Terms & Conditions
1. Information on how to enter and the 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 small businesses operating in Australia (each an “Eligible Customer”)
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. Entries into the promotion open on 30/10/2019 and close at 11:59pm AEDST on 31/12/2019 (“Promotional Period”).
5. To be eligible to enter and receive an automatic entry into the relevant draw (as detailed below), an authorised representative on behalf of an Eligible Customer, must during the Promotional Period, either:
a) settle a new small business loan or refinance an existing small business loan with Prospa; or
b) settle and make an initial drawdown of a new line of credit with Prospa.
For clarity, entry is open to new and existing Prospa customers.
6. Multiple entries permitted however, only one (1) entry is permitted per settled new loan, refinance of an existing loan or initial drawdown of a new line of credit.
7. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Customers (including the businesses place of operation) and reserves the right, in its sole discretion, to disqualify any individual or Eligible Customer who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. There will be two (2) draws conducted for this promotion. Eligible Customers that submit an entry in accordance with 5a (i.e. settled a new loan or refinanced an existing loan) will be entered into draw 1 (“Draw 1”) and Eligible Customers that submit an entry in accordance with 5b (i.e. drawdown a new line of credit) will be entered into draw 2 (“Draw 2”). Draws will take place at Prospa Advance Pty Ltd, Level 1, 4-16 Yurong Street, Sydney NSW 2000 on 07/01/2020 at 3:00pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible customer is drawn. The winning Eligible Customer will be notified in writing within two (2) business days of the draw and the name of each winning Eligible Customer will be published in The Australian on 10/01/2020
9. The Promoter’s decision is final and no correspondence will be entered into.
10. The first valid entry drawn in each of Draw 1 and Draw 2 will each win $6,000. Prize will be awarded in the form of a cheque and will be awarded to the individual named on the application for the new small business loan or drawdown for a new line of credit. In the event there is more than one individual named on the application, the Promoter will award the prize to the primary signatory.
11. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
12. Total prize pool value is $12,000. Prizes, or any unused portion of a prize, are not transferable or exchangeable.
13. A draw for any unclaimed prizes may take place on 14/04/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winning Eligible Customers, if any, will be notified in writing within two (2) business days of the draw and the name of each winning Eligible Customer will be published in The Australian on 23/04/2020.
14. Authorised individuals consent, on behalf of the Eligible Customer, to the Promoter using the name of the Eligible Customer, likeness and/or image 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
15. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Customer; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
16. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States 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) 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.
17. 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 personal injury; or 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 their 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 Eligible Customer; or (f) use of a prize.
18. As a condition of accepting the prize, an authorised person on behalf of the winning Eligible Customer must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
20. The Promoter is Prospa Advance Pty Ltd (ABN 47 154 775 667) of Level 1, 4-16 Yurong Street, Sydney NSW 2000, telephone 1300 882 867.
NSW Permit No. LTPS/19/39094. ACT Permit No. TP19/04440. SA Permit No. T19/1763.