Promotion winners

“WIN A SHARE OF $50,000 IN EFTPOS GIFT CARDS” PROMOTION 

TERMS AND CONDITIONS 

1. Information on how to enter the Promotion and the prize details form part of these Terms and Conditions (Terms). These Terms apply to the Promotion and entry in this Promotion is deemed acceptance of these Terms.  
2. Entry is only open to Australian residents aged 18 years or over who are customers of an Australian financial institution which is a BPAY Scheme Member, excluding the persons set out in clause 3 of these Terms (Eligible Entrants)
3. Employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (and their immediate families), 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.
4. The Promotion commences on 6 May 2024 at 9:00am AEST and closes at 11:59pm AEST on 31 July 2024 (“Promotional Period”). 
5. Any entries received after the Promotional Period will be deemed invalid and will not be accepted. The Promoter does not accept any responsibility for late, lost, delayed or incorrect entries.
6. To enter this Promotion, Eligible Entrants must, during the Promotional Period, complete the following steps:-Make one (1) BPAY payment of $50 or more;  -Visit www.bpay.com.au/promotion; -Follow the prompts on the promotion entry page; and -Complete the registration form in full including the Eligible Entrant’s name, email address, phone number, biller code, customer reference number (CRN), payment date, payment amount and financial institution.
7. The Promoter will not accept entries where the CRN is a credit or debit card number.  
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per BPAY payment of $50 or more and (b) each entry must be submitted separately and in accordance with entry requirements.
9. Eligible Entrants can only enter the Promotion in their own name.
10. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter 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 to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
11. 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.
12. The Promoter reserves the right to request that a winner provides proof of his / her BPAY Payment, identity, residency and / or age prior to awarding a prize.  Proof of BPAY Payment, identification, residency and /or age considered suitable for verification is at the discretion of the Promoter.  In the event that the winner cannot provide suitable proof, in the timeframe required by the Promoter, the winner will forfeit the Prize and no substitute will be offered.
13. Incomplete, illegible indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights (including intellectual property rights) are invalid.
14. The draw will take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 on 14 August 2024 at 11am AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid or ineligible entrant is drawn. Winners will be notified by telephone and email within seven (7) business days of the draw, and their names will be published online at www.bpay.com.au/promotion from 23 August 2024. 
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The first ten (10) valid entries drawn will each win AU$1,000 eftpos gift card (‘Major Prize’). 
17. The next two hundred (200) valid entries drawn will each win AU$200 eftpos gift card (‘Minor Prize’).
18. Any ancillary costs associated with redeeming the eftpos gift cards are not included. Any unused balance of the eftpos gift cards will not be awarded as cash. Redemption of the eftpos gift cards is subject to any terms and conditions of the issuer including those specified on the eftpos gift cards. The winners are responsible for complying with all applicable third party terms and conditions, and bear all risk associated with failure to comply with any of them The Promoter assumes no liability (and will provide no compensation) as a result of any failure to comply with any third party terms and conditions.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) by 12 September 2024, then the prize (or an element of the prize) will be forfeited.
20. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
21. The total prize pool value for this promotion is up to AU$50,000.
22. A draw for any unclaimed prizes may take place on 13 September 2024 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw, and their names will be published online at www.bpay.com.au/promotion from 18 September 2024.
23. 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.
24. 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.
25. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.  
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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 promotion.
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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of the prize. The Promoter collects personal information (“PI”) 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 will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://bpay.com.au/wp-content/uploads/2023/06/23000149/AP-Consolidated-Privacy-Policy-March-2023-2.pdf. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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. The 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. The Promoter will not disclose PI to any entity outside of Australia. By participating in the Promotion, each Eligible Entrant consents to disclosing their PI to the Promoter and the Promoter using and disclosing their PI to the relevant authorities in the relevant States, the Promoter’s related entities, the Promoter’s agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Prizes). The Eligible Entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter.
30. The promoter is BPAY Pty Ltd (ABN 69 079 137 518) of Level 1, 255 George Street, Sydney, NSW 2000, telephone 9646 9222 (“Promoter”).  

NSW Permit No. TP/03456. ACT Permit No. TP24/00833. SA Permit No. T24/642.