Terms & Conditions

Smith's and Pepsi Secret Santa Promotion

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to Australian residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter, Variety - The Children’s Charity, Asahi Beverages, participating retailers and agencies associated with this promotion 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 1st cousin.
  1. Entries into the promotion open on 17/11/21 and close at 11:59pm AEDT on 31/12/21 (“Promotional Period”).
  1. To be eligible to enter, individuals must purchase any eligible Smith’s or Pepsi product (as defined below) from any Woolworths store nationally (including Woolworths Online and Woolworths Metro, but excluding Woolworths service station stores), during the Promotional Period.  “Eligible Products” include:
  • All 60g, 90g, 130g, 150g, 170g, 175g, 380g products from the following product ranges:
    • Smith's Crinkle Cut Potato Chips
    • Smith’s Thinly Cut Potato Chips
    • Smith’s Oven Baked Potato Chips
    • Smith’s Poppables Potato Snacks
    • Smith’s Multipacks
  • All 375ml x 10 pack cans, 200ml x 6 pack, 375ml x 24 pack, 30 x 375ml, 1.25ltr, 2ltr, 4 pack x 300ml bottle, 600ml bottle products from the following product ranges:
    • Pepsi Max
    • Pepsi
    • Pepsi Light
    • Pepsi Mango
    • Pepsi Creaming Soda
    • Pepsi Caffeine Free
    • Pepsi Max Vanilla
  1. To enter, individuals must complete the following during the Promotional Period:
  1. Visit www.secretsantapromo.com.au and follow the prompts to the promotion entry page;
  2. input the requested details (including full name, contact phone number, email address, postcode and state);
  3. upload a copy of their purchase receipt;
  4. submit the fully completed entry form in accordance with the terms and conditions and then;
  5. play the Secret Santa online game to reveal if you are an instant winner.
  1. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Eligible Product; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of five (5) entries per person per day is permitted.
  1. Limit of three (3) prize wins per entrant, excluding SA residents.
  1. Winners of a prize valued at $500 or more may be asked to produce a physical copy of their purchase receipt(s) as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of entry and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  1. Incomplete or indecipherable entries will be deemed invalid. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  1. Total prize pool value is up to AU$500,100.00.
  1. Instant win prizes: up to 32,048 Woolworths Store e-Gift Cards, broken down as follows:
  • 25,000 e-Gift Cards valued at AU$10.00;
  • 5,000 e-Gift Cards valued at AU$20.00;
  • 1,500 e-Gift Cards valued at AU$50.00;
  • 501 e-Gift Cards valued at AU$100.00;
  • 44 e-Gift Cards valued at AU$500.00; and
  • 3 e-Gift Cards valued at AU$1,000.00;

In the event that any of the $500.00 e-Gift Cards or $1,000.00 e-Gift Cards are not won as instant prizes, they will be awarded via the 2nd chance draw.  All other instant win prizes not won will be null and void.

  1. The 2nd chance draw for any unwon $500.00 e-Gift Cards or $1,000.00 e-Gift Cards will take place at Greeneagle Distribution & Fulfilment, Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212 on 10/01/22 at 12pm (noon) AEDT.
  1. The first number of valid entries drawn corresponding to available prizes (drawn in descending order of prize value) will win the 2nd chance draw prizes.  The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The Promoter’s decision is final and no correspondence will be entered into.
  1. Instant winners will be notified immediately online and by email upon entry submission.  and winners of a prize over $250 and all ACT-resident winners will be published on www.secretsantapromo.com.au on 10/01/22.  2nd Chance draw winners will be notified by email within two (2) business days of the draw and their names will be published on www.secretsantapromo.com.au on 12/01/22.
  1. For each prize that is won and approved as a valid entry, the Promoter will donate funds to Variety - The Children’s Charity (Australian Charity Number CFN22888) equal to the value of the prize that is won, up to a total donation of AU$500,100.00.  Donation will be made as a single lump sum bank transfer at the end of the promotion. Variety – the Children’s Charity helps children and their families with financial support for things like wheelchairs, specialist equipment, therapy, and medical supplies, when they can’t afford it, and when government assistance isn’t available.
  1. Any ancillary costs associated with redeeming the Woolworths Store e-Gift Cards are not included. Any unused balance of the Woolworths Store e-Gift Cards will not be awarded as cash. Redemption of the Woolworths Store e-Gift Cards is subject to any terms and conditions of the issuer including those specified on the Woolworths Store e-Gift Cards. Woolworths Group Ltd ABN 88 000 014 675 is the issuer of the Woolworths Store e-Gift Card, but is not the promoter of the offer, nor responsible for fulfilment of the offer terms. Woolworths Store e-Gift Cards have no expiry date and are redeemable at participating stores only.

For a list of participating stores and full e-Gift Card Terms and Conditions visit woolworths.com.au/giftcard/termsandconditions.

  1. Subject to the unclaimed prize draw, if for any reason a winner does not take or redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  1. A draw for any won but unclaimed prizes may take place on 11/04/22 at the same time and place as the 2nd chance draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw and winners of a prize over $250 and all ACT-resident winners will be published on www.secretsantapromo.com.au on 13/04/22.
  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  1. Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. Quality control errors will not invalidate an otherwise valid prize claim.  Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
  1. 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 2010 (Cth), as well as any other implied warranties under the ASIC Act 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 promotion.
  1. 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.
  1. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.pepsico.com.au/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. You may contact the privacy officer at consumer.cic@pepsico.com or 1800 025 789 for queries and complaints. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles.  By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard. 
  1. The Promoter is The Smith’s Snackfood Company (ABN 31 057 976 940) of Tower A, L4, 799 Pacific Hwy, Chatswood NSW 2067, telephone 1800 244 054.

NSW Authority No. TP/00653. ACT Permit No. TP21/01056. SA Permit No. T21/961