TERMS AND CONDITIONS

Evoenergy competition

GENERAL

1. Each Entrant whose Entry is one (1) of the three (3) drawn must confirm their eligibility to be awarded a Prize and their ability to accept a Prize within three (3) months of being successfully notified by the Promotional Partner that their Entry has been one (1) of the three (3) Entries drawn otherwise their Entry will be deemed invalid. In the event that the Promotional Partner cannot successfully contact an Entrant who submitted one (1) of the three (3) winning Entries within three (3) months of the draw, or in the event of an invalid Entry or an ineligible Entrant, or if an Entrant is ineligible to accept or declines to accept a prize, the Promoter may, in its sole discretion, draw another Entry and award the Prize to that Entry. In no event will there be more than three (3) Prizes awarded. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the Prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Conditions of Entry, actually be awarded one (1) of the three (3) Prizes.


2. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the Competition. This includes but is not limited to any Entry which the Promoter considers to be disparaging of its prizes or is otherwise not in keeping with the spirit of the Competition.


3. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Competition and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim the prize, and any information submitted by the Entrant in entering the promotion, before issuing the prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.


4. The Promoter reserves the right to verify the validity of any and all entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.


5. A Prize will only be awarded following any winner validation and verification that the Promoter requires in their sole absolute discretion.


6. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.


7. It is a condition of accepting a Prize that a winner may be required to sign legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.


8. An Entrant also agrees that the Promoter may, in the event the Entrant is the winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant Australian State or Territory legislation.


9. If a Prize or element of a Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.


10. If the Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of COVID-19 restrictions, war, terrorism, epidemic, pandemic, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable State or Territory legislation.


11. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize, subject to any written directions made under applicable State or Territory legislation.


12. All of the Promoter’s decisions in respect of the Promotion are final and no correspondence will be entered into.



PRIVACY

13. The Promoter and its Promotional Partner collect Personal Information about an Entrant to include the Entrant in the Promotion, award the prize(s) (where appropriate) and use the information to assist in improving the goods and services of the Promoter and its Promotional Partner. If the Personal Information requested is not provided, an Entrant cannot participate in the Promotion and is deemed ineligible.


14. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at privacyenquiry@evoenergy.com.au. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter or via the Promoter’s website https://www.evoenergy.com.au/legal/privacy-policy.


15. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means in Australia, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.