FEDEX CHRISTMAS ACQUIRE AND ACTIVATE 2018 CAMPAIGN : TERMS & CONDITIONS

FEDEX CHRISTMAS ACQUIRE & ACTIVATE CAMPAIGN 2018 (‘CAMPAIGN’)

(a) The promoter is Federal Express (Australia) Pty Ltd of 2 Military Road, Matraville, NSW 2036 (‘FedEx’).
(b) By registering an account with FedEx, you will be deemed to accept these Terms and Conditions.
(c) The Campaign shall commence on 13 November 2018 and will end on midnight AEST 31 December 2018 (‘Campaign Period’).
(d) Enter to this Campaign is open to the party (‘Participant’) which:

(a) is an individual resident of Australia or an Australian registered company; and

(b) successfully registers a new FedEx account on FedEx’s website within the Campaign Period - fedex.com/nz. Non-business customers (personal prospects) must register a FedEx approved credit card (MasterCard, Visa or American Express) during the registration process. (‘Campaign Account’); and

(c) if an individual person, has obtained the prior permission of a parent or guardian over the age of 18 to enter.

(e) Price Match

(a) During the Campaign Period and subject to the eligibility requirements of paragraph 5(c), a Participant who has successfully opened a Campaign Account may submit a competitor invoice to a FedEx Sales Representative and request a FedEx price match in the form of a discount off FedEx standard rates. (‘Promotional Discount’).

(b) Participants may only be considered for a Promotional Discount within the Campaign Period.

(c) In order for the Participants to be eligible for the Promotional Discount, the Participants must present valid evidence that a lower price is available from a competing Australian international courier company for an “equivalent service” to the Applicable Services as reasonably assessed by FedEx, including without limitation equivalent:

i. transit times,
ii. Money back guarantee (MBG),
iii. tracking,
iv. 3 delivery attempts,
v. packaging included,
vi. A$100 insurance cover,
vii. Pick up.

‘Applicable Services’ means FedEx International Priority (IP) or International Economy (IE) services on imports or exports from Australia for shipments 10kg or less (light weight).

(d) The valid evidence of a lower price required by paragraph (c) may only be in the form of:

(f) an advertised price available at any time during the Campaign Period; or
(g) an official invoice raised within the 30 days preceding the date the Participant successfully opened a Campaign Account, but not earlier than the start of the Campaign Period, and must be emailed to the FedEx representative assessing the Participant’s eligibility for the Promotional Discount.

(a) The Promotional Discount will be applied automatically to the Campaign Account effective from the date the Promotional Discount is approved by FedEx for the life of the account. The Promotional Discount will be displayed on the confirmation page of the applicable Campaign Account after approval and cannot be transferred to any other account at any time (ie the Promotional Discount cannot be transferred to another account held by Participant).

(b) Eligible Shipments” must meet all of the following requirements:

(h) shipments must be invoiced to, and settled by, the Campaign Account in order to enjoy the Promotional Discount;
(i) Eligible Shipments is determined based on the number of air waybills. One air waybill equals one shipment and a single airway bill with multiple pieces will be considered as one shipment.
(j) Shipments must be imports to or exports from Australia and either FedEx International Priority (IP) or International Economy (IE) services.

(a) Each Participant may only open one (1) Campaign Account.

(k) General

(a) FedEx accepts no responsibility for any late, lost or misdirected entries including delays in the delivery of the entry due to technical disruptions, network congestion or for any other reason.
(b) FedEx shall not be liable for any loss or damage (including but not limited to indirect or consequential loss) which is suffered by a Participant or other parties in connection with this Campaign, including but not limited to personal injury and tax obligations that may arise from accepting any of the rewards, except for any liability which cannot be excluded by law.
(c) Eligibility excludes the directors, management and employees (and their immediate families) of FedEx, its related entities, printers, suppliers, providers and agencies associated with the Campaign stated herein as well as 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.
(d) FedEx reserves the right to require the Participant(s) to execute a certificate of eligibility prior to awarding the Promotional Discount to the Participant(s), confirming that the Participant is not excluded from entry into this Campaign pursuant to these Terms and Conditions and that the Participant has complied fully with these Terms and Conditions. Truthful completion of this certificate is a precondition to the award of the discount.
(e) By entering this Campaign, unless otherwise advised by the Participant, each Participant consents to the information Participant submits being entered into a database which may be used by FedEx in any media for future promotional and publicity purposes, in accordance with the FedEx privacy policy.
(f) The Participant warrants that any information it provides to FedEx contemplated by clause 5(c) of these terms and conditions and otherwise in respect of this campaign, including without limitation third party information, is not provided in breach of any confidentiality and the Participant has the right or authority to provide this information to FedEx. The Participant indemnifies FedEx for any claim, loss or damage arising as a result of the Participant’s breach of this warranty.
(g) If this Campaign is not capable of running as planned for any reason, including tampering, unauthorized intervention, fraud, technical failures and any other causes beyond the control of FedEx, which corrupt or affect the administration security, fairness, integrity or proper conduct of the promotion, FedEx reserves the right in its sole discretion to cancel, terminate, modify or suspend this Campaign.
(h) In the event of any inconsistency between these Terms and Conditions and any brochure, marketing or promotional material relating to this Campaign, these Terms and Conditions will prevail.
(i) The terms and conditions of carriage in the applicable FedEx Express Air Waybill, in effect on the day of any shipment, shall apply to the shipment. If there is a conflict between the terms of the FedEx Express Air Waybill and these Terms and Conditions, the former will control.
(j) In the event of any discrepancies with respect to this Campaign, the decision of FedEx is final and no other further correspondence will be accepted. FedEx will not be obliged to award the rewards if it is contrary to any applicable laws or regulations.
(k) FedEx reserves the right to amend these Terms and Conditions at any time without notice. Subject to regulatory approval.

(l) Additional Luck Draw offer:

(a) A participant, who pays one eligible shipment (as specified above in 5 (f) via FedEx during the Campaign Period, will enter the lucky draw to win one of the following seven prizes. One shipment will count as one entry to the draw.

a. To be eligible for Lucky Draw entry, participants must not be a FedEx account holder before 13 November 2018, and must pay eligible shipments between 13 November 2018 and 31 December 2018.
b. The draw will take place at 2 Military Road, Matraville, NSW 2036 at 4pm (AEST) on 15 February 2019.
c. The winners of the draw will be contacted directly by telephone and email following the draw and will receive their prizes within one month of the draw date. The winners will be announced on the FedEx Australia website http://www.fedex.com/au/ by 28 February 2019. In the event that any prize is not claimed by 12pm (AEST) on 29 March 2019, FedEx will conduct an unclaimed prize draw at 4pm (AEST) on 29 March 2019, at 2 Military Road, Matraville, NSW 2036 and any winners will be notified accordingly.
d. FedEx reserves the right to replace the reward stated herein with other items of equivalent value without notice. The reward stated herein cannot be exchanged for cash, cash-equivalents or any other gifts, goods or service of value.

Authorised under NSW permit LTPS/18/29435. Promoter is Federal Express (Australia) Pty Ltd, ABN 35 003 100 052, of registered address: 2 Military Road, Matraville, NSW, Australia.