SPLEND DRIVER SURVEY COMPETITION WIN $250 CREDIT– SPLEND AUSTRALIA
The following terms govern the competitions promoted by Splend Pty Ltd and are made up of two parts: Part 1 is the terms and conditions schedule (“Terms Schedule”) and Part 2 are the terms and conditions (“Terms and conditions”).
By submitting an entry, entrants warrant that they have read, understood, and agree to be bound by these Terms and Conditions and the Terms Schedule.
PART 1: TERMS AND CONDITIONS SCHEDULE
Item 1: Promotion name: WIN $250 Splend Customer Credit with Splend Australia (“Promotion”).
Item 2: Permit Number: N/A
Item 3: Promoter: The promoter is Splend Pty Ltd of 1-5 Hawthorn Parade, Haberfield NSW 2045 (ABN 37 606 580 161) (the “Promoter”).
Item 4: Website: www.splend.com.au (the “Website”).
Item 5: Promotion registration dates and times: The Promotional Period commences at 12.01am AEST on 22 August 2024 and finishes at 11:59pm AEST on 27 August 2024. (“Promotional Period”).
Item 6: Promotion contesting dates and times: The Promotional Period commences at 12.01am AEST on 22 August 2024 and finishes at 11:59pm AEST on 27 August 2024.
Item 7: Entrant restrictions: Competition entry is only open to:
- Participants who are aged 23 and over;
- Australian residents; and
- Active Splend customers in Australia.
Item 8: Method of entry: To participate, an entrant must do the following to get an entry into the draw:
- Complete the Splend Driver Survey sent via email to eligible Splend customers before the survey cut off time of 11:59pm on 27 August 2024.
Item 9: Draw details: The Draw will take place at 10am AEST on 4 September 2024 (the “Draw Date”), at Splend Pty Ltd of 1-5 Hawthorne Parade, Haberfield NSW 2045 (ABN 37 606 580 161).
One valid entry will be selected, based on random selection at the Promoter’s discretion (this is a “Game of Chance”).
- First fivedrawn entries will be the winners of the $250 credit.
- The Promoter’s decision is final, and no correspondence will be entered into in this regard.
- The winner(s) will be notified via the phone number provided as part of the Promotion within 7 business days of the Draw date.
Item 10: Prize details and collection: Five (5) winners will each receive $250 credit to be added to their Splend account. Total prize pool is $1250.
Item 11: Prize winner publication details: Winners will be notified by phone and listed on the Website within 7 business days of the Draw Date. The winners will be listed on the Website for a minimum period of 28 days from the Draw Date.
Item 12: Unclaimed prize draw date and publication date:
Subject to clause 12 of the Terms and Conditions, if for any reason a winner does not redeem the prize within 28 days of the Draw Date or any other time stipulated by the Promoter, then the prize will be forfeited by that winner.
If the prize has not been accepted or claimed by the Draw Date or any other time stipulated by the Promoter, or if after making all reasonable attempts to contact the winner, the Promoter cannot find the winner, the Promoter will redraw from the remaining entrants on 10am AEST on 9 October 2024 or soon thereafter.
The Promoter will update the Website if a redraw is required.
Item 13: Other conditions:
- Entrants must complete the Splend Driver Survey sent to them via email, including providing their name and contact details and press “Submit”. Incomplete surveys, including those who have not pressed “Submit” will not be eligible for entry into the promotion.
- Customers must be active Splend Customers at the time the prize is awarded to be eleigble for the prize as the prize is a credit to reduce their weekly payment amount. Any customers who have terminated their contracts or had their contracts terminated shall not be eligible for the prize.
Item 14: Promoters contact details: To contact the promoter of the competition, please call Splend on 1800 775 363.
Item 15: Personal Information: All personal information collected as part of this Promotion will be collected and used in accordance with clause 22 of the Terms and Conditions and the Promoter’s Privacy Policy.
PART 2: TERMS AND CONDITIONS
1. Introduction
- By submitting an entry into this Promotion in accordance with the method set out in Item 8, entrants warrant that they have read, understood and agree to be bound by these Terms and Conditions and the Terms and Conditions Schedule.
- To the extent that there is any inconsistency between the Terms and Conditions Schedule and these Terms and Conditions, the Terms and Conditions Schedule will prevail.
- These Terms and Conditions can be downloaded from the website listed in Item 4: Website of the Terms and Conditions Schedule.
2. Duration
- Entry into this Promotion will occur in accordance with Item 5: Promotion Registration Dates and Times and Item 6: Promotion Contesting Dates and Times.
- The Promoter reserves the right to extend the Promotional Period at its own discretion and will notify all entrants via email and update the Website accordingly.
3. Eligibility
- Entry is only open to Australian residents aged 23 years and older.
- The following persons are not eligible to enter:
- Employees and the immediate families (including spouses and de facto spouses) of the Promoter and its related bodies corporate; and
- Employees and the immediate families (including spouses and de facto spouses) of all associated sponsors and participating companies.
- Entrants warrant that they are entering this Promotion in a wholly private nature and are not entering on behalf of a business or enterprise activity they are involved in.
- It is the responsibility of all entrants to ensure they are eligible under these Terms and Conditions and all applicable laws to accept the prize offered as part of the Draw.
- Illegible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified.
- To be eligible to win, entrants must have an active Splend account.
4. Method of entry
- Entrants must enter this Promotion in accordance with Item 8: Method of Entry.
- Entrants who have not complied with Item 8: Method of Entry will be disqualified.
- The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of the Promoter.
- Entrants will also be disqualified if they:
- tamper with the entry process (including but not limited to manipulating any online system via bots, script or other methods to circumvent the entry process);
- engage in any conduct that may jeopardise the fair and proper conduct of the Promotion;
- act in a disruptive, annoying, threatening, abusive or harassing manner;
- breach any law;
- otherwise behave in a way that is otherwise inappropriate.
- Any person who is discovered to have used or attempted to use more than one name in entering the Promotion will be disqualified from participating in the Promotion and/or redeeming a prize.
- Unless otherwise stated in these Terms and Conditions, persons may not enter or participate in it on behalf of any third party.
- All entrants acknowledge that the Promoter may rely on clause 4 or any other breach of these Terms and Conditions even after the Promoter has awarded or appeared to have awarded the prize to a person or after a person is announced as the prize winner. The Promoter reserves the right to require the return of the prize or payment of its value to the Promoter if this occurs.
- Should an entrant’s contact details change during the Promotion 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.
- The Promoter is not responsible if any electronic device is not sufficiently capable for the purposes of making an entry or otherwise communicating with the Promoter.
5. Draw/judging Prizes will be electronically drawn using a random number generator.
6. Prize(s)
- All prizes are awarded in accordance with Item 10: Prize Details.
- All prize values:
- are in Australian dollars; and
- are correct at the commencement of the Promotional Period.
- The Promoter takes no responsibility for variations in the prize value.
7. Prize conditions
- The Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or services awarded as a prize.
- All prizes are:
- are not redeemable for cash.
- Cash will not be awarded in lieu of the prize
- The Promoter reserves the right to exclude any persons from the Promotion on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:
- a contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or
- the safety of any of the Promoter’s staff members are compromised.
- The Promoter will not award the prize if the Promotion is terminated for whatever reason.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
- If a dispute arises between any entrant, winner and the Promoter, the Promoter agrees that it will take all reasonable steps to consider and respond within a reasonable time to the dispute. In all other respects, the Promoter’s decision in connection with all aspects of this Promotion is final.
8. Notifications
- All prize winner(s) will be notified by the phone number, within 7 business days of the Draw Date, they have provided as part of the Promotion entry per Item 8: Method of Entry.
- Details (last name, first initial and postcode) of the winners will be published on the Website on or from 11 September for a minimum period of 28 days.
9. Prize collection
- The winners will receive their Prize from the Promoter by the Promoter crediting it to their Splend account not more than 28 days after the winner has been notified.
- If a winner does not collect their Prize by the date set out in clause 9.2, then the Promoter may deem the prizes to be unclaimed in accordance with clause 12 and a redraw will take place on the date listed in Item 12.
- The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency, active Australian bank details, and/or entry validity considered suitable for verification is at the Promoter’s discretion.
- In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- All prize winners must sign terms and conditions in a form prescribed by the Promoter in order to receive their prize.
10. Prize availability 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. Any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
11. Taxes Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
12. Unclaimed prizes
- Subject to Item 12: unclaimed prize draw, if:
- for any reason a winner does not accept or collect a prize by the time stipulated by the Promoter in accordance with clause 9;
- after making all reasonable attempts to find the winner are unsuccessful; or
- the Promoter cannot contact the winner (or a winner does not contact the Promoter);
- then the prize will be forfeited and then the Promoter shall redraw a new winner on 10am AEST on 9 October 2024.
- Where a prize winner cannot be found, information will be published on the Website.
13. Publicity materials
- It is a condition of entry that the Promoter has the right to publicise, broadcast and communicate to the public the names, characters, likenesses or voices of any entrants for any promotion or matter incidental to the Promotion, unless that person advises the Promoter that he/she wishes to retain his/her anonymity. This does not apply to specific responses provided within answers to the survey conducted connected to the individual’s identity.
- Entrants consent to their entry being read out on air and/or to their telephone and other conversations with the Promoter being broadcast on air and communicate to the public on the website/s if the Promoter so chooses to do so.
- Entrants consent to the Promoter to participate in photo, recording, video and/or film session(s) (the “Publicity Materials”) and acknowledge that the Promoter has the right to use such publicity materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit.
- Entrants also acknowledge that the Publicity Materials may be provided to the prize provider for the purposes of promotional display.
14. Copyright
- By entering this Promotion all entrants:
assign to the Promoter all rights including present and future copyright in their entry and the Publicity Materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
- agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title; and
- undertake to the Promoter that their entry is not in breach of any third-party intellectual property rights.
15. Release and indemnity To the extent permitted by law, all entrants release from, and indemnify the Promoter against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the Promotion including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
16. Liability
- Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
- Subject to the previous clause, the Promoter and the agencies and companies associated with this Promotion are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal, illness or death suffered in connection with this Promotion or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
- Without limiting the previous clause, the Promoter and the agencies and companies associated with this Promotion are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant).
17. Tampering and other matters
- If for any reason this Promotion is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right (subject to State regulations) to cancel, terminate, modify or suspend the Promotion and/or any draw/s or judging related to the Promotion and/or to disqualify any individual who (whether directly or indirectly) causes the same.
- The Promoter accepts no responsibility for any late, lost or misdirected entries including but not limited to electronic messages not received by the Promoter due to technical disruptions, network congestion or any other reason. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Promotion repeatedly is prohibited.
- 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 to disqualify any entrant; or subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
18. Leave for participation Obtaining time off work and/or study or related activities to participate in the Promotion and/or a prize will be the sole and absolute responsibility of each contestant.
19. Termination of promotion The Promoter may (subject to State Regulations) vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Promotion is terminated.
20. Decisions final The Promoter’s decision is final and no correspondence will be entered into.
21. Failure to enforce terms and conditions 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 promotion.
22. Personal information and privacy
- The Promoter collects personal information in order to conduct and manage the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Some of these third parties may be located outside of Australia.
- Entry is conditional on providing this personal information.
- The Promoter may contact you with offers and marketing via any medium, including mail, telephone or electronic messages (including SMS) provided that where required by the Spam Act 2003 (Cth) or otherwise, the Promoter includes a functional unsubscribe facility.
- By entering and providing your personal information, you consent to the use of your personal information in this manner and consent to receiving emails and SMS messages from the Promoter.
- Entrants should direct any request to opt out, access, update or correct information to the Promoter.
- Entrants may have their details removed from the Promoter’s database by simply contacting the Promoter or by sending an email to the Promoter on the contact details as set out in Item 14: Promoters Contact Details.
- If details are removed prior to the conclusion of the Promotion and/or award of prize(s), entrants will forfeit their right to claim any prizes.
- The Promoter’s Privacy Policy as set out in Item 15.
