TERMS AND CONDITIONS OF ENTRY INTO "HCF $100 VISA Gift Card Promotion" for Prestige Inhome Care
1) Information on how to enter and prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
2) The Promoter is The Hospitals Contribution Fund of Australia Limited (ABN 68 000 026 746) of Level 5, 403 George Street Sydney NSW 2000 Australia ("Promoter"). To contact the Promoter, please call 1300 363 992.
3) The “HCF $100 VISA Gift Card Promotion” commences at 9:00am AEDT on Tuesday 9 March 2021 and ends at 4:00pm AEDT on Friday 9 April 2021 ("Promotion Period").
4) To be eligible to enter the competition you must:
a) reside in Australia; and
b) be 18 years or older; and
c) be eligible to join the HCF Corporate Health Plan for Prestige Inhome Care; and
d) not be an existing HCF member in the period on and from Saturday 9 January 2021,
5) Where applicable, all Eligible Entrants will be required to provide proof of eligibility to redeem their prize.
6) Employees (and their immediate family members) of HCF and agencies associated with this promotion are ineligible. An ‘immediate family member’ includes 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 first cousin.
7) An Eligible Entrant must during the Promotion Period:
a) book and attend a one on one consultation session with a HCF representative on Tuesday 9 March 2021 to discuss their health insurance needs and the corporate health insurance plan via the booking link located here; and
b) provide a valid email address and telephone number.
8) Only one (1) entry per Eligible Entrant permitted during the Promotion Period. Any subsequent entry after the first valid entry is received will be deemed invalid. Entries will be deemed accepted at the time of receipt by the Promoter however not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. There is no cost to enter.
9) The prize consists of one (1) $100 VISA gift card. The total prize value is AUD$100.00. The prize is not transferable, exchangeable or redeemable for cash. A prize must be taken as offered and cannot be varied.
10) The prize does not include any costs associated with redeeming the prize.
11) If the prize is not available for any reason, the Promoter reserves the right to substitute the prize with another item of equal or greater value if the winner agrees in writing and subject to any approvals from regulatory authorities. If the winner does not agree despite reasonable attempts by the Promoter to reach an agreement and the prize is not available due to circumstances beyond the Promoter's control, the Promoter may substitute the prize with another item or items determined by the Promoter to be of equal or higher value.
12) The winner will be determined at 5:00pm AEDT on Monday 12 April 2021 at the Promoter's offices at Level 5, 403 George Street Sydney NSW 2000 Australia. The winner will be determined by way of random manual draw by the Promoter from the eligible entries. The first valid entry drawn will win the prize as described above. The Promoter will take all reasonable steps to contact the winner as set out below in clause 13.
13) This is a game of chance and skill plays no part in determining the winners.
14) The judges' decision (including any decisions as to prize distribution) is final and the Promoter will not enter into correspondence regarding the result.
15) The winner will be notified by phone and in writing (email) within 2 days of the draw using the details provided at the time of entry. The prize will be distributed to the winner within 28 days of the draw. The name of the winner will be published on the Promoter's website at hcf.com.au/prestigetc by Monday 19 April 2021.
16) If the winner does not respond within 3 months of being notified that they have won the promotion, that winner is not readily identified and reasonable efforts have been made by the Promoter to identify the winner were unsuccessful, they will automatically forfeit their prize and the Promoter reserves the right to select another winner through a second chance draw.
17) If necessary, a second chance draw will be held on Monday 12 July 2021 at the same time and place as the first draw. The first valid entry drawn will win any unclaimed prize.
18) The winner will be notified by phone and in writing (email) within 2 days of the second chance draw using the details provided at the time of entry. The prize will be distributed to the winner within 28 days of the draw. The name of the winner will be published on the Promoter's website at hcf.com.au/prestigetc by Monday 19 July 2021.
19) The results of any second chance draw will be final and binding and no correspondence will be entered into in relation to the results of the draw.
20) The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter and not at the time of transmission. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
21) Incomplete, illegible and 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 not eligible to win.
22) 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 HCF, including but not limited to technical difficulties, unauthorised intervention or fraud, HCF reserves the right, in its sole discretion, to the fullest extent permitted by law including the Australian Consumer Law (a) to disqualify any individual; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
23) The Promoter reserves the right to amend the competition and its terms and conditions at any time and for any reason, and will notify entrants of any such amendments as soon as reasonably practicable on the competition page at hcf.com.au/prestigetc. It is the entrant's responsibility to regularly check the competition page for any amendments.
24) 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investment Commissions Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, HCF (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 this Promotion including:
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 the winner or entrant; or
f) use of the prize.
25) Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
26) The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
29) By entering into the Promotion, the entrant agrees and acknowledges that:
a) they may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos and video of them and collect comments from them on the day the prizes are awarded or while participating in a prize. References to comments about the competition, photos, videos and entry details are collectively, the "Materials";
b) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
c) without limiting clause 26(b), the Promotor may use the Materials for the purposes of marketing the Promotion and the Promotor, including on the Promotor's social media sites;
d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
e) they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
f) they waive all Moral Rights in the Materials that arise outside Australia; and
g) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
30) The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prize, including fringe benefits tax. Independent financial advice should be sought.
31) The laws of Victoria apply to this competition. Entrants submit to the exclusive jurisdiction of the laws of Victoria.