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AGL Energy Limited: Win 1 Million flybuys Bonus Points Competition

Terms and conditions

  1. Information on how to enter and the prize forms part of these Terms and Conditions. Entry into the competition is deemed acceptance of these Terms and Conditions. 
  2. The Promoter. The Promoter is AGL Energy Limited (ABN 74 115 061 375) of 699 Bourke Street, Docklands VIC 3008 (“AGL”). Telephone 131 245. 
  3. Who can enter? Entry is only open to Australian residents who are valid holders of a New South Wales Seniors Card. 
  4. Employees and contractors of AGL and the agencies associated with this competition 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. 
  5. How to enter. The competition commences on Monday 6 March 2017 at 00:01 (AEDT) and concludes on Friday 30 June 2017 at 23:59 (AEST) (the “Promotional Period”). 
  6. The competition will be advertised in New South Wales through various media. 
  7. To receive automatic entry to the competition, eligible individuals must sign up to a specific AGL New South Wales Seniors Card energy plan for gas and/or electricity during the Promotional Period by visiting www.agl.com.au/seniors or calling either 1300 889 324 or 131 245. 
  8. To be eligible to claim the prize if drawn as a winner, an individual must have signed up to a campaign specific AGL New South Wales Seniors Card energy plan for gas and/or electricity and not have initiated a cancellation of any such plan.
  9. Winners must be able to verify that they are NSW Seniors Card members
  10. Any individuals drawn as a winner must be or become a flybuys member to be eligible to take up the prize. Individuals drawn as winners who are not a flybuys member, may either join flybuys within 5 business days of notification that they have been drawn as a winner (“Notification”), or alternatively choose to forfeit the prize. Should the winner choose to forfeit the prize, they must advise AGL in writing within 5 business days of Notification. Failure to respond within the 5 days will be deemed notice of the individual’s forfeiture of the prize.  
  11. Only one (1) entry permitted per customer. Promoter's rights with respect to entries and entrants
  12. 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. 
  13. 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 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 the Promoter, 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 Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. 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. 
  14. 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 or to deny the prize to an individual whose identity is unable to be verified to the satisfaction of the Promoter. 
  15. The Draw & Winner Notification. One (1) valid entry will be randomly selected from all eligible entries received during the Promotional Period to become the Major Prize winner. Ten (10) valid entries will subsequently be randomly selected from all eligible entries received during the Promotional Period to become the Minor Prize winners. The draw will take place at Salmat Digital at Level 2, 116 Miller Street, North Sydney, NSW 2060 on Monday 17th July 2017 at 14:00 (AEST).
  16. The winner will be notified by phone and in writing within five (5) business days of the draw, and their name will be published online on www.agl.com.au/seniorsprize from Thursday 27th July 2017. 
  17. The Prize. The first valid entry randomly drawn will win the Major Prize, being one million (1,000,000) flybuys bonus points (valued at $5,000). Ten (10) randomly drawn runners up will win a Minor Prize, being fifty thousand (50,000) flybuys bonus points.
  18. Total prize value is $7,500. Value of prizes is shown as a guide only and was correct at time of printing. The Promoter accepts no responsibility for any variation in the prize value.
  19. The flybuys bonus points will be awarded and credited to the winner’s household flybuys account within 90 days of notification. The redemption of the flybuys bonus points is subject to flybuys’ standard Terms and Conditions which are available at www.flybuys.com.au.
  20. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 
  21. 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, photographed, and/or filmed. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s/Promoter’s requirements. 
  22. In consideration of the Promoter awarding the prize to the winner, the winner hereby permits 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.
  23. 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 Salmat Digital, Level 2, 116 Miller Street, North Sydney NSW 2060 on Tuesday 17th October 2017 at 14:00 (AEDT). The winner(s) of the unclaimed prize draw will be notified of their prize in writing within (2) business days of the draw and their name will be published online on www.agl.com.au/seniorsprize from Friday 20th October 2017.
  24. No Liability of the Promoter. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. 
  25. 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. 
  26. It is a condition of accepting the prize that the winner may be required to sign legal documentation deemed necessary, in a form determined by the Promoter and/or prize suppliers, in their absolute discretion, including but not limited to a legal release and indemnity form. 
  27. 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 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, the Promoter 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. 
  28. 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, 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 the competition. 
  29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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 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) taking and/or use of the prize. 
  30. AGL Energy Limited 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. 
  31. 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 the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this competition, 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 competition, subject to any written direction given under State Regulation. 
  32. Privacy and Consent of the entrant. All entries become the property of the Promoter. 
  33. The personal information of entrants will be collected to enable the Promoter to administer and promote this competition and may be used to market the Promoter’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 the Promoter’s privacy policy which is available at www.agl.com.au. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter 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 the Promoter, the Promoter may disclose personal information to entities outside of Australia. 
  34. 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 the Promoter. 


Authorised under NSW permit no: LTPS/17/11720