CPA AUSTRALIA ‘ WIN A ROCK STAR REW ARD FROM AMERICAN EXP RESS – CONCERT GIVEAWAY ’ PROMOTION TERMS AND CONDITIONS 1 OCTOBER 2015 FOR THE AUSTRALIAN CAPIT AL T ERRITORY 1. Information on how to enter and the prize details, forms part of the terms of entry. Entry into the ‘Win a rock star reward from American Express Concert Giveaway’ Promotion (the “Promotion”) is deemed acceptance of these Terms and Conditions. Entries not in accordance with these Terms and Conditions are deemed ineligible. 2. The Promoter is CPA Australia Ltd (ABN 64 008 392 452) of Level 20, 28 Freshwater Place Southbank VIC 3006 (“Promoter”). st 3. The promotional period commences on Thursday 1 October 2015 at 00:01 (AEST) and concludes at th 23:59 (AEST) on Friday 27 November 2015 (“Promotional Period”). 4. Eligible Entrant Entry is only open to individuals who: a) are aged 18 years or older; b) reside in the Australian Capital Territory (State); c) are an ASA or Certified Practicing Accountant of CPA Australia Ltd; ® d) are the primary account holder of a valid CPA Australia American Express Credit Card Account (CPA Australia American Express Credit Card); e) at the time of the Promotion must not be in default under their American Express Credit Card account contract; and f) have entered the Promotion either via an SMS, email or by completing an online form which can be found at cpaaustralia.com.au/win (Eligible Entrants). 5. Employees and Directors of the Promoter, and their licensees, agents, agencies and sponsors of the Promoter’s event(s) (that is Promotion relates to), and their immediate families, are ineligible to enter. Corporate entities as described in the Corporations Act (Cth) 2001 are excluded from entering this Promotion. 6. Selection of the Promotional Winner and Prize The Promotion will consist of one draw for Eligible Entrants in the state of New South Wales, Australia. 7. The Promotion will be advertised on the Promoter’s website at (www.cpaaustralia.com.au/win), at the 2015 CPA Congress events and by electronic messaging.The draw will be conducted by the Promoter at the offices of CPA Australia Limited, Level 20, 28 Freshwater Place, Southbank Melbourne 3006, at 16:00 AEDST on Monday 30th November 2015 (Prize Draw). 8. One Eligible Entrant will be drawn at random (First Drawn Entrant). 9. A further five Eligible Entrants will also be drawn at random (Back-up Entrant). 10. The First Drawn Entrant (or Back-up Entrant if applicable) will only be deemed a winner of the Promotion once American Express Australia confirms that they are not be in any default under their American Express Credit Card account contract. 11. If the First Drawn Entrant is in default (as specified in Clause 10) and the first drawn Back-up Entrant is not in default of their American Express Credit Card account contract, the first drawn Back-up Entrant will be deemed the winner of the Promotion. 12. If the First Drawn Entrant and the first drawn Back-up Entrant are in default of their American Express Credit Account contract, the Promoter will draw each subsequent Back-up Entrant in order and prior to that Entrant becoming the winner, American Express Australia must confirm that the Entrant is not in default under their American Express Credit Card account contract. This same process will be conducted until a valid winner is chosen. 13. One (1) valid Entrant (in accordance with Clause 10 above) will be drawn as the winner of the Promotion (Winner). There will be one (1) Winner only. 14. The Winner will receive two (2) admission tickets to attend the ‘Cirque Du Soleil Quidam” event to be held on or around 12 December 2015 at the AIS Arena (Canberra), with a total minimum value of AUD336.44based on the recommended retail value at the time of printing. 15. The Winner will be notified of their Prize by telephone (to their nominated contact number), or by email (to their nominated email account), within 48 hours of the Prize Draw. 16. The Winner will have their first initial, last name and State of residence published on the CPA Australia website no later than two (2) days after the Prize Draw. 17. Should an Entrant’s contact details change during the Promotional Period, it is the Entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an Entry should be directed to the Promoter by email to [email protected] th 18. If the Winner cannot be contacted, and confirm that they accept their Prize before 5.00pm on Friday 4 December 2015, a re-draw will be conducted from the list of Back-up Entrants by the Promoter at 9am, th Monday 7 December 2015 (Prize Re-draw). No further Prize Draws or Prize Re-draws will take place. 19. Subject to any non-excludable statutory obligations, the Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Promotion result. 20. It is a condition of accepting the Prize that the Winner must comply with all the terms and conditions of use of the Prize and the Promoter’s requirements as stated by these Terms and Conditions available at (www.cpaaustralia.com.au/win). 21. The Promoter reserves the right to request the Winner provide proof of identity, proof of residency at the nominated Prize delivery address and/or proof of entry validity (including credit card statement of the applicable CPA Australia American Express Credit Card) in order to claim a Prize. Proof of identification, residency and Entry considered suitable for verification is at the discretion of the Promoter. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the Prize in whole and no substitute prize will be offered. 22. The Promoter reserves the right to verify the validity of Entries and to disqualify any Entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the Entry process, who submits an Entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a Winner retrospectively if the Promoter becomes aware that the Winner and/or the Winner’s Entry is of a type described in this clause. 23. The Promoter and each of its related bodies corporate, officers, employees and agents accept no responsibility for any late, lost or misdirected Entries due to technical disruptions, network congestion or for any other reason. 24. In the event where there are no valid Entrants in the Promotional Period then no Prize will be awarded. 25. The Prize cannot be transferred and cannot be redeemed for cash. 26. Unless expressly stated in these terms and conditions all other expenses (including installation costs, travel to and from the event/departure point etc) will be the responsibility of the Winner. 27. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a Prize of equal or greater value, subject to applicable State regulation. 28. By accepting the Prize, the Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the Prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the Prize. 29. In consideration for the Promoter awarding the Prize to a Winner, the Winner hereby permits the Winner’s image and/or voice, as recorded, photographed or filmed during the Winner’s participation in the Prize to appear in connection with the Promoter and American Express or the advertising or marketing thereof, in any media whatsoever throughout the World and the Winner will not be entitled to any fee for such use. 30. In the event that for any reason whatsoever a Winner does not take an element of the Prize at the time stipulated by the Promoter, then that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu of that element of the Prize. 31. Prize values are based upon the recommended retail prices at the time of printing these terms and conditions (inclusive of GST). The Promoter accepts no responsibility for change in the Prize value between now and the ultimate Prize redemption date. 32. The Promoter and each of its related bodies corporate, officers, employees and agents and the licensees are not liable for any tax implications (including any Fringe Benefits or Personal Income Tax). Independent financial advice should be sought as tax implications may arise as a result of accepting the Prize. 33. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation. 34. The Promoter and each of its related bodies corporate, officers, employees and agents shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any Prize/s or this Promotion except for any liability which cannot be excluded by law. The Promoter and each of its related bodies corporate, officers, employees and agents is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of Entries. 35. The Promoter 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, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 36. The Promoter and each of its related bodies corporate, officers, employees and agents, and their associated agencies and companies assume no responsibility and will not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. The Entrant will fully indemnify the Promoter for any loss (including indirect or consequential loss), liability or damage it suffers arising from the negligent acts or omissions of the Entrant. 37. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or 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, take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any written direction given under applicable State regulation. Changing, modifying or suspending the promotion is subject to relevant state and territory regulations. A promoter/agent cannot change, modify or suspend a promotion without permission from the state bodies who issued permits for this promotion 38. All Entries become the property of The Promoter. The Promoter may use the Entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise notified by the Entrant. Entrants confirm that they allow their details to be used for this purpose. If Entrants no longer consent to their details being used for future marketing purposes, the Entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the Entrant’s details should be directed to the Promoter. 39. The ACT permit number for this Promotion is TP 15_07725. Privacy Statement 40. Your personal information collected by CPA Australia for this Promotion (Personal Information) is collected and used to: (a) conduct the Promotion; (b) process your entry into the Promotion; (c) award you any prizes referred to in the Promotion Terms and Conditions; (d) identify you as the Winner; (e) facilitate future CPA Australia marketing campaigns; (f) conduct analysis or market research; (g) provide your Personal Information to American Express Australia for the purposes of determining whether or not you are in default under their American Express Credit Card account contract; and (g) generally provide you with information on our products, services, events or promotions. By entering the Promotion you consent and agree that we may use your name and image to identify you as the Promotion Winner. 41. CPA Australia may disclose your Personal Information to external service providers to which CPA Australia has contracted out functions such as printers, mailing houses, IT companies and media and advertising companies, but only for the purpose set out above in Clause 40 of this Privacy Statement. Your Personal Information may be transferred or stored outside the country where the information was collected for the purposes stated above. 42. CPA Australia and the external service providers referred to in Clause 40 and 41 above may contact you through e-mail, SMS, telephone or post for the purpose(s) set out above in Clause 40 of this Privacy Statement. 43. You have the right to access or correct any Personal Information we hold about you (subject to any applicable legal exceptions). The Promoter will generally provide you with access to your Personal Information. You can opt out of receiving further communications from us. 44. If you do not provide the Promoter with the Personal Information requested, or if you provide the Promoter with inaccurate Personal Information, the Promoter will not be able to process your Entry into the Promotion. 45. The Promoter complies with all relevant privacy laws including the privacy laws of Australia. 46. Entrants’ personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter. 47. The Promoter is collecting the Entrants personal information for the purpose of conducting and promoting this Promotion (including but not limited to determining and notifying winner). The Entrant's personal information may be disclosed to American Express Australia for verification of eligibility. If you are not willing for this to occur you cannot participate in the Promotion.
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