“Get On With It with OnDeck” Promotion – Terms & Conditions
- Information on how to enter and Prize details form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
- The promoter is OnDeck Capital Australia Pty Ltd (ABN 28 603 753 215) Level 11, 130 Pitt Street, Sydney NSW 2000 (“Promoter”).
- Entry is only open to all small businesses and sole traders operating in Australia (“Eligible Businesses”). Any business or sole trader that the Promoter reasonably suspects in its sole and absolute discretion, not to be a genuine business, or does not qualify as an Eligible Business, will be invalidated and will not be eligible to win the Prize.
- Employees (and their immediate families) of the Promoter, Macquarie Media Limited 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.
- Entries open on 12.00pm AEDT 12/11/2018 and entries close at 11.59pm AEDT on 30/11/2018 (“Promotional Period”).
- For an Eligible Business to receive an entry into the Promotion, the owner of the Eligible Business (who must be an Australian resident aged 18 years or over) must be available from 1pm-1.30pm AEDT on Friday, December 14 2018 for a call with Ben Fordham from radio 2GB (“Call”) as detailed in paragraphs 11 and 12 below, and on behalf of the Eligible Business, during the Promotional Period, visit ondeck.com.au/win, provide all of the requested details and an answer, in 50 words or less, the promotional question: “What would you spend $10,000 on and what difference would that make to your business?”
- The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Businesses (including the owner’s position, identity, age and place of residence and employment and the number of employees, turnover and address of the Eligible Business) and reserves the right, in its sole discretion, to disqualify any Eligible Business who the Promoter considers, in its sole and absolute discretion to be invalid or ineligible or who the Promoter has reason to believe has breached any of 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 will 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, to the extent permitted by law.
- Incomplete or indecipherable entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries or entries not received for any reason during the Promotional Period. 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.
- Only one (1) entry is permitted per Eligible Business. The use of any automated entry software or any other mechanical or electronic means of automatic entry is prohibited and will render entries submitted using such means invalid.
- Owners must only enter in the name of their Eligible Business. If there is a dispute as to the identity, validity or eligibility of an Eligible Business, or the identity of an owner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Business or owner disqualify any Eligible Business that does not meet the eligibility criteria or any entry that is invalid for any reason.
- This is a game of skill and chance plays no part in determining the Winner. All eligible entries received during the Promotional Period will be individually judged based on: creative merit, how well the promotional question is answered, the general benefit and value of the business to the community and alignment with the OnDeck brand. The judging will be conducted by representatives of the Promoter (“Judges”). The judging will take place on 03/12/2018 at Level 11, 130 Pitt Street, Sydney NSW 2000. The Judges’ decision in relation to any aspect of this Promotion is final and binding on each person who enters. The best entry, as determined by the Judges in accordance with this paragraph 11, will win the Prize, provided that the owner of that Eligible Business is available for the call with Bed Fordham from 1pm-1.30pm on Friday, December 14 2018 as set out in paragraph 12 (“Provisional Winner“). The five next best entries as determined by the Judges will be the first to sixth runners up, respectively in order according to the Judges’ scores, in case the Provisional Winner is not available for the call as set out in paragraph 12 or is ineligible for any reason.
- The Promoter may notify the Provisional Winner and five runners-up (together, the “Finalists”) that they have been judged as the Finalists by phone on Wednesday, December 12 2018. To claim the Prize and be the Winner (“Winner”), the Provisional Winner must be available from 1pm-1.30pm AEDT on Friday, December 14 2018 for a call with Ben Fordham from radio 2GB (“Call”). In the event that the Provisional Winner is not available for the Call, the Provisional Winner will be deemed ineligible and will forfeit the Prize in its entirety and the Promoter will then contact the remaining Finalists in descending order (according to the Judges’ decision as set out in paragraph 11). The highest ranking Finalist that is available for the Call will then be judged the Winner. Following the call, the Winner will be notified by email on Friday, December 14 2018, and will be announced on air on 2GB during the Drive session from 3.00pm-6.00pm AEDT on Friday, December 14 2018.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Winner will be awarded $10,000 (incl. GST) and a $10,000 (excl. GST) voucher for advertising on Radio 2GB 873 or Macquarie Sport 954 in Sydney, as detailed in paragraph 15 (“Prize“). The prize money component of the Prize will be delivered to the Winner’s nominated bank account by electronic transfer by December 31 2018. A voucher for the radio advertising component of the Prize will be delivered to the Winner by email on December 14 2018, the Winner can redeem the voucher by calling the relevant radio station manager on the details provided in the email voucher notification.
- The radio advertising component of the Prize is a campaign will consist of either 30 x 30 second commercials run of station (i.e. across all days and sessions) on 2GB 873 or 100 x 30 second commercials placed on Macquarie Sport 954, as elected by the Winner.The airtime will be placed at the radio station’s discretion and can be moved depending on airtime availability. Macquarie Media will produce a 30 second commercial at no charge so the Winner can utilise the airtime. The airtime will be placed within 6 months or no later than June 30th 2019.
- If the Winner engages in any conduct that, in the reasonable opinion of the Promoter, may bring the Winner’s owner or business or the Promoter into disrepute, contempt, scandal or ridicule or that otherwise offends public opinion before the radio advertising component of the Prize has been exhausted, then the radio advertising will immediately cease and the Winner will forfeit the remaining portion of the radio advertising.
- The total prize pool value is $20,000.
- The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- 19. The Promoter, at its discretion, may require the owner of the Winner to appear in a testimonial video, to be filmed after the Prize has been awarded and utilised on business enhancement/s. No fee or payment will be awarded for their participation in this video. The video will be filmed at the Winner’s place of business at a date and time to be agreed with the Promoter.
- All costs associated with participating in the Promotion and the Prize are the responsibility of the Eligible Businesses. Any costs associated with accessing the internet are the Eligible Businesses’ responsibility and depend on the internet service provider used.
- Eligible Businesses agree that they are fully responsible for any materials they submit during or in relation to the Promotion including but not limited to answers to the promotional question (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Eligible Businesses (and their owners) warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, or that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is their original work that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
- Without limiting any other terms herein, the Eligible Business (and the owner) agree to indemnify the Promoter against any loss or damage suffered by the Promoter arising from any breach of these Terms and Conditions.
- The owner of each Eligible Business consents to the Promoter using their name, likeness, image, and/or voice (including photograph, film and/or recording of the same) and the details of the Eligible Business in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome) or the Promoter’s business and services.
- 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 Business; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
- 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 Australian Securities and Investment Commission Act 2001 (Cth) or similar consumer protection laws in Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude 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 or the use of any component of the Prize.
- Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude 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 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 Business; or (f) the Prize (including but not limited to taking and receiving of the Prize).
- The Promoter collects personal information about entrants to include entrants in the Promotion and where appropriate award the Prize. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each Eligible Business, and / or owner (as applicable) consents to disclosing their personal information to the Promoter and the Promoter using, and disclosing their personal information to the relevant authorities in the relevant States, the Promoter’s related entities, Macquarie Media Limited, the Promoter’s agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Prizes) for the following purposes:
(a) conducting the Promotion;
(b) contacting the entrant in relation to the Promotion;
(c) announcing the Winner’s name in accordance with these Terms & Conditions and as required under relevant legislation;
(d) improving the Promoter’s or the Promoter’s related entities’ goods and services; and