“AGL WIN FREE ENERGY” PROMOTION

TERMS AND CONDITIONS

1.    Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

        The Promoter

2.    The Promoter is AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney NSW 2000 (“AGL”). Telephone 131 245.

       Who can enter?

3.    Entry is only open to NSW, VIC, SA, WA and QLD residents aged 18 years or over (“Eligible Entrant”).

4.    Employees and contractors of AGL and the agencies associated with this promotion and the immediate families of all such employees and contractors are ineligible to enter. Immediate family means 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 1st cousin.

       How to enter:

       7. Entries into the promotion open at 12:01am AEST on 06/05/2019 and close at 11:59pm AEST on 30/06/2019 (“Promotional Period”)

       To receive automatic entry to the promotion, Eligible Entrants must during the Promotional Period:

              A.    Request a call back from an AGL team member during the promotion by registering their contact details including full name, mobile number and email address for an AGL representative to contact them;  and then
              B.    When contacted by a AGL team member, sign up to any AGL electricity  and/or  gas plan and complete the sign-up process in full.

5.    Only one (1) entry is permitted per person per AGL plan type (gas and electricity). Eligible Entrants will receive one (1) entry per plan/fuel type.

6.    To be eligible to claim the prize if drawn as a winner, Eligible Entrants must not have initiated a cancellation of their gas and/or electricity plan that they signed up to during the Promotional Period.

7.    The Promoter reserves the right to request that the winner provides proof of identity and proof of eligibility in order to claim the prize. Proof of identification, eligibility and entry that is considered suitable for verification by the Promoter will be determined at the full discretion of the Promoter. In the event that the winner cannot provide suitable proof to the satisfaction of the Promoter, the winner will forfeit the prize in whole and no substitute prize will be offered. 

8.    The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and 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, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

9.    Incomplete entries will be deemed invalid.

10.    If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

The Draw & Winner Notification

11.    The draw will take place at Zinc Group Pty Ltd, 32 Ellis Street, South Yarra VIC 3141 on 19/07/2019 at 12:00pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published at www.agl.com.au/freeenergyagl from 23/07/2019.  

12.    The Promoter’s decision is final, and no correspondence will be entered into.

The Prize

13.    The first valid entry drawn will win a $3,000 (Inc. GST) credit to their nominated AGL energy account.

14.    Total prize pool value is $3,000 (Inc. GST).

15.    Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash. If the prize winner switches retailers before the $3,000 credit is exhausted, the remainder of the prize will be forfeited and cannot be redeemed as cash. If the prize winner moves property before the $3,000 credit is exhausted, the prize winner can elect to transfer any remaining credit to a new AGL energy account. If the prize winner ceases to be a continuing AGL customer, the remainder of the prize will be forfeited and cannot be redeemed in cash.   If the prize winner has both an electricity and gas account with AGL, the credit will be applied to their electricity account unless the Prize Winner indicates otherwise.

16.    A draw for the prize, if unclaimed, may take place on 21/10/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing within two (2) business days of the draw and their name will be published at www.agl.com.au/freeenergyagl from 24/10/2019.  

No Liability of the Promoter

17.    Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.  The Promoter is not responsible for any such tax liabilities that arise.

18.    Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

19.    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 the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

20.    Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

21.    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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).

22.    Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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:  (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 late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.

23.    The personal information of entrants will be collected to enable AGL to administer and promote this promotion and may be used to market the AGL’s services to the entrant. If personal information is not given, participants cannot be entered into the promotion. The personal information of the entrants will be held and used in accordance with AGL’s privacy policy which is available at www.agl.com.au. In addition to any use that may be outlined in AGL’s privacy policy, AGL may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including telephoning the entrant. The privacy policy also contains information about how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Unless otherwise indicated by AGL, the Promoter may disclose personal information to entities outside of Australia.

24.    Entrants’ personal information may also be disclosed to the relevant State lottery department and the winner’s name published as required under the relevant State lottery legislation. A request to access, update or correct any information should be directed to AGL.

NSW Permit No. LTPS/19/34121