TERMS AND CONDITIONS

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Entry into the competition is deemed acceptance of these Terms and Conditions.
  2. The Promoter

  3. The Promoter is AGL Energy Limited (ABN 74 115 061 375) of Level 24, 200 George Street, Sydney NSW 2000 (“AGL”). Telephone - 131 245. Online - agl.com.au
  4. Who can enter?

  5. Entry is open to Victorian, New South Wales, Queensland, South Australian and Western Australian residents, aged 18 and over.
  6. Employees and contractors of AGL and the agencies associated with this competition are ineligible to enter.
  7. HOW TO ENTER

  8. The competition commences on Thursday 31 October 2019 at 12:00am (AEDT) and concludes on Friday 13 December 2019 at 11:59 (AEDT) (the “Promotional Period”).
  9. The competition will be promoted via targeted email and online landing pages in Victoria, New South Wales, Queensland, South Australia and Western Australia.
  10. To receive automatic entry into the competition draw, eligible individuals must sign up to an AGL VIP Family and Friends electricity and/or AGL VIP Family and Friends gas plan with the use of a valid promo code at agl.com.au/vipoffer or over the phone at 1300 369 245 during the Promotional Period.
  11. To be eligible to claim a prize if drawn as a winner, an individual must not have cancelled their AGL VIP Family and Friends electricity or AGL VIP Family and Friends gas plan prior to the date of the competition draw.
  12. Winners must be able to verify that they are a current Victorian, New South Wales, Queensland, South Australian or Western Australian resident in order to receive a prize.
  13. Only one (1) entry is permitted per customer.
  14. AGL’s rights with respect to entries and entrants

  15. AGL 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 are considered suitable for verification by AGL will be determined at the full discretion of AGL. In the event that the winner cannot provide suitable proof to the satisfaction of AGL, the winner will forfeit the prize in whole and no substitute prize will be offered.
  16. AGL 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 entry of any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions or who has, in the opinion of AGL, engaged in conduct in entering the competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition and/or AGL. AGL reserves the right to disqualify a winner if AGL becomes aware that the winner and/or the winner’s entry is of a type described in this clause. Failure by AGL to enforce any of its rights at any stage does not constitute a waiver of those rights. AGL’s legal rights to recover damages or other compensation from such an offender are reserved.
  17. If there is a dispute as to the identity of an entrant, AGL reserves the right, in its sole discretion, to determine the identity of the entrant or to deny the prize to an individual whose identity is unable to be verified to the satisfaction of AGL.
  18. The Draw & Winner Notification

  19. The draw will take place at Zinc Group Pty Ltd, 32 Ellis Street South Yarra, Victoria 3141, on Monday 13 January 2020 at 12:00pm AEDT. The first two (2) valid entries randomly selected from all eligible entries received during the Promotional Period will be deemed prize winners (“Prize Winners”).
  20. The Prize Winners will be notified by phone and/or by email, and Prize Winners names will also be published at agl.com.au/vipoffer within two (2) business days of the draw. Failure to respond by Friday 10 April 12.00pm 2020 will be deemed notice of the individual’s forfeiture of the prize.
  21. The Prizes

  22. The Prize varies per state as follows:
    1. Victoria –
      The prize for a Prize Winner who resides in Victoria is a year’s worth of free energy to the value of $1,000 (GST incl.). The prize will be awarded as a once-off credit to the Prize Winner’s AGL residential gas or electricity account, where applicable, and is not transferrable. 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. The Prize Winner will be responsible to pay any energy charges in excess of the $1,000 account credit. If the Prize Winner switches retailers before the $1,000 credit is exhausted, the remainder of the prize will be forfeited and cannot be redeemed in cash. If the Prize Winner moves property before the $1,000 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.
    2. New South Wales –
      The prize for a Prize Winner who resides in New South Wales is a year’s worth of free energy to the value of $1,000 (GST incl.). The prize will be awarded as a once-off credit to the Prize Winner’s AGL residential gas or electricity account, where applicable, and is not transferrable. 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. The Prize Winner will be responsible to pay any energy charges in excess of the $1,000 account credit. If the Prize Winner switches retailers before the $1,000 credit is exhausted, the remainder of the prize will be forfeited and cannot be redeemed in cash. If the Prize Winner moves property before the $1,000 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.
    3. Queensland –
      The prize for a Prize Winner who resides in Queensland is a year’s worth of free energy to the value of $1,000 (GST incl.). The prize will be awarded as a once-off credit to the Prize Winner’s AGL residential gas or electricity account, where applicable, and is not transferrable. 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. The Prize Winner will be responsible to pay any energy charges in excess of the $1,000 account credit. If the Prize Winner switches retailers before the $1,000 credit is exhausted, the remainder of the prize will be forfeited and cannot be redeemed in cash. If the Prize Winner moves property before the $1,000 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.
    4. South Australia –
      The prize for a Prize Winner who resides in South Australia is a year’s worth of free energy to the value of $1,000 (GST incl.). The prize will be awarded as a once-off credit to the Prize Winner’s AGL residential gas or electricity account, where applicable, and is not transferrable. 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. The Prize Winner will be responsible to pay any energy charges in excess of the $1,000 account credit. If the Prize Winner switches retailers before the $1,000 credit is exhausted, the remainder of the prize will be forfeited and cannot be redeemed in cash. If the Prize Winner moves property before the $1,000 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.
    5. Western Australia –
      The prize for a Prize Winner who resides in Western Australia is a year’s worth of free gas to the value of $1,000 (GST incl.). The prize will be awarded as a once-off credit to the Prize Winner’s AGL residential gas account and is not transferrable. The Prize Winner will be responsible to pay any gas charges in excess of the $1,000 account credit. If the Prize Winner switches retailers before the $1,000 credit is exhausted, the remainder of the prize will be forfeited and cannot be redeemed in cash. If the Prize Winner moves property before the $1,000 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.

    The total prize pool is valued at $1,000 (GST inclusive).

    NSW permit number: LTPS/19/3957

  23. By accepting a prize, the winners agree 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, photographed, and/or filmed. It is a condition of accepting a prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s/AGL’s requirements.
  24. In consideration of AGL awarding a prize to the winners, the winners hereby permit their image and/or voice, as recorded, photographed or filmed to appear in connection with any advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
  25. Subject to any direction given under relevant State legislation, in the relevant circumstances, an unclaimed prize draw (including in relation to prizes that have been forfeited) will take place at the same place as the original draw and at the same time on Monday 13 April 12.00pm 2020. The winner(s) of the unclaimed prize draw will be notified by phone and/or by email, and unclaimed prize draw winner(s) names will also be published at agl.com.au/vipoffer within two (2) business days of the draw
  26. No Liability of AGL

  27. Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify AGL. A request to access or modify any information provided in an entry should be directed to AGL.
  28. It is a condition of accepting a prize that the winner may be required to sign legal documentation deemed necessary, in a form determined by AGL and/or prize supplier, in their absolute discretion, including but not limited to a legal release and indemnity form.
  29. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders AGL’s ability to proceed with the competition 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, acts of terrorism, AGL may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
  30. 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”). Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, AGL (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 the competition.
  31. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, AGL (including its respective officers, employees and agents) is not responsible for and 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 AGL’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 AGL) due to any reason beyond the reasonable control of AGL; (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) taking and/or use of a prize.
  32. AGL and its associated companies assume no responsibility 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.
  33. If for any reason this competition 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 AGL, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this competition, AGL 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 competition, subject to any written direction given under State Regulation.
  34. Privacy and Consent of the entrant

  35. All entries become the property of AGL.
  36. The personal information of entrants will be collected to enable AGL to administer and promote this competition 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 competition. 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.
  37. 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.
  38. NSW permit number: LTPS/19/3957