TERMS AND CONDITIONS OF ENTRY INTO “SleepFit Survey Promotion”

  1. Information on how to enter and prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
  2. The Promoter is The Hospitals Contribution Fund of Australia Limited (ABN 68 000 026 746) of Level 5, 403 George Street Sydney NSW 2000 (“Promoter“).
  3. The “SleepFit Survey Promotion” commences at 9:00am AEST on Thursday 30 May 2019 and ends at 11:59pm AEST on Wednesday 26 June 2019 (“Promotion Period“).
  4. Entry is only open to residents of [Australia] (“Eligible Entrants”) who are aged 18 years and over, have a valid email address. Where applicable all Eligible Entrants will be required to provide proof of eligibility to redeem their prize.
  5. Employees (and their immediate family members) of HCF and agencies associated with this promotion are ineligible. An ‘immediate family member’ includes 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 first cousin.
  6. To enter and be eligible to win, an Eligible Entrant must, during the Promotional Period:
    1. visit http://perpetual.sleepfit.com.au/;
    2. complete the SleepFit ‘sleep survey’ including by providing their ‘top sleep tip’; and
    3. provide their first name, surname, and valid e-mail.
  7. Only one (1) entry per Eligible Entrant permitted. Any subsequent entry after the first valid entry is received will be deemed invalid. Entries will be deemed accepted at the time of receipt by the Promoter however not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid.
  8. The total prize pool value is $690. The prizes consist of three black Fitbit Charge 3’s (valued at $229.95 RFP) The Promoter takes no responsibility for any variation in the prize/s value. The prize/s is not transferable, exchangeable or redeemable for cash. A prize must be taken as offered and cannot be varied. The prize value is the recommended retail price including GST.
  9. The prize draws will be conducted on Thursday 27 June 2019 at the Promoter’s premises, being Level 5, 403 George Street Sydney NSW 2000. Winners will be determined by way of selection by the Promoter from the entries. The [3] entries with the most original, effective, ingenious sleep tip from all eligible entries will win the prizes in order of value.  The Promoter will take all reasonable steps to contact the winners as set out below in clause 12.
  10. This is a game skill and chance plays no part in determining the winner.
  11. The judges’ decision (including any decisions as to prize distribution) is final and the Promoter will not enter into correspondence regarding the result.
  12. The winners will be notified by phone and in writing (email) using the details provided at the time of entry. Should attempt to contact be unsuccessful after three (3) attempts the prize will be awarded to another entrant. To claim the prize the winner must respond in writing (email).
  13. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter and not at the time of transmission.  No responsibility will be taken for lost, late or misdirected entries.  The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
  14. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
  15. 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 HCF, including but not limited to technical difficulties, unauthorised intervention or fraud, HCF reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any individual; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
  16. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investment Commissions Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees“). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, HCF (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 this Promotion.
  17. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
  18. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  19. By entering the Promotion, the entrant understands and agrees that the Promoter may use and disclose the information provided by the entrant on the terms and for the purposes (including marketing) set out in the Promoter’s Privacy Statement available at https://www.hcf.com.au/about-us/about-HCF/governance-and-structure/policies/privacy-policy or by calling 1300 363 992, as if they were a customer of the Promoter. The entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If the entrant would like to access or correct the personal information that the Promoter holds about the entrant, or if the entrant does not wish the information to be disclosed, the entrant should advise the Promoter by phoning 1300 363 992.
  20. HCF collects personal information (“PI“) in order to conduct this offer and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Submitting a claim 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.hcf.com.au/privacy-policy/. The Privacy Policy also contains information about how you may opt out, access, update or correct your PI, how you may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose your personal information to any entity outside of Australia, however persons outside of Australia may view some of your personal information on the Promoter’s social media sites as set out in Clause 21 below.
  21. By entering into the Promotion, the entrant agrees and acknowledges that:
    1. they may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos and video of them and collect comments from them on the day the prizes are awarded or while participating in a prize. References to comments about the competition, photos, videos and entry details (including the entrant’s ‘top sleep tip’ provided as part of their entry as referred to at clause 6.(b)) are collectively, the “Materials“;
    2. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;