https://www.cuscal.com.au/visablues2013/“CUSCAL VISA SPEND” PROMOTION TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents who have a valid Visa Debit card or a valid Visa Credit card, including Visa payWave, issued by a Participating Financial Institution outlined in clause 3 (“Visa Card”). For the sake of clarity, individuals who obtain a Visa Card from a Participating Financial Institution during the Promotional Period will still be eligible to enter. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3.
“Participating Financial Institutions”: Australian Defence Credit Union Limited, bankmecu, Big Sky Building Society Limited, Central West Credit Union, Community CPS Australia Limited, Community First Credit Union, Credit Union Australia Ltd, Credit Union SA, Defence Bank, Encompass Credit Union, Family First Credit Union, First Option Credit Union, Goulburn Murray Credit Union Co-operative Limited, Heritage Isle Credit Union, Holiday Coast Credit Union, Horizon Credit Union, Intech Credit Union, Laboratories Credit Union Limited, Lombard Finance, Macarthur Credit Union, Macquarie Credit Union, Once Credit Union, Orange Credit Union, Police Bank Ltd, QT Mutual Bank, Quay Credit Union, Select Credit Union, Service One Credit Union Limited, Shell Employees Credit Union, South West Credit Union, South West Slopes Credit Union, Credit Union Limited, Swan Hill Credit Union, Sydney Credit Union, The Capricornian, Warwick Credit Union, Wyong Shire Credit Union.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, 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 1st cousin.
5. Entrants must not have overdue monies owing on their Visa Card account as at 12:00pm AEDST on 15/03/2013 in order to be eligible to claim a prize.
6. Promotion commences on 01/02/2013 and ends at 11.59pm AEDST on 28/02/2013 (“Promotional Period”).
7. To be automatically entered into the draw, individuals must use their Visa Card as a payment tender three (3) or more times during the Promotional Period (“Qualifying Transaction”). Visa Debit cardholders must select the ‘credit’ button in-store at the time of transaction to be eligible. There is a strict limit of one (1) entry per person for the duration of the Promotional Period. Balance inquires, transfers, deposit takings and change of PIN, will not result in an entry into the draw. Incomplete transactions will be ineligible for entry.
8. 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 makes a transaction 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.
9. 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.
10. The draw will take place at Cuscal Limited, Level 1, 1 Margaret Street, Sydney NSW 2012 on 15/03/2013 at 12:00pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winner will be notified by telephone and in writing, and their name will be published in The Australian on 22/03/2013. All reasonable steps to notify the winner of the results of the promotion will be taken by the Promoter.
11. The Promoter's decision is final and no correspondence will be entered into.
12. The first (1) valid entry drawn will win AU$5,000 prize money. The prize money will be awarded to the winner via electronic fund transfer to the winner’s nominated account held at the Participating Financial Institution where the Visa Card used for their winning Qualifying Transaction is registered with. Subject to clause 14, the money cannot be deposited into an account in the name of another person or at a financial Institution not listed in clause 3 and cannot be taken as cash.
13. The total prize pool value is AU$5,000.
14. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf. The AU$5,000 spending money will be awarded via electronic fund transfer to the winner’s nominated parent/guardian’s account held at a Participating Financial Institution. The money cannot be deposited into an account in the name of another person or at a financial institution not listed in clause 3. In the event that a parent/guardian of a winner under the age of 18 does not have an account at a Participating Financial Institution, he/she will be awarded the $5,000 in the form of a cheque.
15. The prize money cannot be taken as cash nor is it exchangeable for any other prize.
16. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize, then the prize will be forfeited.
17. A draw for the prize, if unclaimed, may take place on 28/06/2013 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner, if any, will be notified by telephone and in writing, and their names will be published in The Australian on 05/07/2013.
18. Entrants consent to the Promoter 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
19. 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 (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.
20. 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.
21. 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.
22. The Promoter collects personal information in order to conduct 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, 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 Promoter.
23. The Promoter is Cuscal Limited, (ABN 95 087 822 455) of Level 1, 1 Margaret Street, Sydney NSW 2000, telephone (02) 8299 9000.
NSW Permit No. LTPS/12/11205
ACT Permit No. TP12/5049
Australian Competitions Club
