5th Birthday Giveaway 

MyPayNow Pty Ltd ACN 635410909

PROMOTION TERMS AND CONDITIONS

For each promotion in our Birthday Giveaway, the Terms and Conditions are constituted by the following:

- the applicable Schedule of Details (Schedule); and

- the General Terms and Conditions of Entry.

Entry into the relevant promotion is deemed acceptance of the Terms and Conditions.

SCHEDULE OF DETAILS

SCHEDULE OF DETAILS

SCHEDULE OF DETAILS

SCHEDULE OF DETAILS

SCHEDULE OF DETAILS

GENERAL TERMS AND CONDITIONS OF ENTRY    

1. General

1.1. Unless otherwise stated:

(a) capitalised terms used in these General Terms and Conditions of Entry have the meaning given in the Schedule.

(b) a reference to Terms and Conditions is a reference to the applicable Schedule and these General Terms and Conditions of Entry.

1.2. The entrant agrees and acknowledges that they have read these Terms and Conditions and that entry into the Promotion is deemed to be acceptance of these Terms and Conditions.

2. Entering the Promotion

2.1. The Promotion commences on the Start Date and ends on the End Date (the Promotion Period).

2.2. Entry to the Promotion is open to Eligible Persons as described in the Schedule.

2.3. Eligible Persons who satisfy the How to Enter process in the Schedule, will be automatically entered into the Promotion (unless they opt-out in accordance with the Schedule).

2.4. Unless otherwise specified in the Schedule, there is a limit of one entry per Eligible Person.

2.5. Entries must be received by the Promoter during the Promotion Period. The time of entry will in each case be the time which the advance request is approved by the Promoter, not the time of receipt of funds by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of entry.

2.6. No entry fee is charged by the Promoter to enter the Promotion. As the Promotion involves entry via a mobile or web application, the cost of accessing the website will be dependent on the entrant's Internet service provider.

3. Entry content and validity

3.1. Entries submitted by persons who are not Eligible Persons, or that breach these Terms and Conditions, will be deemed invalid. The Promoter may not assess each entry, however winning entries will be scrutinised.

3.2. The use of any automated entry 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.

3.3. If for any reason, the Promoter becomes aware after an entrant has won the Prize that they have not complied with these Terms and Conditions or their contract with the Promoter, that there has been fraudulent or other unlawful activity on their customer account, or that their entry is otherwise invalid, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.

4. Prize Draw

4.1. The Winner of the Prize is determined by chance.

4.2. The Prize Draw will take place on the Draw Date, in accordance with the Draw Details in the Schedule.

4.3. The first valid and eligible entrant drawn will be the Winner.

4.4. The Promoter will draw additional reserve entries and record them, in order, in case of an Unclaimed Prize.

4.5. All reasonable attempts will be made to contact the Winner.

4.6. If there is a dispute as to the identity of an entrant or Winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or Winner.

5. Notifying Winner and Claiming Prize

5.1. The Winner will be notified in accordance with Winner Notification in the Schedule. It is the Winner's responsibility to ensure that they have ongoing access to the email account associated with their customer account. The Promoter takes no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted by email.

5.2. The Prize must be claimed in accordance with Claiming Prize in the Schedule. The Winner is responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.

6. Unclaimed Prize

6.1. If the Winner chooses not to take the Prize (or is unable to) or does not claim the Prize in accordance with the Schedule, they forfeit the Prize and the Promoter is not obliged to substitute the Prize.

6.2. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and an entrant's details (including an entrant's identity, age and place of residence). In the event that a Winner cannot provide suitable proof as required by the Promoter to validate their entry, the Winner will forfeit the Prize in whole and no substitute will be offered. Identification considered suitable for verification is at the Promoter's discretion.

6.3. If the Winner forfeits the Prize or their entry is deemed invalid under these Terms and Conditions, the Prize will be considered "Unclaimed" and dealt with in accordance with Unclaimed Prize in the Schedule.

7.  Prizes - General

7.1. Prizes are not transferable or exchangeable. No compensation will be paid if a Winner is unable to use the Prize.

7.2. If a Prize or any element of a Prize is unavailable for any reason, the Promoter may substitute for that Prize, or an element of that Prize, another item of equal or higher value as determined by the Promoter (at its absolute discretion).

7.3. Where a Prize is lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.

8. Privacy and Information

8.1. Entrants' personal information will be used for the purpose described in Use of Personal Information in the Schedule. For that purpose, the Promoter may disclose entrants' personal information to other companies associated with the Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers, or other entities which provide research or marketing services to the Promoter.

8.2. The Winner's details will be published and retained in accordance with Winner Publication in the Schedule, and as required under relevant legislation.

8.3. Entrants' personal information will otherwise be handled in accordance with the Promoter's privacy policy, available at https://mypaynow.com.au/privacy_policy/.

8.4. By entering the Promotion, entrants acknowledge that they have read and understood how their information will be used and disclosed by the Promoter.

9. Limitation of Liability

9.1. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of god, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, security breaches, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the Promoter's control which affect the proper or reasonably anticipated conduct or administration of the Promotion, or prevent the awarding of the Prize in accordance with these Terms and Conditions.

9.2. If for any reason any aspect of this Promotion is not capable of running as planned, including due to any of the above events, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, invalidate any affected entries, or suspend or modify any Prize, subject State or Territory regulation.

9.3. The Promoter and its associated agencies and companies (including their officers, employees and agents) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

10. Other Terms

10.1. The Promoter reserves the right to disqualify any entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, breached their contract with the Promoter, had fraudulent or other unlawful activity on their customer account, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.

10.2. The Promoter may at its absolute discretion prohibit an entrant's participation in the Promotion, cancel or suspend the Prize or cease to provide the Prize to a Winner if the entrant or Winner is, in the reasonable opinion of the Promoter, behaving aggressively, disruptively, or in a manner which may diminish the goodwill or reputation of the Promoter, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.

10.3. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

10.4. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.

10.5. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the Prize. Entrants should seek independent financial advice prior to entering the Promotion if this is a concern.

10.6. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.