Terms and Conditions

1. The Trade Promotion Lottery shall be conducted under the following Terms and Conditions.

2. The purpose of the Trade Promotion Lottery is to promote GEM and the GEM Rewards Program, and participation is strictly subject to your subscription thereto.

3. Entries to the Trade Promotion Lottery is available for Members only and they cannot be purchased separately.

4. Entry into each Trade Promotion Lottery is free of charge, but subject to the purchase of, and right and entitlements under, the Memberships by access through the GEM Website (www.thegem.com).

5. By participating in the Trade Promotion Lottery, you agree, accept and acknowledge that the purchase prices for the Memberships are no more than their market value.

6. In these Terms and Conditions:

“Special Promotions” means any additional promotions provided by GEM from time to time under which an Entrant is entitled to bonus or additional Entries, and/or other benefits or entitlements as GEM may determine from time to time at its sole and unfettered discretion, which includes but is not limited to:

a. Additional (or bonus) entitlements and period of access;

b. Upgrades for subscriptions in a specified period of time;

c. Additional incentives, including discounts, bonuses, promotions, incentives and additional entries into any given trade promotion.

“Entrant/s” mean eligible Entry holders and participant in the Trade Promotion Lottery who satisfies the criteria set out in hereunder.

“Entries” or “Entry” means the entries/tickets evidencing participation in the Trade Promotion Lottery.

“Members” of “Memberships” have the meaning in GEM’s Website and General Terms and Conditions, being a person (Member) who purchases an ongoing subscription to access the GEM Rewards Program or who is a Package Holder (Membership).

“Promotion Period” means the period between the Start Date and End Date set out under the above heading “Trade Promotion Lottery Details”.

“Package Holder” of “Packages” have the meaning in GEM’s Website and General Terms and Conditions, being a person (Package Holder) who purchases a subscription to access the GEM Rewards Program for a set period of time (Package).

“Particulars” means the information set out in the table located beneath the subheading Trade Promotion Lottery Details.

“Related Parties” includes “Associate”, “Related Body Corporate” and “Related Entity” within the meaning given to that term in the Corporations Act 2001 (Cth), and GEM Holdings, in addition to their employees, agents, sub-agents, contractors, sub-contractors, partners, principals, parent company, licensors, licensees, representatives, officers and assigns of a party and expressly includes any call centre engaged or used by the party, and where the context permits includes persons who may become, or who have ceased to be, such persons;

“Trade Promotion Lottery” in the general context are the contests and lotteries carried out by GEM from time to time in promotion of the GEM Rewards Program under which Winner/s are determined by a draw, and in the context of the Trade Promotion Lottery specifically held under these Terms and Conditions, being in relation the contest described in the particulars under the above heading “Trade Promotion Lottery Details” which is carried out by GEM under these Terms and Conditions.

“Prize/s” mean the prize/s offered and given under a Trade Promotion Lottery to a Winner in accordance with these Terms and Conditions, and in the context of the Trade Promotion Lottery specifically held under these Terms and Conditions, being in relation the contest described under the subheading “Prize” under the general heading “Contest Details”.

“Winner/s” means a winning Entrant as a result of a draw in the Trade Promotion Lottery conducted under these Terms and Conditions.

As a participant or proposed participant in this Trade Promotion Lottery, GEM may refer to you as “you” or “your”, or otherwise as an Entrant.

Words defined in GEM’s Website and General Terms and Conditions have the same meaning in these Trade Promotion Lottery – Terms and Conditions, unless expressly defined otherwise.

Eligibility and Entries

7. Each Membership includes an entitlement for a pre-determined number of free Entries to win a prize (or combination of prizes) in the Trade Promotion Lottery arranged by GEM from time to time, in addition to any entitlements they may receive from any applicable Special Promotions, including pre-existing, new, current and future entitlements available to a Member which apply to this Trade Promotion Lottery and in relation to the Promotion Period.

8. You enter the Trade Promotion Lottery by having been or becoming a Member during the Promotion Period. Entries are issued on accordance with the Website and General Terms and Conditions, the particulars of which are set out at Schedule 1 to these Terms and Conditions, in addition to any entitlements available to you under any Special Promotions. Without limiting Clause 65, Schedule 1 and 2 in the Website and Rewards Terms and Conditions shall prevail over Schedule 1 herein in the event of inconsistency, and GEM reserves the rights to vary, add or remove the Membership or Package tiers and entitlements from time to time.

9. By participating in this Trade Promotion Lottery, you agree and accept that other participants may be entitled to additional and special entitlements to Entries as a result of Special Promotions occurring in the past, present or future but which apply to this Trade Promotion Lottery. You accept and acknowledge that these special entitlements may affect your chances in the Trade Promotion Lottery including but not limited to the dilution of the number of Entries you may hold in the proportion to the total Entries.

10. You may receive a code from GEM to claim additional or bonus Entries. If a code is required to be entered to claim any additional or bonus entries, you accept and agree that you will not be eligible the bonus or additional entries if you fail to use and apply the code and claim your additional or bonus Entries. You agree to release GEM and its Related Parties from any claim, liability, loss, cost or damage which you may incur as a result of your failure to claim your Entries.

11. There is no entry fee to enter into the Trade Promotion Lottery, however to be an eligible Entrant you must be a current Member who:

(a) is at least 18 years of age;

(b) residing in Australia (in a state or territory in which this Trade Promotion can be lawfully conducted);

(c) registered or claimed your Entries (if applicable);

(d) has been issued valid Entries from GEM from time to time, for each relevant Trade Promotion Lottery separately;

(e) is not in breach of these Terms and Conditions;

(f) is otherwise an eligible Entrant under these Terms and Conditions. And

12. While entry is free, you will be responsible for the risks, cost and expense associated with your internet access necessary to participate in this Trade Promotion Lottery, and any devices used in connection with the same.

13. The number of Entries are not limited for each Entrant, subject to the Entrant’s eligibility for an Entry and Entry availability.

14. The Trade Promotion Lottery will be conducted in a fair and transparent manner with each Entrant having an equal chance of winning, subject to the number of Entries they each hold.

15. The GEM will draw the Cash Prize(s), Super Draw and Mega Draw and the Relevant time and Date stipulated in the Table herein to which the Winner will receive the relevant Prize, always subject to and on the terms and conditions herein.

16. Notwithstanding the information set out in the Particulars, you acknowledge and agree that GEM reserves the right to vary the Time and Date of the Cash Draws, Super Draws and Mega Draws by bringing the date forward and ending the draw early at its discretion or extending the time and date of the said draws by a date that is up to twelve (12) calendar months after the time and date specified in the Particulars.

Adverse Effect to Trade Promotion Lottery

17. In the event that a Trade Promotion Lottery cannot proceed or be determined due to reasons beyond GEM’s control, or due to manipulation, tampering or corruption of the administration security, a threat to the fairness or integrity or proper conduct of the Trade Promotion Lottery, or for any technical or communications issues, you agree and acknowledge that GEM may in its absolute discretion cancel, suspend, modify or terminate the Trade Promotion Lottery, and you agree to release GEM and its Related Parties from any loss, cost, liability or damage in relation to such termination.

18. An Entrant must comply with these Terms and Conditions, and not manipulate, tamper, cause someone to tamper or manipulate, benefit from tampering or manipulation, or do anything which affects the fairness or integrity or proper conduct of the Trade Promotion Lottery. For any reason in connection with the aforementioned, GEM reserves the right (in its absolute discretion) to terminate any Entries, declare them invalid and disqualify (and/or prohibit) any Entrant from participating in the Trade Promotion Lottery, or any future Trade Promotion Lottery.

19. GEM reserves the right in its absolute discretion to terminate any Entries, declare them invalid and disqualify (and/or prohibit) any person from participating in the Trade Promotion Lottery, or any future Trade Promotion Lottery if the person:

(a) Breaches or threatens to breach these Terms and Conditions;

(b) Engages in conduct which threatens or harms the reputation and goodwill of GEM;

(c) Engages in conduct which is fraudulent, misleading or deceptive;

(d) Engages in conduct which threatens, abuses, annoys, bullies GEM, its Related Parties, associated partners or other Entrants or Members, or threatens or attempt to do any of those things;

(e) Engages in conduct which causes any interference to the carrying our, or fair conduct of the Trade Promotion Lottery or GEM Rewards Program; and

(f) Ceases to become eligible for an Entry under these Terms and Conditions, and or the Website and General Terms and Conditions.

Disclaimers and Liability

20. A reference to GEM hereunder, shall also mean GEM and its Related Parties, related corporations, affiliates, licensees, licensors, subsidiaries, parent entities and the officers, directors, contractors, assigns employees and agents of these entities.

21. You agree to indemnify and hold harmless GEM and its Related Parties, its related corporations, affiliates, licensees, parent entities and the officers, directors, contractors, assigns employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (directly or indirectly incurred, and

including, but not limited to legal fees) arising from or in connection with your breach of these Terms and Conditions, or your unlawful activities or misconduct which is in any way related to the Trade Promotion Lottery and/or the Prize/s.

22. You acknowledge and agree that your participation in the Trade Promotion Lottery is at your sole risk. Prizes are provided on an “as described” basis without any representation, warranty or conditions of any kind, neither express or implied, as to the specifications (not represented), quality, fitness for any particular purpose or durability of any Prize.

23. You release GEM and its Related Parties, and agree that GEM and its Related Parties, its related corporations, affiliates, licensees, parent entities and its affiliates, directors, officers, employees, agents, contractors, successors or assigns, will not be liable for any loss, damage or expense, directly or indirectly incurred, howsoever emerging out of or in connection with the Trade Promotion Lottery, your participation in the Trade Promotion Lottery and the Prize/s (including your winning, transfer, acquisition, holding or use of the Prize as the case may be), including without limitation any compensatory, incidental, special punitive or consequential damages, loss of opportunity, loss of profit or legal costs, or personal injury. GEM is not responsible for any incorrect or inaccurate information, either caused by a phone or computer user or for any of the equipment or programming associated with or utilised in this Trade Promotion Lottery, or for any technical error, or any combination thereof that may occur in the course of the administration of this Trade Promotion Lottery, including but not limited to any omission, interruption, deletion, defect, delay in operation or transmission, communications line, or internet, telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of Entries and the systems or technology used in in connection with the Trade Promotion Lottery.

24. Without limiting the foregoing, if any such liability exists at law, GEM’s (and its Related Parties) limitation of liability to you for any loss or damage relating to the Trade Promotion Lottery is reduced to the extent of any contribution by you to that loss or damage, and our liability shall be limited to the maximum extent permitted by law.

25. You agree that GEM may disqualify, restrict, limit, suspend, terminate your participation in the Trade Promotion Lottery (including revocation of your Entries) if it reasonably believes that you have breached these Terms and Conditions, or the Website and General terms and Conditions, engaged in unlawful activities or misconduct in relation to the Trade Promotion Lottery or in any way engages in conduct which threatens the fair and proper conduct of the Trade Promotion Lottery. You agree that GEM shall be held harmless for any liability, loss, cost or damage occasioned as a result of GEM’s action in accordance with this provision. GEM otherwise reserve all its rights to make any claim available to GEM against you at law.

26. GEM is entitled to seek all remedies available at law or in equity for any breaches of these Terms and Conditions by you. GEM’s failure to enforce or pursue any one or more of these rights under these Terms and Conditions will not constitute a waiver of such rights.

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27. Without limiting the foregoing, by entering into a Trade Promotion Lottery, you agree and acknowledge that GEM shall not be liable for any claim, liability, loss, cost, expense or damage whatsoever, howsoever incurred (directly, indirectly or consequentially) in connection with your participation in the Trade Promotion Lottery or receipt of a Prize, ot limited to, as a result of the following:

(a) Tampering or manipulation of the Trade Promotion Lottery by a third party, including by other Entrants;

(b) Loss or damage to the Prize in transfer, remittance, transit or delivery;

(c) Inability or failure to locate or contact the Winner/s of the Prize and Trade Promotion Lottery (subject to reasonable efforts to do so);

(d) Delays in delivery;

(e) The inability of the Prize Winner/s to accept or take delivery of the Prize;

(f) Anything in connection or arising from the Winner/s’s acceptance of the Prize, and entrance or participation in the Trade Promotion Lottery, to the fullest extent permitted by the Trade Promotion Regulations;

(g) The use or enjoyment of the Prize;

(h) The suitability and quality of the Prize,

including the release of any liability for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind in connection with the Trade Promotion Lottery and Prizes.

28. GEM and its Related Parties shall not be held responsible for, and each Entrant shall release GEM and its Related Parties from, any and all claims and liabilities (including in relation to GEM’s compliance with these Terms and Conditions) in connection with any technological/technical, transmission, communication, connection or network breaches, issues, failures or malfunctions, including but not limited to issues with computer devices and hardware, servers, communication networks, software, internet and online connections and providers, online traffic, electronic platforms and systems of every kind, e-mail systems or mail delivery, telephone network and connections, or incomplete, omitted, deleted, altered, interrupted, corrupt, delayed, lost, damaged, illegible or misdirected electronic communications, or any combination thereof, including those caused by any cyber security breaches, such as the theft, unauthorised access, alteration, destruction or ransom of data and information (including alteration of Entries).

29. Whilst GEM makes every effort to ensure the accuracy of content and information provided in connection with the Trade Promotion Lottery, you acknowledge that periodical omissions or errors may appear in relation to some or all the content of the GEM’s Website or mobile application in connection with the Trade Promotion Lottery. If you believe that an error or omission exists on the GEM’s website or mobile application, we kindly request that you immediately notify us of the error or omission.

30. GEM makes no representation or warranties as to the use and content of the Website and GEM App in connection with Trade Promotion Lottery.

31. While you may raise a matter in dispute in in relation to the application of these Terms and Conditions by contacting GEM, insofar as it can apply in law, GEM’s decisions, and the winning results in connection with the Trade Promotion Lottery are final without any rights for further dispute or review.

32. Entrants and Winner/ss acknowledge that there may be tax implications which could arise from winning and receiving the Prize, and Winner/s are advised to seek independent financial and taxation advice prior to the acceptance of the Prize. All tax implications are borne by the Winner/s, and by participating in a Trade promotion lottery, the Winner/s hereby releases GEM and its Related Parties from any taxation implications and liabilities associated with the Prize, or the Winner/s’s winning or receipt thereof.

33. The Entrant acknowledges and accepts any and all risks associated with entering and participating in the Trade Promotion Lottery, and/or winning or claiming a Prize. By participating, the Entrant does so at its own risk, liability, cost and expense and may be required by GEM, at its absolute discretion, to provide further assurances by executing an acknowledgement, waiver, release and/or limitation of liability with regard to these risks.

34. Once delivered, any Prizes constituting voucher shall be the Winner’s full responsibility, and GEM and it Related Parties will not be responsible for anything in connection with the voucher thereafter, including but not limited to failure to claim such voucher before expiry, loss of voucher, breach of voucher terms and conditions, failure of the voucher provider to fulfill its obligations under the voucher, or in connection with any bookings or purchases made with such vouchers.

35. Entrants are responsible for any and all expenses that they incur in entering or winning the Trade Promotion Lottery, unless prohibited by the Trade Promotion Regulations.

Trade Promotion Regulations

36. Eligibility for the Trade Promotion Lottery of parties from South Australia, New South Wales and Australian Capital Territory is subject to GEM acquiring a valid trade promotion licence or permit of this Trade Promotion Lottery in each those states and/or territory in which the party resides.

37. These Terms and Conditions are at all times subject to the relevant state permit regulations, laws and authority direction for trade promotion lotteries in Australia (“Trade Promotion Regulations”). If anything of these provisions are unenforceable, illegal or void, or otherwise contravenes any Trade Promotion Regulations or causes the lottery to not be defined as a lawfully operating “trade promotion” under any Trade Promotion Regulations in each relevant State, then such contravening part is deemed to be severed and restricted, and the rest of this Agreement remains in force insofar as permitted under the relevant Trade Promotion Regulations. The rights and obligations of each party are not affected by any law that, but for this clause, would affect those rights and obligations.

38. If despite the operation of the foregoing provision, the contest/s are considered in law (including the Trade Promotion Regulations) to be not a lawfully operated “trade promotion lottery” and cannot be operated without change in the Trade Promotion Lottery terms and/or a valid permit in a particular State of Australia, the Trade Promotion Lottery shall be cancelled, restricted and be made void in, and to the extent of, that relevant State and defaulting element, and any Entrant who’s participation would require a permit or would cause the Trade Promotion Lottery to require a permit in such State (but GEM does not hold such permit) is prohibited from participating in the Trade Promotion Lottery, and their Entries are deemed forfeited and void, and each Entrant, or prospective Entrant agrees to release GEM and its Related Parties from all claim, liability, loss, cost or damage in connection with the cancellation or voiding of the Trade Promotion Lottery for these reasons.

39. Each Trade Promotion Lottery is subject to GEM obtaining all permits and approvals required in law. If for whatever reason GEM does not have, or is unable to obtain necessary permits and approvals, and the Trade Promotion Lottery is cancelled and does not proceed in any part, the Entrants agree to accept the cancellation, and releases GEM and its Related Parties from all claim, liability, loss, cost or damage associated with the cancellation.

40. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

Draws and Winning Entries

41. The Winner/s in each Trade Promotion Lottery will be drawn in one of the following ways which will allow a random and equal chance of each Entry being drawn:

(a) An automated electronic raffle/lottery or ball system, which draws by way of a random number; or

(b) An electronic generator that draws a Winner/s at random; and

(c) Physical raffle/lottery draw.

42. For cash Prizes, the Prize will be transferred by electronic funds transfer. Each Entrant must provide and nominate a valid bank account when requested to do so by GEM (which may be at the time of purchase of a Membership). You agree and acknowledge that GEM may rely on the last notified bank account details provided by you and available to GEM, and rely on such account being a valid account held by you to which any Prize money can be transferred. You agree to hold harmless and release GEM and its Related Parties from any loss, cost or damage in connection with such bank account and details being incorrect, inaccessible, invalid or in any way connected to an account which is not in your control, or through which you are unable to take ownership or possession of funds held therein.

43. Subject to these Terms and Conditions preventing transfer (e.g redraw), a Prize will be paid or transferred to the Winner/s within the later period between twenty-eight (28) days after the draw or after the Winner/s’s acceptance of the Prize, to the bank account nominated by the Winner/s in the event of a cash prize. If permitted under the Trade Promotion Regulations, and as hereby agreed by Entrant by entering the Trade Promotion Lottery and if they become a Winner/s, the date by which the Prize is transferred shall be extended by another twenty-eight

(28) days (or such other timeframe as reasonably required by GEM) if the transfer is prevented, inhibited or delayed by any matter outside GEM’s reasonable control (for example, locating the Winner/s or delay in roadworthy approvals required to transfer a motor vehicle prize into the Winner/s’s name, difficulty in coordinating handover of a prize at a time which is suitable to GEM or if otherwise if required by GEM at its sole discretion).

44. Subject to the Trade Promotion Regulations, the Prize can be substituted for a Prize of the same or greater value than the original Prize where the Winner/s either agrees in writing, or the original Prize is unavailable due to circumstances beyond the control of GEM and where reasonable attempts to reach agreement with the Winner/s have been unsuccessful.

45. If for any reasons whatsoever, the Winner/s does not accept or claim any part of the Prize within the time limitation notified by GEM, then that part of the Prize is forfeited absolutely by the Winner/s to GEM without substitution (in cash or otherwise) in lieu for that forfeited part. In such an event, no redraw shall be held for that part of the Prize.

46. Entrants must present a valid Entry to be eligible to be a Prize Winner/s and claim/accept a Prize.

47. Subject to the Trade Promotion Regulations, if a party fails to present the winning Entry to GEM, verify its identity to the satisfaction of GEM, prove its eligibility under these Terms and Conditions (or is proven to be ineligible) and fails to claim the Prize within three (3) months of a draw (or such other reasonable time determined by GEM, having regard to the nature of the Prize), such winning Entry shall be cancelled and forfeited absolutely, without any further rights, claim or entitlements, and GEM will be entitled to conduct a redraw. This provision applies even if a party has already been publicly announced as the Winner/s.

48. Without limiting the foregoing, GEM may draw an additional Entrant's name in a second draw to substitute a Winner/s of a Prize if:

(a) a Winner/s of a Prize is not readily identified; and

(b) reasonable efforts have made to identify the Winner/s of the Prize and were unsuccessful; and

(c) an additional Entrant's name is drawn.

49. If a Prize is not claimed within three (3) months, a redraw will take place at 7.30pm on 4 June 2023, by one of the methods set out in clause 41, the result of which will be published the GEM’s Website or other online platform (including social media platforms) within seven (7) days from the redraw date. The redraw Winner will be notified by written notice to their GEM account, by phone message and/or email within seven (7) days of the draw and be dealt with as a Winner in accordance with these Terms and Conditions. Notwithstanding anything else in these Terms and Conditions, you agree that the results of a redraw shall be deemed to replace and substitute the first or prior winner of the same Prize with the redraw Winner absolutely, and you waive all rights to dispute such results (if any). The location of the redraw will be Unit 1/38 Webber Parade, Keilor East VIC 3033.

50. Notwithstanding Clause 49, GEM reserves the right to vary the time and date of the time and date of the redraw by bringing the date forward at its discretion or extending the time and date of the said redraw.

51. GEM reserves the right to require and conduct security, age, eligibility and/or identity verification checks in its absolute discretion to determine the identity and party’s eligibility to enter the Trade Promotion Lottery.

52. GEM shall not be responsible for late, lost, misdirected, ineligible or illegible Entries (including lost, stolen, forged, defaced or damaged proof of Entry). This provision applies even if a party has already been publicly announced as the Winner/s.

53. The Prizes will be awarded to the person named in the winning Entry issue.

54. Each Entrant must keep their contact details up to date and it is the Entrant’s responsibility to ensure that GEM is notified of any change in contact details at any time in connection with a Trade Promotion Lottery. You agree to release GEM and its Related Parties for any liability, loss cost or damage, in connection with incorrect information or non-communication of an Entrant/Winner/s, or your failure to keep your contact details updated and accurate.

55. It is your responsibility to check and ensure maintenance of your nominated method of contact and account, and GEM must not be held responsible for your failure thereof, including but not limited to any missed communications which may be directed to your junk email box or spam or blocked lists, or resulting from accidental deletion.

56. The Winner/s shall be notified by written notice to their GEM account, by phone message and/or email within seven (7) days of the draw for each Trade Promotion Lottery. GEM may use any contact details provided by you in the course of your communication with GEM to contact you, including but not limited to information from your subscription forms or any purchase orders made with GEM. If permitted by Trade Promotion Regulations, GEM may at its absolute discretion, notify the Winner/s verbally by telephone.

57. GEM will publish the details of the Winner/s on the GEM’s Website or other online platform (including social media platforms) within seven (7) days following each draw in a Trade Promotion Lottery and for a minimum of twenty-eight (28) days. At its absolute discretion or as otherwise required in law, GEM may announce the Winner/s in a newspaper or other publication in its discretion.

58. The Winner/s for each draw will be published publicly online and/or other publicly distributed publication/s, including but not limited to the GEM Website and/or the GEM App, and its associated social media platforms, Facebook and Instagram. By entering a Trade Promotion Lottery and holding an Entry, you agree and authorise GEM the unconditional and royalty/fee free right and entitlement to disclose and publish your name, initials, likeness, identification, username or nickname, voice, video or film portrayal, photograph and image, suburb, postcode and identify you as the Winner/s of the relevant Prize in on any public medium, anywhere, and for any purpose whatsoever, including but not limited to those in connection with his Trade Promotion Lottery specifically, and any future advertising or marketing materials of GEM.

59. It is a condition of accepting the Prize the Winner/s signs any such legal documentation required by GEM to provide further assurance to GEM for any part of these Terms and Conditions.

60. All Entries are the property of GEM.

61. GEM collects personal information about you in connection with this Trade Promotion Lottery. Your personal information may be disclosed to a third party as a result of entering this Trade Promotion Lottery.

62. A Winner/s must be an eligible Entrant under these Terms and Conditions to claim a Prize, and any party who is not so eligible, is deemed to forfeit any Entries it may hold or possess.

63. This Trade Promotion Lottery will not involve a round in which Entrants are eliminated.

64. If the Winner is a Winner of a motor vehicle and seeks that the motor vehicle be registered in the State of Western Australia, GEM shall have the option, at its sole and unfettered discretion to elect to pay the Winner the cash option of the Major Prize (if applicable) or alternatively, 80% of the value of the Motor Vehicle as determined by GEM in this trade permit (excluding stamp duty and on road costs), in full and final satisfaction of the Winner’s entitlement to the prize.

65. At any time up until the date of the Draw, GEM may vary any prize by substituting the Prize but only in circumstances where the substituted prize is of a value of at least 90% of the original prize value (excluding stamp duty and on road costs if applicable) as determined by GEM.

Additional Terms - Memberships & Packages

66. Subject to Clause 8 and 66 herein, you are entitled to Entries in accordance with terms set out in Schedule 1 herein, however an Entry into a Trade Promotion Lottery is only valid if you receive written confirmation from GEM of your Entries (and the number thereof) for each Trade Promotion Lottery carried out by GEM. It is your responsibility to ensure that you receive the correct number of Entries, and by subscribing, you agree that GEM must not be held liable for your failure to ensure that you receive your entitled Entries. Your failure to ensure the correct number of Entries shall deem all entitlements to the missing Entries forfeited at the time of draw for the relevant Trade Promotion Lottery

67. Not used.

68. Your entitlement to entries into the Trade Promotion shall be calculated in in accordance with your applicable:

(a) subscribed tier of Membership; and/or

(b) Purchased Package which is applicable to the Relevant Trade Promotion; And entitlement to Trade Promotion Lottery Entries:

(a) For Members - shall accumulate and increase in accordance with the terms set out in Schedule 1 herein for each tier of Membership (or Schedule 1 and 2 of the Website Terms and Conditions as the case may be). Upon the termination of any Membership subscription, the Member acknowledges and agrees that the increased and accumulated entitlements for Entries into any Trade Promotion Lotteries shall be forfeited, and the re-subscription to a Membership tier shall be treated as a new membership containing the entitlements of a new member (however will not considered a new member for the purposes of Special Promotions, unless expressly stated otherwise).

(b) For Package Holders – entries do not accumulate and will automatically expire at the time the relevant Major Prize is drawn in the applicable Trade Promotion Lottery at the time of purchase (Relevant Trade Promotion).

Package Holders acknowledge and agree that entries associated with a Package shall only entitle entry into the selected and nominated (Major Prize) Mega Draw in the Relevant Trade Promotion and does not give any entitlement or entry to any other prize, including:

1. Any other (Major Prize) Mega Draw, Cash Draw or Super Draw in the same Trade Promotion; OR

2. Any other (Major Prize) Mega Draw, Cash Draw or Super Draw in any other Trade Promotion,

Entries do not survive beyond the closing date and time of the selected and nominated (Major Prize) Mega Draw in the Relevant Trade Promotion.

Members who upgrade directly between tiers retain their accrued Loyalty Entries under the lower tier, and begin to accumulate Loyalty Entries on the accumulation terms of the upgraded tier from the commencement of the next billing cycle.

69. Members who downgrade directly between tiers retain their accumulated Loyalty Entries under the higher tier, and begin to accumulate Loyalty Entries on the accumulation terms of the downgraded tier from the commencement of the next billing cycle.

Schedule 1

Membership Tiers and Entitlements

By selecting one of the below options when you complete your subscription and registration with the GEM Rewards Program, you acknowledge that GEM will provide the following entitlements subject to the Terms and Conditions and Policies, in consideration of your payment of the Subscription Fee when due. Entries are subject to claim by you.

Packages

1. GEM may offer you the option to purchase the right to access the GEM Reward Program for a pre-determined, set and limited period of time for an upfront payment (“Package”).

2. The rights and entitlements to Entries for Package Holders who purchased a Package which is relevant to this Trade Promotion is described in the below tiers:

Membership

3. GEM offers you the option to become a Member by subscribing to a Membership for the unlimited access to the GEM Reward Program until your Membership is cancelled or terminated.

4. The rights and entitlements to Entries for Members who subscribed to a Membership is described in the below tiers:

5. A billing cycle shall be monthly, commencing on the day that you first subscribe to a Membership and pay the Subscription Fee (“billing cycle”).

6. Memberships automatically renew at the start of each billing cycle on the Website and General Terms and Conditions applying at that time, and will continue to renew accordingly until cancelled or terminated.

7. The monthly Subscription Fee is payable by each Member at the time of subscription and the start of each billing cycle in advance as renewal of their subscription.

8. At the cancellation, end or termination of a Membership, all entitlements to Standard Entries in any Trade Promotion Lotteries shall reset and forfeited absolutely and in perpetuity.

9. Entries are valid for draws in a Trade Promotion Lottery running at the time of subscription for the remainder of that first month of subscription only, for each draw in each full billing cycle month that a valid Membership is held by the Member, and only for draws up to the day before the date of termination if a Membership subscription is terminated or ended for any reason.

10. If you wish to change your Membership by upgrading or downgrading, this will take effect in the next billing cycle.

11. Members who upgrade directly between tiers retain their accrued Loyalty Entries under the lower tier, and begin to accumulate Loyalty Entries on the accumulation terms of the upgraded tier from the commencement of the next billing cycle but do not carry over their entitlements to Standard Entries. Upgrading Members will be issued new Standards Entries in accordance with their entitlements under the new tier of Membership in the next billing cycle.

12. Members who downgrade directly between tiers retain their accumulated Loyalty Entries under the higher tier, and begin to accumulate Loyalty Entries on the accumulation terms of the downgraded tier from the commencement of the next billing cycle but do not carry over their entitlements to Standard Entries. Downgrading Members will be issued new Standards Entries in accordance with their entitlements under the new tier of Membership in the next billing cycle.