Elepay Google Review Competition Terms and Conditions
1. Background
1.1. The Promoter of the Elepay Google Review Competition (“Promotion”) is ELEVARE PAY EASY PTY LTD ABN 47 634 728 591, Australian Credit Licence No. 552946 of 1925 Logan Road Upper Mount Gravatt ALD 4122 (“Elepay”) (“Promoter”).
1.2. Information on how to enter and the prizes form part of these Terms and Conditions. If there is any conflict between these Terms and Conditions and any other published material, these Terms and Conditions will prevail.
1.3. By entering the Promotion, Eligible Participants (defined below) are deemed to accept these Terms and Conditions.
2. Promotion Period
2.1. The Promotion commences on 01/11/2024 at 12:00am AEST and closes on 31/11/2024 at
11:59pm AEST (“Promotional Period”). Entries received by the Promoter after the Promotional Period are ineligible to participate in the prize draw.
3. Eligibility and Participation
3.1. The Promotion is open to:
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Australian residents who are aged 18 years or over;
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who currently have (or previously had) used a product or service of Elepay; and
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who complete and submit a Elepay testimonial through the Google link provided in these Terms and Conditions and any related promotional material, (“Eligible Participant”).
3.2. Directors, employees and agents (including the immediate family members of a Director, employee or agent) of the Promoter and agencies associated with the Promotion are ineligible to enter the Promotion.
4. Eligible Entry
4.1. To enter the Promotion, Eligible Participants must complete the following steps during the Promotional Period:
Click on the e-mail link below: https://g.page/r/CdwWNpcn0c7MEBM/review and complete a google review by including their star rating, name and clicking the ‘Submit review’ button.
4.2 Eligible Participants may submit more than one (1) google review pursuant to clause 4.1 (“Qualifying Testimonial”) and each Qualifying Testimonial will be treated as one (1) entry for the Promotion.
4.3 The Promoter reserves the right, in its sole and absolute discretion, to verify the validity of entries and Eligible Participants (including an Eligible Participant’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 or any intellectual property laws, tampered with the entry process or engaged in any unlawful or other improper misconduct which has jeopardised the 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 is reserved.
4.4 If there is a dispute as to the eligibility or identity of an Eligible Participant, the Promoter reserves the right, in its sole discretion, to determine the eligibility and identity of the Eligible Participant.
5 Prizes
5.1 There will be four (4) prizes available for the Prize Draws, being:
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four (4) x $250 Amazon gift cards;
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Total Prize pool value of $1,000.00.
5.2 Prizes are not transferable, or exchangeable, cannot be taken as cash (unless otherwise specified) and is not redeemable for other benefits. The promotion is not available in conjunction with any other offer.
6 The Prize Draw
6.1 There will be four (4) Prize Draws. The Prize Draws will take place at 33 Remora Road Hamilton QLD 4007 at 10:30am AEST on 03/12/2024.
6.2 There will be one (1) winner for each Prize Draw. The winner for each respective Prize Draw will be the first one (1) valid and Eligible Entry drawn by electronic random selection from the cumulative pool of Eligible Entries. An Eligible Participant is only entitled to win one (1) Prize Draw. If an Eligible Participant has been drawn as winner more than once for a Prize Draw, then the Eligible Participant will be disqualified for any subsequent winnings and there will be a redraw pursuant to clause 6.5.
6.3 Prize winners will be notified by email, sent out within two (2) business days from the respective Prize Draw date, to the email address we have on record or any other nominated email. To accept the Prize, Prize winners must respond to the notification in the manner and within the timeframe set out in the notification provided by Elepay informing them of the fact they are a Prize winner. Failure to respond as required, or at all, will result in the Prize winner forfeiting the Prize.
6.4 Subject to the unclaimed prize draw clause below, if for any reason a winner does not take / redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
6.5 If any Prize is unclaimed or forfeited, the winner is disqualified for any reason or the Prize winner is unable to satisfy these Terms and Conditions, Elepay will conduct a redraw from all remaining entries at the location noted in clause 6.1 on 05/12/2024 at 10:30am AEST. Prize winners (if any) will be notified on the day of the Prize Draw by email, sent out within two (2) business days, to their nominated email address or email address we have on record.
6.6 Subject to clause 6.5, if for any reason a Prize winner does not redeem a Prize by the time stipulated by the Promoter, then the Prize will be forfeited.
6.7 Redemption of the Prize is subject to any terms and conditions of the issuer including those specified on the Prize.
6.8 Any and all decisions of the Promoter in relation to any aspects of the Promotion are final and binding on every participant and no correspondence will be entered into by the Promoter.
6.9 If any prize (or part of any 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.
7 Liability
7.1 The Promoter is not responsible for any ancillary costs incurred by accepting the Prize, entering the Promotion or redemption of the Prize or responsible for accepting any late, lost, unpublished or misdirected entries.
7.2 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 Eligible Participant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as the Promoter deems appropriate.
7.3 Subject to clause 7.2 above, if the Promotion is cancelled, terminated, modified or suspended for any reason or the Terms and Conditions are amended, a notice will be published on the Elepay website at https://elepay.com.au/competition.
7.4 Eligible Participants 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.
7.5 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.
7.6 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 Eligible Participant; (f) taking of the prize.
7.7 No part of the prize may be re-sold or offered for re-sale at a premium (including via online auction sites) or used for advertising, charity fundraising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the winner or any subsequent bearer.
7.8 As a condition of accepting the prize, the winners (and their companions) must 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.
8 Use of Entries and Privacy
8.1 All entries submitted will become property of the Promoter and entries will not be returned.
8.2 In entering this Promotion, all participants grant to the Promoter a perpetual, irrevocable, royalty-free licence to use, reproduce, modify and communicate any material submitted to the Promoter for any purpose that the Promoter may, at its sole discretion, determine appropriate.
8.3 In entering this Promotion, all participants consent to the publication of their name and city of origin in any advertisements or articles relating to the Promotion or the Prize and participate in any media releases which may include photographs of the Winner by the Promoter. In entering this Promotion, all participants consent to the use of their names and likeliness in this manner.
8.4 The Promoter collects personal information from all participants in order to conduct the Promotion and may for this purpose, disclose such personal information to third parties. The Promoter will use and handle participants personal information as set out in Elepay’s Privacy Policy, which can be accessed at https://elepay.com.au/privacy-policy. The Promoter will not disclose personal information to any entity outside of Australia.
8.5 If participants do not wish to receive marketing material, they should contact the Promoter on 1300 019 417.
9 General
9.1 The Prize is assessable income under current taxation law, and Elepay is required to report details of the Prize to the Australian Taxation Office (ATO). Withholding taxes may be applicable where an accountholder is a non-resident, or has chosen not to quote their tax file number. Eligible Participants should seek their own independent advice regarding their tax position. No responsibility is accepted for any variation in the value of the Prize. Any change in the value of Prize between the publishing date and the date the Prize is claimed is not the responsibility of the Promoter.
9.2 This information has been prepared without taking into account your objectives, financial situation or needs. You should consider if it is appropriate for you.