Retail Fest
Recharge with Lexer Competition
Terms and Conditions

Game of chance

1.  Information on how to enter and prizes form part of these terms and conditions. By participating, entrants agree to be bound by these terms and conditions. Entries must comply with these terms and conditions to be valid. 

2.  The Promoter is Lexer Pty Ltd ABN 59 146 105 320) of 80-86 Inkerman Street, St Kilda, Victoria 3182. To contact the Promoter, please email marketing@lexer.io

Competition Period

3.  The Competition commences at 07:00 on 29 March AEDT and ends at 16:15 AEDT on 30 March 2023 (Competition Period).

4. Entry is open to Australian residents who are attendees of the Retail Fest 2023 conference at the Gold Coast Convention and Exhibition Centre, Gold Coast, QLD, and who are aged 18 years or over (Eligible Entrants). 

5.  Directors, management, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this competition are ineligible to enter.

How to enter

6.  To enter, Eligible Entrants must, during the Competition Period:

  • scan a QR code at the Lexer Coffee Cart at Retail Fest; and 
  • complete the form including full name, email, mobile phone number, company name 

7. A limit of one entry applies per person.

Prize

8.  The prize is a gift voucher valued at AUD$1,000 to shop at any one of the retail brands featured on the promotional banner at Lexer’s Retail Fest Coffee Cart. These include The Iconic, Hairhouse, Cotton On, Harris Scarfe, Saba, Rip Curl, Billabong, Kathmandu, La Manna Melbourne, Elk, Roxy, Sarah & Sebastian, Aquila, Zimmerman, The Upside, Best & Less, Lovisa and Vinomofo.The voucher is valid until the expiry date specified on the gift voucher or by the gift voucher provider. The gift voucher is not transferable or redeemable for cash. The Promoter will not be responsible for any gift voucher that is lost or stolen (Prize).  

9.  All taxes which may be payable as a consequence of receiving the Prize, are the sole responsibility of the Winner. 

10.  The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner accepting and/or using the Prize, except for any liability which cannot be excluded by law. 

11.  The Prize is subject to the terms and conditions of the supplier of the Prize. 

12.  The Promoter is not responsible or liable for any loss, damage or injury suffered by any Winner as arising from, or in connection with the Prize or the conduct of the third party supplier of the Prize.

Draw date and time

13.  All valid entries will be included in the draw. 

14.  The draw will take place at 12:00 on 4 April 2023 at Lexer, 86 Inkerman Street, St Kilda, VIC 3182 (Prize Draw Date). 

15.  The first valid entry drawn will be the winner of the prize (Winner).  

16.  The Prize will be announced and distributed in accordance with clause 17 and clause 18. Winning is not contingent on being present at the draw.

Prize delivery

17. Prizes will be delivered, paid or transferred to the Winner within 28 days after the Prize Draw Date.

Prize substitution

18.  In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.

Winner notification and publication

19.  The Winner will be notified within seven (7) days of the Prize Draw Date.

20.  The Winner will be notified in writing by email or by SMS to the email address or phone number submitted at the time of entry. 

21.  The names of the Winner will be published on the Promoter’s website or social media page for a minimum of 28 days on and from 5 April 2023.

Unclaimed prizes

22.  All Prizes will be distributed during or after the close of the Competition. 

23.  The Promoter will make reasonable efforts to identify and locate the Prize Winner. 

24.  If any Prize remains unclaimed within three months after the Prize Draw Date, an unclaimed Prize draw will be held at the Promoter’s address (80-86 Inkerman Street, St Kilda, Victoria) on 1 August 2023 at 12:00 AEDT (Unclaimed Prize Draw). 

25.  The winners of the Unclaimed Prize Draw will be notified in the same manner as set out in Clause 20. Winner’s names will be published in the same manner as set out in Clause 21. 

26.  The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the Competition.

Use of Eligible Entrant’s personal information

27.  Personal information including the Eligible Entrant’s name, phone number, email and company name will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the Competition, or for promotional and marketing purposes (including for direct marketing) (Purpose). 

28.  By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose and in accordance with the Promoter’s.

29.  Eligible Entrants may access, change or update their personal information by emailing the Promoter on privacy@lexer.io. The Promoter’s Privacy Policy is available for review. The privacy policy contains information about how individuals may access or correct personal information or make a privacy related complaint.

General conditions

30.  The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way. 

31.  Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to the Promoter. 

32.  The Promoter reserves the right to request verification of the Winner’s identity and any other information relevant to entry into or participation in this Competition. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights. 

33.  The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this Competition, has breached any of these terms and conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. 

34.  The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation: 

(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 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 market value to that stated in these terms and conditions; 

(e)  any tax implications; or (f)  the Prize or use of the Prize. 

35.  If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law. 

36.  The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions, subject to any directions from a regulatory authority.