‘Spoilt for Choice’ promotion

Terms and conditions

1. Information on how to enter and prizes form part of these Terms and conditions. Participation in this promotion is deemed acceptance of these Terms and conditions.
2. Entry is only open to individuals 18 years or over who are employees/owners of businesses within Queensland with a “business” meter type only.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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.
4. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Only one (1) entry permitted per business
6. 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.
7. Promotion commences on 09/11/09 and individuals must sign up to Origin Energy’s ‘BusinessChoice Electricity Energy Plan’ by 5pm AEST on 18/12/09. The draw will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne Victoria 3004 on 05/01/10at 12pm noon AEDST.
8. Winners will be notified by phone and mail.
9. The Promoter’s decision is final and no correspondence will be entered into.
10. The first five (5) valid entries drawn will each win $1,000 cash.
11. Cash prize will be directly credited to the winner’s bank account as provided by the winner to the Promoter on notification of winning.
12. Prizes will be awarded to the owner of the respective winning business who may, in his/her absolute discretion, allocate the prize to any employee of that business
13. Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize or an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
14. Total prize pool value is $5,000.
15. A draw for any unclaimed prizes may take place on 05/02/10 at the same time and place as the original draw, subject to any directions from a regulatory authority.
16. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
17. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law
    1. to disqualify any entrant; or
    2. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
18. Except for any liability that cannot be excluded by law, the Promoter (including its 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 Promotion, including, but not limited to, where arising out of the following:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference;
    3. 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;
    4. any variation in prize value to that stated in these Terms and conditions;
    5. any tax liability incurred by a winner or entrant; or
    6. use of the prize.
19. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
20. If the Promoter is required in its opinion to withhold any amount in respect of tax from a payment to be made to the winners, it is entitled to do so and such withholding and payment to the relevant taxing authority will be a good discharge of its obligation to pay the relevant amount to the winners. In the event that the Promoter pays an amount to the winners without withholding an amount in respect of tax, the Promoter is indemnified by the winners for any loss suffered by it as a result of failing to withhold.
21. The Promoters are Origin Energy Electricity Limited (ABN 33 071 052 287) and Origin Energy Retail Limited (ABN 22 078 868 425) of Level 21, 360 Elizabeth Street, Melbourne Victoria 3000, telephone (03) 9652 5555.