Promotional Gift Card Terms & Conditions

1. Participation in this R.M. Williams Gift Card Promotion (Promotion) is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
2. The promoter is ENERAQUE PTY LTD (ABN 81 605 908 549) of 1937 Ipswich Road, Rocklea QLD 4106 (Promoter or Eneraque).
3. The Promotion commences at 12:01AM AEDT on 03/06/2019 and closes for Purchase Orders at 11:59PM AEST on 30/06/2019 (Promotional Period). The Promotional Period may be extended in the sole discretion of the Promoter. Claims received after the Promotional Period will not be accepted.
4. To be eligible for a Gift Card, a customer must:
   1. 1. be an Australian resident aged 18 years of age and over;
      2. execute a valid and binding Purchase Order during the Promotional Period for an amount not less than AU$50,000.00 (Eligible Purchase Order); and
      3. satisfy the other eligibility and claim requirements in these Terms and Conditions below.
5. Limit of one (1) Gift Card applies per Eligible Purchase Order.
6. The Gift Card is redeemable for purchases at R.M. Williams stores in Australia only.
7. The Gift Card can be redeemed online at https://www.rmwilliams.com.au/ (Website).
8. The Gift Card is not redeemable for cash.
9. Purchases in excess of the value of the Gift Card will require payment of the balance.
10. Gift Cards will expire 36 months from the date the Promoter purchases the Gift Card.
11. Any unused balance will not be refunded or credited when the Gift Card expires.
12. Where the cost of the purchase exceeds the available Gift Card balance, the cardholder will be required to make up the difference between the purchase price and the Gift Card balance.
13. The Gift Card is subject to the terms and conditions of R.M. Williams at their complete discretion and the Promoter has no liability or obligation in relation to those terms and conditions. For further details see https://www.rmwilliams.com.au/terms-and-conditions/terms_conditions.html?lang=en_AU#gift%20cards
14. The Promoter takes no responsibility for Gift Cards that are lost or stolen, whether in the course of mailing or after receipt of the Gift Card, and any loss suffered by any Eligible Person as a direct or result of R.M. Williams conduct. The Gift Card cannot be replaced if lost, stolen or damaged.
15. These Terms and Conditions are to be interpreted in accordance with the laws of the State of Queensland and all parties submit to the non-exclusive jurisdiction of the Courts of that State.
16. The Promoter reserves the right to vary or amend these terms and conditions or to extend or cancel the Promotion at any time.

Definitions

1. For the purposes of these Terms and Conditions:

“Eligible Person” means a person who meets all the requirements of clause 4.

“Gift Card” means an R.M. Williams gift card which is credited with a value of AU$250.00.

“Purchase Order” means a purchase order, being the written order, placed with the Promoter by the customer for the provision of Deliverables in accordance with the Promoter’s terms and conditions.

General

(Delivery) The Gift Card may take up to 4 weeks for delivery from finalisation of a valid Purchase Order. It is the Eligible Person’s responsibility to ensure that all the details provided to the Promoter for the Promotion are accurate. In particular, it is the responsibility of the Eligible Person to provide correct and up to date address details to the Promoter. Gift Card delivery must be signed for.

(Privacy) Claims remain the property of the Promoter. Eneraque and its agents collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Validity of claims is conditional on providing this information. Eneraque and its agents may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning a claimant. Claimants acknowledge that the information they provide will be collected by or on behalf of Eneraque and may be disclosed to other group companies and to third parties that help Eneraque deliver its products and services (including suppliers, contractors, dealers, agents and business partners) or as required by law. Claimants should direct any request to access, update or correct information to Eneraque’s Privacy Officer. These Terms and Conditions are deemed to incorporate Eneraque’s privacy policy and by participating in the Promotion, each claimant accepts the terms and conditions of Eneraque’s privacy policy. For further details see https://eneraque.com/privacy-policy/.

(Exclusion of liability) To the fullest extent permitted by law, the Promoter and its related companies, all their agencies and all those entities’ personnel (the Relevant Parties) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with the Promotion including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these terms and conditions is intended to exclude, restrict or modify a person’s rights under the Competition and Consumer Act 2010 (Cth).

(Promoter’s discretion) If, in the opinion of the Promoter, the Promotion is not capable of being conducted as reasonably anticipated for any reason, including but not limited to interference from an Eligible Person or other parties, technical difficulties, acts of God, or fraud, the Promoter reserves the right, in its sole discretion and to the fullest extent permitted by law to either disqualify an Eligible Person, or modify, suspend, terminate or cancel the Promotion as considered appropriate by the Promoter.