http://www.agl.com.au/campaigns/switch-save-win/switch-save-win-vic
Join AGL by 8 December 2014 and share in over $8 million worth of prizes.* PLUS, go in the major draw to win a Volkswagen Golf 110TDI Highline!
AGL AUSTRALIA “PICK & WIN” PROMOTION
CONDITIONS OF ENTRY
1. The “Pick and Win” (“Promotion”) is conducted by AGL SALES PTY LIMITED (ABN 88 090 538 337) of Level 22, 120 Spencer St, Melbourne, Victoria 3000, telephone 1800 829 902 (“Promoter”).
2. The Promotion is administered by TLC Marketing Worldwide Pty Ltd (ACN 124 275 921) of 88 Cumberland Street, The Rocks, NSW 2000 (“TLC”).
3. Information on how to enter, mechanics of entry and the prizes form part of these Conditions of Entry. Participation in the Promotion is deemed acceptance of these Conditions of Entry by each entrant.
4. Unless otherwise indicated, all times and dates specified in these Conditions of Entry are times and dates in Sydney, Australia AEST/AEDST.
5. Promotion opens for purchases on 13 October 2014 and ends for purchases at close of business on 08 December 2014, or once 46,007 Qualifying Purchases (defined below) have been made, whichever is first to occur (the “Purchase Period”). Entries for Instant Prizes (defined below) open on 01 November 2014 and close at 11:59pm on 31 January 2015 (“Entry Period”). Entry into the Major Prize Draw (defined below) also closes at 11:59pm on 31 January 2015.
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Participation in the Promotion is only open to Australian residents aged 18 years or older. The directors, management and employees (and their immediate families, including their children and wards, and other persons residing in their household) of the Promoter, its related entities, corporations or franchisees, printers, suppliers, providers and agencies associated with this Promotion are ineligible to enter the Promotion.
7. To be eligible to enter, individuals must switch to any AGL Energy Plan from their existing supplier for gas or electricity at a private residential address in Australia during the Purchase Period and not cancel their Energy Plan during the subsequent 10 day cooling-off period (“Qualifying Purchase”). Individuals must provide either a mobile telephone number and/or a valid email address at the time of purchase to be eligible to participate in this Promotion. For the sake of clarity, individuals that cancel their AGL Energy Plan during the 10 day cooling-off period will not be eligible to participate in this Promotion.
8. Once the Entry Period has commenced, individuals who have completed a valid Qualifying Purchase during the Purchase Period (i.e. did not cancel their Energy Plan during the cooling-off period) will receive an SMS (sent to their nominated mobile telephone number) or if no mobile telephone number was provided, they will receive an email (sent to their nominated email address) from the Promoter. The SMS or email will contain a unique code (“Unique Code”).
9. To enter, individuals must then, during the Entry Period, visit
www.aglswitchsavewin.com.au follow the prompts to the promotional entry page, input the requested details (including their Unique Code, telephone number and a valid email address), and submit the fully complete entry form. Once the entry from has been completed, individuals must then select an image on the promotional game page. Once an image has been selected, individuals will be notified immediately on screen which Instant Prize (defined below) they have won. Individuals must then follow the instructions on screen to claim their Instant Prize.
10. The following instant prizes are available to be won (“Instant Prizes”):
21,000 x 2 for 1 Cinema Pass (valid for 12 months), valued at up to $262;
15,000 x 2 for 1 Days Out Pass (for 12 months), valued at $150;
5,000 x $20 Iconic Voucher;
3,000 x Regular Domino’s Pizza, valued at $10.95;
1,000 x $50 AGL Credit (applied to the winner’s AGL Energy Plan);
550 x Adult Double Cinema Pass, valued at up to $40.00;
200 x 12 Month Magazine Subscription, valued at $107.40;
100 x $65 Endota Spa Voucher;
100 x Jawbone UP24 Fitness Wristband, valued at $179;
25 x Samsung Galaxy Tab 3 Lite (8GB with Wi-Fi), valued at $232;
25 x Samsung Galaxy S5 4G (16GB), valued at $894;
5 x Sony Bravia 55” Pro Series FHD 3D LED TV, valued at $1,999; and
2 x $5,000 Flight Centre Voucher.
11. All Instant Prizes are subject to the terms and conditions of individual prize and service providers, which are outlined in Schedule 1 below.
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12. Winners of an Instant Prize valued over $250 will be published online at agl.com.au/switchsavewinners on 13 February 2015.
13. Once the Instant Prize claim process has been completed, individuals will also have the opportunity to enter the Major Prize Draw for a chance to win a 2015 Golf 110TDI Highline with automatic transmission and driver assistance package (“Major Prize”). To enter the Major Prize Draw, individuals must follow the prompts on screen input their email address and submit the fully completed entry form so it is received by 11:59pm on 31 January 2015.
14. Entrants must be a current AGL customer at the time of the Major Prize Draw on 6 February 2015 to be eligible to win the Major Prize (if drawn as the winner).
15. The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne, VIC 3004 at 10am on 6 February 2015 (“Major Prize Draw”). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
16. The Major Prize Draw winner will be notified by email within two (2) business days of the Major Prize Draw, and their name will be published online at agl.com.au/switchsavewinners on 13 February 2015.
17. The first valid entry drawn in the Major Prize Draw will win the Major Prize. Total prize value for the Major Prize is up to AU$41,079 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference (excluding metallic options), subject to availability. The Major Prize winner must collect the prize from their nearest authorised Volkswagen dealership.
18. If the Major Prize winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the Major Prize winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the Major Prize winner and the assignee. The Major Prize winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the Major Prize that the Major Prize winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
19. The Promoter or TLC 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 individual who the Promoter or TLC 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 or TLC to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's or TLC’s legal rights to recover damages or other compensation from such an offender are reserved.
20. If there is a dispute as to the identity of an entrant, the Promoter or TLC reserves the right, in its sole discretion, to determine the identity of the entrant.
21. Only one (1) Instant Prize permitted per person and per household. Only one (1) entry into the Major Prize Draw permitted per person and per household.
22. The same Unique Code cannot be used more than once and unrecognised Unique Codes will be deemed invalid.
23. Incomplete or indecipherable entries will be deemed invalid.
24. Each prize is valued in Australian Dollars inclusive of GST (if any) as at 17 September 2014. The Promoter or TLC takes no responsibility for any variations in the value of a prize.
25. If a prize (or part of a prize) becomes unavailable, for any reason beyond TLC or the Promoter’s reasonable control, then a prize of equal or greater value will be awarded in lieu subject to any written directions from a regulatory authority and subject to promotional availability.
26. Prizes are not transferable or exchangeable and cannot be taken as cash. Prizes must be taken as offered and cannot be varied. Prizes cannot be used or redeemed in conjunction with any other offer. The Promoter or TLC accepts no responsibility for any tax implications that may arise from any prize winnings. Independent financial advice should be sought.
27. Timeframes for delivery indicated in these Conditions of Entry may be affected by circumstances outside of the control of TLC, including, but not limited to strikes, fires, floods, earthquakes, other natural disasters, acts of terrorism, and blackouts. TLC will not be liable for delays caused by circumstances outside of its control.
28. Prizes will be delivered (if applicable) to Australian mainland addresses only.
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29. Subject to the unclaimed prize draw clauses, if for any reason a winner does not take/redeem a prize (or an element of a prize) by the time stipulated within these terms, then the prize (or that element of the prize) will be forfeited.
30. A draw for any unclaimed Instant Prizes may take place on 31 March 2015 at the same time and place as the Major Prize Draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw and their names (for any prizes valued over $250) will be published online at agl.com.au/switchsavewinners on 13 April 2015. Last date to claim an Instant Prize awarded in the unclaimed prize draw on the promotional partner website is 30 April 2015.
31. A draw for the Major Prize, if unclaimed, may take place on 6 May 2015 at the same time and place as the original Major Prize Draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by email within two (2) business days of the draw and their name will be published online at agl.com.au/switchsavewinners on 11 May 2015.
32. Entrants must be a current AGL customer at the time of the unclaimed prize draw(s) to be eligible to win any prize (if drawn as a winner).
33. Entrants 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 without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
34. 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 TLC or the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, TLC or 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.
35. Promotion is available online only and therefore access to the internet is required to participate in this Promotion. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
36. The maximum total value of all prizes in the Promotion is up to $8,091,952.00.
37. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any unclaimed Instant Prizes that are part of the advertised total prize pool will be awarded in the relevant unclaimed prize draw.
38. 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 or TLC (including their 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.
39. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter or TLC (including their respective officers, employees and agents) are not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s or TLC’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 or TLC) due to any reason beyond the reasonable control of the Promoter or TLC; (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) a prize.
40. As a condition of accepting a prize, each winner may be required to 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.
41. The Promoter and TLC collect personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and TLC will also use and handle PI as set out in their respect Privacy Policies, which can be viewed at
http://www.agl.com.au/site-pages/privacy (Promoter) and at
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http://www.tlcmarketing.com/Documents/au/PrivacyPolicy.pdf (TLC). In addition to any use that may be outlined in the Promoter’s or TLC’s Privacy Policy, the Promoter and/or TLC may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Each Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, 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. All entries become the property of the Promoter and TLC. TLC may disclose personal information to entities outside of Australia (particularly in the United Kingdom). The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
42. HELPLINE: Customers may call the Promotion Helpline on 1800 829 902 between the hours of 9.30am and 5:30pm on a business day during the period 01/11/2014 – 31/01/2015 (inclusive).
NSW Permit No. LTPS/14/08166, , VIC Permit No. 14/5359, SA Permit No. T14/1854.
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SCHEDULE 1
Australian Competitions Club
