Commonwealth Bank "Youthsaver $5,000 Cash" Promotion
Conditions of Entry
- Information on how to enter and prize details set out in all communications regarding the Commonwealth Bank of Australia “Youthsaver $5,000 Cash” Promotion (the “Promotion”) form part of these Conditions of Entry. Any entry not complying with these Conditions of Entry is invalid. Entry into this Promotion and the acceptance or receipt of any prize is deemed as acceptance of these Conditions of Entry.
- The Promoter is the Commonwealth Bank of Australia, ABN 48 123 123 124, of Level 3C, 11 Harbour Street, Sydney NSW 2000, telephone: 13 2221 (the “Promoter”).
- The Promotion commences at 01.00 am AEST on 01/02/2016 and closes at 11:59pm AEST on 30/04/2016 (the “Promotion Period”).
- Entry into the Promotion is open to individuals who satisfy the following eligibility requirements (“Eligibility Requirements”):
- Individuals must be Australian residents aged 18 years or over who have a child under the age of 18 years, and who have opened a Commonwealth Bank Youthsaver Account in their child’s name (which must still be open at the time the prize is awarded);
- Individuals must receive the promotional direct mailer directly from the Promoter inviting them to enter on behalf of their child; and
- Individuals must not be an employee or members of the immediate family of an employee (spouse, parent, sibling or child) of the Promoter or the Promoter’s related entities directly involved in the Promotion (as determined by the Promoter).
- To receive an automatic entry, individuals must satisfy the Eligibility Requirements and, during the Promotion Period, set an automated regular transfer of a set dollar amount of $50 or more into their child’s Commonwealth Bank Youthsaver account each month of the Promotional Period (“Regular Savings Plan”). Each transfer, as part of a Regular Savings Plan, must be the same amount, which must be $50 or more. For example, if a transfer of $50 is made during February 2016, a transfer of $50 must also be made during March 2016 and a transfer of $50 must also be made during April 2016, to be eligible to receive an automatic entry.
- Should an individual not wish to receive an automatic entry into the Promotion, they should contact the Promoter at Youth Banking, Marketing & Advertising, Commonwealth Bank Place, Level 3C, 11 Harbour Street, Sydney, NSW, 2000.
- Individuals will receive one (1) automatic entry into the draw on behalf of their child, once they complete the steps outlined in clause 5. If an individual has more than one (1) eligible child, they can receive one (1) entry in respect of each such child, provided that they have opened a separate Commonwealth Bank Youthsaver Account for each child and complete the steps outlined in clause 5 in respect of each child. There is a limit of one (1) automatic entry per Commonwealth Bank Youthsaver account.
- 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.
- There will be one (1) draw conducted for this Promotion. The computerised draw will take place at Commonwealth Bank Place, Level 3C, 11 Harbour Street, Sydney, NSW 2000 at 2:00pm AEST on 16/05/2016. The winner will be notified in writing within two (2) business days of the draw and their name and postcode will be published in the public notices section of The Australian newspaper on 26/05/2016.
- The first valid entry drawn will be awarded $5,000, to be directly deposited into the winner’s child’s Commonwealth Bank Youthsaver account. For the removal of doubt, the prize will be awarded to the child of the drawn winner, as a direct deposit into the relevant Commonwealth Bank Youthsaver account.
- Total prize pool value is $5,000. Prize is not transferable or exchangeable.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s and their child’s identity, age and place of residence) and to disqualify any entrant who the Promoter has reason to believe has breached any of these Conditions of Entry, 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 and Administrator’s legal rights to recover damages or other compensation from such an offender are reserved.
- A draw for the prize, if unclaimed, may take place on 16/08/2016 at the same time and place as the original draw, subject to any written directions from a regulatory authority. In the case of a winner, they will be notified in writing within two (2) business days of the draw and their name and suburb will be published in the public notices section of The Australian newspaper on 26/08/2016.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
- Entrants consent to the Promoter using their and/or their child’s name, likeness, image and/or voice in the event of a win (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.
- 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.
- The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website, or any combination thereof (including, but not limited to) any injury or damage to participants or any other person’s computer related to or related to or resulting from participation in or downloading any materials in this Promotion.
- Nothing in these Conditions of Entry 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.
- 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 Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
- As a condition of accepting the prize, the winning entrant (on behalf of their child) 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.
- These Conditions of Entry shall be governed by the laws of Australia and each entrant agrees to submit to the non-exclusive jurisdiction of Australia.
NSW Permit No. LTPS/16/00259 ACT Permit No. 16/00050