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Terms and Conditions - Sports Boost

COLONIAL FIRST STATE SPORTS BOOST PUBLIC VOTE PROMOTION

 

 

 

TERMS AND CONDITIONS

 

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

2. Entry is only open to Australian residents aged 13 years or over.

 

3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

 

4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family 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.

 

5. The promotion commences at 12:01am on 01/06/2017 and final entries close at 11:59pm AEST on 30/06/2017 (“Promotional Period”).

 

6. To enter, individuals must complete the following steps during the Promotional Period:


(a) visit the Colonial First State Website at http://www.colonialfirstate.com.au/sportsboost
(b) follow the prompts to the ‘Sports Boost’ voting page;
(c) input the requested details as prompted (including their full name, a valid email address and telephone number);
(d) submit a valid vote for their favourite “Sports Boost Top Ten Finalist” (“Finalist”) by clicking “Submit Form”; and
(e) submit the fully completed Sports Boost voting form.

 

7. Only one (1) entry/vote is permitted per person.

 

8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

 

9. The Promoter reserves the right, at any time to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.

 

10. Incomplete or indecipherable entries will be deemed invalid.

 

11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

 

12. The draw will take place at Anisimoff Legal of Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 03/07/2017 at 11am AEST. Anisimoff Legal may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

 

13. Winners will be notified by email within two (2) business days of the draw and their names will be published on the Website and/or Facebook page from 07/07/2017.

 

14. The Promoter’s decision is final and no correspondence will be entered into.

 

15. The first ten (10) valid entries drawn will each win a Fitbit Surge valued at $399.95. Colour of Fitbit Surge to be awarded is to be determined by the Promoter in its absolute discretion.

 

16. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.

 

17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.

 

18. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

 

19. Total prize pool value is $3,999.50.

 

20. Prizes are not transferable or exchangeable and cannot be taken as cash.

 

21. A draw for any unclaimed prizes may take place on 26/09/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified by email within two (2) business days of the draw and their names will be published on the Website and/or Facebook page from 27/09/2017

 

22. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

 

23. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

24. Any cost associated with accessing the promotional website or Facebook is the entrant’s responsibility and is dependent on the Internet service provider used.

 

25. 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 Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, 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.

 

26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/redeeming a prize.

 

27. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

 

28. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www3.colonialfirststate.com.au/about-us/terms-and-disclosure/privacy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

 

29. The Promoter is Colonial First State Investments Limited (ABN 98 002 348 352) of 11 Harbour Street, Sydney NSW 2000. Telephone 1300 360 645. (TBC)

 

NSW Permit No. LTPS/16/03607 ACT Permit No. TP16/00905 (TBC)