AGL SALES PTY LIMITED – Win The Major Prize (prize valued at $7,500)

AGL SALES PTY LIMITED
“WIN 1 MILLION FLYBUYS BONUS POINTS” COMPETITION
TERMS AND CONDITIONS
1. Information on how to enter and the prize forms part of these Terms and Conditions. Entry into the
competition is deemed acceptance of these Terms and Conditions.
The Promoter
2. The Promoter is AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street,
Sydney NSW 2000 (“AGL”). Telephone 131 245.
Who can enter?
3. Entry is only open to Western Australian residents who reside in an area where AGL supplies gas.
4. Employees and contractors of AGL and the agencies associated with this competition and the
immediate families of all such employees and contractors 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.
How to enter
5. The competition commences on Monday 16 April 2018 at 00:01 (AEDT) and concludes on Monday
1 October 2018 at 23:59 (AEST) (the “Promotional Period”).
6. The competition will be advertised in Western Australia through various media.
7. To receive automatic entry to the competition, eligible individuals must either:
a. be an existing AGL Western Australian residential gas customer when the competition
commences, and have linked their flybuys membership account to their AGL gas account
before the end of the Promotional Period; or
b. sign up to a new AGL Western Australian residential gas plan during the Promotional
Period; and
c. continue to be an AGL Western Australian residential gas customer when the Promotional
Period concludes
(‘Eligible Entrant’).
8. To be eligible to claim the prize if drawn as a winner, Eligible Entrants must not have initiated a
cancellation of their AGL Western Australia residential gas plan prior to receiving the prize, and must
have linked their flybuys membership account to their AGL gas account.
10. Only one (1) entry permitted per customer.
Promoter’s rights with respect to entries and entrants
11. The Promoter reserves the right to request that the winner provides proof of identity and proof of
eligibility in order to claim the prize. Proof of identification, eligibility and entry that is considered
suitable for verification by the Promoter will be determined at the full discretion of the Promoter. In the
event that the winner cannot provide suitable proof to the satisfaction of the Promoter, the winner will
forfeit the prize in whole and no substitute prize will be offered.
12. 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 entry of any entrant who tampers with the entry process, who submits an entry that is
not in accordance with these Terms & Conditions or who has, in the opinion of the Promoter, engaged
in conduct in entering the competition which is fraudulent, misleading, deceptive or generally
damaging to the goodwill or reputation of the competition and/or Promoter. The Promoter reserves the
right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is
of a type described in this clause. 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.
13. 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 or to deny the prize to an individual whose identity is
unable to be verified to the satisfaction of the Promoter.
The Draw & Winner Notification
14. One (1) valid entry will be randomly selected from all eligible entries received during the
Promotional Period to become the Major Prize winner. Ten (10) valid entries will subsequently be
randomly selected from all eligible entries received during the Promotional Period to become the
Minor Prize winners. The draw will take place at Engage Australia at Level 8, 56 Clarence Street,
Sydney, NSW 2000 on Thursday 25 October 2018 at 14:00 (AEST).
15. The winners will be notified by phone and in writing within five (5) business days of the draw, and
their name will be published online on www.agl.com.au/waprize from Thursday 1 November 2018.
The Prize
16. The first valid entry randomly drawn will win the Major Prize, being one million (1,000,000) flybuys
bonus points (valued at $5,000). Ten (10) randomly drawn runners up will win a Minor Prize, being
fifty thousand (50,000) flybuys bonus points (valued at $250).
17. Total prize value is $7,500.
Value of prizes is shown as a guide only and was correct at time of printing. The Promoter accepts no
responsibility for any variation in the prize value
18. The flybuys bonus points will be awarded and credited to the winner’s linked flybuys account
within 90 days of notification. The redemption of the flybuys bonus points is subject to flybuys’
standard Terms and Conditions which are available at www.flybuys.com.au.
19. If the 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. By accepting the prize, the winner agrees to participate in and co-operate as required with all
reasonable media editorial requests relating to the prize, including but not limited to, being
interviewed, photographed, and/or filmed. It is a condition of accepting the prize that the winner must
comply with all the conditions of use of the prize and the prize supplier’s/Promoter’s requirements.
21. In consideration of the Promoter awarding the prize to the winner, the winner hereby permits their
image and/or voice, as recorded, photographed or filmed to appear in connection with any advertising
or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled
to any fee for such use.
22. Subject to any direction given under relevant State legislation, in the relevant circumstances, an
unclaimed prize draw (including in relation to prizes that have been forfeited) will take place at
Engage Australia at Level 8, 56 Clarence Street, Sydney, NSW 2000 on Friday 9 November 2018 at
14:00 (AEDT). The winner(s) of the unclaimed prize draw will be notified of their prize in writing within
(2) business days of the draw and their name will be published online on www.agl.com.au/waprize
from Wednesday 7 November 2018.
No Liability of the Promoter
23. Independent financial advice should be sought as tax implications may arise as a result of
accepting the prize.
24. Should an entrant’s contact details change during the Promotional Period, it is the entrant’s
responsibility to notify the Promoter. A request to access or modify any information provided in an
entry should be directed to the Promoter.
25. It is a condition of accepting the prize that the winner may be required to sign legal documentation
deemed necessary, in a form determined by the Promoter and/or prize suppliers, in their absolute
discretion, including but not limited to a legal release and indemnity form.
26. In the case of the intervention of any outside act, agent or event which prevents or significantly
hinders the Promoter’s ability to proceed with the competition on the dates and in the manner
described in these Terms and Conditions, including but not limited to vandalism, power failures,
tempests, natural disasters, acts of God, civil unrest, strike, war, acts of terrorism, the Promoter may
in its absolute discretion cancel the competition and recommence it from the start on the same
conditions, subject to any written directions given under State Regulation.
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 competition.
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 and/or
use of the prize.
29. The Promoter and its associated companies assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorised access to, or alteration of entries, and reserves the right to take any
action that may be available.
30. If for any reason this competition is not capable of running as planned, including due to infection
by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes
beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or
integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to
disqualify any individual who tampers with the entry process, take any action that may be available,
and to cancel, terminate, modify or suspend the competition, subject to any written direction given
under State Regulation.
31. This promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook, Twitter, Instagram or any other Social Network and all Entrants release Facebook from
any liability whatsoever in connection with this promotion.
Privacy and Consent of the entrant
32. All entries become the property of the Promoter.
33. The personal information of entrants will be collected to enable the Promoter to administer and
promote this competition and may be used to market the Promoter’s services to the entrant. If
personal information is not given, participants cannot be entered into the competition. The personal
information of the entrants will be held and used in accordance with the Promoter’s privacy policy
which is available at www.agl.com.au. 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 personal
information for promotional, marketing, publicity, research and profiling purposes, including
telephoning the entrant. The privacy policy also contains information about 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. Unless otherwise indicated by the Promoter, the Promoter may
disclose personal information to entities outside of Australia.
34. Entrants’ personal information may also be disclosed to the relevant State lottery department and
the winner’s name published as required under the relevant State lottery legislation. A request to
access, update or correct any information should be directed to the Promoter.