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Terms and Conditions - Sports Boost

COLONIAL FIRST STATE SPORTS BOOST 2019 - VOTER 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.


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 win any prize, but they can submit a vote, subject to the following:(a) employees of the Promoter and its agencies who are directly involved in the conduct of the promotion are not permitted to vote; and (b) any such employee that is found to have voted will have their votes invalidated. 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 on 00:01am AEST on 09/09/2019 and ends at 11:59pm AEDST on 13/10/2019 (“Promotional Period”).


6. To enter, individuals must complete the following steps during the Promotional Period:(a) visit https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost.html;(b) follow the prompts to the promotional voting gallery;(c) input the requested personal details (including a valid email address); (d) select whether they are voting for an Individual Sports Boost, Team Sports Boost, or both; and(e) click the “vote” button corresponding to their favourite Finalist Bio featured on the voting page.


7. Only one (1) vote is permitted in each Individual Sports Boost category and Team Sports Boost category per person/voter and per email address. For clarity a person can submit a maximum of two (2) votes (1 per category) and receive up to two (2) entries.


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 / 210 Central Coast Hwy, Erina NSW 2250 on 14/10/2019 at 11am AEDST. 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 at https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost/how- to-enter.html from 14/10/2019.


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 Ionic valued at AUD$399.95(including any GST). Prizes will be delivered via Australia Post and within 28 days.


16. A winner accepts a prize at their own risk. Any tax liability arising as a result of accepting a prize is the responsibility of the winner. Independent financial advice should be sought.


17. 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.


18. 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.


19. 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.


20. Total prize pool value is AUD$3,999.50 (including any GST).


21. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.


22. A draw for any unclaimed prize(s) may take place on 14/01/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner(s) will be notified by email within two (2) business days of the draw and their name(s) will be published at https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost/how-to-enter.html from 14/01/2020.


23. 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.


24. 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.


25. Cost of entry via the internet is free but internet connection and usage rates may apply. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.


26. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.


27. 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.


28. 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.


29. 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 or winner’s companion 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.


30. Ikon Communications Pty Ltd (ACN 087 312 918) of L4/1 Kent Street, Millers Point, NSW 2000 (“Ikon”) collects personal information ("PI") on behalf of the Promoter in order to conduct and administer the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to the Promoter, agents, contractors, service providers, and prize suppliers. Participation is conditional on providing this PI. Ikon will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.ikoncommunications.com.au/legals/. The Privacy Policy also contains information about how participants may opt out, access, update or correct their PI, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All Nominations become the property of Ikon and the Promoter. Unless otherwise indicated by Ikon, Ikon may disclose personal information to entities outside of Australia (see the Privacy Policy for details).


31. The Promoter also collects PI in order to conduct the promotion and may, for this purpose, disclose such PI to its own third parties, including but not limited to agents, contractors, service providers and suppliers. Participation is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewedat 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 participant. The Privacy Policy also contains information about how participants may opt out, access, update or correct their PI, how participants may complainabout a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose participants’ PI to any entity outside of Australia.


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


NSW Permit No. LTPS/19/36101 ACT Permit No. TP19/03725