“BENCHMARK SURVEY 4 X $1,000 PRIZE” 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 who receive an email (“eDM”) from the Promoter’s survey partner McNair Ingenuity regarding this promotion.
  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. Promotion commences on 19/09/2017 and ends at 11:59pm AEDST on 03/10/2017 (“Promotional Period”).
  6. To enter, individuals must, during the Promotional Period, click on the link contained within the eDM, follow the prompts to the promotion entry page, fully complete the online entry form (including their full name, email address and their answers to the online survey) and submit the fully completed entry form.
  7. 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.
  8. Incomplete or indecipherable entries will be deemed invalid.
  9. Only one (1) entry permitted per person.
  10. 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.
  11. The draw will take place at McNair Ingenuity, Level 4, 270 Pacific Highway, Crows Nest NSW 2065 on 05/10/2017 at 11am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing via email within two (2) business days of the draw and their names will be published at http://www.bandt.com.au/ from 09/10/2017.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. The first four (4) valid entries drawn will each win a $1,000 EFTPOS Gift Card.
  14. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
  15. If a winner of the 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.
  16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem the prize by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  17. 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.
  18. Total prize pool value is $4,000.
  19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  20. A draw for any unclaimed prizes may take place on 08/01/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing via email within two (2) business days of the draw and their names will be published at http://www.bandt.com.au/ from 11/01/2018.
  21. 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.
  22. 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.
  23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  24. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
  25. 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) use of a prize.

The Promoter’s survey partner, McNair Ingenuity is conducting this promotion on behalf of the Promoter and will be collecting 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. McNair Ingenuity will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://mcnair.com.au/privacy/. 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 and McNair Ingenuity will not disclose entrant’s PI to any entity outside of Australia.

NSW Permit No. LTPS/17/17768 ACT Permit No. TP17/01848