Effective Date: 1 October 2013 St.George estatement Promotion Terms and Conditions
TERMS AND CONDITIONS OF ENTRY INTO ST.GEORGE estatement PROMOTION ( THE PROMOTION ) 1. Information on how to enter and prize details form part of these terms and conditions; however, to the extent that there is any inconsistency between these terms and conditions and any other published material, these terms and conditions will prevail. By participating in this Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding. 2. The Promoter is St.George Bank a Division of Westpac Banking Corporation ABN 33 007 457 141 of 275 Kent Street, Sydney, NSW 2000 ( St.George or the Promoter ), tel 13 33 30. The Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) will be known as the Westpac Group. 3. The Promotion commences at 12.01am Australian Eastern Standard Time ( AEST ) on 1 October 2013 and closes at 11.59pm Australian Eastern Daylight Savings Time ( AEDT ) on 31 December 2013 ( the Promotion Period ). 4. Entry is open to all residents of Australia aged 18 years or over who submit a valid entry in accordance with clause 6 during the Promotion Period (an Eligible Entrant ). Employees and contractors of the Westpac Group (or any associated agencies involved in this Promotion) and their immediate families are ineligible to enter. In the event that an account with the Promoter is held in joint names, the Eligible Entrant will be the person first named on that account. 5. Any person who submits an Entry who would otherwise be an Eligible Entrant but who does not wish to enter the Promotion may advise the Promoter by dialling 13 33 30 and that Eligible Entrant will be deemed ineligible to enter Promotion. 6. Entry into this Promotion is automatic. To enter this Promotion, an Eligible Entrant must, during the Promotion Period: (i) access St.George Bank Internet Banking at www.stgeorge.com.au and opt in to replace their paper statements with estatements on their eligible St.George Bank Account/s; or (ii) call St.George Bank on 13 33 30 and request your Account/s to be switched to estatements; or (iii) visit a St.George Bank branch - and request your Account/s to be switched to estatements and 2
(iv) ensure all Accounts switched to estatements remain open and retain their status as an estatement account during the Promotion Period and up to the date of the Draw (as defined in clause 9 below), each an entry ( Entry ). No responsibility will be accepted by the Promoter for lost, late, incomplete, illegible, or misdirected Entries. For the purposes of this Promotion an eligible St.George account is an existing St.George branded account in the name of the Eligible Entrant as at the commencement of the Promotion Period and that offers the estatement feature which can be opted into by the Eligible Entrant during the Promotion Period. Any Accounts previously switched to estatements that reverted to paper statements will not be considered eligible Entries for the purpose of this Promotion. 7. Multiple Entries are permitted. Eligible Entrants will receive one entry into the draw for each switch made to estatements on separate eligible Accounts during the Promotion Period. 8. The prize is a Aprilia Scarabeo 200 valued at $5,490 including all on road costs at time of publication ( the Prize ). The Prize is not transferable, exchangeable or redeemable for cash. The Prize includes the first 12 months registration in the winner s State or Territory of residence, the first 12 months compulsory third party insurance and other on-road costs including stamp duty and dealer delivery costs, dependent upon the State or Territory of the winner s usual residential address. The colour of the vehicle is subject to availability of colours at the nearest dealer to the winners address. All ancillary costs or accessories not expressly provided are the responsibility of the winner. The Prize excludes comprehensive insurance, operational costs, fuel, personal costs and any other ancillary or incidental costs related to the Prize or anything else not specifically mentioned, which is the responsibility of the winner. Delivery or collection of the Prize vehicle (as applicable) is subject to availability of the vehicle, but is anticipated to be within 12 weeks of the date the winner claims their Prize. If the Prize winner is, through any legal incapacity or otherwise, unable to register the motor vehicle Prize in his or her name then they may assign the motor vehicle Prize to another person with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the Prize winner and an assignee. The Prize will be made available for the winner to collect from the dealer closest to the winner s place of residence as stated in their entry details. All costs associated with travel to and from the dealer is at the winner s own cost. The Promoter accepts no responsibility for any mechanical, body or paint repairs or repairs or maintenance of any kind relating to the Prize after the date and time of Prize collection by a winner. Any vehicles depicted in any promotional material are not necessarily the same colour or grade as the Prize vehicle, and are for illustration purposes only. 3
9. The Prize draw will be conducted on 15 January 2014 at Mike Da Silva & Associates, 15 Grosvenor Street, Neutral Bay NSW 2089 at 3pm AEDT (the Draw ). The winner will be determined by way of a random selection from a computer database containing all Entries from Eligible Entrants. The Entrant that submitted the first Entry drawn will receive the Prize ( the Winners ). The allocation of the Prize to the Winner is final and the Promoter will not enter into any correspondence in relation to the Prize or the Promotion. 10. The Winner will be notified by phone and email using the details associated with their Account on 16 January 2014. In the event the Winner cannot be contacted on this day, the Promoter will continue to attempt to contact the Winner up until the prize claim deadline outlined in these terms and conditions. The Winner s name will also be published in the Public Notices section of The Australian Newspaper on 23 January 2014. To claim their Prize, the Winner must respond to the notification in the manner that will be set out in the notification letter. Entrants are responsible for ensuring their contact details are correct and for keeping the Promoter informed of any changes to their contact information during and immediately following the Promotion Period. 11. The claimed Prize will be made available at the closest dealership to the Winner s residential address for collection by the Winner within 28 days. The colour of the Prize awarded is at the sole discretion of the dealership. 12. The Winner may be liable to declare the Prize for taxation purposes and will be liable for any tax payable in respect of a Prize. Entrants should seek independent financial advice in relation to any tax payable on the Prize and the potential impact on their personal financial situation prior to entering the Promotion. 13. If the Prize is not claimed by 15 April 2014. The Promoter may conduct such further draws at the same place as the original draw as may be necessary to apportion all such unclaimed prizes. The Promoter will comply with any applicable legislation regarding any unclaimed prizes and any written directions of any competent authority in that regard. If permitted by the applicable legislation, the Promoter will conduct a redraw at 3pm AEST on 29 April 2014. The Winner will be notified by telephone and in writing on 1 May 2014. The Winner s name will also be published in the Public Notices section of The Australian on 6 May 2014. To claim their Prize, the Winner must respond to the notification in the manner that will be set out in the notification letter. 4
14. Except for guarantees, warranties and conditions implied by law which cannot be excluded, neither the Promoter nor any other member of the Westpac Group make any guarantees, representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these terms and conditions. 15. Nothing in these terms and conditions is intended to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation, which cannot lawfully be excluded or limited. This may include the Corporations Act 2001, the Competition and Consumer Act 2010, Australian Consumer Law or any equivalent State or Territory legislation. If any guarantee, warranty, term or conditions implied or imposed under the Australian Consumer Law or any other applicable legislation in relation to any prizes awarded under these terms and conditions cannot be excluded (a Non-Excludable Provision ) and the Promoter is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of the Promoter and all members of the Westpac Group for breach of the Non-Excludable Provision is limited to one or more of the following at the Promoter s option: (i) the replacement of the prize or the supply of an equivalent prize, (ii) the repair of the prize, (iii) the supplying of the prize again, (iv) the payment of the cost of replacing the prize or of acquiring an equivalent prize, (v) the payment of the cost of having the prize repaired; or (vi) the payment of the costs of having the prize supplied again. 16. To the maximum extent permitted by law, the Promoter and all other members of the Westpac Group expressly disclaim liability for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any personal injury, which is suffered or sustained in connection with any participant s participation in this Promotion or the acceptance of any Prize. The Winner indemnifies the Promoter and all members of the Westpac Group against any liability, injury, loss or damage which may be suffered, incurred or sustained by the Promoter or any member of the Westpac Group arising out of, relating to, or in any way connected with, any act or omission (including negligence) by the Winner, or its use of the Prize, or its breach of these terms and conditions. 5
17. The Promoter collects personal information from all participants in order to conduct the Promotion. If the information requested is not provided, the participant may not participate in the Promotion or claim a Prize and their entry may be discarded. It is a condition of entry into the Promotion that the Winner consents to the publication of their name and city of origin in any advertisements or articles relating to the Promotion or the Prize and participates in any media releases which may include photographs of the Winner by the Promoter or any other member of the Westpac Group. By entering this promotion, participants consent to the use of their names and likenesses in this manner. The Promoter s treatment and storage of personal information will be handled in accordance with all applicable laws in Australia. The Promoter s privacy policy can be found at http://www.stgeorge.com. au/about-us/privacy/. Your information will not be used to contact you for marketing purposes. 18. Neither the Promoter nor any other member of the Westpac Group will be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet. 19. If this Promotion is not capable of running as planned for any reason (including but not limited to failure or malfunction of any computer equipment by reason of infection by computer virus, power failure, bugs, tampering, unauthorized intervention, fraud, or technical failures or any other causes which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right in its sole discretion to disqualify any individual who undermines the integrity or fair running of the Promotion for other entrants, including by tampering with the entry process, and, after consulting with the relevant legislative authorities, to cancel, terminate, modify or suspend the Promotion. Authorised under trade promotion permits: NSW Permit No. LTPS/13/07390, ACT Permit No. TP13/03429, VIC Permit No. 13/2223 & SA Licence No. T13/1737. 6