TERMS AND CONDITIONS OF ENTRY INTO RUBY CONNECTION WESTPAC 2010 BUSINESS PLANS 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. This Promotion is a game of skill; chance plays no part in determining the winner.

2.         The Promoter is Westpac Banking Corporation ABN 33 007 457 141 of 275 Kent Street, Sydney, NSW (“Westpac” or “the Promoter”), tel: 132 032. 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 Eastern Standard Time (“EST”) on 5 March 2010 and closes at 5.00pm EST on 25 March 2010 (“the Promotion Period”).

4.         Entry is open to permanent residents of Australia who submit a valid entry in accordance with clause 5 during the Promotion Period (“an Eligible Entrant”). Employees and contractors of the Westpac Group and their immediate families are ineligible to enter.

5.         To enter this Promotion, an Eligible Entrant must, during the Promotion Period:

(a)        be a registered member of therubyconnection website at www.therubyconnection.com.au (“therubyconnection website”) as of the end of the Promotion Period;

(b)        complete and submit the web-based Promotion entry form by providing:

(i)         all contact details requested (i.e. full name, contact telephone number, email address and preferred mailing address); and

(ii)        a response to the question "Tell us in 100 words or less, a time in your career or business life where you felt you faced the impossible and you turned the situation around to “the possible”?”.

(‘Entry’). No responsibility will be accepted by the Promoter for lost, late, incomplete, illegible, or misdirected Entries.

6.         Multiple Entries are not permitted. Entrants will only receive one entry into the draw for the first valid Entry submitted during the Promotion Period. All subsequent entries will be discarded.

7.         There is one prize available. The prize consists of a "Jan Logan Sterling Silver, pearl and leather Hepburn bracelet” valued at $650.00 at the time of publication (a “Prize”).  The total retail value of the Prize offered under this Promotion is $650.00 at time of publication. The Promoter takes no responsibility for any variation in the Prize value. The Prize is not transferable, exchangeable or redeemable for cash.

8.         The winning Entry will be those determined to have the most original and creative response to the question "Tell us in 100 words or less, a time in your career or business life where you felt you faced the impossible and you turned the situation around to “the possible”? in their Entry, as judged by a panel of judges appointed by the Promoter and the Eligible Entrant that submitted the winning Entry will be declared the winner (“Winner”).  Judging of the Entries will be conducted between 26 March 2010 and 29 March 2010 at Level 26, 275 Kent Street, Sydney (the “Judging”). The Entrant that submitted the best entry will receive the Prize (“the Winner”).  The judges’ decision is final and no correspondence will be entered into. The judges, in their discretion, may allocate fewer Prizes than the total Prize pool (including in circumstances where insufficient Entries are received or Entries are judged to be of a poor standard).

9.         The Winner will be notified by email using the email address disclosed on the entry form on 30 March 2010. 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 on the www.therubyconnection.com.au on 6 April 2010. To claim their Prize, the Winner must respond to the notification in the manner that will be set out in the notification email.

10.       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.

11.       If any Prize is not claimed by 9 June 2010, the Promoter may conduct such further judging of the Entries received as may be necessary to apportion all such unclaimed prizes.  Any subsequent judging will take place at the same place as the original Judging, by a panel of judges. Each winner will be notified by email to the address disclosed on the entry form on or around 12 June 2010 and the winner’s name will be published on therubyconnection.com.au from 16 June 2010    

12.    Except for warranties and conditions implied by law which cannot be excluded, neither the Promoter nor any other member of the Westpac Group make any representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these terms and conditions. Certain legislation may imply conditions or warranties which cannot be excluded, restricted or modified except to a limited extent.  In this event, to the extent permitted by law, the liability of the Promoter and all members of the Westpac Group is limited to, at its option: (i) the replacement of the prize or the supply of an equivalent prize; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply. 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. 

13.       Nothing in these terms and conditions is intended to exclude, restrict or modify the application of the Corporations Act 2001 and the Trade Practices Act 1974 or any equivalent State or Territory legislation.

14.       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. Personally-identifying information collected from participants in this Promotion is subject to the Westpac Group’s privacy policies, which can be found at http://westpac.com.au/internet/publish.nsf/Content/WIPP+Westpac+Privacy+Policy and will be handled in accordance with all applicable laws in Australia.

15.       By participating in this Promotion each participant grants the Promoter and the Westpac Group a perpetual, non-exclusive, transferable, irrevocable, royalty-free, worldwide license to use, reproduce, publish, distribute and disseminate all intellectual property rights in Entries that are capable of being assigned to the Promoter and consents to the Promoter and any other member of the Westpac Group using, reproducing or editing and adapting any Entry, if the Promoter wishes, in broadcast, electronic and print media, newsletters, in the Promoter branch merchandising and related marketing activities in whole or in part without attributing that Entry to the person who created it .

16.       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.

17.           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 beyond the control of the Promoter 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 tampers with the entry process and, after consulting with the relevant legislative authorities, to cancel, terminate, modify or suspend the Promotion.