Terms & Conditions
1. MyOpinions Prize Draw Official Rules
These official rules (the or these "Rules") apply to prize draws conducted by the Survey Sampling Australia Pty Ltd. (ABN: 16123283830), with its registered address at Level 11, 131 York Street, Sydney, NSW 2000, Australia ("Promoter"). The "$1,200 Prize Draw" (the "Prize Draw") will be promoted on the MyOpinions website, http://www.myopinions.com.au (the "Site") from Wednesday, 15 July 2015 through 30 September 2015 (the "Promotion Period").
By participation in the Prize Draw, you hereby agree to, and accept, the Rules.
3.1 NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO PARTICIPATE. THE PRIZE DRAW IS SUBJECT TO ALL APPLICABLE LAWS AND IS VOID WHERE PROHIBITED.
3.2 The prize draw is only open to registered members of the MyOpinions survey panel or community (the "Panel"), who (i) remain active members of the Panel during the Promotion Period, (ii) comply with all of the Terms and Conditions of membership with the Panel, (iii) are eighteen (18) years of age or older, and (iv) reside in Australia.
3.3 Employees of the Promoter and its respective parents, affiliates, and subsidiaries and advertising and promotion agencies, as well as the employees' families (spouse, and parents, siblings and children and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate in the Prize Draw.
3.4 Promoter reserves the right, at its sole discretion, to disqualify any individual (and void all associated entries) that it finds to: (i) have tampered, or to be tampering, with the entry process or the operation of the Prize Draw, (ii) have acted or be acting in violation of the Rules, or (iii) have acted in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Prize Draw may be a violation of criminal and civil law, and should such an attempt be made, Promoter reserves the right to seek damages (including attorneys' fees) and other remedies from any such person to the fullest extent permitted by law. Promoter's failure to enforce any term of the Rules shall not constitute a waiver of that term.
4. How to enter the Prize Draw.
4.1 Individuals can receive entries as follows:
- Completing a client market research survey; or
- Completing a profile questionnaire for the Panel; or
- Verifying certain contact information that was previously provided by the individual in connection with registering for the Panel.
The number of entries to be received for completing a client market research survey will be set forth on or in the email invitation sent to the individual.
The number of entries to be received for completing a profile questionnaire will be communicated: (i) in the email invitation sent to the individual to complete the profile questionnaire, or (ii) on the webpage associated with or connected to the profile questionnaire.
The number of entries to be received for verifying certain contact information, which information was previously provided by the individual to the Promoter, will be communicated: (i) in the email invitation sent to the individual to complete the profile questionnaire, or (ii) on the webpage associated with or connected to the verification page.
5. Promotional Period
5.1 The promotion commences at 16:00 AEST (Australian Eastern Standard Time) on Wednesday, 15 July 2015.
5.2 The promotion closes at 15:59 AEST (Australian Eastern Standard Time) on Wednesday, 30 September 2015 (the "Promotion End Date").
6. Number of Draws: There will be twelve (12) drawings in total and twelve (12) winners selected in connection with the Prize Draw. Entries shall be sorted by state, and draws conducted from entries for each state as follows: NSW 4 draws; VIC 3 draws; QLD 2 draws; WA 1 draw; SA 1 draw; ACT and TAS and NT 1 combined draw.
7. Method for Drawing the Winners: Random Barrel Draw.
8. Prize Pool Value: For the Prize Draw, a total of 12 eGifts (as defined herein) will be awarded with an approximate total retail value of $1,200.00. The prize pool value by state is as follows: NSW $400 (4 X $100 eGifts); VIC $300 (3 X $100 eGifts); QLD $200 (2 X $100 eGifts); WA $100 (1 X $100 eGift); SA $100 (1 X $100 eGift); ACT and TAS and NT $100 (1 X $100 eGift). All prize amounts are in Australian Dollars.
9. Winners' Prize: Each GiftPay electronic gift voucher (eGift) will be for $100. Once a potential winner has been verified, the Promoter will use email addresses previously provided by the potential winners to deliver the eGift. The eGift will be emailed to each winner's email address as indicated in their MyOpinions membership account as at the time of the draw. Each eGift is redeemable for a selection of eGift cards and vouchers issued by various Australian retailers, up to the face value of the eGift. Each eGift card or voucher brand and denomination is subject to demand and availability. The GiftPay eGift platform is owned and operated by Unified Incentives Pty Ltd (www.unifiedincentives.com) and the Promoter is not liable or responsible for the policies and practices of Unified Incentives Pty Ltd. Prizes are not transferrable, and are not redeemable for cash. The Promoter does not assume responsibility for the eGifts offered as prizes, or the products or services available through redemption of an eGift. The eGift, and such products and services, are provided solely by the relevant vendors, under such terms and conditions as determined by such relevant vendors. The Promoter accepts no liability whatsoever in connection with the eGift or such products and services except for any loss, damage or injury which is due to the negligence or willful misconduct of the Promoter or which otherwise cannot be excluded by law. The eGift, and products and services available through redemption of the eGift, have not been certified by the Promoter and should not be construed as an endorsement or recommendation by the Promoter. The Promoter will use its best endeavours to provide the prizes listed. If any of the prizes are unavailable, the Promoter reserves the right to substitute that prize for a prize of equivalent value, subject to any written directions from the relevant authorities.
10. Draw Date and Time
The draws to determine the winners will take place at 11:00 AEST on Thursday, 01 October 2015.
11. Draw Venue
The venue for the draw will be the offices of The Promoter: Level 11, 131 York Street, Sydney, NSW 2000, Australia.
12. Validity of Entries
12.1 Valid entries for the prize draw will be those entries received during the Promotion Period.
12.2 The Promoter's decision is final and no correspondence will be entered into.
12.3 The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
12.4 All entries received after the Promotion End Date will be void and of no force or effect.
13. Winner Notification and Prize Redemption
13.1 Winning a prize is contingent upon the potential winner fulfilling all requirements set forth in the Rules.
13.2 In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted a winning entry fails to comply with the Rules, a prize may be forfeited and awarded to an alternate potential winner.
13.3 Potential winners will be notified via email within two (2) days following the drawing date. If an alternate potential winner needs to be selected, the disqualified winner will no longer be eligible, and the Promoter will randomly select an alternate potential winner from all remaining eligible entries received during the Promotion Period.
13.4 Each winner will be identified utilizing the email address provided by the winner while registering for the Panel. Each eligible entrant must have his/her own email address, separate from the e-mail address of any other eligible entrant. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations, and log-ins, or any other method(s), will void all of the entrant's entries and may subject the individual to additional sanctions or penalties in accordance with the Panel terms and conditions which must have been previously accepted by the entrant while registering for the Panel. In the event of a dispute as to the identity of any entrant, the Authorized Account Holder (as defined herein) of the e-mail address used by, or connected to, the eligible entrant will be deemed to be the entrant. The "Authorized Account Holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider, Internet service provider or any other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A potential winner may be required to show proof of being the Authorized Account Holder.
13.5 The winners' details will be published on the MyOpinions website on Friday, 09 October 2015.
13.6 Prizes will be delivered to verified winners within six (6) weeks following the Promotion End Date.
13.7 A draw for unclaimed prizes may take place as per the legal requirements at least three months after the draw at 11:00 AEST (Australian Eastern Saving Time), Wednesday, 06 January 2016 at the same place as the original draw, subject to any directions from a regulatory authority.
13.8 If unclaimed prize draws are required, the unclaimed prize draw winners will be notified via email on Friday, 08 January 2016.
13.9 The unclaimed prize draw winners' details will be published on the MyOpinions website on Friday, 15 January 2016.
13.10 All delivery costs associated with the prize are the responsibility of The Promoter.
13.11 If the prize delivery email is returned or bounces back marked "undeliverable" then the prize is considered to be unclaimed.
14. Disclaimers; Limitations of Liability
14.1 TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW BY ENTERING THE PRIZE DRAW, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE PROMOTER AND IT'S PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITY, DAMAGES, AND JUDGMENTS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO, OR LOSS OF, PROPERTY, ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH, PARTICIPATION IN THE PRIZE DRAW AND/OR RECEIPT AND USE OF A PRIZE.
14.2 The Released Parties are not liable and responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries or messages; or for lost, interrupted or unavailable network, server, Internet Service Provider ("ISP"), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Prize Draw, including, without limitation, errors or difficulties which may occur in connection with the administration of the Prize Draw, the processing of entries, the announcement of a Prize or in any Prize Draw-related materials. The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Prize Draw. The Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in the Prize Draw or downloading materials from or use of the website. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the entrant's sole remedy is another entry into the Prize Draw, if the Promotion Period has not expired. No more than the stated number of Prizes will be awarded.
14.3 EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES (1) ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL DIRECT DAMAGES, AND (2) ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
15. Miscellaneous Terms.
15.1 All entries become the property of the Promoter. Entrants consent to the Promoter using the entrant's name in any media for the purpose of promoting this competition (including any outcome).
15.2 The Promoter shall not be liable for any tax implications that may arise as a result of award a prize. Winners should seek the advice of independent tax or financial advisors.
15.3 If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any cause beyond the reasonable control of the Promoter, 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.
15.4 These Rules will be governed by the laws of the respective state or territory of Australia where the entrant resides and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of the relevant state or territory of Australia.
15.5 NOTHING IN THESE RULES (INCLUDING, WITHOUT LIMITATION, RULE 14) IS INTENDED TO RESTRICT OR LIMIT ANY RIGHTS AN ENTRANT MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW, SUCH AS THE NON-EXCLUDABLE CONSUMER GUARANTEES THAT SERVICES WILL BE PROVIDED WITH DUE CARE AND SKILL AND THAT GOODS ARE REASONABLY FIT FOR THEIR PURPOSE, ARE REASONABLY DURABLE AND SAFE AND ARE NOT DAMAGED.
Authorised under NSW Permit No. LTPS/15/05260, ACT Permit No. ACT TP 15/06534