General
Information on how to enter and prizes form part of these Terms and Conditions. Entry into this competition constitutes acceptance of these Terms and Conditions.
To the extent, if there is any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
The Promoter is Esendex Australia Pty Ltd (ACN 113 596 580, Level 21, 55 Collins Street, Melbourne VIC 3000, Australia) (‘Promoter‘).
Who can enter
- Subject to point 2 below, entry is open to all Australian businesses (must provide active ABN) who have not previously or currently been a client of Esendex. (‘Eligible Entrants’).
- Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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.
How to enter
Eligible Entrants may enter this competition during the Promotional Period (defined below) by:
- Beginning a free trial within the timeframe of 17/11/2021 to 01/03/2022; and
- Answering the below within the timeframe of 17/11/2021 to 05/03/2022:
‘In 25 words or less, how would you use $1000 worth of Esendex messaging credits to make your business’ seasonal sale brilliant?’
From 17/11/2021 to 01/03/2022 any business that begins a free trial will receive an email asking if they would like to enter the Seasonal Sale Esendex Competition. Each entrant will have till 05/03/2022 to submit their response to the above question.
Each entrant must be signed up with the business email address of the registered business. An Esendex consultant will need to communicate with each entrant to validate that they are an Australian Business.
By submitting an entry into this competition entrants consent to being contacted regarding the trial and validation of business. Additionally, the entrant consents to the Promoter publishing the name of the winning business of the competition via Esendex website and Linkedin. Each entrant consents to receive promotional and other marketing messages from the Promoter (including messages sent electronically and via SMS for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
When to enter
The competition commences on 17/11/2021 at 8:00 PM and closes on 05/03/2022 at 11:59 PM (‘Promotional Period’). All times noted in these Terms and Conditions are local times to Victoria Australia, based on the location of the Promoter. Entries must be received by the Promoter prior to the competition close date and time.
The winners will be the best valid entries as judged by the judging panel, having regard to skill, creativity and originality, at the Promoter’s Premises or agent of Promoter on January 11, 2022,
The Promoter may select additional entries to be used as replacements in the event that the first entrant chosen as a winner cannot satisfy these Terms and Conditions or take a prize.
The winners will be notified by direct message and their name or handle will be published online at https://www.esendex.com.au/sms-and-other-mobile-messaging-these-seasonal-sales/ by March 20 2022 08:30 PM
Prize will be credited to the winner’s Esendex account within 7 days, unless notified the credits will be deposited to the free trial account created for the competition.
Number of Entries permitted
One entry per Eligible Entrant.
Prize on offer
The prize is $1000 worth of Esendex Australia messaging credits.
If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize or if the winner is not an Eligible Entrant, that winner will forfeit the prize in its entirety and it shall be awarded to the next runner up in the promotion.
The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
The Promoter reserves the right to rejudge in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
The judges’ decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining any winner. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries.
Prizes are not transferable, exchangeable and cannot be converted to a cash amount or equivalent. Messaging credits issued are non-refundable. Credits must be used within 12 months of being received.
Privacy Collection Statement
By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy.
Copyright, Statutory guarantees, Waiver and liability
All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed.
Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State 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) is not responsible for and excludes all liability (including negligence) for 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 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) use of a prize.
Further terms and conditions
Prize receiver may not use prize message credits for personal use. If the account is found to be used for malicious or personal purposes the prize will be withdrawn and the account blocked. Any use of the prize and Esendex services will be subject to the Terms and Conditions available at https://www.esendex.com.au/terms-and-conditions/