0
 
 
 
Terms & Conditions

Summary of Hallmark Cards Terms and Conditions

This is a summary only. Complete terms and conditions are set out below and can be accessed by scrolling down this page. Please note that while our terms may change from time to time, you will always find the most recent version here.

  • Your personal information is protected: Your privacy is important to us and we take great care to protect it. Please see our Privacy Policy for details.
  • You control who sees your photos: The Site is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members you invite have access to your photos.
  • Email communication: Hallmark Cards intends to send and you agree to receive email confirmations regarding orders placed with Hallmark Cards.

Please note that during sale periods like Click Frenzy, delivery may take up to 10 business days.

To read the complete Hallmark Cards Terms and Conditions, please see below.

 

Hallmark Cards Terms and Conditions

Before you enter the Site or use any of the Hallmark Cards services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. Please see the section below entitled "Modification of Terms" for more information. In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control.

By your initial acceptance of the Terms and your continued use of the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Hallmark Cards that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at info@hallmarkcards.com.au. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, you will not be able to access the Site or use the Service.

I. Terms of Use

You must be a Hallmark Cards member and reside in Australia or New Zealand to become a member of the Site ("Site Member") and use the Service. The Service is only available to you if you submit certain requested information to Hallmark Cards, including (but not limited to) your name and a valid Hallmark Cards membership number and a valid email address. In addition, by becoming a Site Member, you agree to provide us with true, accurate, current and complete information about yourself when such information is required for the Services you select.

A condition of being a Site Member is your "Active Participation" in the Service. Active Participation means purchasing photo merchandise (including reprints and enlargements) through the Site at least once every 365 days. If your Site Member account is inactive for more than 365 days, we may terminate your Site Membership (or any part thereof) or use of the Service, and remove and discard any content, including (without limitation) any and all information, communications, postings, albums, image files or any other content within the Service. Please refer to Termination for more terms affecting your Site Membership.

II. Digital Image Storage

As long as you are an active participant in the Site, we offer unlimited storage of your online photos from digital photos that you upload to your account. There is no limit to the number of digital photos you can upload and store.

III. User Conduct

We are committed to ensuring that our Service remains a fun and safe place to order prints and other content. Users are encouraged to use the Service to print creative material, including (without limitation) photographs and if and when available, gifting products. To this end, we require that every user of the Service agrees not to print, digitize, upload or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of content:

  • Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
  • Copyrighted material that is used without the express permission of the owner.
  • Content that violates or encroaches on the rights of others.
  • Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Service.
  • Content that advocates illegal activity.
  • Content that harms minors in any way.
  • Any links or connections to any of the above.

Hallmark Cards (as defined below) have the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Service may be subject to examination from time to time. You acknowledge that although Hallmark Cards do not and will not examine and review all content submitted or transmitted to the Service, Hallmark Cards have the absolute right (but not the obligation) to review, delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all content (whether private or public) that is uploaded on the Site is the sole responsibility of the person who submitted it. In other words, you are responsible for any content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to content you may consider offensive and you take sole responsibility for such exposure. You also acknowledge that Hallmark Cards neither guarantees in any way the accuracy, quality or appropriateness of content available on the Site. In no event shall either Hallmark Cards (including their respective officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Site including (without limitation) errors or omissions in such content and loss or damage incurred as a result of such use of such content.

IV. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.

V. Third Party Software

As a convenience to our users, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

By downloading third party software, you acknowledge and agree that Hallmark Cards does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Hallmark Cards makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Hallmark Cards (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

VI. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

VII. Copyright

What You License to Hallmark Cards

In order for us to transmit your photos to Hallmark Cards (collectively, "Hallmark Cards") for fulfillment, we need the right to make use of all content on the Service (in accordance with and subject to these Terms). Accordingly, as a condition to your use, you hereby grant Hallmark Cards a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Service by you, solely for the purpose of providing the Service. In no event will Hallmark Cards print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, etc.). You remain the owner of all content that you submit to the Service and as a condition to use, you represent and warrant to Hallmark Cards that you are the owner of the copyright to content you submit to the Service or that you have written permission from the copyright owner to submit such content.

Copyright Protection for Content on the Service

All the information, content, image files, software and materials offered by our Service is protected by Canadian and international copyright laws and by other applicable laws. You understand that Hallmark Cards is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Hallmark Cards has the absolute right to exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Hallmark Cards has a process in place to respond to your concerns. Please contact us about the Copyright Infringement.

VIII. Indemnity

You agree to indemnify, defend and hold harmless Hallmark Cards (including its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms or any activity related to your use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service using your personal information.

IX. Limited Warranty

  1. Exclusive Remedy: Any product and service available through the Service is provided on an "as is" and "as available" basis. Your use of the Service is at your own risk. Hallmark Cards warrants only that photographic materials provided shall be returned to you in usable condition. In the event that your print(s) or if and when available, gifting product(s) are damaged, or are of unacceptable quantity or quality, lost or not returned, Hallmark Card's sole obligation, and your sole and exclusive remedy, shall be for Hallmark Cards to either:
    1. refund the full amount of the purchase price of such prints that you have paid for, or
    2. resubmit you order at no extra cost.
  2. Disclaimer: Except for the above express limited warranty, to the extent permitted under applicable law, Hallmark Cards expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Hallmark Cards makes no warranty that:
    1. the Site or Service will be provided in a manner that is uninterrupted, timely, secure, or error free,
    2. the Site or Service are or will be free of viruses or other harmful components, or
    3. the Service, Site or content provided will meet your requirements.

Hallmark Cards makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Site or that are advertised on the Site. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

X. Limitation of Liability

You expressly acknowledge and agree that, to the fullest extent permitted under law, Hallmark Cards will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the Site or the Service, even if you have been advised of the possibility of such damages. This foregoing limitation applies to damages arising from:

  • use or inability to use the Service;
  • cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the Service;
  • unauthorized access to or alteration of your transmissions by third parties;
  • third party content made available to you through the Service or
  • any other matter relating to the Service.

Some provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from province to province.

XI. Termination

You agree and acknowledge that Hallmark Cards, in its sole discretion, may terminate your use of the Service, and remove and discard any content including, but not limited to, any and all information, communications, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:

  • Conduct violating these Terms or other policies or guidelines set forth by Hallmark Cards elsewhere on the Site;
  • Conduct that Hallmark Cards believes is harmful to other users of the Service, Hallmark Cards Members, Hallmark Cards, the business of Hallmark Cards, or other third party information providers;
  • Failure to continue Active Participation; or
  • Conduct that violates the letter or spirit of these Terms.

Further, you agree that Hallmark Cards shall not be liable to you or any third-party for any termination of your access to the Service.

XII. Choice of Law

These Terms shall be governed by and construed in accordance with the laws applicable in Australia and are subject to any applicable laws of Victoria, Australia. The courts located in Victoria, Australia shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. By acceptance of the terms and use of the service you consent to personal jurisdiction and venue by the courts of Victoria, Australia.

XIII. Modification of Terms

You agree that Hallmark Cards reserves the right to amend the Terms at any time, for any reason, with notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Hallmark Cards shall be prospective only, shall be posted on this Site and will require your acceptance in order to continue use of the Service.

XIV. Entire Agreement

These Terms constitute the entire agreement between you and Hallmark Cards and govern your use of the Service, superseding any prior agreements between you and Hallmark Cards. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of Hallmark Cards to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within two (2) years from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action shall be forever barred.

XV. Reporting Violations

You can report abuse of these Terms to info@hallmarkcards.com.au.

Father’s Day 2015 Promotion

Abridged Terms & Conditions

Conditions apply, see hallmarkhelper.com.au/terms-and-conditions. Open to Aust. residents 18+. Starts: 15/8/15. Ends: COB 6/9/15. Draws (1 per participating store) at COB 6/9/15. Each draw will take place at the respective participating store. Prizes (1 per participating store): Kogan TV & DVD player combo valued at $149.90. Promoter: Hallmark Cards Australia Ltd (ABN 85 004 058 646) 10 Caribbean Dr, Scoresby, VIC 3179. Permits: NSW LTPM/15/00541, ACT TP15/06038, SA T15/961.

 
Father’s Day 2015 Promotion
Conditions of entry


Promoter

Hallmark Cards Australia Limited (ABN 85 004 058 646), 10 Caribbean Drive, Scoresby VIC 3179. Phone: (03) 9730 4444.

Entry Restrictions

Open only to Australian residents aged 18 or over except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies or participating stores associated with this competition.

Competition Period

15/08/15 to close of business (local time) on 06/09/15. 

Entry Method

During the Competition Period, entrants must purchase a Hallmark greeting card from the 2015 Hallmark Father’s Day card range (Eligible Purchase) from any participating store (a Store) (excludes online purchases) and either;

  1. Enter in store by receiving an entry form from a Store (subject to entry form stocks remaining in that Store), fully complete the entry form, and place it in the entry box located at that Store; or

  2. Scan your rewards card with Eligible Purchase, only available in selected stores.

Draw Details

There will be up to 444 draws conducted; one per Store.  
The draws will take place at close of business (local time) on 06/09/15 at each Store.

Winner Determination

The first valid entry randomly drawn from all valid entries received for that relevant Store during the Competition Period will win the prize for that Store. 

Prize Details

Each prize is a Kogan 19” TV & DVD combo valued at $149.90 RRP (inc GST).

Store State/Territory Breakdowns

There are in total up to 444 participating Stores, the geographical breakdown of the participating Stores being as follows:
·                              New South Wales: up to 97 participating Stores, total NSW prize pool up to $14,540.30 (inc GST).
·                          Victoria: up to 115 participating Stores, total VIC prize pool up to $17,238.50 (inc GST);
·                          Australian Capital Territory: up to 12 participating Stores, total ACT prize pool up to $1,798.80 (inc GST);
·                          Queensland: up to 94 participating Stores, total QLD prize pool up to $14,090.60 (inc GST);
·                          South Australia: up to 36 participating Stores, total SA prize pool up to $5,396.40 (inc GST);
·                          Western Australia: up to 63 participating Stores, total WA prize pool up to $9,443.70 (inc GST);
·                          Northern Territory: up to 5 participating Stores, total NT prize pool up to $749.50 (inc GST); and
·                          Tasmania: up to 22 participating Stores, total TAS prize pool up to $3,297.80 (inc GST).

Prize Pool

The total prize pool is valued at up to $66,555.60 (inc GST).

Entry Limits

Entrants may enter as many times as they wish, provided that each entry is based on a separate Eligible Purchase and separate entry submission.

Winner Notification

The winners will be notified by phone and in writing within two (2) business days of each draw.

Prize Claim Date and Time

Prizes must be claimed and collected from each Store by close of business (local time) on 07/12/15.

Unclaimed Prize Draw Details

12pm (local time) on 08/12/15 at the same location as original prize draw. 

Unclaimed Prize Draw Winner Notification

Any winner(s) in the Unclaimed Prize Draw/s will be notified by phone and in writing within two (2) business days of the Unclaimed Prize Draw.

Permit Numbers

Authorised under NSW Permit No. LTPM/15/00541, ACT Permit No. TP15/06038 and SA Licence No. T15/961.

 

1                 Information regarding prizes and how to enter forms part of these conditions.  By entering, entrants accept these conditions.

2                 The competition will be conducted in each Store during the Competition Period.

3                 Entries must be received during the Competition Period.  Any entry that is based on a returned Eligible Purchase (except where due to defect of the product) will be deemed invalid.  Failure of an entrant to complete their entry (as per the Entry Method) (without alteration) may, at the Promoter’s discretion, result in an invalid entry (and, at the Promoter’s discretion, in all of the entrant’s entries being invalid).  Entries must be on the original entry form.  

4                 The draws will be conducted at the time, on the date as stated in the Draw Details.  

5                 The prizes are as stated in the Prize Details.

6                 The winners will be notified in accordance with the Winner Notification section of these conditions.

7                 The winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and they consent to the Promoter using their names and images in promotional material.

8                 The Promoter and/or each Store may require the winners to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s and/or Store’s discretion.

9                 If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry in accordance with paragraph 4.

10              The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person (including without limitation a winner) who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate. 

11              The Promoter’s decision is final and no correspondence will be entered into.

12              The prizes are not transferable or exchangeable and cannot be redeemed for cash.  The Promoter accepts no responsibility for any variation in prize value.  If the prize or any element of the prize is unavailable for any reason, the Promoter may substitute for that prize or element of that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant gaming authorities if required.

13              If any prize has not been accepted or claimed in accordance with the Prize Claim Date and Time or if, after making all reasonable attempts, the Promoter cannot contact a drawn winner (or a drawn winner does not contact the Promoter) by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter will instruct the relevant Stores to conduct such further draws in accordance with the Unclaimed Prize Draw Details as are necessary to distribute the relevant prize, subject to any requirements of the relevant gaming authorities.  Any winner(s) in these draws will be notified as stated in the Unclaimed Prize Draw Winner Notification.

14              The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).  Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

15              Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to prizes or be liable for any damage that occurs to prizes whilst displayed on premise at a Store.

16              If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, store closure, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant gaming authorities if required.

17              The Promoter is not liable for any tax implications arising from prize winnings.  Independent financial advice should be sought.  Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

18              All entries will be the property of the Promoter.  The information entrants provide will be used by the Promoter for the purpose of conducting this competition. Entry is conditional on providing this personal information. The Promoter may collect entrants’ personal information (including through its contractors or agents) or disclose entrants’ personal information to its related companies, Stores, contractors and agents to assist in conducting this competition, storing data or communicating with entrants. Those disclosures may include disclosures to organisations in Australia. Entrants’ personal information will not be disclosed overseas. If the entrant has marked the “opt-in” box on the entry form, the entrant consents to the storage of their personal information on the Promoter’s database and the Promoter and Store of Eligible Purchase may use this information for future promotional and marketing purposes regarding their products including contacting the entrant via electronic messaging.  By entering this competition, entrants consent to receiving SMS or email messages from the Promoter.  The Promoter is bound by the Privacy Principles in the Privacy Act 1988 (Cth).  The Promoter’s Privacy Policy, located at www.hallmarkhelper.com.au/privacy-policy, contains information about

(i)               how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and

(ii)              how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint.

 

Keepsakes Competition 2015

Conditions of entry

Promoter

Hallmark Cards Australia Limited (ABN 85 004 058 646), 10 Caribbean Drive, Scoresby VIC 3179. Phone: (03) 9730 4444.

Permit numbers

NSW Permit Number is LTPS/15/04568
ACT Permit Number is TP 15/06258

Entry restrictions

Open only to Australian residents aged 18 or over except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies or participating stores associated with this competition.

Promotional Period

The promotion commences at 9am AEST on 12 July 2015 and ends at 11.59pm AEST on 16 August 2015.

How to Enter

To enter the promotion, entrants will be required to complete all of the following steps during the Promotional Period:

  1. visit the Hallmark Australia Facebook page athttps://www.facebook.com/HallmarkAustralia;

  2. follow the links to the Keepsake Promotional app on the Hallmark Australia Facebook page; 

  3. enter personal details (including first name, last name, address, state, email and phone number) as requested;

  4. select their favourite Keepsakes from the dream list; and

  5. accept the terms and conditions and click submit.

Limitation on entry

Entries are limited to one entry per person.

PRIZES & PRIZE DRAWS

Prizes

The first valid entry randomly drawn from all valid entries received during the Promotional Period will win a $1,000 Target gift card valued at $1,000 including GST.

Maximum Prize Pool

The total maximum prize pool is valued at a maximum of $1,000.

Prize draw time

2pm (AEST) on 19 August 2015.

Prize draw location

Winners will be barrel drawn at Communicado, Level 1, 554 High St, Prahran, VIC 3181.

Winner notification

Winners will be notified by phone and email within 2 business days of the draw date. 
Each winner’s name and State of residence will be published on the Hallmark website (hallmarkhelper.com.au) by 22 August 2015 for a period of 28 days.

Prize Claim Date & Time

Prize must be claimed from the Promoter by 12pm midday (AEST) 19 November 2015.

Unclaimed Prize Draw Details

19 November 2015 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners, if any, will be notified via the phone, email address supplied on their entry form and published on the Hallmark website (hallmarkhelper.com.au).

Additional key terms

 

Entrants are providing their information to the Promoter and not to Facebook.  This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.  Each entrant agrees to completely release Facebook from any and all liability in connection with this Promotion.

Target is not a sponsor of or in any way associated with this Promotion

The Target gift vouchers expire after 2 years from the issue date of 20 August 2015.  Winners must use the gift card balance within that time.  Any unused balance as of that date will be forfeited. For full gift card terms and conditions visit https://www.giftcards.com.au/gift-card-terms-of-use.aspx

 

  1. The information set out above forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. 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 proof of purchase) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
  3. Incomplete, indecipherable or illegible entries will be deemed invalid.
  4. The winning entrant does not need to be present at the draw to claim a Prize. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. Winners of the drawn prize are determined by chance. Skill plays no part in determining the winner.
  5. Prizes will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. 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.
  6. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a Prize by the time stipulated by the Promoter, then that winner’s Prize will be forfeited.
  7. If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  8. The Prize value in these Terms and Conditions are in Australian dollars and include Australian GST where applicable.
  9. The Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless stated otherwise.
  10. Entry and continued participation in the promotion is dependent on entrant’s following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
  11. Printing errors and other quality control matters will not be used as a reason for refusing winning entry.
  12. 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.  All entries become the property of the Promoter.
  13. If this promotion 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 promotion, as appropriate.
  14. No entry fee is charged by the Promoter to enter the Promotion. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.
  15. 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.
  16. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter and any request to access, update or correct any information should be directed to the Promoter. The Promoter will not send, allow to be sent, or assist in the sending of one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act, use or distribute any software designed to harvest email addresses or otherwise breach the Spam Act or the Spam Regulations 2004 (Cth).
  17. The prize is provided to the Promoter by a third party, and is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize(s) at the time they are issued to the winner will prevail over these Terms and Conditions, to the extent of any inconsistency.  The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
  18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
  19. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  20. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  21. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  22. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. Entry is conditional on providing this personal information. The Promoter may collect entrants’ personal information (including through its contractors or agents) or disclose entrants’ personal information to its related companies, stores, contractors and agents to assist in conducting this Promotion, storing data or communicating with entrants. Those disclosures may include disclosures to organisations in Australia. Entrants’ personal information will not be disclosed overseas. If the entrant has marked the “opt-in” box on the entry form, the entrant consents to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotional and marketing purposes regarding their products including contacting the entrant via electronic messaging.  By entering this competition, entrants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988 (Cth).  The Promoter’s Privacy Policy, located at www.hallmarkhelper.com.au/privacy-policy, and contains information about:
    1. how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and
    2. how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint
  23. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter and any request to access, update or correct any information should be directed to the Promoter. The Promoter will not send, allow to be sent, or assist in the sending of one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act, use or distribute any software designed to harvest email addresses or otherwise breach the Spam Act or the Spam Regulations 2004 (Cth).
  24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

Congratulations to is Britt Harradine from South Melbourne, Victoria on winning the $1000 Target Gift Card!
Thank you to all those who entered.