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Terms and Conditions – Guess the EV drivers competition

 

General

  1. Name of promotional competition (Promotion)
    Guess the EV drivers competition
  2. Promoter
    The Promoter is Transurban Limited ABN 96 098 143 410 of Tower Five, Collins Square, 727 Collins Street, Docklands VIC 3008, 03 8656 8900, operating under the brand Linkt (Promoter). Linkt is a trademark of Transurban Limited ABN 96 098 143 410.
  3. Promotion Period
    Starts: 10am AEDT, Sunday 17 November 2024
    Ends: 4pm AEDT, Sunday 17 November 2024 

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Who can enter

  1. Entrants must:
    1. be 18 years old or over; 
    2. be a resident of Australia; 
    3. be an attendee at the EVs for Everyone event hosted by Transurban on Sunday 17 November 2024; and 
    4. visit the Linkt Rewards stand at the event and guess how many Linkt customers drive an EV.  
  2. The following persons are ineligible:
    1. officers, employees, and contingent workers of the Promoter.
  3. The Promoter reserves the right to request verification of identity, contact information, proof of attendance at the EVs for Everyone event, and any other information from any entrant or winner relevant to entry into, or participation in, the Promotion. Verification is at the discretion of the Promoter, whose decision is final.

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How to enter

  1. To enter, an eligible individual must, during the Promotion Period:
    1. Visit the Linkt Rewards stand at the EVs for Everyone event;
    2. Guess the number of Linkt customers who drive an EV; and
    3. Write their guess down on a piece of paper, along with their first and last name and mobile phone number.
      By entering a guess, entrants agree to these competition terms and conditions.
  2. The definition of ‘a Linkt customer who drives an EV’ is a customer who has an EV linked to their Linkt account and is an accurate estimate of the number of Linkt customers that drive an EV as of 22 October 2024.
  3. An eligible individual can only enter the competition once.
  4. An entry must be received by the Promoter by the end of the Promotion Period, or it will not be accepted. Entries are deemed to be received at the time of receipt by the Promoter, not at the time of transmission by the entrant.
  5. Handwriting on the entry paper must be legible for the purpose of prize fulfilment, and the entrant takes responsibility for ensuring their name and contact information is accurate.  
  6. The Promoter takes no responsibility should a person not have the software, hardware or mobile plan that permits access to, and use of, the method of entry. Any costs associated with accessing the internet, downloading data on a mobile device, or using any device to access and use the method of entry is the sole responsibility of the entrant and is dependent on the Internet/mobile service provider used. 
  7. To the extent permitted by law, the Promoter accepts no responsibility for: 
    1. any late, lost, or misdirected entries or other communications; or 
    2. any internet traffic congestion or problems with, or technical malfunction of, any hardware or software, including but not limited to any damage to the hardware or software of any entrant or other persons related to participation in the Promotion. 
  8. Entrants must not:
    1. tamper with the entry process;
    2. engage in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion; 
    3. use multiple aliases, email addresses, postal addresses, PO Box addresses and/or SIM cards to enter multiple times or use any form of software or third party application to enter multiple times (including scripting software) except where expressly permitted in these Terms; and 
    4. engage in conduct in entering the Promotion which, in the opinion of Promoter, is fraudulent, misleading, deceptive, or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. 
  9. The Promoter reserves the right to disqualify any individual who breaches these Terms, including but not limited to providing false information, failing to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering, or tampering with the Promotion.
  10. Entries remain the property of the Promoter. 

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Prizes

  1. The prize pool consists of 1 Prize: 1 x $250 Mastercard Digital Gift Card.
  2. If a Prize winner ceases to meet the eligibility requirements set out in paragraph 4 after entering the Promotion and before the Prize is delivered, the Prize will be forfeited by the winner and cash will not be awarded in lieu of the Prize. 
  3. Unless expressly stated otherwise, prize values are:
    1. in Australian dollars; and
    2. based on the recommended retail prices at the time of first publication of these Terms (inclusive of GST). The Promoter accepts no responsibility for change in prize value between the time of first publication of these Terms and the ultimate prize redemption date.  
  4. Prizes are not transferable, exchangeable and cannot be redeemed for cash. If a Prize or any element of a Prize is unavailable for any reason, the Promoter may substitute for that Prize, or an element of that Prize, another item of equal or higher value as determined by the Promoter (in its sole and absolute discretion).
  5. Tax implications may arise from the receipt or use of a Prize. Independent financial advice should be sought.

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Prize specific terms

  1. Mastercard Digital Gift Card Terms
    1. The Prize winner will receive an SMS from Mastercard with instructions on how to access their Mastercard Digital Gift Card. The winner downloads and opens the Mastercard Gift app, enters their mobile number, then follows the steps to add the Mastercard Digital Gift Card to their mobile wallet.  
    2. The winner is responsible for ensuring they are able to download and activate the Mastercard Digital Gift Card – no physical gift card will be provided. 
    3. The Mastercard Digital Gift Card is a Mastercard prepaid gift card that can be used for purchasing goods and services, where the Card is accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions). The Mastercard Digital Gift Card cannot be linked to any deposit account. Please note, some merchants may choose to not accept the Mastercard Digital Gift Card. 
    4. The Mastercard Digital Gift Card can only be used in Australia for in-store and online purchases where Mastercard prepaid gift cards are accepted. The Mastercard Digital Gift Card cannot be used to make purchases overseas or with overseas -registered online merchants. 
    5. The Mastercard Digital Gift Card cannot be used to make transactions that exceed the Mastercard Digital Gift Card’s available balance. To complete such a transaction, you will need to pay the difference by another method, if the merchant agrees. 
    6. The Mastercard Digital Gift Card is not reloadable and may be subject to value limits. It is only valid and useable until the expiry date shown on the Mastercard Digital Gift Card App. Both the Mastercard Digital Gift Card and the value on the card has an expiry (36 months from date of activation). 
    7. The Mastercard Digital Gift Card can only be used subject to the merchant’s terms and conditions. Some merchants may choose not to accept the Card, and authorisations may be declined at some merchants in higher risk industries (such as gambling and adult services). We are not liable in any way when authorisation is declined for any particular transaction, except where the authorisation has been declined because of an act or omission on our part. 
    8. To read the full terms and conditions, visit https://www.karta.com.au/digital/mastercardgift/terms-and-conditions   

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How the Prize winner will be determined

  1. The Prize winner will be determined as follows:
    1. the eligible individual who guesses the number of Linkt customers who drive an EV correctly; or
    2. where no eligible individual guesses the number correctly, the eligible individual who places the closest guess to the number of Linkt customers who drive an EV.
  2. Entries will be reviewed and a winner will be determined on or before 12pm AEDT, Monday 18 November 2024 unless multiple eligible individuals meet the winning criteria set out in paragraph 23, in which case paragraph 25 applies.
  3. If multiple eligible individuals guess correctly, or are tied for placing the closest guess, a random draw including all correct guess (or closest guesses, as relevant) will take place at 12pm AEDT, Tuesday 19 November 2024 (the Draw Date) at Transurban Limited, Tower Five, Collins Square, 727 Collins Street, Docklands VIC 3008. On the Draw Date, the first entry to be randomly drawn will be deemed the Prize winner.

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How the Prize winner will be notified

  1. The Prize winner will be notified via phone call within 3 days of the Draw Date. The winner will then receive an SMS from Mastercard containing instructions on how to access their Mastercard Digital Gift Card. 
  2. The Promoter will make all reasonable attempts to identify and contact the winner.
  3. Unsuccessful entrants will not be notified that they have not won a prize.
  4. Subject to applicable law, in the event that:
    1. a Prize winner cannot be identified or contacted on or before Tuesday 26 November 2024, despite all reasonable attempts to do so by the Promoter; or
    2. a Prize is unclaimed by that time for any other reason whatsoever (including because the winner has forfeited their right to the Prize, the winner does not accept the Prize, the winner or the winning entry does not comply with these Terms, or otherwise),
      the Promoter will determine a second chance winner (Second Chance Winner) for the unclaimed Prize. The Second Chance Winner will be determined in the same manner as stated in paragraphs 23 to 25 (subject to any written directions from a regulatory authority).
  5. If required, a second chance prize draw will take place at 12pm AEDT on Wednesday 27 November 2024 at Transurban Limited, Tower Five, Collins Square, 727 Collins Street, Docklands VIC 3008.
  6. The Second Chance Winner will be notified via phone call within 3 days of the Draw Date. The winner will then receive an SMS from Mastercard containing instructions on how to access their Mastercard Digital Gift Card.
  7. The Second Chance Winner will be notified on or before Monday 2 December 2024.
  8. If after a second chance round, the Prize remains unclaimed for any reason, the Promoter may dispose of the Prize as it sees fit (subject to any written directions from a regulatory authority). 
  9. The decision of the Promoter is final and binding; no correspondence will be entered into.

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Personal information

  1. Details from entries will be collected and used for the purpose of conducting the Promotion (which may include disclosure to third parties, including local lottery authorities, for the purpose of processing and conducting the Promotion), for promotional purposes surrounding the Promotion, and as otherwise set out in the Terms. All entries will be destroyed when no longer required for conducting the Promotion.
  2. Entrants’ personal information will be handled in accordance with the Promoter’s privacy policy, available at www.linkt.com.au/legal/policies/transurban-privacy-policy.
  3. Entrants may access, change and/or update their personal information held by the Promoter, and obtain a copy of the Promoter’s privacy policy, by contacting the Promoter via email at privacy@transurban.com or phone at 13 33 31.
  4. By entering the Promotion, entrants acknowledge that they have read and understood how their information will be used and disclosed by the Promoter and that this use and disclosure will be without any further reference or payment to the entrants. 

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Governing law

  1. The agreement which comes into force under these Terms is governed by, and must be construed in accordance with, the laws in force in New South Wales, and the Promoter and any consumer who participates in the Promotion submit to the non-exclusive jurisdiction of the courts of that State in respect of all matters arising out of or relating to these Terms, and the performance or subject matter of the Promotion.

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Limitation of liability

  1. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of god, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, security breaches, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the Promoter’s control which affect the proper or reasonably anticipated conduct or administration of the Promotion, or prevent the awarding of the Prize in accordance with these Terms. If such an event occurs, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion, subject to any written directions from a relevant regulatory authority.
  2. Nothing in these Terms limits, excludes or modifies the statutory consumer guarantees provided under the Competition and Consumer Act 2010 (Cth), or any other implied warranties under any legislation in Australia. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence), for any personal injury or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of the Promotion, including but not limited to where such injury, loss or damage arises 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 lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter; (d) any variation in the Prize value to that stated in these Terms; (e) any tax liability incurred by an entrant or a winner; (f) participation in the Promotion or any component of the Prize by an entrant or a winner; (g) the conduct, act or omission of any service provider or prize supplier associated with the Promotion; or (h) cancellation or postponement of any portion of the Prize for any reason beyond the reasonable control of the Promoter.

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