Terms

OTR App – SUBWAY® Buy 4 GET 1 FREE

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

These terms govern participation in the SUBWAY® Buy 4 GET 1 FREE (“SB4G1F”), which is a loyalty offer accessed through the OTR Application which is available from the Apple App Store or the Google Play Store (“OTR App”) and operable on a compatible mobile device (“Mobile Device”).

By participating in SB4G1F, you agree to these terms.

General

  1. The SB4G1F is open to residents of Australia and can be used at any participating OTR site (including participating OTR Mobil sites in South Australia) that has the SUBWAY® brand offering.
  2. To participate in SB4G1F, eligible individuals must download the OTR App and follow the prompts to register and activate a user email address to create a user account.
  3. All participating OTR sites will award SUBWAY® Stamps and allow redemption of SUBWAY® Rewards in accordance with these terms.
  4. OTR reserves the right to decline any SB4G1F participation in its absolute discretion.
  5. No fees will be charged by OTR for participation in  SB4G1F.

Participation

  1. To participate in  SB4G1F, the relevant member barcode displayed in the OTR Application (“Member Barcode”) must be scanned at a participating OTR site during the transaction in which an eligible SUBWAY® product and OTR water or post-mix drink has been purchased.
  2. On scanning of the Member Barcode at a participating OTR site, you will be entitled to earn SUBWAY® Stamps and redeem SUBWAY® Rewards.

Earning Stamps & Rewards

  1. OTR offers a number of different SB4G1F offers which may change from time to time.
  2. To be eligible to earn a SUBWAY® Stamp, a member must purchase an eligible SUBWAY® Meal Deal in one transaction, and have their Member Barcode scanned during that said transaction.
  3.  (“SUBWAY® Stamps”) means Stamps that will be earned and accrued to a member’s account, on the basis of 1 SUBWAY® Stamp earned for each eligible 1 SUBWAY® Meal Deal purchased from a participating OTR site. SUBWAY® Stamps may take up to 48 hours to be credited (and be visible in the OTR App) to a member’s account from the time of purchase.
  4. The different SB4G1F offers, eligible products and SUBWAY® Rewards are as follows.
  5. For every 4 SUBWAY® Stamps earned through the purchase of one kind of SUBWAY® offer and accrued to a member’s account, a member is entitled to a Reward for 1 free SUBWAY® product­­ of the same kind (“SUBWAY® Reward”). As an example, after purchasing 4 “SUBWAY® 6-inch Sub® Meal Deal” at participating OTR sites and thereby accruing 4 SUBWAY® Stamps to your account, 1 SUBWAY® Reward for a free “SUBWAY® 6-inch Sub®” will be applied to your account.
  6. SUBWAY® Stamps will be categorised in your account separately according to the kind of SB4G1F offer purchased. A SUBWAY® Stamp will only be applied to your account once you have accrued 4 SUBWAY® Stamps for the same SUBWAY® offer. Extras like sauces, extra cheese, etc. are excluded from this offer.
  7. 4 SUBWAY® Meal Deals do not have to be purchased in the same transaction to receive a Reward for a free SUBWAY® product.
  8. SUBWAY® Stamps accrued for a particular kind of SUBWAY® offer cannot be applied or combined in your account against a different kind of SUBWAY® offer.
  9. OTR may require presentation of the User’s Member Barcode on the OTR App to confirm the identity of a OTR App member, or purchase of said product in the course of an award of SUBWAY® Stamps or redemption of SUBWAY® Rewards.
  10. It is each member’s responsibility to ensure that the correct number of SUBWAY® Stamps or SUBWAY® Rewards have been added or deducted for each eligible transaction. Members must notify OTR of any apparent discrepancy as soon as possible by contacting  OTRApp@ontherun.com.au
  11. A member’s SUBWAY® Stamps and Rewards balance has a 12 month expiry period from the date that the SUBWAY® Stamp or Reward was applied to a member’s account.
    1. SUBWAY® 6-inch Sub® or Wrap
      1. Buy 4 SUBWAY® 6-inch Sub® or Wrap Meal Deals, Get 1 SUBWAY® 6-inch Sub® or Wrap FREE
      2. Free item is a SUBWAY® 6-inch Sub® or Wrap, excludes extras and toasties. Excludes extras or upgrades.
    2. SUBWAY® Footlong Sub® or Salad
      1. Buy 4 SUBWAY® Footlong Sub® or Salad Meal Deals, Get 1 SUBWAY® Footlong Sub® or Salad FREE
      2. Free item is a SUBWAY® Footlong sub® or Salad, excludes extras and toasties. Excludes extras or upgrades.

Redeeming Rewards

  1. Only active OTR App members will be able to redeem awarded SUBWAY® Rewards.
  2. On presentation of the Member Barcode at a participating OTR site, you will be entitled to redeem any SUBWAY® Rewards accrued in your OTR App account. Only a whole number of SUBWAY® Rewards may be redeemed.
  3. SUBWAY® Rewards are separate and distinct from any other discount, special offer or promotion offered by OTR from time to time.
  4. Unless otherwise required by law or permitted by these terms, SUBWAY® Rewards are not refundable, transferable or redeemable for cash. There will be no further interest or earnings applied to accrued SUBWAY® Rewards. SUBWAY® Rewards accrued by more than one member in multiple accounts cannot be combined.

Conditions of Use & Disclaimers

  1. While every effort will be made to ensure the correct awarding of SUBWAY® Stamps and redemption of SUBWAY® Rewards, OTR takes no responsibility for errors associated with the SB4G1F and the use of SUBWAY® Rewards, and makes no guarantee of the availability of eligible SUBWAY® products at any time.
  2. Participating OTR sites may refuse to accept the presentation of an OTR App should they believe that the use is unauthorised, fraudulent or otherwise unlawful. OTR also reserves the right to cancel outright a member’s account and/or SUBWAY®  Rewards associated with any suspected unauthorised, fraudulent, or unlawful use.
  3. The number of SUBWAY® Stamps awarded for eligible purchases and/or sufficient for an SUBWAY® Reward may change from time to time without prior notice to SB4G1F participants, including without limitation in the course of special SUBWAY® promotions which OTR may run from time to time.
  4. SUBWAY® Stamps and SUBWAY® Rewards may also be awarded by other means (for example in the course of customer surveys or promotions) at the absolute discretion of OTR.

 

  1. If any services provided by OTR to you under these terms are within the scope of the Australian Consumer Law set out in Schedule Two of the Competition and Consumer Act 2010 (Cth) (“ACL“) then, subject to the provisions of the ACL, a number of guarantees will apply in respect of the services under the ACL including:
    1. the services being rendered with due care and skill;
    2. the services being fit for the purpose for which the services are being acquired, any disclosed purpose or being capable of achieving any disclosed result; and
    3. the services being supplied within a reasonable time.
    4. OTR does not offer any other guarantees other than those contained in the Consumer Guarantee provisions of the ACL, if applicable. OTR, to the maximum extent permissible by law, will not be liable for any loss, costs, expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with OTR’s provision of the SB4G1F to you (including the accrual of SUBWAY® Stamps or redemption of SUBWAY® Rewards), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
    5. OTR will not be held responsible for any tax liability incurred by a member in connection with  SB4G1F, including in relation to any reward, discount or entitlement offered.
    6. OTR will not be held liable for any communication to any member that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on a member’s email account or other system configuration problems.
    7. OTR reserves the right to alter these terms at any time or suspend, withdraw, cancel, withhold or deny access to or participation in SB4G1F at any time without prior notice in its absolute discretion. Any changes to these terms or suspension, withdrawal, cancellation, withholding or denying of access to or use of the SB4G1F will become effective at the time of posting on our website or when notified to you by email or through the OTR Application. If you continue to participate in SB4G1F after such changes have been made and communicated to you, your participation in SB4G1F will be subject to those changes. If such changes are not acceptable to you, you will be able to deactivate your OTR App account by sending an email to OTR at OTRApp@ontherun.com.au Upon deactivation of your OTR App account your SUBWAY® Stamps and SUBWAY® Rewards balance will be returned to zero.
    8. If for any reason the SB4G1F is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of OTR which corrupts or affects the administration, security, fairness, integrity or proper conduct of the SB4G1F, OTR reserves the right in its sole discretion to disqualify any SB4G1F participant, and to cancel, terminate, modify or suspend the SUBWAY® Stamps or SUBWAY® Rewards associated with SB4G1F, and shall not be responsible for any loss incurred for such action.
    9. OTR is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site or intranet site, or any combination thereof, including (but not limited to) any injury or damage to a member’s Mobile Device or any other person’s Mobile Device related to or resulting from participation in or downloading any materials associated with SB4G1F.
    10. OTR expressly reserves the right to terminate or alter (whether materially or otherwise) the SB4G1F or any user’s participation in SB4G1F at any time.
    11. Any breach of these terms by you whether intentional or otherwise may result in suspension or termination of your OTR App account and/or cancellation of accrued SUBWAY® Rewards at the sole discretion of OTR. In the event of suspension or termination of your membership your SUBWAY® Stamps balance will be returned to zero.
    12. OTR reserves the right to cancel or refuse to honour any attempt by you to redeem SUBWAY® Rewards which were obtained in breach of these terms at any time, without liability.
    13. OTR reserves the right to reverse or cancel any SUBWAY® Rewards credited to you incorrectly or not in accordance with or in breach of these terms at any time without liability.
    14. Information collected from you in connection with your SB4G1F membership will be used in accordance with these terms and the OTR Privacy Policy (http://www.ontherun.com.au/pages/privacy-policy/). By participating in SB4G1F, you agree that OTR may contact you, subject to the terms of the OTR Privacy Policy.
    15. OTR’s decisions in relation to all matters arising under the SB4G1F are final and binding, and no correspondence will be entered into.
    16. These terms and participation in SB4G1F are governed by and will be construed in accordance with the laws of the State of South Australia irrespective of where the application for membership has been completed by the member or submitted to OTR. Any action or other legal process with respect to any matter or thing in connection with these terms or membership in the ELC must, unless otherwise agreed to by OTR, be instituted and carried on only in the appropriate Court or tribunal of the State of South Australia.
    17. References to “OTR” in these terms are references to Peregrine Corporation of 270 The Parade, Kensington, SA 5068.
    18. References to “You”, “member” and  “Your” in these terms are references to individuals who lawfully download the OTR Application and register and activate the application and create a User Account.