Afterpay – Win 1 of 4 prize packs valued at up to $2,000 each
TERMS AND CONDITIONS
PARTICIPATION
1. Information on how to enter the “Afterpay Christmas Promotion” (Promotion) and the prizes form part of these Terms and Conditions. By participating, Entrants (as defined below) agree to be bound by these Terms and Conditions. The Promotion is not valid in conjunction with any other competition, special, discount or promotional offer unless indicated otherwise.
The promoter in Australia is Afterpay Pty Ltd (ABN 15 169 342 947) of (Level 5, 406 Collins Street Melbourne VIC 3000), and the promoter in New Zealand is Afterpay NZ Limited (NZBN 9429046246837) of (Level 12, 55 Shortland Street Auckland Central Auckland New Zealand 1010) (jointly and severally the Promoter).
2. Entry is only open to Australian and New Zealand residents aged 18 years or over (Entrants). Employees (and their immediate families) of the Promoter and agencies associated with this Promotion are ineligible to enter.
3. The Promotion commences at 12:01am (AEDT) | 2:01am (NZDT) on 1 December 2018 and entries close at 11:59pm (AEDT) on 16 December 2018 | 1:59am (NZDT) on 17 December 2018 (Promotional Period).
ENTRY
4. To automatically enter the Promotion, Entrants must, during the Promotional Period, make a purchase at a Participating Retailer (defined below) using the Afterpay payment service as the payment method (Qualifying Transaction). A Participating Retailer means an in-store retailer located in either Australia or New Zealand who accepts Afterpay as a payment method (Participating Retailer). Purchases made at online retailers using Afterpay are excluded from the Promotion. For the avoidance of doubt, the number of purchases made through the Afterpay platform equal the number of entries. There is no limit to the number of entries, however, purchases must be in accordance with the entrants’ Afterpay account status. For the avoidance of doubt, this promotion does not limit or otherwise affect an entrant’s obligations with respect to their Afterpay account.
5. All entries must be received by the Promoter during the Promotional Period. Records of the Promoter are final and conclusive as to time of receipt. Entrants who are not in compliance with the Promoter’s Afterpay general service terms at the time of the draw will be deemed invalid.
6. 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 Entrant 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.
7. 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.
PRIZES
There will be four (4) prizes (Prizes) awarded in this Promotion each valued at $2002.96, comprising products listed in below Schedule. The random prize draw will take place at Telads Australia Pty Ltd, 123 Margaret Street Toowoomba QLD 4350 on 19 December at 2pm AEDT | 4pm NZDT. The Promoter may draw additional reserve entries and record them (in the order in which they were drawn) in case an invalid entry or ineligible Entrant is drawn. The winners of the Prizes will be notified in writing by email within two (2) NSW business days of the draw and their names will be published online at www.afterpay.com.au. If any winners are from South Australia, then those winners will be published in The Advertiser on the same date as published on the above website.
8. The first four (4) valid entries drawn will each win the Prize as set out in the Schedule.
9. A draw for any unclaimed Prize, may take place on 18 March 2019 at the same time and place as the original Prize draw, subject to any directions from a regulatory authority. The winners (if any) will be notified by email within two (2) NSW business days of the draw and their name will be published online at www.afterpay.com.au from 27 March 2019. South Australian winners, if any, will be published in The Advertiser on the same date as published on the above website.
GENERAL
10. The total prize pool for this Promotion is AUD$8011.84.
11. The Promoter’s decision in all matters relating to this Promotion is final and no correspondence will be entered into.
12. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
13. If a Prize (or an element of a Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that element of the Prize) with another Prize of equal value and/or specification, subject to any written directions from a regulatory authority.
14. If for any reason a winner does not use, redeem or take a Prize (or an element of a Prize) by or at the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited and will not be redeemable for cash.
15. Entrants who win a Prize consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Promotion (including any outcome), and promoting any services, distributed and/or supplied by the Promoter.
16. 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.
17. 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 or New Zealand (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) exclude 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.
18. 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, redemption or taking of a Prize.
19. As a condition of accepting the Prize, the Prize 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.
The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian and New Zealand regulatory authorities. Entry is conditional on Entrants providing their personal information. The Promoter will collect, store, use and disclose personal information as set out in the Promoter’s Australian or New Zealand Privacy Policy, which can be viewed at here for Australian Entrants or here for New Zealand Entrants. In addition to any use that may be outlined in the Promoter’s Privacy Policies, the Promoter may, for an indefinite period, unless otherwise advised, use the personal information 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 personal information, how Australian Entrants may complain about 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 personal information outside of Australia or New Zealand. All entries become the property of the Promoter.
20. The laws in force in Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the jurisdiction of the courts of Australia.
NSW PERMIT NO. LTPS/18/INSERT; ACT PERMIT NO. TP 18/INSERT; SA PERMIT NO. T18/INSERT
Schedule
Each prize consists of the following:
UE Boom Speaker
Go Pro Hero 7
Country Road overnight bag
Country Road picnic blanket
Lalucie Recycled Picnic table
Sunnylife Malibu inflatable drink holders
Sunnylife Flamingo inflatable pool
2x Sunnylife Pool rings
The Beach People Nomad round beach towel
Intaxx Polaroid Camera
Polaroid film pack
Byron Bay Cookie set
Pack of Xmas bon-bons
BBQ Cookbook
Kollab Cooler bag
The Beach People kids beach robe
Finska World Beach Cricket set
The Beach People linen tote bag
Glasshouse Amalfi Coast candle
Givino Cocktail pack
Sand castle bucket
Original Grip Ball
Candy Canes
WeDo Card Game
Chocolates
Prize total: $2002.96
