Background
Brisbane Home Loans ABN 52 622 964 541 (‘the Promoter’) is offering clients who meet strict eligibility requirements the opportunity to enter the draw to win One (1) Seven (7) day cruise on P&O’s Pacific Dawn (‘the Promotion’).
This document outlines the agreed terms and conditions upon which any client who elects to enter the Promotion (‘the Contestant’) and the Promoter agree to enter into for the purposes of the Promotion. Entry into the Promotion is deemed acceptance of these terms and conditions.
To the extent of any inconsistency between these Terms and Conditions and any other reference to the Promotion, these terms and conditions prevail.
Prize
The successful Contestant will win One (1) Seven (7) day cruise on P&O’s Pacific Dawn in an interior cabin for two (2) people departing from Brisbane on 30 May 2020 and returning to Brisbane on 6 June 2020, along with $200.00 in on-board credit with a total prize value of $1,998.00 (‘the Prize’).
Unless otherwise expressly stated, the value of the Prize is based upon the recommended retail prices at the time of first publication of these Terms and Conditions (inclusive of GST). The Promoter accepts no responsibility for change in value of the Prize between now and the conclusion of the Promotion.
The Contestant acknowledges that if they successfully win the promotion, they are responsible for organising their own travel arrangements to travel to and from the departure and return points of the cruise at their own cost. the Contestant acknowledges that the Promoter is not responsible for any costs other than the Prize, and that the Contestant is responsible for all other costs including but not limited to Spending money, additional meals, insurance, taxes, visas, vaccinations, passports, transport to and from departure point in Brisbane, Australia, items of a personal nature, in-room charges and all other ancillary costs and gratuities.
the Contestant is responsible for ensuring that they and any travel companion comply with health and any other government requirements that may apply to the Prize. All prize travel will be subject to P&O’s General Conditions of Carriage. It is the Contestant’s responsibility to ensure that they have reviewed and understood these conditions prior to entering the Promotion.
It is the the Contestant’s personal responsibility to ensure that if they are successful, they have valid travel documentation, including valid passports and visas, which meet the requirements of government authorities at the relevant destinations. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Contestant. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. the Contestant should obtain travel advice from independent sources, such as the web site of the Australian Department of Foreign Affairs and Trade.
the Contestant acknowledges that a credit card deposit or cash deposit will be required upon arrival at the Prize departure point in order to board the cruise ship, for any incidental charges. The Contestant acknowledges that they are required to provide this deposit, and that this is not the responsibility of the Promoter.
The Contestant acknowledges that the Promoter recommend that Independent financial advice be sought with respect to any tax implications may arise as a result of accepting the prize.
The Contestant acknowledges that the Prize must be used on 30 May 2020 which will mark the commencement of the cruise. The Prize is only available on this date and cannot be changed, exchanged or refunded for cash. If the Contestant is, for whatever reason, unable to travel during the dates of the cruise, or do not take an element of the prize within the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner. The Prize cannot be transferred, exchanged or redeemed for cash.
In the event of war, terrorism, state of emergency, disaster, bad weather, or an act of god, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify the Prize, subject to any written directions from a relevant regulatory authority.
It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
Duration of the Promotion
The Promotion is made up of a single Promotional Period. The Promotional Period will commence Sunday 1st of September 2019 at 1:00 PM AEST and concludes on Friday 28th of February 2020 at 5:00 pm AEST. Entries must be received by the Promoter prior to the competition close date and time.
The time of the Contestant’s entry into the Promotion will be the time at which the Promoter receives notification from the Contestant’s financier that the relevant loan has settled, thus satisfying the Eligiblity Criteria of the Promotion.
he Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
The successful Contestant will be notified by telephone or email within 48 hours of the draw. The winner of the prize will be published on Brisbane Home Loans website, Facebook page, Instagram page and any other means of social media on Monday the 9th of March 2020.
The Prize will be awarded to the Contestant named in the relevant loan application. In the event where the application is in more than two borrowers names, the Prize will be awarded to the main nominated borrower as per the loan application (i.e. the primary borrower or person selected to receive bank correspondence or person allowed to make transactional changes to their accounts).
Should the Contestant’s contact details change during the Promotional Period, it is the Contestant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
Subject to State Regulation, if the Prize remains unclaimed for a period of seventy-two (72) hours from the date that the winner is announced, an unclaimed prize draw will take place at 3:00 pm AEST on Friday 13th of March 2020 at 20/357 Gympie Rd, Strathpine QLD 4500. The winner of the unclaimed prize draw will be notified by telephone or email within 48 hours of that draw. The winner of the prize will be published on Brisbane Home Loans website, Facebook page, Instagram page and any other means of social media on Friday the 13th of March, 2020.
If the Contestant wins the Promotion and subsequently becomes aware that they are going to be unable to attend the cruise, they must notify the Promoter in writing as soon as practically possible. If Promoter receives such notification it is at the Promoters discretion to elect whether to redraw the prize draw again (subject to State regulation) or to forfeit the prize.
The Promoter reserves the right to redraw the Prize if the winning Contestant is unable to satisfy these terms and conditions.
It is a condition of accepting the prize that the Contestant must comply with all the conditions of use of the prize and P&O’s requirements. It is the responsibility of the Contestant to confirm such conditions with P&O or other relevant third parties.
Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend the Promotion if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the Promotion. The Promoter will disqualify any Contestant who has tampered with the entry process or any other aspect of the Promotion.
If for any reason the Promotion is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the Promotion, subject to any direction given under State Regulation.
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 State and Territory legislation. The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
The Promoter will make reasonable efforts to deliver prizes to the addresses provided by the Contestant. If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
Copyright, Statutory guarantees, Waiver and liability
In consideration for entrance in the Promotion, the Contestant hereby permits their image and/or voice, as recorded, photographed or filmed during the Promotion to appear in connection with the Promoter and any publications 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.
Duration of the Promotion
For the avoidance of doubt, the Contestant and the Promoter acknowledge that the Contestant will not be entered into the Promotion through obtaining conditional or unconditional approval, or by completing and returning this document to the Promoter.
The Promoter accepts no responsibility for any failure of the Contestant to enter the Promotion during the Promotional Period due to any delay in the settlement of their relevant loan.
Eligibility Criteria & How to Enter
To be eligible to enter the Promotion, the Contestant must:
a) Be eighteen (18) years or older as at the time of entering the Promotion;
b) Not be an employee or immediate family member of an employee of the Promoter and their associated companies and agencies and participating outlets. For the purposes of the Promotion, immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or stepchild (whether natural or by adoption), parent, stepparent grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
c) Apply, be approved, settle and draw down on residential or commercial loans with a minimum aggregate loan size of $300,000.00 or more through the use of Brisbane Home Loans mortgage broking services. For the purposes of this promotion, refinancing of existing commercial or residential loans over $300,000.00 will also satisfy this condition; and
d) Have a settled and fully drawn loan by 28 February 2020; and
e) Agree in writing to retain the loan for a minimum of two years with any offset account representing less than 20% of the loan.
To enter the Promotion, the Contestant must complete and execute an entry form along with these terms and conditions and return said form to the Promoter.
The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. If the Contestant cannot provide suitable proof, the Contestant will forfeit any claim to the prize in whole and no substitute will be offered.
The Contestant is only entitled to enter the Promotion on one (1) occasion and is not permitted to make multiple entries if they take out multiple loans over $300,000 at different times during the Promotional Period.
The Contestant is required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms and conditions. For the purposes of these content requirements, “entry content” includes any content (including financial information, transaction statements, or information required for the preparation of a home loan or commercial loan), that the Contestant submits, uploads, transmits, publishes, communicates or otherwise uses in connection with their entry into the Promotion. The Promoter reserves the right to verify the information provided. If the information cannot be verified to the Promoter’s satisfaction, then the Contestant will need to provide documents to satisfy the Promoter.
Any entry that is made on behalf of the Contestant by a third party will be invalid, unless the Contestant requires the assistance of a third party to enter due to a disability.
The Promoter reserves the right to disqualify the Contestant if they tamper with the entry process, or submit an entry that is not in accordance with these terms and conditions 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 the Promoter.
Drawing of Prize
The Prize will be drawn by the Promoter at 3:00 pm AEST on the 9th of March 2020 at 20/357 Gympie Rd, Strathpine QLD 4500.
If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
To the extent permitted by law, the Promoter is not responsible or liable for:
a) inaccurate / incorrect transcription of entry information;
b) purported entries that are not received for any reason, including because any necessary documentation was lost, misdirected or stolen, or that are received, but are late, illegible, incomplete, or made other than as directed in these terms and conditions;
c) any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software;
d) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any Website;
e) unauthorized human intervention in any part of the competition;
f) electronic or human error which may occur in the administration of the competition;
g) any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where applicable, to any family/persons accompanying a winner; or
h) any injury or damage to persons or property, including to the participant’s or any other person’s computer related to, or resulting from, participation or downloading any materials in this competition.
The Promoter will not be liable for personal injury suffered as a result of engaging in use of the Prize. The Contestant acknowledges that if successful, they and any guests must sign and return any liability release and indemnity provided by the Promoter and/or its contractors as a condition of the Prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited.
These terms and conditions do not affect, and are not intended to affect, any rights the Contestant might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the Prize supplied again.
As a condition of accepting the prize, the Contestant and any companion must sign any legal documentation as and in the form required by the Promoter and/or P&O cruises in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the Contestant’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
Minimum Term of Loan
Any loans applied for, settled and drawn down as part of this promotion cannot be refinanced, closed or paid out within two (2) years from date of settlement. If the loan is paid out, closed or refinanced, any loss of income incurred through lender claw back can be charged to the Contestant.
If the Contestant also becomes the winner and closes, pays out or refinances the loan applied for under the promotion, not only can the loss of income incurred through the lender claw back be charged to the Contestant, but also the cost of the promotional prize being offered.
