Shop Small ' Win a share of 10 million Points ' Competition
Terms and Conditions
1.Information on how to enter forms part of the terms and conditions. Entry into the competition is deemed acceptance of these terms and conditions.
2. The Promoter is American Express Australia Limited (ABN 92 108 952 085) of 12 Shelley Street Sydney NSW 2000 (“Promoter”).
3. The competition commences at 9am (AEDT) on Tuesday 1 November 2022 and concludes at 11.59pm (AEDT) on Wednesday 30 November 2022 (“Promotion Period”).
4. “Eligible Entrants”:
- must be 18 years of age or over.
- must be residents of Australia.
- must be Primary Account holders of an “Eligible Card”:
- an eligible American Express Business Card including any associated Employee Card(s); or
- an American Express Personal Card including any associated Additional Card(s)
- must be enrolled in an American Express loyalty program. e. must have an account with American Express which is current, not in default and is in good standing.
5. Exclusions: The following are not considered Eligible Entrants:
- American Express Corporate Card Members.
- Business Card Members with spend locked to one supplier.
- Employee Cards of American Express Corporate Card Members.
- American Express Companion Cards.
- American Express Cashback Cards.
- Employees of the Promoter, Facilitator, or Dentsu McGarry Bowen Ltd, including their related entities (“Employees”) and immediate families of Employees, which includes spouse, de facto partner, child, parent, grandparent, grandchild, sibling, or child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner.
How to Enter:
6. To enter, Eligible Entrants must complete the following steps during the Promotion Period:
- Eligible Entrants will be sent a promotional email, from the Promoter, inviting them to enter (“Promotional eDM”). Each Promotional eDM will contain a link which will load an enrolment form at https://acq-au.americanexpress.com/ShopSmall22 . Entrants may also enrol for the Promotion through Amex social channels and/or digital banners. Eligible Entrants must complete and submit the enrolment form to register for the Promotion
- After registering for the Promotion, Eligible Entrants must use their Eligible Card as payment for a purchase of AU$1 or more at any a participating Shop Small business during the Promotion Period (“Eligible Transaction”). Participating Shop Small businesses can be found here. The Promoter will accept only genuine transactions. Any attempt to split what would ordinarily or reasonably be charged as a single purchase into multiple transactions will be deemed invalid and will not result in any entries being awarded in respect to such transactions. For example, any customer that makes multiple transactions in quick succession at a single merchant may have their entries invalidated if the Promoter reasonably believes that such transactions are made as a result of the customer requesting that the store process their purchase via a number of smaller transactions, rather than via a single charge to the Eligible Card. Annual Card Fees, interest, late payments fees and other American Express related fees and charges are not considered Eligible Transactions for the purposes of this promotion.
7. Eligible Entrants may register multiple Eligible Cards into the Competition, and one (1) entry will be awarded per Eligible Transaction on each Eligible Card.
8. By participating, Eligible Entrants agree to these Terms and Conditions and to being contacted by the Promoter for the purposes of this competition. The contact details linked to the Eligible Entrant’s Eligible Card will be used for this purpose
9. Entries must be received during the Promotion Period. Entries made outside the Promotion Period will not be accepted. The time of entry will in each case be the time the Eligible Transaction is processed by the Promoter. To the extent permitted by law, the Promoter accepts no responsibility for any late, lost, or misdirected entries due to technical disruptions, network congestion or for any other reason.
10. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
PRIZE AND DRAW
11. There will be ten (10) prize winners. The first ten valid entries drawn in the draw will each win one million (1,000,000) Qantas Points, Velocity Points or Membership Rewards points (as applicable, according to the points program the entrant has elected for their Eligible Card used to make the winning Eligible Transaction). For the avoidance of doubt, the winner will not receive one million points in each program and can only receive one million points in respect to one program. The Qantas Points, Velocity Points and Membership Rewards points (together “Points”) will be credited to the Eligible Entrant’s relevant loyalty program account within 28 days of successful verification. Each prize is valued at up to the notional value of AU$6,666.70, with the exact value of the prize being dependent on the winner’s loyalty program and how they elect to redeem the Points. Prize values are based upon the maximum value of Membership Rewards points as at 28 April 2022 (inclusive of GST). Note that, ordinarily, neither Qantas Points, Velocity Points nor Membership Rewards Points have a monetary value, and neither can be redeemed for cash. Redemption of the Points is subject to the terms and conditions of the relevant program (Membership Rewards program at https://www.americanexpress.com/en-au/rewards/membership-rewards/terms or Velocity Frequent Flyer at https://experience.velocityfrequentflyer.com/member-support/terms-conditions or Qantas Frequent Flyer program at qantas.com/terms) and availability of the rewards that may be obtained through the relevant program. Any ancillary costs associated with redeeming the prize are not included. Any unused balance of the Points will not be awarded as cash and will be forfeited.
12. The estimate of the maximum notional value of the prize is provided for information purposes only. The maximum notional value of each prize will vary depending on whether and how it is redeemed by a winner through the Qantas Frequent Flyer program, Velocity Frequent Flyer program or Membership Rewards program. The Promoters accepts no responsibility for any variation in the maximum notional value of each prize. For the purposes of trade promotion permits the total prize pool is up to AU$66,667.00.
13. For the avoidance of doubt, each Eligible Transaction made on an Employee Card (for American Express Business Card holders) or Additional Card (for American Express Personal Card holders) under the same Primary Account as the Eligible Entrant will be considered an entry into the draw.
14. T14. The draw will take place at Engage Australia Pty Ltd, 24 Washpool Crescent, Woongarrah NSW 2259, Australia at 2:30pm (AEDT) on Wednesday, 11 January 2023 in the presence of an independent scrutineer. The winners’ initial name, surname, business name (if applicable) and state of residence will be published at https://www.americanexpress.com/au/shop-small/card-memberoffer/competition-winners from Wednesday, 1 February 2023.
15. The winners will be notified in writing via email within seven (7) business days of the draw (“Notification Date”). If you are a Prize winner in this Promotion, our promotions partner, Engage Australia Pty Ltd, will contact you to confirm your details. The email will come from ‘American Express Prize Fulfilment’, and the email address is email@example.com. Following from this, Engage Australia will follow up with a reminder email one week later and a maximum of three phone calls. The winner’s entry will be validated based on:
- the winner is the true Primary Card holder of an Eligible Card;
- the winner’s account is in good standing; and
- the winner is otherwise in compliance with these Terms and Conditions.
16. Once a winning entry is validated, the prize will be applied to the winner’s relevant account, as per clause 11.
17. Only one (1) prize of one (1) million Membership Rewards points, Velocity Points or Qantas Points can be awarded per person. Eligible Entrants cannot win more than once for Eligible Transactions made on multiple registered Eligible Cards. If an Eligible Entrant is drawn as a winner more than once (including multiple Eligible Card entries), there will be a redraw conducted (excluding SA residents).
18.Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at the same address as the original draw on 2.30pm (AEDT) Wednesday 12 April 2023. Original winners have until the unclaimed prize draw date, at 9am AEDT, to claim their prize.
19. The Promoter’s decision is final and the Promoter will not enter into further correspondence.
20. The prize is not transferable or exchangeable and cannot be taken as cash in part and/or in full. If for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be entirely forfeited by the winner. No cash or other compensation will be awarded in lieu of that element of the prize.
21. Prize winner is advised that tax implications may arise from their prize winnings, and they should seek independent financial advice prior to the accepting of the prize.
22. The Promoter reserves the right to request that the winner provides proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity to claim a prize. The suitability and verification of such proof is at the sole discretion of the Promoter. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
23. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the competition, which is fraudulent, misleading, deceptive, or generally damaging to the goodwill or reputation of the competition and/or Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. Errors or 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.
24. To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, payment system, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including but not limited to any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this competition.
25. It is a condition of acceptance of the prize that the winning Eligible Entrant’s Eligible Card account must be current, not in default and in good standing, during the Promotion Period and at the time of notification that they have won.
26. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any written regulatory direction or as required by law.
27. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed, and photographed, filmed and/or chaperoned.
28. In consideration for the Promoter (including its related companies) or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee, payment or other compensation for such use.
29. Should an entrant’s contact details change during the Promotion Period; it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
30. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, technical difficulties or fraud, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions and/or disqualify any Eligible Entrant, subject to any written directions given under State Regulation.
31. To the extent permitted by law, the Promoter is not responsible for any incorrect or inaccurate information, either caused by the website user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
32. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
33. To the extent permitted by law, the Promoter, and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserve the right to take any action that may be available.
34. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees, and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special, or consequential, arising in any way out of the competition.
35. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees, and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
- Transfer PI confidentially to the Promoter’s related companies or organisations that provide services in relation to this competition. This includes transferring PI to the USA or other countries for data processing and servicing.
- Disclose entrants' PI to State and Territory lottery departments.
- Publish winners' names as required under the relevant lottery legislation; and
- Use the winner's PI in any media for publicity purposes associated with the competition without any further payment or other compensation unless the winner otherwise notifies the Promoter at time of accepting the prize.
The Privacy Statement also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible 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.
ACT Permit No. TP 22/00824
SA Permit No. T22/639