks last. The Minor Prize is a Fresh for Kids (FFK)Rubik’s Cube, and are available only until stock runs out. 
14. If any First Prize, Second Prize, Third Prize or Fourth Prize not claimed by Friday 27th January 2023, the winner withdraws, or is withdrawn by their parent or guardian, from the Competition or is found to have breached these Terms and Conditions, such prize will be forfeited and another draw for such prize will be held at 12pm AEST on Monday 30th January 2023 at Level 3, Market Plaza Building, Sydney Markets. The winners of the re-draw will be notified via phone and via email or mail within 14 days of the re-draw and their details published on the Fresh for Kids website – www.freshforkids.com.au – on Friday 3rd February 2023. 
15. All First Prize, Second Prizes, Third Prizes and Fourth Prizes (other than unclaimed or forfeited prizes) will be sent by courier or registered mail by Friday 11th November 2022. 
16. If for any reason a/the winner does not take / redeem a prize (or an element of the prize) at / by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 
17. If a winner is under the age of 18 years, the prize may be awarded to the winner's nominated parent or guardian on the winner’s behalf. 
18. Any ancillary costs associated with redeeming a voucher/pass are not included. Any unused balance of a voucher/pass will not be awarded as cash. Redemption of a voucher/pass is subject to any terms and conditions of the issuer including those specified on the vocher/pass. 
19. The exact contents and specification of these prizes including any substitute prize if any prize becomes unavailable for any reason will be determined by the Promoter in its absolute discretion and will be subject to approval from the appropriate state and territory regulatory authorities. Any prize substitution by the Promoter will be to a prize to the equal value and/or specification of the original prize. 
20. The Promoter accepts no responsibility for any variation in the prize value. Prizes, or any unused portion of the prizes, are not transferable, exchangeable or redeemable for cash or alternative items, unless otherwise specified by the Promoter in writing. 
21. The Promoter accepts no responsibility for late, lost or misdirected entries. 
22. The Promoter shall not be liable for any prize that has been lost, stolen, forged, damaged or tampered with in any way. 
23. The winners accept their prize at his or her risk. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of participating in the Competition, taking any of the prizes or any unclaimed prizes except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter may in its sole discretion require a winner (or their parent/legal guardian, if the winner is under the age of 18), to sign a deed of release and indemnity in a form acceptable to the Promoter prior to awarding the prize to a winner. 
24. In the event of a dispute, the decision of the Promoter is final and binding and no correspondence will be entered into. 
25. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 
26. The Promoter requires the Entrants’ personal information requested in the entry form in order to conduct the Competition, including to process the entries and to contact the relevant Entrants if they win any prizes. All entries become the property of the Promoter. Entrant’s personal information is safeguarded by privacy law. If an Entrant does not have sufficient understanding and maturity to make decisions regarding his or her personal information he or she must obtain the consent of a parent or guardian before completing the entry form. Any Entrant can ask to see any personal information which the Promoter holds. 
27. All prize values and dollar amounts referred to in these Terms and Conditions are in Australian currency. 
28. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 
29. If this Competition 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate. 
30. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 
31. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 
32. The Promoter collects personal information ("PI") in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.sydneymarkets.com.au/privacy-policy.html.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia. 
33. In these Terms and Conditions: Competition means the Fresh for Kids Competition organised by the Promoter; Competition Pack means the Competition pack to be provided by the Promoter in relation to the Competition including entry forms, information booklet, posters, stamps. Fresh means fruit or vegetables that are not frozen, tinned, bottled, dried or processed; Participating Primary School means all schools that have registered with the Promoter prior to the Commencement Date; Qualifying Transaction means the receipt of a stamp by any student of a Participating Primary School: 
    (i) If he or she can show that he or she has purchased from its school canteen food or drinks 
    containing fresh fruit or fresh vegetables; or 
    (ii) if the Participating Primary School does not have a school canteen, if he or she can show that he or she has brought to school food or drinks containing Fresh fruit or Fresh vegetables; Supervising Teacher means the relevant supervising teacher of a Participating Primary School appointed in charge of this Competition, if the Participating Primary School does not have a school canteen manager. 

ACT Permit No. TP21/00927