Jemena Electricity Networks Draft Plan Survey Prize Draw
Terms and Conditions of Entry (“Terms of Entry”)
General
1. These Terms of Entry must be read together with the Schedule for this competition
2. The Schedule defines certain terminology used in these Terms of Entry
3. By entering into the competition, entrants accept these Terms of Entry, read together with the Schedule.
4. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
5. The website and software used for the competition contain their own terms and conditions, including at https://www.socialpinpoint.com/terms-and-conditions/.
Entry into the Competition
6. Entry is open only to residents of Victoria who comply with the Entry Requirements and Restrictions.
7. The competition will be conducted during the Promotion Period, and entries must be received by the Promoter during the Promotion Period.
8. To enter the competition, Eligible Entrants must follow the Entry Procedure during the Promotion Period.
9. Only one entry per person is permitted during the Promotion Period. No person may win more than one Prize within the Promotion Period.
10. Incomplete and illegible entries will be deemed invalid.
11. The Entrant Contact Details provided by an entrant will be deemed to be the correct contact details of Eligible Entrants and will be used by the Promoter to notify the winner.
Draw and Prize Draw Details
12. The draw will be conducted in accordance with the Draw Details.
13. The Prize will be awarded to the valid entry randomly drawn in accordance with the Draw Details.
14. The Prize is specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
15. If the Prize includes a voucher, eGift card or physical gift card (Gift Card), such Gift Cards are valid until the Gift Card expiry date (if any) as specified on the Gift Card or by the provider of the Gift Card. Gift Cards are subject to the terms and conditions stipulated by the provider of the Gift Card (as referred to in the Schedule).
16. It is a condition of accepting the Prize that the winner must comply with all the conditions of use of the Prize and the Prize supplier's requirements.
17. The winner will be notified in accordance with the Notification of Winner section of the Schedule.
18. The Entrant Contract Details provided by entrants will be assumed to be the contact details of entrants, and will be used to contact the winner.
19. The Prize will be sent in accordance with the Prize Delivery Details of the Schedule.
20. Once awarded, the Promoter is not liable for any Gift Card that has been lost, stolen, forged, damaged or tampered with in any way.
21. The Prize must be claimed by the Prize Claim Time.
22. The Prize will be deemed to be claimed upon successful delivery of the email containing the Prize to the email address provided by the winner on completion of the Survey.
23. If the Promoter becomes aware that the email address provided by the winner on completion of the Survey is not a valid email address and the Promoter is unable to otherwise contact the winner by the Prize Claim Time after making reasonable attempts to do so (Unclaimed Prize), the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prize in accordance with the Unclaimed Prize Arrangements outlined below.
Unclaimed Prize Arrangements
24. If there is an Unclaimed Prize, an unclaimed prize draw will be conducted among remaining Eligible Entrants.
25. The unclaimed prize draw will occur on the Unclaimed Prize Draw Date and at the same Time of day and Location as the original draw.
26. The winner of any unclaimed prize draw will be notified by SMS to the Entrant Contact Details provided by the winner on completion of the Survey within four (2) business days of the unclaimed prize draw, and the Prize will be emailed to the email address provided by the winner on completion of the Survey within four (4) business days of the unclaimed prize draw.
Entrants must enter correct contact details
27. Persons wishing to enter the prize draw must only enter their own identifying and contact details and must not enter any other person’s contact details or incorrect contact details. Any entrant found to be entering incorrect contact details, including any incorrect email address, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then is found to have breached this clause, the entrant must immediately return any prize awarded. Subject to any applicable law, the Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. The Promoter reserves the right to disqualify any entrant who refuses or does not provide any reasonably requested documentation or provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
28. The Promoter highly recommends entrants to check junk or spam email folders for ease of correspondence and potential Prize delivery.
29. The Promoter will make reasonable efforts to deliver the Prize to the email address provided by the winner. The Promoter cannot guarantee that any Prizes returned to the Promoter due to non-delivery at the provided email address will be re-sent to the Prize winner.
Entrants must not use third parties to enter competition
30. Persons must not enter the prize draw using a third party. Any entrant found to have used a third party (including online competition entry site) to enter the competition on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. Subject to any applicable law, the Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. The Promoter reserves the right to disqualify any entrant who refuses or does not provide any reasonably requested documentation or provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
Further Terms
31. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to any applicable law.
32. The Promoter reserves the right to request winners to provide proof of identity, age, residency and entry in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the reasonable discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
33. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms of Entry or has breached these Terms of Entry.
34. The Promoter's decision in relation to any aspect of the competition (including disputes concerning the conduct of the competition or claiming of a Prize) is, subject to any applicable law, final and binding on each person who enters, in the absence of manifest error.
35. Unless the contrary intention is expressly stated, a reference in these Terms of Entry, the Schedule or in any advertisement relating to this competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
Privacy Collection Terms
36.The Promoter, Social Pinpoint Pty Ltd (ACN 164 471 425) and their related entities collect entrants' personal information for the main purpose of conducting this competition (including but not limited to, determining and notifying winners) and for related purposes which would be within reasonable expectations (including research to improve services provided to the Promoter’s customers). Social Pinpoint Pty Ltd and its related entities are engaged to host the competition website and to assist with other aspects of the competition. The Promoter may disclose personal information collected to an agent or contractor who is engaged to conduct the competition draw and for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at https://www.jemena.com.au/about-us/privacy-policy/ and in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy of Social Pinpoint Pty Ltd is available at https://www.socialpinpoint.com/privacy-policy/.
37.You may request access to, or update your personal information, or lodge a complaint, by contacting:
Privacy Officer
Level 16, 567 Collins Street,
MELBOURNE VIC 3000
Phone: 03 9173 7000
Email: privacyenquiries@jemena.com.au
Copyright, statutory guarantees, Waiver and Liability
38. All entries and any copyright subsisting in the entries become and remain the property of the Promoter.
39. In participating in the competition, winner/s agree that they may be contacted by the Promoter, its related entities, and any of their agents or contractors, in relation to participation in editorial activities relating to the competition, including being contacted by the Promoter or persons or entities acting on its behalf to discuss the opportunity to participate in interviews or footage.
40. Prize-winner/s are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
41. The Promoter (subject to all applicable laws) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition.
42. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use of "scripting" is not permitted.
43. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the internet service provider used by the entrant.
44. Nothing in these Terms of Entry limit, exclude or modify, or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar applicable consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
45. The following clause does not apply to any liability that cannot by law be excluded, including the Non-Excludable Guarantees, in which case that liability is limited to the minimum allowable by law. The Promoter and its related entities (and the respective officers, employees and agents of those companies) 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:
46. (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
47. (b) any theft, unauthorised access or third party interference experienced by a participant during the course of submitting their entry, while seeking to use the prize or at any other time, provided this was not caused or contributed to by the negligence of the Promoter;
48. (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;
(e) use of a prize.
In the unlikely event that there is loss, unauthorised access or unauthorised use of personal or other information collected as part of this competition, the liability of the Promoter and its related entities (and the respective officers, employees and agents of those companies) is excluded unless this was caused or contributed to by the negligence of the Promoter, and in that case liability is limited to AUD50,000 in total across all participants and in all cases.
The parties acknowledge that this limitation of liability clause is reasonable given the voluntary and unpaid nature of this competition, and the limited amount of information collected.
