"ING FESTIVE SEASON" PROMOTION
TERMS AND CONDITIONS
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. All times referenced in these Terms and Conditions are expressed in Australian Eastern Daylight Savings Time ("AEDST").
"ING FESTIVE SEASON" PROMOTION
TERMS AND CONDITIONS
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. All times referenced in these Terms and Conditions are expressed in Australian Eastern Daylight Savings Time ("AEDST").
The promoter is ING Bank (Australia) Limited, ABN 24 000 893 292, AFSL 229823, Australian Credit Licence 229823 (trading as 'ING DIRECT') of 140 Sussex Street, Sydney, NSW 2000, telephone 133 464 ("Promoter").
Entry is only open to Australian residents aged 18 years or over with an ING Direct Orange Everyday Account at the time of entry and at the time of the draw.
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means 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 1st cousin.
The promotion commences at 12:00am on 07/10/2016 and final entries close at 11:59pm on 31/12/2016 ("Promotional Period").
To receive an automatic entry, individuals must complete a transaction (no minimum amount required) using their ING DIRECT Orange Everyday Account ("Qualifying Transaction"). Qualifying Transactions will include any transaction made from the entrant's ING DIRECT Orange Everyday Account using Visa, PayWave, Direct Debit, Pay Anyone or BPay functionality.
Incomplete transactions will be deemed invalid.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction; (b) a maximum of ten (10) entries permitted per Daily Draw (defined below); (c) each entry must be submitted separately and in accordance with entry requirements; and (d) only one (1) prize permitted per person (excluding SA residents).
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant'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, 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's legal rights to recover damages or other compensation from such an offender are reserved.
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 the entries received each day of the Promotional Period (each a "Daily Draw"), for a total of eighty-six (86) Daily Draws. Entries into each Daily Draw will open at 12:00am and close at 11:59pm each day of the Promotional Period. The Daily Draws will take place at Anisimoff Legal, 5/210 Central Coast Hwy, Erina NSW 2250 at 12:00pm on the dates outlined in the table below. Anisimoff Legal on behalf of the Promoter, may draw additional reserve entries in each Daily Draw and record them in order in case an invalid entry or ineligible entrant is draw. For clarity, non-winning entries in each Daily Draw will not be entered into subsequent Daily Draw(s).
Daily Draw Draw Date
Daily Draws 1-14 (i.e. entries received 07/10/2016 – 20/10/2016) 21/10/2016
Daily Draws 15-28 (i.e. entries received 21/10/2016 – 03/11/201) 04/11/2016
Daily Draws 29-42 (i.e. entries received 04/11/2016 – 17/11/2016) 18/11/2016
Daily Draws 43-56 (i.e. entries received 18/11/2016 – 01/12/2016) 02/12/2016
Daily Draws 57-70 (i.e. entries received 02/12/2016 – 15/12/2016) 16/12/2016
Daily Draws 71-86 (i.e. entries received 16/12/2016 – 31/12/2016) 06/01/2017
The winners will be notified by email within two (2) business days of the relevant Daily Draw and their names will be published online at ingd.me/getclever from 13/01/2017. Any SA winners will also be published in The Advertiser (SA) on 13/01/2017.
The Promoter's decision is final and no correspondence will be entered into.
The first valid entry drawn in each Daily Draw will each win $1,000, awarded in the form of an electronic transfer into the winner's ING DIRECT Orange Everyday Account.
Total prize pool value is $86,000.
Prizes, or any unused portion of a prize, are not transferable or exchangeable.
A draw for any unclaimed prizes may take place on 06/04/2017 at the same time and place as the original Daily Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the re-draw and their names will be published online at ingd.me/getclever from 13/04/2017. Any SA winners will also be published in The Advertiser (SA) on 13/04/2017.
Entrants 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.
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.
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.
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 entrant; or (f) use of/taking/redeeming a prize.
The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.ingdirect.com.au/privacy.html. The Privacy Policy also contains information about how entrants may opt out of receiving direct marketing material from ING DIRECT, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (see the Promoter's Privacy Policy for details).
NSW Permit No. LTPS/16/07946 ACT Permit No. TP16/01984 SA Permit No. T16/1798
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