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felix Refer & Win Competition (May 2023) Terms and Conditions
1. Information on how to enter the felix Refer & Win Competition (May 2023) competition (Competition) and the available prize forms part of these conditions of entry. Submission of an entry is deemed acceptance of these terms and conditions.
2. The Promoter is TPG Telecom Limited (ABN 76 096 304 620) trading as felix Mobile, 177 Pacific Highway North Sydney NSW 2060. (Promoter).
3. Entry is only open to Australian residents at least 13 years of age who, at the date of entry, hold an active felix service subscription plan (Subscription Plan) (Eligible Entrants).
4. Employees (and their immediate families) of the Promoter, participating retailers or any of their associated agencies or companies are ineligible to enter.
5.The Competition commences at 9:00AM (AEST) 18 May 2023 and concludes at 11:59PM (AEST) 30 June 2023 Competition Period).
How to enter
6. To enter, the following criteria must be satisfied:
a. during the Competition Period, an Eligible Entrant must refer an Australian resident aged 13 or above (Referee) to sign up and activate a Subscription Plan by using the Eligible Entrant’s custom link or unique code; and
b. before 11:59PM (AEST) 30 June 2023 (Activation Deadline), the Referee must sign up and activate a Subscription Plan by using the Eligible Entrant’s custom link or unique code.
7. The entry criteria in clause 6 is subject to felix’s full terms and conditions regarding referral, available at felix mobile.com.au/plan/referafriend (Referral Rules).
8. Entry will occur automatically upon referring a Referee during the Competition Period, subject to the Referee activating a Subscription Plan by using the Eligible Entrant’s custom link or unique code, by the Activation Deadline.
9. There is no restriction on the number of entries per Eligible Entrant within the Competition Period. However, each entry is subject to the Referee activating a Subscription Plan by the Activation Deadline.
10. The unique code cannot be applied retrospectively by a Referee and must be applied when signing up to a Subscription Plan.
11. The Promoter’s decision is final and no correspondence will be entered into. An entry is deemed to be received at the time of its receipt by the Promoter and not at the time of transmission.
12. Any costs associated with entering the Competition are the Entrant’s responsibility.
13. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who the Promoter believes has either tampered with the entry process or has submitted an entry that is not in accordance with these terms and conditions.
14. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
15. Incomplete entries will be deemed invalid. Any incorrect details submitted may render the corresponding entry invalid.
16. Each valid entry has an equal probability of winning.
17. All entries are the property of the Promoter. No responsibility is accepted for entries not received by the Promoter. Entries will be deemed invalid if stolen, forged, mutilated or tampered with in any way.
18. If there is a dispute as to the identity of an Entrant, the Entrant will be deemed to be the person in whose name the corresponding Subscription Plan and mobile phone number is held.
Draw and prize
19. There will be one winner (Winner), who will be chosen via random barrel draw at 10:00 AM (AEST) on 6 July 2023 (Draw Date) at TPG Telecom Limited, 177 Pacific Highway North Sydney NSW 2060 (Draw).
20. The first entry randomly drawn from all valid entries will win one (1) x $2,000 Webjet gift card (Prize). The Winner may, but is not required to, use the Prize to travel to Byron Bay.
21. Total number of prizes = 1. Total Prize value = $2,000.
22. The Promoter accepts no responsibility for any variation in Prize value. All Prize values are including GST, where applicable, and are correct at the time of printing.
23. If the Promoter is unable to supply the nominated Prize, or part of any nominated Prize, the Promoter reserves the right, subject to the written directions of any competent authority, to supply another Prize of greater or equal value.
24. All additional costs not expressly stated, but which may be incurred in acceptance and use of a Prize, are the sole responsibility of the winner.
25. The Promoter accepts no responsibility for the Prize being damaged or lost in transmission or communication.
26. The Webjet gift card is subject to terms and conditions of use, which are available at Webjet. The Promoter accepts no responsibility for the Winner’s compliance with those terms.
Notification and redraw
27. The Winner will be notified in writing via email on 11:00AM (AEST) at 6 July 2023.
28. The Promoter will take all reasonable steps to notify the Winner of the results of the Draw.
29. Subject to clauses 30-31, if for any reason whatsoever a Winner does not claim the Prize or an element of the Prize by 5:00PM (AEST) on 7 August 2023, then the Prize or that element of the Prize will be forfeited by the Winner and neither cash nor any other Prize will be awarded in lieu of that Prize or that element of the Prize.
30. If for any reason whatsoever the Winner does not redeem the Prize or an element of the Prize by 5:00PM (AEST) on 7 August 2023, the Promoter will conduct a second chance draw to distribute the unclaimed Prize at 10:00 AM (AEST) on 11 August 2023 at TPG Telecom Limited, 177 Pacific Highway North Sydney NSW 2060, subject to any directions given by any competent authority (Second Chance Draw).
31. Winner drawn in the Second Chance Draw will be notified in writing within two (2) days of the Second Chance Draw.
32. Entrants agree, at the Promoter’s request, to participate in any promotional activity (such as an interview) surrounding the Competition or the winning of any Prize. Entrants agree this participation will be free of charge. Entrants consent to the Promoter and its associated agencies’ using their name and image in any media in perpetuity, without limitation and without compensation to the entrant.
33. Eligible Entrants can only enter in their own name.
34. Entrants must adhere with felix’s terms and conditions, which are available here.
35. The Promoter reserves the right to request the Eligible Entrant produce appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Eligible Entrant’s eligibility to enter and claim the Prize, before issuing the Prize.
36. If for any reason whatsoever beyond the reasonable control of the Promoter, the Competition is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) to cancel, suspend, modify, terminate or cancel the Competition.
37. The Promoter assumes no responsibility for, and the Eligible Entrant releases the Promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the Eligible Entrant’s participation in the Competition or the conduct of the Competition generally or as a direct or indirect result of an entrant’s error, any technical problem of any kind including communications or network failure, unauthorised access to, transferring or theft of data, whether caused by the Eligible Entrant or associated with the equipment or programming used in the conduct of the Competition. If, because of any such problem, the Competition is not able to be conducted as planned and/or the Competition’s administration, security, fairness or integrity are compromised or affected, the Promoter may (where necessary with the approval of the relevant Department) cancel, terminate, modify or suspend the Competition and/or disqualify any Eligible Entrant involved in interfering or tampering with the conduct of the Competition in any way.
38. These terms and conditions of entry do not, nor do they intend to, limit, exclude or modify any non-excludable statutory guarantee under the Competition and Consumer Act 2010 (Cth) or any other warranties (whether express or implied) or terms under any state or federal legislation which cannot be excluded.
39. Subject to clause 38 and to the maximum extent permitted under law, the Promoter (including its officer, employees and agents) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss or profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation, the following: (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 receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that sated in these conditions of entry; (e) any tax implications; and/or (f) a Prize or use of a Prize. Nothing in these terms affects the statutory rights of any person under the Australian Consumer Law or any other applicable law.
40. The Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram. The entrant releases Instagram from all liability in relation to the Competition. The entrant is providing information to the Promoter and not to Instagram.
41. The Promoter collects personal information in order to conduct the Competition and provide any goods/services requested and may, for that purpose, disclose such information to third parties, including, but not limited to, Prize suppliers or a regulatory authority and for any purpose to which the entrant has previously consented, including but not limited to, future promotional, marketing and publicity purposes. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.