1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Sensis Pty Ltd (ABN 30 007 423 912) of 222 Lonsdale Street, Melbourne, VIC 3000, telephone (03) 8653 5000 (“Promoter”).
3. Entry is only open to businesses located in Australia that: (a) have an existing Yellow Pages Digital free business listing (“Free Listing”) as at 11/04/2016; (b) are contacted directly by the Promoter by email and/or telephone and invited to enter this promotion; and (c) are an Aquire member as at the time or entry or become an Aquire member before 11:59pm AEST on 07/07/2016, as required in order to take the prize if drawn as the winner (“Eligible Business”).
4. 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.
5. The promotion commences on 12/04/2016 and final entries close at 5:00pm AEST on 30/06/2016 (“Promotional Period”).
6. For an Eligible Business to be eligible to enter, an authorised representative (aged 18 years or over) of that Eligible Business must upgrade that Eligible Business’ Free Listing to an eligible Yellow Pages Digital paid business listing (that is, Foundation listings, Advantage, Professional or Professional + Yellow Pages Digital products) for the minimum term commitment applicable to the specific upgrade product selected (“Upgrade”) during the Promotional Period. The Upgrade must be completed over the phone with a Sensis sales representative. Eligible Businesses that are contacted by telephone and invited to enter can organise the Upgrade during that call. Alternatively, Eligible Businesses that are contacted by email and invited to enter can either phone the Promoter directly on the telephone number provided or can organise for a call back by following the prompts in the email they received. The minimum term commitments and costing of the Upgrade will be fully outlined by the Sensis sales representative during the call.
7. Once the Upgrade has been completed, the Sensis sales representative will enter the Eligible Business into the draw. Following the call, the Eligible Business will receive an email confirming their entry into the promotion.
8. Incomplete or cancelled Upgrades or inaudible telephone conversations will be deemed invalid.
9. Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per Upgrade; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. The Promoter reserves the right, at any time, to verify the validity of entries, Eligible Businesses and authorised representatives (including an Eligible Businesses place of business and the authorised representative’s position in the Eligible Business) and reserves the right, in its sole discretion, to disqualify any individual and/or Eligible Business 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.
11. If there is a dispute as to the identity of an Eligible Business or authorised representative, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Business or authorised representative.
12. The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne, VIC 3004 on 11/07/2016 at 11:00am AEST. Anisimoff Legal on behalf of the Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
13. The winning Eligible Business will be notified by email and phone within two (2) business days of the draw and the name of the winning Eligible Business will be published in The Australian on 18/07/2016.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The first valid entry drawn will win 500,000 Aquire Points. Aquire Points can be converted to Qantas Points to any Qantas Frequent Flyer account at a rate of 1:1 (“Qantas Points”). We recommend the winning Eligible Business consult their accountant or tax adviser to ensure they fully understand possible tax implications, for example fringe benefits tax (if applicable).
16. The total maximum national value of the prize, when converted to Qantas Points is up to AU$4,461 (as at 22.03.2016, based on a sample of the Qantas Frequent Flyer Awards and Rewards that could be obtained by redeeming through the Qantas Frequent Flyer program (as defined in the full terms and conditions of the program available at qantas.com/terms). For example, a total of 498,400 Qantas Points could be redeemed for two (2) return Economy seats from Sydney to London Heathrow in October 2016 (including all taxes, fees and carrier charges). The Promoter takes no responsibility for any variation in a prize’s value due to exchange rate changes or otherwise. The Aquire Points will be credited to the winning Eligible Businesses’ Aquire membership account. The winning Eligible Business must have an Aquire membership account in accordance with clause 3.
17. Subject to the unclaimed prize draw (as outlined in clause 20), if for any reason the winning Eligible Business does not take/redeem the prize, then the prize will be forfeited.
18. If the 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.
19. The prize, or any unused portion of the prize, is not transferable (unless as otherwise stated) or exchangeable and cannot be taken as cash.
20. A draw for the prize, if unclaimed, may take place on 11/10/2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winning Eligible Business, if any, will be notified by email and phone within two (2) business days of the re-draw and the name of the winning Eligible Business will be published in The Australian on 18/10/2016.
21. As a condition of accepting the prize, the owner of the winning Eligible Business agrees to participate in all promotional activity (such as publicity and photography) surrounding this promotion or their winning of the prize, free of charge, and consents to the Promoter using their name, likeness, image and/or voice (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.
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 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 Business; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
23. 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.
24. 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 an authorized representative or Eligible Business; or (f) use of/taking/redeeming the prize.
25. Each Eligible Business, including the winning Eligible Business, will be responsible for any taxes arising from their participation in this promotion or obtaining membership to the Aquire Loyalty Program.
26. As a condition of accepting the prize, the owner of the winning Eligible Business 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.
NSW Permit No. LTPS/16/02750
ACT Permit No. TP16/00650