heart of HESTA, the fine print
HESTA Customer Feedback Competition
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in HESTA Customer Feedback Competition ("Competition") is deemed acceptance of these Terms and Conditions.
2. The promoter of the Competition is H.E.S.T. Australia Ltd ABN 66 006 818 695 AFSL No. 235249, Trustee of Health Employees Superannuation Trust Australia (HESTA) ABN 64 971 749 321, Level 20, 2 Lonsdale Street, Melbourne, VIC, 3000.
3. The period of this Competition begins at 12:00:00am (AEDT) on 1 April 2017 and ends at 11:59:59pm (AEDT) on 27 March 2018 (“Competition Period”).
ELIGIBILITY TO ENTER4. Entry is only open to Australian residents aged 18 years and over who are current and former members of HESTA who have received a promotional SMS from the Promoter
5. Employees (and their Immediate Family Members) of the Promoter or any related body corporate of the Promoter, as well as any agency associated with this Competition are ineligible to enter. Immediate Family Members means any of the following: spouse, ex-spouse, de-facto, ex-de-facto, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
HOW TO ENTER
6. To enter the Competition, an eligible entrant must complete one of the following mechanics during the Competition Period:
(A) SMS Entry: (i) reply to the SMS that they receive from the Promoter with the word ‘YES’ in their reply SMS to receive an instant automatic call back. The automatic call back will be an automated phone survey; and (ii) answer all questions in the automated phone survey as prompted. SMS entry cost will vary dependent on the mobile network used but will not exceed 55c. SMS entries via the Internet are ineligible.
(B) 1800 Entry: (i) call the 1800 number (1800 618 173) sent to them in the SMS they receive from the Promoter; and (ii) answer all questions in the automated phone survey as prompted including their contact phone number (mobile phone number). The entry when calling the1800 number is free from a landline.
7. For the sake of clarity, the entrant will be the person whose name is registered on the HESTA account relevant to the mobile phone number submitted on entry (for 1800 entry) or the mobile phone used to enter (for SMS entry).
8. Only one (1) entry permitted per person.
9. Entries open and close for each draw on the dates and times specified in the table below. The prizes draws will be conducted by Feedback ASAP Pty Ltd Level 10, 380 St Kilda Road 3004 at 12noon AEST/AEDT on the dates specified in the table below. Entries in each prize draw will not be entered into any subsequent prize draws.
Prize DrawEntries OpenEntries CloseDraw Date
1 April 201711:59:59pm (AEST)
on 30 June 201711 July 2017
1 July 201711:59:59pm (AEST)
on 30 September 201711 October 2017
1 October 201711:59:59pm (AEDT)
on 31 December 201711 January 2018
1 January 201811:59:59pm (AEDT)
on 27 March 201829 March 2018
10. The winner of each Prize Draw Period (referred to in the above table) will be notified by telephone and SMS within two (2) days of the draw. If the winner is located in the ACT they will be contacted by mail. Each winner’s name will be published at www.hesta.com.au
within 7 days of the relevant draw. All winners’ names will also be published in The Australian newspaper on 19 April 2018.
11. The first valid entry drawn in each prize draw will win a $1,000 VISA Gift Card.
12. The VISA Gift Card will be posted to the winner by registered mail, at the Promoter’s cost and is valid for 12 months from the date of card issue. The VISA Gift Card is subject to its terms of issue and may not be accepted by all retailers. The Promoter accept no liability for a defective Gift Card however, if necessary, the Promoter will provide reasonable assistance to a winner to ensure a replacement Visa Gift Card is provided.
13. Any ancillary costs associated with redeeming the Visa Gift Card not included. Any unused balance of the Visa Gift Card will not be awarded as cash. Redemption of the Visa Gift Card is subject to any terms and conditions of the issuer including those specified on the Visa Gift Card.
UNCLAIMED PRIZE DRAW/S
14. If a prize is still unclaimed after three calendar months of the original prize draw, the Promoter will conduct a further draw for the prize at the same time and place as the original prize draws, subject to any directions from any regulatory authority. The Dates for these draws would be:
Draw 1: 11 October 2017
Draw 2: 11 January 2018
Draw 3: 11 April 2018
Draw 4: 29 June 2018
Each winner of an unclaimed prize draw will be notified by telephone and SMS within two (2) days of the draw. If the winner is located in the ACT they will be contacted by mail. Each winner’s name will be published at www.hesta.com.au
within 7 days of the relevant draw. The winners’ names will also be published in The Australian on 13 July 2018.
15. An incomplete, indecipherable or inaudible entry will be deemed invalid and removed from the relevant draw. Any entry, which contains one or more gibberish answers, will be deemed invalid.
16. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in any telecommunications service or equipment. Entries into the Competition will be deemed accepted at the time of receipt by the Promoter and not at the time of submission by the entrant.
17. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
18. 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.
19. This is not a game of skill. The single prize winner from each Prize Draw Period will be selected by the Promoter at random through an automatic selection process.
20. The Promoter’s decision is final and no correspondence will be entered into.
21. The total value of the prize pool is AU$4,000.
22. The prizes are not transferable or exchangeable and cannot be taken in any other form (including not being able to be taken as cash).
23. Subject to the unclaimed prize draw clause 14, if for any reason a winner does not take possession of their prize by the time stipulated by the Promoter, then the prize will be forfeited.
24. As a condition of entering this Competition, each entrant licences the Promoter to use their entry (including answers to survey questions) in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
25. 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.
26. If this Competition 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 Competition, as appropriate.
27. Entrants consent to the Promoter to using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter.
28. 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 Competition.
29. 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 tax liability incurred by a winner or entrant; or (e) use of the prize. 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 the items specified in items (a) to (e) in this clause 29.
30. As a condition of accepting the 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.
31. The Promoter collects personal information in order to conduct the Competition 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. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the The Promoter.
32. This Competition is authorised under: NSW Permit LTPS/17/12318 and ACT Permit No. ACT TP 17/00449
33. Any entrant (who the Promoter automatically enters into the Competition when they provide Feedback) who no longer wishes to participate in the Competition can email email@example.com
and request for their entry to be removed from the relevant draw.