CLEAN UP AUSTRALIA DONATION – BIG W – TERMS & CONDITIONS

Introduction

1. By entering this Promotion, you acknowledge that you have read these Terms and Conditions and that you agree to be bound by them.

2. The Promoter is SodaStream Australia Pty Ltd (ABN 81 104 202 093).

3. The Promotion will run during the Promotional Period. 

4. In these Terms and Conditions:

(a) Eligible Purchase means any purchase by you from a Participating Venue of: 

(i) a SodaStream E-Terra Black Sparkling Water Maker (Participating Retailer's item code 309844); or or

(ii) a SodaStream 1L White Dishwasher Safe Fuse Carbonating Bottle Twin Pack (Participating Retailer's item code 204401), during the Promotional Period, which is not returned or refunded during the Promotional Period. 

(b) Promotional Period means the period from 12:00am on 1 April 2025 (AEDT) to 11:59pm on 30 April 2025 (AEST). 

(c) Participating Retailer means Woolworths Group Limited trading as Big W (ABN 88 000 014 675). 

(d) Participating Venue means any physical or online store operated by the Participating Retailer in Australia during the Promotional Period, excluding Big W Market.

(e) Purchase Price means the price at which an item the subject of an Eligible Purchase is purchased by you from the Participating Retailer (inclusive of GST), and for the avoidance of doubt, excluding any other costs associated with you making the Eligible Purchase (such as credit card charges).

Donation Contribution

5. For each Eligible Purchase, the Promoter will donate 10% of the corresponding Purchase Price to Clean Up Australia Limited (ABN 93 003 884 991), up to a total donation amount of AU$18,000 in relation to this Promotion. 

6. The number of Eligible Purchases made during the Promotional Period will be calculated using sell out data from the Participating Retailer for the Promotional Period. The Eligible Purchases are deemed to be made at the time the transaction is recorded in the Participating Retailer's sell out data.

7. Your ability to make any Eligible Purchase is subject to product availability and any further applicable terms and conditions of the Participating Retailer, such as opening hours of Participating Venues, or retail or promotional limits.    

8. The Promoter accepts no responsibility for any Eligible Purchases not accurately recorded for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.

9. The Promoter reserves the right, but shall not be under any obligation, to verify the validity of any Eligible Purchase. 

General

10. To the extent permitted by law (including the Australian Consumer Law), the Promoter will not be responsible for, and reserves the right (in its sole discretion acting reasonably) to modify, suspend, terminate or cancel the Promotion if the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any events beyond the reasonable control of the Promoter, including but not limited to: 

(a) technical difficulties or failures, computer viruses, unauthorised intervention, tampering, fraud, any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, pandemic or any other kind of disaster; or  

(b) written directions from a regulatory authority. 

11. 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 Australian Consumer Law, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees Liability).

12. Except for any liability that cannot by law be excluded (such as the Non-Excludable Guarantees Liability), 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, including:

(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(b) any theft, unauthorised access or third party interference; or

(c) any Eligible Purchase data that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter.

This limitation does not apply where the liability arises due to the gross negligence, fraud, criminal conduct or wilful misconduct of the Promoter.

13. In the event of a conflict between any Promotion details contained in these Terms and Conditions and any Promotion details contained in Promotion advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Terms and Conditions shall prevail.

14. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

15. The laws of New South Wales, Australia apply to the Promotion to the exclusion of any other law. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia.