Automatic electronic entry to selected Program prize draws is a key benefit of the Program for shoppers who scan their card at their participating local store during the relevant promotion period and otherwise meet the eligibility requirements of the Promotion.

Details of current promotions, including the prize, any eligibility requirements (such as qualifying spend) and the specific terms and conditions of the Promotion will be available on the Site during the relevant promotion period and will be emailed to you prior to commencement of the promotion. You agree that if you scan your Card during the relevant promotion period and otherwise meet the promotion eligibility requirements, you will automatically be entered into the promotion. Promotions are subject to the following general terms and conditions, as well as any promotion-specific terms and conditions (which will prevail if there is any inconsistency):

1. The Promoter is Tony & Marks, unless otherwise stated.
2. The Promotion commences and ends on the dates specified by the Promoter. Details of when, where and how the draw will take place, prizes and other promotion-specific details (e.g. eligibility requirements) will also be specified by the promoter.
3. Entries are deemed to be received at the time your card is swiped in connection with a qualifying transaction at your store. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
4. Information on how to enter and prizes notified to you by the promoter, including additional promotion terms and conditions notified to you via email and/or on the site, form part of the promotion conditions.
5. Entry is open to residents of South Australia, unless otherwise stated. Employees (and the immediate family members) of agencies/companies directly associated with conducting the promotion, of the participating Tony & Mark’s, the promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” 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.
6. To be eligible for entry into the promotion, entrants must, during the relevant promotional period:
   a. Be a registered and subscribed member of the program; and
   b. Present their card when making a qualifying transaction at their Tony & Mark’s store. (Please note that certain products, as described in the promotion-specific terms, will not be taken into account in calculating any qualifying spend for promotion purposes).
7. Members receive one entry per every $20 spend (or as otherwise provided in the promotion-specific terms and conditions).
8. Each winner will be notified using the email address or phone number linked to their membership account.
9. Prizes are not variable or transferable. Prizes are not redeemable for cash. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the promoter is not obliged to substitute the prize.
10. The Promoter’s decision is final and binding – 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.
11. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these general promotional terms and conditions or any promotion-specific terms restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
12. If for any reason any aspect of a Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the promoter, the promoter may in its sole discretion cancel, terminate, modify or suspend the promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
13. In the event that a prize (or any part of a prize) becomes unavailable for reasons beyond the promoter’s control, the promoter may substitute that prize (or the relevant part of the prize) with a prize of equal or greater value.
14. The promoter reserves the right, at any time, to validate and check the authenticity of entries and entrants’ details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software (except as expressly permitted under these terms) or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
15. 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 a promotion. In the event that there is a dispute concerning the conduct of a promotion, the decision of the promoter is final and binding on each entrant and no correspondence will be entered into. Failure by the promoter to enforce any of its rights does not constitute a waiver of those rights.
16. The promoter and its associated agencies and companies will not be liable for any loss (without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with a promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
17. Details from entries will be collected and used for the purpose of conducting the relevant promotion (which may include disclosure to third parties, for the purpose of processing and conducting the promotion) and for promotional purposes. By entering a promotion, entrants’ consent to the use of their information as described and agree that the promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. Entrants may access, change and/or update their personal information at tonyandmarksrewards.com.au. All personal information will otherwise be held by the Promoter in accordance with the promoter’s privacy policy.