MasterCard Asia/Pacific (Australia) Pty Ltd
Alex Perry MasterCard Usage Promotion
AUSTRALIA
Conditions of Entry

  1. Information on how to enter and prize details set out in all communications regarding the Alex Perry MasterCard usage Promotion ("Promotion") form part of the Conditions of Entry. By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these Conditions of Entry and the decision of the Promoter on all matters relating to the Promotion are final and binding. Participants must be individual MasterCard cardholders who are eligible to participate in the Promotion as set out at condition 4. Employees of the Promoter or the Promoter's associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members are ineligible to participate.
  2. The Promoter is MasterCard Asia/Pacific (Australia) Pty Ltd, ABN 95 108 603 345, L8 100 Arthur Street, North Sydney, NSW 2060, Australia.
  3. The Promotional Period for this Promotion commences 1 August 2008 at 00.01 (local time in NSW) and concludes on 31 October 2008 at 23:59 (local time in NSW).
  4. Entry into the Promotion is open to MasterCard cardholders who satisfy the following eligibility requirements (“Cardholders”):
    1. Who are residents of Australia over the age of 18 years old and who for the Promotional Period and up to and including the date on which the prize is finally awarded hold a valid MasterCard (being a standard, gold, platinum or co-brand MasterCard card, whether credit, debit or prepaid, other than a commercial card) issued in Australia and who are the persons liable to make payments under the relevant MasterCard account (i.e. primary cardholder), and any additional (i.e. supplementary) cardholders who are residents of Australia and over the age of 18 years;
    2. Who register their contact details and MasterCard card number in accordance with condition 8;
    3. Who make a valid purchase using their MasterCard card in accordance with these Conditions of Entry; and
    4. Who are available to travel to and/or attend the events specified in condition 10 on the dates nominated by the Promoter.
  5. To enter the prize draw, a Cardholder must register in accordance with condition 8 and make a valid purchase as defined in condition 13 of any value using their MasterCard credit card during the Promotional Period. The Cardholder will automatically receive one entry in respect of the draw for the prize under the Promotion for each valid purchase made.
  6. Prizes will be awarded to the Cardholder of the MasterCard account used to make a winning entry. If the Promoter cannot determine whether the primary cardholder or an additional cardholder made the prize winning purchase due to a member bank issuing the same MasterCard card number to each of the primary cardholder and the additional cardholder, the relevant prize will be awarded to the primary cardholder of the account used to make the winning entry. Any Cardholder whose account (in the case of an additional cardholder, the primary cardholder's account) is more than 30 days in arrears (the minimum payment due on the MasterCard account being more than 30 days overdue) as at the time of the relevant draw is ineligible to enter the Promotion and is not eligible for any prize (“Prize Exclusion Provision”).
  7. Cardholders who are primary cardholders irrevocably consent and authorise the Promoter to contact their issuing bank, and their issuing bank to confirm to the Promoter that their account used to make a valid purchase is in order (and that the Prize Exclusion Provision as set out in condition 6 does not apply to them). If a primary cardholder does not consent to the Promoter contacting their issuing bank and to their issuing bank confirming that the Prize Exclusion Provision does not apply, it must notify its issuing bank or the Promoter of this fact prior to the prize being drawn, or else the primary cardholder will be deemed to have consented to such disclosure by their issuing bank. Where an additional cardholder's entry is drawn, further to condition 14 the additional cardholder must obtain the consent of the primary cardholder to the matters set out in this condition (as described above).
  8. To complete the registration process, Cardholders must register by telephone on 1800552 242 or online at www.mastercard.com.au during the Promotional Period. Participants will be required to register their own details including but not limited to their full 16 digit MasterCard card number, their own full name, address and daytime telephone contact number. Only one registration per Cardholder will be accepted. It is each entrant’s responsibility to ensure that any details they provide during the registration process are accurate.
  9. 1800 calls will be free of charge from fixed line phones in Australia, standard mobile and payphone charges will apply. The cost of accessing the promotional website will be dependant on the Cardholder’s individual Internet Service Provider. Registrations must be comprehensible and, where relevant, audible in order to be valid. Inaudible and incomprehensible entries (as determined by the Promoter) will not be eligible.
  10. There is one (1) major prize to be won for this Promotion. The major prize consists of return business class flights for two people to Sydney on a date which is agreed on by the winner and the Promoter within 12 months of the prize draw. Whilst in Sydney the prize includes:
    1. Three (3) night stay at Blue hotel in Woolloomoolloo
    2. A private ‘meet and greet’ with Alex Perry at his flagship store
    3. Shopping/styling session with Alex Perry
    4. Pampering session, including make-up and nails
    5. Dinner and tickets to a special event (e.g. theatre show, concert, sporting event) to be determined dependant on dates the prize is taken. Maximum value $700.
    6. $5,000 spending money

    Maximum major prize value is $15,000

  11. The next 200 entrants drawn will be runner up winners, these 200 winners will receive a canvas overnight bag worth $35 each. Total runners up prize valued at $7000. (inc GST.)
  12. The total maximum prize value is AU$22,000
  13. The prizes do not include spending money, passports, visas, travel insurance, transfers, meals or accommodation (except to the extent that spending money, passports, visas, travel insurance, transfers, meals or accommodation are included as part of the prize packages listed in conditions 10). The prize will be drawn at 3.30pm (local time in NSW) on Thursday 4 December 2008 at belong, ABN 37 125 822 086, Level 8, 155 George St, Sydney NSW 2000, and will be awarded in a form to be determined by the Promoter.  The first entry drawn will win the major prize and the following 200 entries drawn will each win a runner up prize.
  14. In these Conditions of Entry, the word “valid purchase” refers to transactions (including, without limitation, all bill payments including those paid over the counter at a bank or post office) which are:
    1. Conducted either overseas or in Australia and charged to the MasterCard account in Australia;
    2. debited (posted) to the MasterCard account during the Promotional Period;
    3. not reversed or cancelled within 7 days of being posted to the MasterCard account; and
    4. not processed by the issuer of the MasterCard for a transaction involving a cash advance or purchase of a cash substitute e.g. gaming chips, or an ATM transaction.
  15. The major prize-winner/s will be notified by telephone and mail, with all runners up being notified by mail by the Promoter using the contact details provided to the Promoter by the Cardholder's member bank and advised that their entry has been drawn, and in the case of that winner being a primary cardholder, that their card issuer has confirmed that the Prize Exclusion Provision does not apply to them and that they are eligible to win a prize. In the case of an entry by an additional cardholder being drawn, subject to condition 6, the Promoter will request that the additional cardholder, and the additional cardholder must, request that the primary cardholder contact the Promoter to provide their consent to the Promoter contacting the primary cardholder's issuing bank to confirm that the Prize Exclusion Provision does not apply to the primary cardholder's account. The prize winner’s name will be displayed on www.mastercard.com.au for Australian cardholders and will be available in writing upon written request to MasterCard Asia/Pacific (Australia) Pty Ltd, Level 8, 100 Arthur Street, North Sydney NSW 2060 Australia. The details of the major prize winner drawn in this Promotion will be published in the public notices section of The Australian on Monday 5 January 2009.
  16. Should the major prize remain unclaimed by a winner from any state, an unclaimed prize draw will take place at 11:00 (Local time in NSW) on 10 March 2009 at belong, ABN 37 125 822 086, Level 8, 155 George St, Sydney NSW 2000, subject to state regulation (including, without limitation, any written directions given under Regulation 37 of the Lottery and Gaming Regulations 1993 (SA)). In the event of a redrawn winner, they will be notified by mail and the details of any redrawn major prize winner will be published in the public notices section of The Australian newspaper on 18 March 2009.
  17. No prize is either redeemable for cash or transferable. Each prize-winner shall accept the prize ‘as is’ and acknowledges that the Promoter accepts no responsibility for any variation in the value of the prize.
  18. All valid claims for a prize and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each participant consents to the Promoter exercising this right, to validate and check the authenticity of entries and prize claims, with the relevant Cardholder’s issuing bank.
  19. The Promoter does not assume any responsibility for any products and services offered under, or purchased to participate in, the Promotion. The products are sold and services are provided solely by the relevant vendors, under such terms and conditions as determined by such vendors, and the Promoter accepts no liability whatsoever in connection with such products and services. The products and services have not been certified by the Promoter and under no circumstances shall the inclusion of any product or service in the Promotion be construed as an endorsement or recommendation of such product or service by the Promoter.
  20. The Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents, shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the participant’s participation in the Promotion or the receipt or use of any part of the prize or suffered during the course of the prize winning travel except for any liability which cannot be excluded by law.
  21. The judges’ decision is final and no correspondence will be entertained.
  22. To the extent permitted by law, the Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents shall not be responsible in any way whatsoever in respect of the following: (1) any amount spent on or charged to a participant’s account in the course of entering the Promotion or for correctness of the details of the purchases and transactions made; (2) technical failures of any kind including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure or the malfunctioning failure or unavailability of any computer, server, cable, line, network, hardware, software, internet service or web site; (3) unauthorised human intervention in any part of the entry process of the Promotion, including but not limited to theft, destruction or unauthorised access to, or alteration of the Promotion; (4) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (5) any entry that is late, lost, stolen, damaged or misdirected or otherwise not received; and (6) any negligence.
  23. The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion if fraud, technical failures or any other factor beyond the Promoter’s reasonable control adversely affects the Promoter’s ability to conduct the Promotion as contemplated in these Conditions of Entry, subject to state regulation. In such event, the Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the cancellation or modification. The Promoter also reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Conditions of Entry or in an unsportsmanlike, non-genuine or disruptive manner. Any attempt by any person to deliberately cause damage or undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person, to the fullest extent permitted by law, in addition to disqualifying such person.
  24. The Promoter will use its best endeavours to provide the prizes listed. If any of the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute that prize or item for a prize or item of an equivalent value.
  25. The Promoter’s failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
  26. By acceptance or receipt of a Promotional prize, a prize-winner agrees to hold harmless the Promoter, its financial institutions, its members, its related companies and agencies, and each of their respective directors, officers, employees and agents from and against any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by the Promoter, its financial institutions, its members, its associated companies and agencies and their respective directors, officers, employees and agents in connection with such prize-winner’s participation in the Promotion or receipt, redemption or use of the prize.
  27. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings or the use thereof. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
  28. Records of all entries become and remain the sole property of the Promoter. Except where prohibited by law, and unless otherwise advised by the entrant, all entries will be entered into a database and the Promoter reserves the right to publicise the entrant’s names for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid by or to the entrant. The Promoter also reserves the right to share the Cardholder's data with their issuing bank for marketing purposes. Except where prohibited by law, participation in the Promotion constitutes Cardholder's consent to the storage, use and disclosure of Cardholder's entry details as set out in these Conditions of Entry and also constitutes Cardholder's acknowledgment that Promoter may use overseas facilities to process, store or back up its information. As a result, the Promoter may transfer Cardholder's personal information to its overseas facilities for storage. However, this does not change any of the Promoter's commitments to safeguard Cardholder's privacy.
  29. Except where prohibited by law, participation in the Promotion constitutes a prize-winner's consent to the Promoter’s use of the prize-winner's name, likeness, opinions and address for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a condition of entry that in order to claim the prize, prize-winners must agree to execute any necessary consents and releases to effect the foregoing.
    Information collected pursuant to the Promotion from entrants is subject to the privacy policies of the Promoter, which can be found at www.mastercard.com.au and will be handled in accordance with all applicable laws in Australia.
  30. Participants may access and correct their personal information held by MasterCard by contacting:

    31. MasterCard Australia
    Level 8, 100 Arthur St
    North Sydney NSW 2060
    Australia

  31. Any cancellation or modification to the Promotion will be notified on the Promoter's website: www.mastercard.com.au.
  32. A copy of these Conditions of Entry and prize details can be obtained by visiting www.mastercard.com.au or calling 1800 552 242 (free call from a fixed line phone in Australia, standard mobile charges apply).
  33. If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) appearing had not been inserted herein.
  34. These Conditions of Entry shall be governed by the laws of the respective state or territory of Australia where the entrant resides and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of the relevant state or territory of Australia.
  35. Authorised under NSW Permit No: LTPS/08/06631, VIC Permit No: 08/2992, ACT Permit No: TP 08/02729, SA Permit No: T08/2659