1. Information on how to enter the FedEx® Electronic Trade Documents (ETD) Promotion (‘Promotion’) and the Prize form part of these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. The promoters are Federal Express (Australia) Pty Ltd of 2 Military Road, Matraville, NSW 2036, Australia, and FedEx Express New Zealand of 38 Business Parade South, Highbrook Business Park, Auckland (‘FedEx’).
3. For the purpose of these Terms and Conditions, the following definitions will apply:
‘FedEx® Electronic Trade Documents (ETD)’ is an automated international shipping solution that allows you to submit your trade documents (e.g. a commercial invoice) electronically. ETD reduces paper waste, allows for faster pickup and speeds up the pre-clearance process. It also prevents shipments being delayed at customs.
‘FedEx Account Number’ means the account number the Eligible Entrant holds with FedEx.
‘Eligible Shipment’ means shipments exported from Australia and/or New Zealand during the Promotional Period organised by using the ETD solution between 1 April 2020 and 31 May 2020 and are only applicable to International Priority, International Priority Freight, International Economy and International Economy Freight.
4. Entry to this Promotion is open to the party (‘Eligible Entrant’) which:
4.1 Is an existing FedEx customer who receives an electronic direct mail (email) communication from FedEx inviting entry to this Promotion; and
4.1.1 (If a company) is an Australian registered company or (if a natural person) is an Australian resident and over the age of eighteen (18) years old; or
4.1.2 (If a company) is a New Zealand registered company or (if a natural person) is a New Zealand resident and over the age of eighteen (18) years old; or
4.1.3 If an individual person, residing in either Australia or New Zealand, under the age of eighteen (18) years old, has obtained the prior permission of a parent or guardian over the age of eighteen (18) years old to enter.
4.2 A holder of a cash account is not eligible for this Promotion.
Individuals directly involved in the conduct of this Promotion who are employees of FedEx, or agencies associated with this Promotion, and their immediate families, are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. Eligibility also excludes employees, agents, officers, and representatives of any government department, government owned entity, juristic person funded by any government department, political party or public international organisation, or any candidates for political office.
5. The Promotion commences at 9:00 am (AEDT)/11:00 (NZST) on Wednesday 1 April 2020 and closes at 5:00 pm (AEST)/7:00 pm (NZST) on Sunday 31 May 2020 (‘Promotional Period’).
6. To enter into this Promotion, Eligible Entrants must organise Shipments with FedEx via ETD during the Promotional Period.
7. A Participant who, during the Promotion Period, attains the goal, that is the percentage of Eligible Shipments using ETD (as set out in the Invitation Email) via FedEx Express will receive the specific number of entries into this Promotion.
8. Pooling of consignments from multiple accounts is not permitted and such pooled consignments are not eligible to earn entries in this Promotion.
9. The draw will take place at 4:00 pm (AEST)/ 6:00 pm (NZST) on Tuesday 30 June 2020 at Federal Express Australia Pty Ltd, 201 Coward Street, Mascot, NSW 2020 Australia. The winner will be contacted directly by telephone and email. The winner will be announced on the FedEx Australia website https://www.fedex.com/en-au/home.html by Friday 31 July 2020.
10. There will be one (1) Weber Baby Q (‘Prize’) winner drawn, from entries which have been submitted by Eligible Entrants in accordance with these Terms and Conditions. The first one (1) eligible entry drawn will win the Weber Baby Q. The total RRP value of AUD$339.
11. If the winner resides in New Zealand, the Prize will be sent over to the winner.
12. Any taxes which may be payable as a consequence of a winner receiving a Prize are the sole responsibility of the winner.
13. The judge’s decision is final and no correspondence will be entered into regarding results. The Prizes are not exchangeable, transferable or redeemable in cash or in other products or services. FedEx will only award the Prize following winner’s validation and verification.
14. FedEx reserves the right to redraw in the event of an Eligible Entrant being unable to satisfy these Promotion Terms and Conditions, forfeiting or not claiming a Prize. If the Prize remains unclaimed or forfeited through ineligibility or otherwise (after the draw date mentioned in Paragraph 9), FedEx will conduct a further draw at 4:00 pm (AEST)/ 6:00 pm (NZST) on Monday 13 July 2020 and the winner will be notified in writing and/or by a phone call. If there is a redraw, the winner may also be published on the FedEx Australian website https://www.fedex.com/en-au/home.html on Monday 10 August 2020. No further draws will be undertaken.
15. Eligible Entrants consent to FedEx using the entrant's 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 marketing and publicity purposes.
16. FedEx takes no responsibility for any lost or misdirected Entries, including delays in the delivery of the Entry due to technical disruptions, network congestions or for any other reason. Except for any liability that cannot be excluded by law, FedEx (including its 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 this Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under FedEx’s control); (b) any theft, unauthorised access or third party interference; (c) incorrect details lodged by entrants; (d) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by FedEx) due to any reason beyond the reasonable control of FedEx; (e) any variation in Prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) possession or use of a Prize. In addition, participation in the promotion and/or use of the Prize is entirely at the own risk of the winner and for their own account. FedEx is not liable for any damages, direct and/or indirect, arising from or in any way connected with the Prize.
17. The Prize is awarded in its current state. FedEx is not responsible for any visible or hidden defects in the Prize, or for any damage resulting from delivery (shipping) of the Prize.
18. FedEx reserves the right to vary any Prize or may substitute the Prize for a prize of like or equal value or cancel this Promotion if it is no longer able to run the Promotion due to reasons beyond its control, subject to approval by state authorities. FedEx will not be liable for any losses to any party arising from any variation or cancellation.
19. The terms and conditions of carriage in the applicable FedEx Air Waybill, in effect on the day of any shipment, shall apply to the shipment.
20. The Prize, cannot be exchanged for cash, cash equivalents or any other gifts, goods or services of equal value.
21. In the event of any inconsistency between the Terms and Conditions and any brochure, marketing or promotional material relating to this Promotion, these Terms and Conditions will prevail.
22. FedEx is not responsible for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including (but not limited to) 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.
24. If the Eligible Entrant nominates an employee or officer of the Eligible Entrant to receive a Prize (‘Nominee’) then the Eligible Entrant warrants it has obtained the consent of the Nominee for the purpose of FedEx using the personal information of such Nominee in the same manner as that of the Eligible Entrant as set out in these Terms and Conditions and indemnifies FedEx against all liability, loss and damages suffered by FedEx resulting from a breach of such warranty.
25. Each Eligible Entrant is responsible for ensuring that they have complied with its policies, rules and guidelines (‘Policies’) in relation to receiving ‘prizes’ from its suppliers and the Eligible Entrant warrants that it will be in full compliance of such Policies by accepting the Prize or nominating a Nominee to accept the Prize.
26. This promotion is authorised under NSW Permit No. LTPS/20/41975.