MasterCard applause G.I. JOE Promotion
Conditions of Entry - MasterCard Asia/Pacific Pty Ltd
1. Information on how to enter and prize details set out in all communications regarding the MasterCard applause G.I. Joe Promotion ("Promotion") form part of the Conditions of Entry. By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these Conditions of Entry and the decision of the Promoter on all matters relating to the Promotion are final and binding. Participants must be individual MasterCard cardholders who are eligible to participate in the Promotion as set out at condition 4.
2. The Promoter is MasterCard Asia/Pacific (Australia) Pty Ltd, ABN 95 108 603 345, L8 100 Arthur Street, North Sydney, NSW 2060, Australia (phone: +61 2 9466 3840).
3. The Promotional Period for this Promotion commences Thursday 2 July 2009 at 00.01 (AEST) and concludes on Friday 14 August 2009 at 23:59 (AEST) ("Promotional Period").
4. Entry into the Promotion is open to MasterCard cardholders who satisfy the following eligibility requirements ("Cardholders"):
a) Who are residents of Australia or New Zealand over the age of 18 years old and who for the Promotional Period and up to and including the date on which the prize is finally awarded hold a valid MasterCard (being a standard, gold, platinum or co-brand MasterCard card, whether credit, debit or prepaid, other than a commercial card) and who are the persons liable to make payments under the relevant MasterCard account (i.e. primary cardholder), and any additional (i.e. supplementary) cardholders who are residents of Australia or New Zealand and over the age of 18 years;
b) Who register their contact details in accordance with condition 9; and
c) Who are available to travel within the timeframe specified in condition 11 on dates to be nominated by the Promoter.
5. Employees of the Promoter, or the Promoter's associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members are ineligible to participate.
6. To enter the prize draw, a Cardholder must register in accordance with condition 9 during the Promotional Period. The Cardholder will automatically receive one entry in respect of the draw for the prize under the Promotion for a valid registration made. Cardholders may only register once and therefore may only gain one entry into the prize draw.
7. Prizes will be awarded to the Cardholder of the MasterCard account used to make a winning entry. If the Promoter cannot determine whether the primary cardholder or an additional cardholder made the prize winning registration, the relevant prize will be awarded to the primary cardholder of the account used to make the winning entry. Any Cardholder whose account (in the case of an additional cardholder, the primary cardholder's account) is more than 30 days in arrears (the minimum payment due on the MasterCard account being more than 30 days overdue) as at the time of the relevant draw, is ineligible to enter the Promotion and is not eligible for any prize ("Prize Exclusion Provision").
8. Cardholders who are primary cardholders irrevocably consent and authorise the Promoter to contact their issuing bank, and their issuing bank to confirm to the Promoter that their account used to make a valid purchase is in order (and that the Prize Exclusion Provision as set out in condition 7 does not apply to them). If a primary cardholder does not consent to the Promoter contacting their issuing bank and to their issuing bank confirming that the Prize Exclusion Provision does not apply, it must notify its issuing bank or the Promoter of this fact prior to the prize being drawn, or else the primary cardholder will be deemed to have consented to such disclosure by their issuing bank. Where an additional cardholder's entry is drawn, further to condition 1, the additional cardholder must obtain the consent of the primary cardholder to the matters set out in this condition (as described above).
9. To complete the registration process, Australian cardholders must register to MasterCard applause online at www.mastercardapplause.com.au during the Promotional Period. New Zealand cardholders must register to MasterCard applause online at www.mastercardapplause.co.nz during the Promotional Period. Participants will be required to create an account by creating a Password and registering their own details including but not limited to their own full name, email address and city of residence. Only one registration per Cardholder will be accepted. It is each entrant's responsibility to ensure that any details they provide during the registration process are accurate. Only one email address per Cardholder will be accepted.
10. The cost of accessing the promotional website will be dependant on the Cardholder's individual Internet Service Provider. Registrations must be comprehensible and relevant, in order to be valid. Incomprehensible registrations (as determined by the Promoter) will not be eligible.
11. There is one (1) major prize to be won in this Promotion of a trip for two for five nights to the winner's choice of either Rome or Hawaii. The major prize consists of either:
Rome:
. Return economy class flights for two adults from the winner's nearest capital city to Rome (in the event that a winner is from New Zealand, return economy class flights will be from Auckland, Wellington or Christchurch). Transfers to the airport are not included as part of the prize.
. Return airport/hotel transfers in Rome for two adults
. 5 nights accommodation in Rome at a hotel to be determined by the Promoter (4 star)
. VIP private shopping trip for two adults with shopper
. $500 spending money (winner only)
. Luxury Spa treatment for two adults
OR
Hawaii:
. Return economy class flights for two adults from the winner's nearest capital city to Hawaii (in the event that a winner is from New Zealand, return economy class flights will be from Auckland, Wellington or Christchurch). Transfers to the airport are not included as part of the prize.
. Return airport/hotel transfers in Hawaii for two adults
. 5 nights accommodation in Hawaii at a hotel to be determined by the Promoter (4 star)
. Volcanic Helicopter sightseeing tour for two adults
. Private Surfing Lesson for two adults
. Submarine Ride for two adults
. 6x6 PinzTrek Adventure Tour for two adults
. $1000 spending money (winner only)
Packages are based on 2 people sharing a room. Package not to be taken over school/public holidays and travel dates are to be agreed by the winner and the Promoter. All elements are subject to availability at time of booking. Package to be taken within 12 months of draw date.
12. The maximum prize value for the Rome package comes to a total of $17,000 (AUD). The maximum prize value for the Hawaii package comes to a total of $15,050 (AUD).
13. The prizes do not include spending money, passports, visas, travel insurance, transfers, meals or accommodation (except to the extent that spending money, passports, visas, travel insurance, transfers, meals or accommodation are included as part of the prize packages listed in condition 11) or any other costs of a personal nature. The prize will be drawn at 11.00am (AEDST) on Monday 17 August 2009 at dload Pty Limited, ABN 16086281496, Level 1, 297 Pacific Hwy, North Sydney NSW 2060, and will be awarded in a form to be determined by the Promoter. The first entry drawn will win the major prize. The major prize winner and their companion will be required to have valid passports and visas to travel and a valid credit card when checking into prize accommodation. It is the responsibility of the major prize winner and their companion to enquire about local issues and conditions at destinations prior to travel. MasterCard make no representation as to the safety conditions or other issues that may exist at any destination.
14. The major prize-winner will be notified by telephone and mail by the Promoter using the contact details provided to the Promoter by the Cardholder and advised that their entry has been drawn, and in the case of that winner being a primary cardholder, that their card issuer has confirmed that the Prize Exclusion Provision does not apply to them and that they are eligible to win a prize. In the case of an entry by an additional cardholder being drawn, subject to condition 7, the Promoter will request that the additional cardholder, and the additional cardholder must, request that the primary cardholder contact the Promoter to provide their consent to the Promoter contacting the primary cardholder's issuing bank to confirm that the Prize Exclusion Provision does not apply to the primary cardholder's account. The prize winner's name will be displayed on www.mastercardapplause.co.nz/promo for New Zealand cardholders and www.mastercardapplause.com.au for Australian cardholders and will be available in writing upon written request to MasterCard Asia/Pacific (Australia) Pty Ltd, Level 8, 100 Arthur Street, North Sydney NSW 2060 Australia. The details of the winners of the prizes drawn in this Promotion will be published in the public notices section of The New Zealand Herald and The Australian on Tuesday 8 September 2009.
15. Should the major prize remain unclaimed by a winner, or if the draw has been conducted and the initial winner cannot travel in the timeframe as set out in condition 11, an unclaimed prize draw will take place at 11:00am (AEST) on Tuesday 17 November 2009 at dload Pty Limited, ABN 16086281496, Level 1, 297 Pacific Hwy, North Sydney NSW 2060. Any winners will be notified by mail and their details published in the public notices section of The New Zealand Herald and The Australian on Monday 30 November 2009. These Conditions of Entry as they apply to major prize or any runner up prize winner will also apply to prize winners in an unclaimed prize draw.
16. No prize is either redeemable for cash or transferable. The prize-winner shall accept the prize `as is' and acknowledges that the Promoter accepts no responsibility for any variation in the value of the prize. There will be no compensation in the event that prize winners are unable to use the prize or any part of the prize.
17. All valid claims for a prize and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each participant consents to the Promoter exercising this right, to validate and check the authenticity of entries and prize claims, with the relevant Cardholder's issuing bank.
18. The Promoter does not assume any responsibility for any products and services offered under, or purchased to participate in, the Promotion. The products are sold and services are provided solely by the relevant vendors, under such terms and conditions as determined by such vendors, and the Promoter accepts no liability whatsoever in connection with such products and services. The products and services have not been certified by the Promoter and under no circumstances shall the inclusion of any product or service in the Promotion be construed as an endorsement or recommendation of such product or service by the Promoter.
19. Except for warranties and conditions implied by law which cannot be excluded, the Promoter makes no representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these Conditions of Entry. Certain legislation may imply conditions or warranties which cannot be excluded, restricted or modified except to a limited extent. In this event, to the extent permitted by law, the Promoter's liability is limited to, at its option: (i) the replacement of the prize or the supply of an equivalent prize; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply.
20. The Promoter and its members, financial institutions, associated agencies and companies and their respective directors, 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 the participant's participation in the Promotion or the receipt or use of any part of the prize, except for any liability which cannot be excluded by law. Nothing in conditions 18, 19 or 20 is intended to exclude, restrict, modify or limit a Cardholder's rights under the Consumer Guarantees Act.
21. The judges' decision is final and no correspondence will be entered into.
22. To the extent permitted by law, the Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents shall not be responsible in any way whatsoever in respect of the following: (1) any amount spent on or charged to a participant's account in the course of entering the Promotion or for correctness of the details of the purchases and transactions made; (2) technical failures of any kind including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure or the malfunctioning failure or unavailability of any computer, server, cable, line, network, hardware, software, internet service or web site; (3) unauthorised human intervention in any part of the entry process of the Promotion, including but not limited to theft, destruction or unauthorised access to, or alteration of the Promotion; (4) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (5) any entry that is late, lost, stolen, damaged or misdirected or otherwise not received; and (6) any negligence.
23. The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion as contemplated in these Conditions of Entry, subject to any written directions from any regulatory authority. In such event, the Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the cancellation or modification. The Promoter also reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Conditions of Entry or in an unsportsmanlike, non-genuine or disruptive manner. Any attempt by any person to deliberately cause damage or undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person, to the fullest extent permitted by law, in addition to disqualifying such person.
24. The Promoter will use its best endeavours to provide the prizes listed. If any of the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute that prize or item for a prize or item of an equivalent value.
25. The Promoter's failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
26. By acceptance or receipt of a prize, a prize-winner agrees to hold harmless the Promoter, its financial institutions, its members, its related companies and agencies, and each of their respective directors, officers, employees and agents from and against any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by the Promoter, its financial institutions, its members, its associated companies and agencies and their respective directors, officers, employees and agents in connection with such prize-winner's participation in the Promotion or receipt, redemption or use of the prize.
27. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings or the use thereof. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
28. Records of all entries become and remain the sole property of the Promoter. Where the entrant "opts-in" and except where prohibited by applicable law, all entries will be entered into a database and the Promoter reserves the right to use entrants' data for the purpose of marketing its services to entrants and may share the Cardholder's data with their issuing bank for marketing purposes. Except where prohibited by law, participation in the Promotion constitutes Cardholder's consent to the storage, use and disclosure of Cardholder's entry details as set out in these Conditions of Entry and also constitutes Cardholder's acknowledgment that Promoter may use overseas facilities to process, store or back up its information. As a result, the Promoter may transfer Cardholder's personal information to its overseas facilities for storage. However, this does not change any of the Promoter's commitments to safeguard Cardholder's privacy.
29. Except where prohibited by law, participation in the Promotion constitutes a prize-winner's consent to the Promoter's use of the prize-winner's name, likeness, opinions and address for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a condition of entry that in order to claim the prize, prize-winners must agree to execute any necessary consents and releases to effect the foregoing.
Information collected pursuant to the Promotion from entrants is subject to the privacy policies of the Promoter, which can be found at www.mastercard.com.au and www.mastercard.co.nz and will be handled in accordance with all applicable privacy laws in Australia and New Zealand.
30. Participants may access and correct their personal information held by MasterCard by contacting:
MasterCard Asia/Pacific (Australia) Pty Ltd
Level 8, 100 Arthur St
North Sydney NSW 2060
Australia
31. Any cancellation or modification to the Promotion will be notified on the Promoter's website: www.mastercardapplause.com.au/promo and www.mastercardapplause.co.nz/promo.
32. A copy of these Conditions of Entry and prize details can be obtained by visiting www.mastercardapplause.com.au/promo and www.mastercardapplause.co.nz/promo.
33. If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) appearing had not been inserted herein.
34. These Conditions of Entry shall be governed by the laws of New Zealand if the entrant resides in New Zealand or the Australian state or territory where the entrant resides and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand or the relevant Australian state or territory (as applicable).
35. As per the provisions of the Australian Privacy Act and the New Zealand Privacy Act, all personal details of Australian and New Zealand entrants will be stored at the office of the Promoter. A request to access, update and correct any information should be directed to that office (as detailed in condition 30).
36. Authorised under NSW Permit No: LTPS/09/05294, VIC Permit No: 09/1890, ACT Permit No: TP 09/02252 , SA Permit No: T09/1382.
2. The Promoter is MasterCard Asia/Pacific (Australia) Pty Ltd, ABN 95 108 603 345, L8 100 Arthur Street, North Sydney, NSW 2060, Australia (phone: +61 2 9466 3840).
3. The Promotional Period for this Promotion commences Thursday 2 July 2009 at 00.01 (AEST) and concludes on Friday 14 August 2009 at 23:59 (AEST) ("Promotional Period").
4. Entry into the Promotion is open to MasterCard cardholders who satisfy the following eligibility requirements ("Cardholders"):
a) Who are residents of Australia or New Zealand over the age of 18 years old and who for the Promotional Period and up to and including the date on which the prize is finally awarded hold a valid MasterCard (being a standard, gold, platinum or co-brand MasterCard card, whether credit, debit or prepaid, other than a commercial card) and who are the persons liable to make payments under the relevant MasterCard account (i.e. primary cardholder), and any additional (i.e. supplementary) cardholders who are residents of Australia or New Zealand and over the age of 18 years;
b) Who register their contact details in accordance with condition 9; and
c) Who are available to travel within the timeframe specified in condition 11 on dates to be nominated by the Promoter.
5. Employees of the Promoter, or the Promoter's associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members are ineligible to participate.
6. To enter the prize draw, a Cardholder must register in accordance with condition 9 during the Promotional Period. The Cardholder will automatically receive one entry in respect of the draw for the prize under the Promotion for a valid registration made. Cardholders may only register once and therefore may only gain one entry into the prize draw.
7. Prizes will be awarded to the Cardholder of the MasterCard account used to make a winning entry. If the Promoter cannot determine whether the primary cardholder or an additional cardholder made the prize winning registration, the relevant prize will be awarded to the primary cardholder of the account used to make the winning entry. Any Cardholder whose account (in the case of an additional cardholder, the primary cardholder's account) is more than 30 days in arrears (the minimum payment due on the MasterCard account being more than 30 days overdue) as at the time of the relevant draw, is ineligible to enter the Promotion and is not eligible for any prize ("Prize Exclusion Provision").
8. Cardholders who are primary cardholders irrevocably consent and authorise the Promoter to contact their issuing bank, and their issuing bank to confirm to the Promoter that their account used to make a valid purchase is in order (and that the Prize Exclusion Provision as set out in condition 7 does not apply to them). If a primary cardholder does not consent to the Promoter contacting their issuing bank and to their issuing bank confirming that the Prize Exclusion Provision does not apply, it must notify its issuing bank or the Promoter of this fact prior to the prize being drawn, or else the primary cardholder will be deemed to have consented to such disclosure by their issuing bank. Where an additional cardholder's entry is drawn, further to condition 1, the additional cardholder must obtain the consent of the primary cardholder to the matters set out in this condition (as described above).
9. To complete the registration process, Australian cardholders must register to MasterCard applause online at www.mastercardapplause.com.au during the Promotional Period. New Zealand cardholders must register to MasterCard applause online at www.mastercardapplause.co.nz during the Promotional Period. Participants will be required to create an account by creating a Password and registering their own details including but not limited to their own full name, email address and city of residence. Only one registration per Cardholder will be accepted. It is each entrant's responsibility to ensure that any details they provide during the registration process are accurate. Only one email address per Cardholder will be accepted.
10. The cost of accessing the promotional website will be dependant on the Cardholder's individual Internet Service Provider. Registrations must be comprehensible and relevant, in order to be valid. Incomprehensible registrations (as determined by the Promoter) will not be eligible.
11. There is one (1) major prize to be won in this Promotion of a trip for two for five nights to the winner's choice of either Rome or Hawaii. The major prize consists of either:
Rome:
. Return economy class flights for two adults from the winner's nearest capital city to Rome (in the event that a winner is from New Zealand, return economy class flights will be from Auckland, Wellington or Christchurch). Transfers to the airport are not included as part of the prize.
. Return airport/hotel transfers in Rome for two adults
. 5 nights accommodation in Rome at a hotel to be determined by the Promoter (4 star)
. VIP private shopping trip for two adults with shopper
. $500 spending money (winner only)
. Luxury Spa treatment for two adults
OR
Hawaii:
. Return economy class flights for two adults from the winner's nearest capital city to Hawaii (in the event that a winner is from New Zealand, return economy class flights will be from Auckland, Wellington or Christchurch). Transfers to the airport are not included as part of the prize.
. Return airport/hotel transfers in Hawaii for two adults
. 5 nights accommodation in Hawaii at a hotel to be determined by the Promoter (4 star)
. Volcanic Helicopter sightseeing tour for two adults
. Private Surfing Lesson for two adults
. Submarine Ride for two adults
. 6x6 PinzTrek Adventure Tour for two adults
. $1000 spending money (winner only)
Packages are based on 2 people sharing a room. Package not to be taken over school/public holidays and travel dates are to be agreed by the winner and the Promoter. All elements are subject to availability at time of booking. Package to be taken within 12 months of draw date.
12. The maximum prize value for the Rome package comes to a total of $17,000 (AUD). The maximum prize value for the Hawaii package comes to a total of $15,050 (AUD).
13. The prizes do not include spending money, passports, visas, travel insurance, transfers, meals or accommodation (except to the extent that spending money, passports, visas, travel insurance, transfers, meals or accommodation are included as part of the prize packages listed in condition 11) or any other costs of a personal nature. The prize will be drawn at 11.00am (AEDST) on Monday 17 August 2009 at dload Pty Limited, ABN 16086281496, Level 1, 297 Pacific Hwy, North Sydney NSW 2060, and will be awarded in a form to be determined by the Promoter. The first entry drawn will win the major prize. The major prize winner and their companion will be required to have valid passports and visas to travel and a valid credit card when checking into prize accommodation. It is the responsibility of the major prize winner and their companion to enquire about local issues and conditions at destinations prior to travel. MasterCard make no representation as to the safety conditions or other issues that may exist at any destination.
14. The major prize-winner will be notified by telephone and mail by the Promoter using the contact details provided to the Promoter by the Cardholder and advised that their entry has been drawn, and in the case of that winner being a primary cardholder, that their card issuer has confirmed that the Prize Exclusion Provision does not apply to them and that they are eligible to win a prize. In the case of an entry by an additional cardholder being drawn, subject to condition 7, the Promoter will request that the additional cardholder, and the additional cardholder must, request that the primary cardholder contact the Promoter to provide their consent to the Promoter contacting the primary cardholder's issuing bank to confirm that the Prize Exclusion Provision does not apply to the primary cardholder's account. The prize winner's name will be displayed on www.mastercardapplause.co.nz/promo for New Zealand cardholders and www.mastercardapplause.com.au for Australian cardholders and will be available in writing upon written request to MasterCard Asia/Pacific (Australia) Pty Ltd, Level 8, 100 Arthur Street, North Sydney NSW 2060 Australia. The details of the winners of the prizes drawn in this Promotion will be published in the public notices section of The New Zealand Herald and The Australian on Tuesday 8 September 2009.
15. Should the major prize remain unclaimed by a winner, or if the draw has been conducted and the initial winner cannot travel in the timeframe as set out in condition 11, an unclaimed prize draw will take place at 11:00am (AEST) on Tuesday 17 November 2009 at dload Pty Limited, ABN 16086281496, Level 1, 297 Pacific Hwy, North Sydney NSW 2060. Any winners will be notified by mail and their details published in the public notices section of The New Zealand Herald and The Australian on Monday 30 November 2009. These Conditions of Entry as they apply to major prize or any runner up prize winner will also apply to prize winners in an unclaimed prize draw.
16. No prize is either redeemable for cash or transferable. The prize-winner shall accept the prize `as is' and acknowledges that the Promoter accepts no responsibility for any variation in the value of the prize. There will be no compensation in the event that prize winners are unable to use the prize or any part of the prize.
17. All valid claims for a prize and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each participant consents to the Promoter exercising this right, to validate and check the authenticity of entries and prize claims, with the relevant Cardholder's issuing bank.
18. The Promoter does not assume any responsibility for any products and services offered under, or purchased to participate in, the Promotion. The products are sold and services are provided solely by the relevant vendors, under such terms and conditions as determined by such vendors, and the Promoter accepts no liability whatsoever in connection with such products and services. The products and services have not been certified by the Promoter and under no circumstances shall the inclusion of any product or service in the Promotion be construed as an endorsement or recommendation of such product or service by the Promoter.
19. Except for warranties and conditions implied by law which cannot be excluded, the Promoter makes no representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these Conditions of Entry. Certain legislation may imply conditions or warranties which cannot be excluded, restricted or modified except to a limited extent. In this event, to the extent permitted by law, the Promoter's liability is limited to, at its option: (i) the replacement of the prize or the supply of an equivalent prize; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply.
20. The Promoter and its members, financial institutions, associated agencies and companies and their respective directors, 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 the participant's participation in the Promotion or the receipt or use of any part of the prize, except for any liability which cannot be excluded by law. Nothing in conditions 18, 19 or 20 is intended to exclude, restrict, modify or limit a Cardholder's rights under the Consumer Guarantees Act.
21. The judges' decision is final and no correspondence will be entered into.
22. To the extent permitted by law, the Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents shall not be responsible in any way whatsoever in respect of the following: (1) any amount spent on or charged to a participant's account in the course of entering the Promotion or for correctness of the details of the purchases and transactions made; (2) technical failures of any kind including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure or the malfunctioning failure or unavailability of any computer, server, cable, line, network, hardware, software, internet service or web site; (3) unauthorised human intervention in any part of the entry process of the Promotion, including but not limited to theft, destruction or unauthorised access to, or alteration of the Promotion; (4) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (5) any entry that is late, lost, stolen, damaged or misdirected or otherwise not received; and (6) any negligence.
23. The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion as contemplated in these Conditions of Entry, subject to any written directions from any regulatory authority. In such event, the Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the cancellation or modification. The Promoter also reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Conditions of Entry or in an unsportsmanlike, non-genuine or disruptive manner. Any attempt by any person to deliberately cause damage or undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person, to the fullest extent permitted by law, in addition to disqualifying such person.
24. The Promoter will use its best endeavours to provide the prizes listed. If any of the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute that prize or item for a prize or item of an equivalent value.
25. The Promoter's failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
26. By acceptance or receipt of a prize, a prize-winner agrees to hold harmless the Promoter, its financial institutions, its members, its related companies and agencies, and each of their respective directors, officers, employees and agents from and against any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by the Promoter, its financial institutions, its members, its associated companies and agencies and their respective directors, officers, employees and agents in connection with such prize-winner's participation in the Promotion or receipt, redemption or use of the prize.
27. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings or the use thereof. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
28. Records of all entries become and remain the sole property of the Promoter. Where the entrant "opts-in" and except where prohibited by applicable law, all entries will be entered into a database and the Promoter reserves the right to use entrants' data for the purpose of marketing its services to entrants and may share the Cardholder's data with their issuing bank for marketing purposes. Except where prohibited by law, participation in the Promotion constitutes Cardholder's consent to the storage, use and disclosure of Cardholder's entry details as set out in these Conditions of Entry and also constitutes Cardholder's acknowledgment that Promoter may use overseas facilities to process, store or back up its information. As a result, the Promoter may transfer Cardholder's personal information to its overseas facilities for storage. However, this does not change any of the Promoter's commitments to safeguard Cardholder's privacy.
29. Except where prohibited by law, participation in the Promotion constitutes a prize-winner's consent to the Promoter's use of the prize-winner's name, likeness, opinions and address for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a condition of entry that in order to claim the prize, prize-winners must agree to execute any necessary consents and releases to effect the foregoing.
Information collected pursuant to the Promotion from entrants is subject to the privacy policies of the Promoter, which can be found at www.mastercard.com.au and www.mastercard.co.nz and will be handled in accordance with all applicable privacy laws in Australia and New Zealand.
30. Participants may access and correct their personal information held by MasterCard by contacting:
MasterCard Asia/Pacific (Australia) Pty Ltd
Level 8, 100 Arthur St
North Sydney NSW 2060
Australia
31. Any cancellation or modification to the Promotion will be notified on the Promoter's website: www.mastercardapplause.com.au/promo and www.mastercardapplause.co.nz/promo.
32. A copy of these Conditions of Entry and prize details can be obtained by visiting www.mastercardapplause.com.au/promo and www.mastercardapplause.co.nz/promo.
33. If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) appearing had not been inserted herein.
34. These Conditions of Entry shall be governed by the laws of New Zealand if the entrant resides in New Zealand or the Australian state or territory where the entrant resides and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand or the relevant Australian state or territory (as applicable).
35. As per the provisions of the Australian Privacy Act and the New Zealand Privacy Act, all personal details of Australian and New Zealand entrants will be stored at the office of the Promoter. A request to access, update and correct any information should be directed to that office (as detailed in condition 30).
36. Authorised under NSW Permit No: LTPS/09/05294, VIC Permit No: 09/1890, ACT Permit No: TP 09/02252 , SA Permit No: T09/1382.
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