TERMS AND CONDITIONS OF ENTRY INTO WESTPAC’S ONLINE AND MOBILE ACTIVATION CAMPAIGN (THE “PROMOTION”)
Information on how to enter and prize details form part of these terms and conditions; however, to the extent that there is any inconsistency between these terms and conditions and any other published material, these terms and conditions will prevail. By participating in this Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.
The promoter is Westpac Banking Corporation ABN 33 007 457 141 of 275 Kent Street, Sydney, NSW (“Westpac” or the “Promoter”), tel: 132 032 . The Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) will be known as the “Westpac Group”.
The Promotion commences at 12.01am Eastern Standard Time (“EST”) on 20 September 2011 and closes at 11.59pm Eastern Daylight Savings Time (“EDST”) on 28 October 2011 (the “Promotion Period”).
Entry is open to all residents of Australia over the age of 18 years who submit a valid entry in accordance with clause 6 during the Promotion Period (an “Eligible Entrant”). Employees and contractors of the Westpac Group and their immediate families are ineligible to enter. In the event that an account with the Promoter is held in joint names, the Eligible Entrant will be the person first named on that account.
Any person who submits an entry who would otherwise be an Eligible Entrant but who does not wish to enter the Promotion may advise the Promoter by calling 132 032 and that Eligible Entrant will be deemed ineligible to enter Promotion.
Entry into this Promotion is automatic. To enter this Promotion, an Eligible Entrant must, during the Promotion Period: (a) Be an existing Westpac Online Banking, Business Online Banking or mobile banking customer, or register to become a Westpac Online Banking, Business Online Banking or mobile banking customer by: (i) Calling 132 032 to obtain your customer number and password, (ii) For business customers, use the Business Online Registration process located on the Westpac website at: http://www.morello-dev-au.srv.westpac.com.au/business-banking/business-banking-online/register/, and (b) use online or mobile banking to make a Payment via Westpac Online Banking or Business Online Banking. “Payment” means and includes any of the following: (i) using Bpay to pay an account/invoice; (ii) using Pay Anyone to transfer money to a third party’s account; (iii) funds being transferred (either to a different account or externally to a third party) via a periodical payment; (iv) transfer of funds between accounts; (v) order a bank cheque; (vi) make a tax payment ; (vii) overseas transfer ; (an “Entry”). No responsibility will be accepted by the Promoter for lost, late, incomplete, illegible, or misdirected Entries.
Multiple Entries are permitted. Eligible Entrants will receive one entry into the draw for each valid Entry submitted during the Promotion Period, up to a total of three Entries per day. All subsequent Entries will be discarded.
There are three prizes available. Each prize consists of $10,000 cash each at time of publication (the “Prize”). The total retail value of all Prizes offered under this Promotion is $30,000 at time of publication. The Promoter takes no responsibility for any variation in the Prize value. The Prize is not transferable or exchangeable.
The prize draw will be conducted on 31 October 2011 at Level 29, 275 Kent Street, Sydney at 1pm EDST (the “Draw”). The winner will be determined by way of a random selection from a computer database containing all Entries from Eligible Entrants. The Eligible Entrants that submitted the first three Entries drawn will each receive a Prize (the “Winners”). With the exception of Entrants from South Australia, a Winner may only win one Prize in this Promotion.
The allocation of the Prize to the Winner is final and the Promoter will not enter into any correspondence in relation to the Prize or the Promotion. If the Promoter cannot determine whether the primary account holder or a joint, supplemental or additional account holder submitted the Prize-winning Entry, the Prize will be awarded to the primary account holder of the account used to make the winning Entry.
The Winner(s) will be notified by phone and in writing using the details associated with their Westpac Account on 31 October 2011. In the event the winner can not be contacted on this day, the Promoter will continue to attempt to contact the Winner up until the Prize claim deadline outlined in these terms and conditions. The name(s) of the Winner(s) will also be published in the Public Notices section of The Australian Newspaper on 7 November 2011. Eligible Entrants are responsible for keeping the Promoter informed of any changes to their contact information during and immediately following the Promotion Period. To claim the Prize, the winner must respond to the notification in the manner that will be set out in the notification letter.
The Prize will be credited to the Westpac Account nominated by the Winner (as disclosed by the Winner upon Entry, or alternatively as notified to the Promoter upon notification of the Winner) within 28 days of the date of the Draw. If the winner is a Business Customer, it will be credited to the Business account owner.
The Winner may be liable to declare the Prize for taxation purposes and will be liable for any tax payable in respect of a Prize. Eligible Entrants should seek independent financial advice in relation to any tax payable on the Prize and the potential impact on their personal financial situation prior to entering the Promotion.
If any Prize is not claimed by 1 February 2012, the Promoter may conduct such further draws at Level 29, 275 Kent Street, Sydney, as may be necessary to apportion such unclaimed Prize. The Promoter will comply with any applicable legislation regarding any unclaimed Prize and any written directions of any competent authority in that regard. If permitted by the applicable legislation, the Promoter will conduct a redraw at 1pm EDST on 2 February 2012. The winner will be notified by phone and in writing using the details associated with their Westpac Account on 2 February 2012 and the Winner’s name will also be published in the Public Notices section of The Australian Newspaper on 9 February 2012. Eligible Entrants are responsible for keeping the Promoter informed of any changes to their contact information during and immediately following the Promotion Period. To claim the Prize, the winner must respond to the notification in the manner that will be set out in the notification letter.
Except for guarantees, warranties and conditions implied by law which cannot be excluded, neither the Promoter nor any other member of the Westpac Group make any guarantees, representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these terms and conditions.
Nothing in these terms and conditions is intended to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Corporations Act 2001, the Competition and Consumer Act 2010, Australian Consumer Law or any equivalent State or Territory legislation. If any guarantee, warranty, term or conditions implied or imposed under the Australian Consumer Law or any other applicable legislation in relation to any prizes awarded under these terms and conditions cannot be excluded (a “Non-Excludable Provision”) and the Promoter is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of the Promoter and all members of the Westpac Group for breach of the Non-Excludable Provision is limited to one or more of the following at the Promoter's option: (i) the replacement of the prize or the supply of an equivalent prize, (ii) the repair of the prize, (iii) the supplying of the prize again, (iv) the payment of the cost of replacing the prize or of acquiring an equivalent prize, (v) the payment of the cost of having the prize repaired; or (vi) the payment of the costs of having the prize supplied again.
To the maximum extent permitted by law, the Promoter and all other members of the Westpac Group expressly disclaim liability for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained in connection with any participant’s participation in this Promotion or the acceptance of any Prize. The Winner indemnifies the Promoter and all members of the Westpac Group against any liability, injury, loss or damage which may be suffered, incurred or sustained by the Promoter or any member of the Westpac Group arising out of, relating to, or in any way connected with, any act or omission (including negligence) by the Winner, or its use of the Prize, or its breach of these terms and conditions.
Representatives of the Westpac Group Legal Department have been appointed to confirm that the processes followed by the Promoter provide reasonable assurance that all persons who are entitled to participate in the Promotion are entered and that the Promotion is fair. In the event of a dispute those representatives will act as adjudicators and their decision will be final and no correspondence will be entered into.
Neither the Promoter nor any other member of the Westpac Group will be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet.
If this Promotion is not capable of running as planned for any reason (including but not limited to failure or malfunction of any computer equipment by reason of infection by computer virus, power failure, bugs, tampering, unauthorized intervention, fraud, or technical failures or any other causes which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right in its sole discretion to disqualify any individual who undermines the integrity or fair funning of the Promotion for other entrants, including by tampering with the entry process, and, after consulting with the relevant legislative authorities, to cancel, terminate, modify or suspend the Promotion.
Authorised under trade promotion permits: NSW LTPS-11-0890, VIC 11/2008, ACT TP 11/0384, SA T11/2013