Competition Terms and Conditions
Last updated: 29 April 2025
1. Entry Requirements
- Competition/Promotion Name: Martmox Coupons Draw
- Promoter: Martmox Pty Ltd (ACN 657 178 660, ABN 70 657 178 660) of 33 Carlyle Road Boondall QLD 4034.
- By entering this Competition, each Entrant acknowledges that they have read, understood, and accepted these terms and conditions, which are outlined in this section. The Entrant agrees that these terms and conditions represent the entire agreement between the Entrant and the Promoter regarding this Competition.
- To enter the Competition, Entrants must satisfy all Entry Requirements outlined in the Schedule. By entering, the Entrant warrants and represents to the Promoter that they meet all such Entry Requirements.
- The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter within this period. Entries are considered received when the Promoter actually receives them, not when they are sent by the Entrant.
- Entry Requirements: Entrants must be at least 18 years of age, must be an Australian resident or citizen residing in Australia and must purchase a membership package via the Promoter’s website located at martmox.com which gives the purchaser access to special discounts. The Entrant will receive a number of entries in the competition as set out on the membership packages page, depending on the membership package purchased. All entries are eligible for all draws in the promotion, for example, a winner of a weekly draw is also eligible to win a monthly draw. The Promoter reserves the right to offer opportunities for Entrants to gain additional entries into single or multiple draws. The number of entries received for purchasing such Offers will be as set out on the Website.
- The Offers are not available in South Australia, and residents of South Australia are not eligible to purchase them. For clarity, each Entrant's total number of entries is determined as of the Closing Date of each draw.
- Maximum entries: A maximum of 100,000 entries per person is permitted during the promotional period. Entries beyond this limit will not be counted.
- Number of winners: There will be one (1) winner per draw. The number of draws will be determined by the number of prizes offered by the promoter.
- Territories: Australia-wide.
- Promotion Period: Competition commences 12:00am AEST, 29 January 2025, and ends at 11:59pm AEST on 28 May 2025. Multiple draws will occur under this trade promotion, on either a weekly or monthly basis, as set out in the Annexures. The final draw will be drawn at 3:00pm AEST, 29 May 2025, with the winner notified by 5 June 2025.
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Winner Eligibility: To qualify as a winner, entrants must provide accurate and truthful information when submitting their details. The following individuals are excluded from eligibility:
- Employees of the Promoter and their family members, including those of its related entities such as Martmox.com.au.
- Members of the Promoter’s management committee and their family members, including those associated with related entities like Martmox.com.au.
- Any other individuals directly involved in organizing or conducting the Promoter’s draws.
- Draw Date Extension and Giveaway Modifications in Case of Technical Issues or Unforeseen Business Conditions:
- In the event of any technical malfunction, system downtime, data loss, or other operational issues—whether originating from Martmox or any third-party service provider—that affect the participation, entry processing, or overall execution of the giveaway campaign, Martmox reserves the right to extend the draw date.
- The extension period will correspond to the number of days impacted by the issue, ensuring all participants have a fair and equal opportunity to enter and benefit from the campaign as originally intended.
- Martmox will notify participants of any such extension through its website and/or official communication channels.
- Martmox reserves the right to modify, postpone, suspend, or cancel the giveaway if unforeseen circumstances arise, including but not limited to insufficient revenue generation to cover associated expenses.
2. Winner Selection
- The Winner will be selected by a government-certified, third-party platform ensuring fairness and compliance with Australian regulations, on the dates, and at the location outlined in section 1. All incomplete or illegible entries will be disqualified and will not be eligible for a prize.
- All entries will be assigned a number, and the winners will be drawn using a random electronic number generator at randomdraws.com.au, accessed on a device located at 33 Carlyle Road, Boondall QLD 4034, on the designated draw dates.
- Weekly draws under this Promotion occur on a weekly basis.
- Prizes will only be awarded to the person named on the entry, subject to their compliance with these terms and conditions.
- If the prize or element of a prize is unclaimed within 14 days, a redraw will be conducted at 3:00pm AEST, 14 days after the original draw date. The winner of the redraw will be notified within 7 days of the redraw. The Winners of the re-draw will be drawn by a random electronic number generator andomdraws.com.au.
- If for any reason, a prize or element of a prize is unclaimed by the winner of the re-drawn competition within one (1) month of the Re-drawing Date, the Prize will be deemed unclaimed, and the Promoter is not responsible or liable for any subsequent delivery or provision of the Prize.
- The Entrant alone is responsible for confirming their eligibility to win. The Promoter will not be held liable to any Entrant who is later determined to be ineligible to win the Competition.
3. Prizes
- Prizes are awarded on an “as is” basis, and the Promoter will not alter or customize any Prize at the Winner’s request.
- If the original Prize is unavailable, the Promoter may offer a substitute prize of a comparable nature and of equal or greater value (the "Substitute Prize"). If no suitable Substitute Prize of equal or greater value is available, the Promoter may instead provide the Winner with a cash amount equal to the difference in value between the original Prize and the Substitute Prize.
- The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.
- If the Winner claims a prize but is found to be ineligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize, and it will not be re-drawn.
- The Promoter will not be liable to re-draw or provide a replacement prize for any prizes that are not received by the Winner due to being lost in transit, stolen, not accepted upon delivery, or due to any errors in the delivery details provided by the Winner.
- The prizes may include goods or services provided by third-party brands. Unless explicitly stated otherwise, the inclusion, promotion, or offering of such prizes does not imply any sponsorship, endorsement, or approval of the products, services, content, policies, or practices of those third parties.
- Where a prize is to be delivered directly by a third-party prize supplier, the Winner agrees, as a condition of entry, that the Promoter may share their details with the third-party supplier for the purpose of fulfilling and delivering the prize.
- A prize is non-transferable to any other person unless otherwise approved by the Promoter. Acceptance of the prize is subject to the Winner agreeing to the terms and conditions of its use.
- The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion. For cash prizes, the amount will be paid in Australian dollars to the bank account nominated by the Winner. It is the responsibility of the Winner to ensure that accurate and complete banking details are provided. The Promoter will not be held responsible for delays caused by incorrect or incomplete information supplied by the Winner.
- Force Majeure Event: The Promoter shall not be liable for any failure or delay in delivering the Prize within the specified timeframe due to events or circumstances beyond its reasonable control (Force Majeure Event). In such cases, the Promoter will use all reasonable efforts to arrange for the delivery of the Prize as soon as practicable. The Winner will be notified of any expected delays and, where possible, may be offered an alternative prize of equal or greater value, subject to availability and at the sole discretion of the Promoter.
- Prizes: The winner will receive the prize as outlined. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner.
- Prize Delivery: Prizes will be delivered within twenty-eight (28) days of the relevant draw or re-draw date. The Promoter will cover the cost of delivering the physical prize to the Winner’s nominated address. The Winner must nominate an Australian residential address for delivery. Alternatively, if preferred, the Winner may request to arrange collection of the physical prize from an Australian residential address. The Winner is responsible for any additional costs associated with receiving the prize, including taxes, transfer duties, or other related expenses.
- The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
4. Publication of Winners
- Winners will be personally notified by email within seven (7) days of the draw (Notification). If the winner does not respond to such email within three (3) days after it is sent, the Promoter will attempt to notify the winner via any contact details previously provided by the Entrant. If the Winner does not respond within two (2) weeks of the Draw Dates, the prize will be deemed unclaimed and a redraw will occur in accordance with Part B paragraph 7. Winners will also be announced and their details (Winner Details) will be published online at https://martmox.com.au/fortnightly-giveaway-winners/ within 14 days of the draw, and will remain published for a minimum period of twenty-eight (28) days. The Winner Details include the winners’ last name, first initial and postcode.
5. Personal Information
- By entering this Competition, Entrants agreed to the collection and use of their personal information by the Promoter. Any personal information gathered during the Competition will be handled in accordance with the Promoter’s Privacy Policy, available at [Privacy Policy link]. This information may be shared with third parties, including agents, contractors, and prize suppliers, solely for the purpose of administering the Competition and distributing prizes. Additionally, the Promoter may use the personal information to contact Entrants about marketing communications, offers, or future promotions from time to time.
- By entering, each Entrant agrees that if they become a Winner, the Promoter may use their name (in full or partially), likeness, voice, and image (including photographs and video) in marketing and promotional materials for any products manufactured, distributed, or supplied by the Promoter. This use may continue indefinitely, and the Entrant or Winner will not receive any payment or fee for such use.
6. Intellectual Property
- By uploading, publishing, transmitting, or otherwise making available any data, content, or materials related to this Competition ("Entrant Content"), the Entrant grants the Promoter, along with its affiliates, licensees, and successors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable license to use, share, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute, and display such content in any format or medium, including but not limited to text, images, videos, graphics, audio, and photographs, without requiring attribution.
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The Entrant warrants and represents that:
- it holds all the intellectual property rights to the Entrant Content.
- it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
- the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.
- The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.
7. Reservation of Rights
- The Promoter may require each winner to provide proof of identity and/or proof of residency at the address given in their entry to claim their prize. The acceptance of such proof is entirely at the Promoter’s discretion. If a winner is unable to provide satisfactory proof, they will forfeit the prize, and no replacement will be provided.
- The Promoter reserves the right, at its sole discretion, to modify or cancel the Competition and to manage it in any manner it deems appropriate under Australian law. This includes situations where the Competition cannot proceed as intended due to reasons such as computer viruses, bugs, tampering, unauthorized interference, fraud, technical failures, or any other factors beyond the Promoter’s control that compromise the security, fairness, integrity, or proper conduct of the Competition.
- The Promoter reserves the exclusive right to disqualify any Entrant who has, or is suspected by the Promoter to have:
- violated any of these terms and conditions;
- interfered with the entry process or the Competition;
- participated in any illegal activity; or
- engaged in any misconduct that could undermine the fair and proper conduct of the Competition or damage the Promoter’s reputation.
8. Exclusion of Liability
- The Promoter shall not be responsible for any entries that are late, lost, misdirected, or affected by technical issues, delayed or incorrect postage, network congestion, or any other cause. To the fullest extent allowed by law, the Promoter disclaims any liability for errors, omissions, or any failure in the administration of this Competition.
- Except for any liability that cannot be excluded by law, all Entrants release and agree to indemnify and hold harmless the Promoter (including its officers, employees, agents, and contractors) from any and all liability, claims, actions, costs, losses, or expenses (including those arising from negligence) related to: any act, omission, negligence, fraud, wilful misconduct, or breach of these terms by the Entrant, their nominees, or agents; as well as the Entrant’s or Winner’s acceptance, use, or attempted use of any prize(s), and participation in the Competition. This includes, but is not limited to, loss of income, property damage, and personal injury, whether direct or consequential, foreseeable or not, whether caused by negligence or otherwise.
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) exclude 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 Competition, including, but not limited to, where arising out of the following:
- inaccurate or incorrect transcription of entry information.
- any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter’s control);
- the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website.
- any theft, unauthorized access or third-party interference.
- electronic or human error which may occur in the administration of the Competition.
- any variation in prize value as stated in the Schedule.
- any tax liability incurred by a Winner or Entrant.
- redemption or use of a prize;
- any act or omission, deliberate or negligent, by the Promoter, or its employees or agents in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner.
- To the maximum extent permitted by law, the Promoter’s total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promoter in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.
9. Use of Credits and Discounts
- Participants in the Martmox Mega Giveaway may be eligible to receive Martmox shopping credits and/or exclusive discounts based on the selected plan. The following terms govern the use of these benefits:
- Credits and discounts cannot be combined in the same transaction. Customers may use either a Martmox credit or a discount code per order, but not both.
- If multiple offers are available, only one may be applied per eligible transaction. The system will restrict the simultaneous application of Martmox credits and percentage-based or fixed-amount discounts.
- Discounts are valid for use in a single transaction only and cannot be split across multiple orders or carried forward.
- Martmox credits are:
- Non-transferable and non-redeemable for cash
- Not applicable toward shipping charges (if any)
- Valid only for eligible Martmox products
- Subject to minimum spend requirements as outlined in each plan
- Discount codes:
- Must be used within the designated validity period
- Are subject to maximum spend limits as specified in the relevant plan
- Cannot be used in conjunction with Martmox credits
- By participating in the Giveaway and applying any credits or discounts, customers agree to these terms.
10. General
- These terms and conditions are governed by and shall be interpreted in accordance with the laws of Victoria, Australia. The parties agree to submit exclusively to the jurisdiction of the courts of Victoria, including any appellate courts.
- The Promoter’s failure to enforce any right at any time shall not be considered a waiver of that right.
- Capitalized terms used in these terms and conditions have the meanings set out in the Schedule, unless otherwise specified.
- For clarity, Apple Inc. and its subsidiaries or affiliates are not sponsors of this Promotion and are not involved in any way.
- All monetary amounts are stated in Australian dollars unless otherwise indicated.
- This Promotion is authorized under the following license numbers: NSW Authority No. TP/02650; NSW Notification No. NTP/12005; ACT TP 24/03060.3; SA Permit No. T24/2343.
11. Advertising
- To the maximum extent permitted by law, the Promoter, its affiliates and any third party may use the information provided by the Entrant and/or any photographs or video recording of the Entrant (Entrant Content) for the sole purpose of advertising, promotion, marketing and/or publicity of the Promoter without attribution, payment or compensation to the Entrant. Consent given by the Entrant for the Promotional Activity is also deemed to apply to any future Promotional Activities, unless the consent is explicitly withdrawn by the Entrant.
- The Competition is in no way sponsored, endorsed, administered by, or associated with Instagram.com, Facebook.com, X.com (formerly Twitter), or any other social media platforms (Social Media Platform(s)).
- The Entrant agrees to release the Social Media Platforms from any and all liability arising out of or in connection with their participation in the Competition.
- The Entrant must not:
- harass or bully any other person, use offensive language, defame the Promoter, or use language intended to harm or negatively impact the Promoter’s reputation.
- use bots, automated scripts, or any similar technology to submit entries.
- use multiple Social Media Platform accounts to enter the Competition; or
- tag accounts owned or controlled by themselves; only genuine friends or family members may be tagged in entries.
- The Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and to remove such entries from the Competition.