TERMS AND CONDITIONS

AustralianSuper Digital Guidance Survey (Promotion)

SCHEDULE

1. Entry into this Promotion is deemed to be acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of these Terms and Conditions generally.
2. Each entrant acknowledges that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of an entrant’s ineligibility to enter after the Promoter has awarded a Prize to the ineligible entrant. Return of a Prize or payment of its equivalent value to the Promoter can be required by the Promoter if this occurs.
3. The Promoter accepts no responsibility for any late, lost, misdirected, ineligible or illegible entries including entries not received by the Promoter; delays in the delivery of the entry due to technical issues or postal delays; or lost, stolen, forged, defaced or damaged proof of entry.
4. Entrants acknowledge and agree that the content of their entries (Entry Content) and their name and contact details may be published by the Promoter in such manner as the Promoter sees fit. The Promoter reserves the right to use the Entry Content for the purpose of future promotions.
5. The Administrator reserves the right to shortlist additional valid reserve entries and record them in case a Winner’s entry is deemed to be an invalid entry or ineligible and the Administrator elects to draw upon such reserve entries.
6. Where a Winner cannot be found, this fact will be published on the Promoter’s and/or Administrator’s website.
7. Where there has been a redraw for an unclaimed Prize (Unclaimed Prize Draw), the Winner of the Unclaimed Prize Draw will be notified within 2 days of the Unclaimed Prize Draw by email. Winners of any Unclaimed Prize Draw may also be published on the Promoter’s website.  If a Prize remains unclaimed for a period of 3 months after the Unclaimed Prize Draw, the Prize will be forfeited by the Winner and will not be redrawn.
8. If for any reason any elements of the specified Prizes are unavailable, the Promoter reserves the right to replace it with a prize, or element of it, of the same or higher value and of similar specification.
9. Prizes are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent.
10. The Promoter accepts no responsibility for any tax implications that may arise from winning of the Prizes. Independent financial advice should be sought.
11. The Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, in relation to the Promotion or the acceptability of the quality or fitness for a particular purpose regarding any Prize or any component of any Prize.
12. All entries must be submitted by a person and any automated entries, fraudulent entries or entries by persons using an alias shall be invalid.
13. Entrants warrant and agree that their Entry Content will at all times be:

 a) the original independent creation of the entrant;

b) exclusively and solely owned by the entrant (including the copyright therein); and

c) free of any claims, including copyright or trademark claims by other parties.

   14. Entrants warrant and agree that their entry and the Entry Content (in whole or in part):

d) have not been published previously;

e) have not won prizes or awards in other competitions;

f) do not and will not infringe any third party rights (including intellectual property rights or rights of privacy, publicity or confidentiality);

g) are not unlawful, fraudulent, defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, insulting, scandalous, inflammatory, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, unsuitable for children under 15, or otherwise unsuitable for publication or objectionable; and

h) will not contain viruses or cause injury or harm to any person or entity.

15. If for any reason this Promotion is not capable of running as planned, including without limitation due to, infection by computer virus, bugs,    tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion or the reputation of this Promotion or that of the Promoter, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, or to cancel, terminate, modify or suspend this Promotion, subject to regulatory approval, if required.

16. The Promoter reserves the right, at any time and in its sole discretion to:

a) conduct security and/or verification checks to verify the validity of entries and entrants (including their eligibility to enter);

b) disqualify any entrant whose entry is not in accordance with these Terms and Conditions;

c) disqualify any individual who tampers with, or benefits from another person tampering with, the entry process;

d) disqualify any entrant who disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; and

e) disqualify any entrant who engages in conduct which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.

17. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

18. Incomplete, indecipherable, or illegible entries will be deemed invalid. If there is a dispute as to the identity or details of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity or details of the entrant.

19. Any cost associated with accessing the Promoter’s website is the entrant’s sole responsibility and is dependent on the internet service provider used. The Promoter accepts no responsibility for entrants’ use (or attempted use) of the Promoter’s website.

20. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity, loss of business or loss of goodwill or loss of profits); whether direct, indirect, special or consequential, arising in any way out of this Promotion, including without limitation, where arising out of the following:

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 cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter or otherwise);

d) any variation in Prize value or specification to that stated or referred to in these Terms and Conditions;

e) any tax liability or similar charge incurred by a Winner or the entrant; or

f) the use or attempted use of a Prize by a Winner or any other third party.

21. The Entry Content and the intellectual property rights in the Entry Content become the property of the Promoter. Once submitted, no changes to or withdrawal of an entry will be permitted. Entries will not be returned by the Promoter.
22. The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
23. If you have any queries or concerns about the way in which the Promotion has been conducted or the claiming of the Prize, please contact the Promotor at the address in Item 1 of these Terms and Conditions. The Promoter’s decisions in relation to this Promotion (including decisions of the Administrator when acting on behalf of the Promoter) are final and no further correspondence or communication will be entered into in relation to the selection of the Winner(s) or any other aspect of this Promotion.
24. Entrant personal information (PI) will be collected to enable the Promoter to administer and promote this Promotion. The PI of entrants may be provided to the Promoter’s staff, contractors and third parties assisting in the administration and fulfilment of the Promotion, including the Administrator (if there is an Administrator identified in Item 2 of these Terms and Conditions), Prize suppliers and delivery companies.  Entrants may contact the Promoter’s Privacy Officer (privacy@australiansuper.com) to request access to or correction of any of their collected PI that is held by the Promoter at Level 30, 130 Lonsdale Street, Melbourne, Victoria 3000.  Entrants may also make any privacy related complaints to the Promoter’s Privacy Officer at the above address.  If an entrant does not truthfully provide all requested PI, the Promoter may determine that they are not eligible to win a Prize.  For further information outlining the ways in which the Promoter processes your PI, the Promoter’s Privacy Policy can be found at australiansuper.com/privacy.  Where there is an Administrator identified in Item 2 of these Terms and Conditions, the Administrator’s Privacy Policy can be found at the location identified in Item 2 of these Terms and Conditions.