Mates Rates x Up: Terms & Conditions

Mates Rates x Up - 'Best Mates' Offer Promotion Terms & Conditions ("Conditions of Claim")

1.     The claimant agrees and acknowledges that they have read these Conditions of Claim (and the Schedule) and that claiming a gift in the Promotion is deemed to be acceptance of these Conditions of Claim (and the Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.

2.     The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

3.     Valid and eligible claims will be accepted during the Promotional Period, while gift stocks last.

4.     Employees (and their immediate family members) of the agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of successful claimants for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to claim. "Immediate family member" 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.

5.     If a gift is claimed by a person under the age of 18, the gift may be awarded to the claimant's parent or guardian and where applicable to the gift a nominated parent/guardian must accompany any person under 18 years of age.

6.     No part of a gift is exchangeable, redeemable for cash or any other gift or transferable, unless otherwise specified in writing by the Promoter(s).

7.     Each gift will be awarded to the person named in the claim and any claim that is made on behalf of a claimant or by a third party will be invalid. If there is a dispute as to the identity of a claimant, the Promoter(s) reserves the right, in its sole discretion, to determine the identity of the claimant.

8.     Claimants' personal information will be collected by the Promoter(s) directly or through the Promoter’s agents or contractors. Personal information will be stored on the Promoter's database. By submitting a claim, claimants consent to the Promoter(s) using this information for future marketing purposes regarding its products, including contacting claimants electronically[1] [2] . The Promoter(s) collects personal information about claimants to run this Promotion and may disclose claimants’ personal information to its related entities and to third parties including its contractors and agents, gift suppliers and service providers to assist in conducting this Promotion. By participating in this Promotion, claimants consent to receive email or SMS messages from the Promoter(s) without any functional unsubscribe facility if they relate primarily to the conduct of this Promotion. If the claimant does not provide their personal information as requested, they may be ineligible to claim a gift in the Promotion. The Promoter’s Privacy Policy (see https://up.com.au/privacy) (see https://matesrates.au/pages/privacy) [3] includes information about: (a) how a claimant can seek access to the personal information the Promoter(s) hold about them and seek correction of the information; and (b) how to complain about a privacy breach and how the Promoter will deal with such a complaint.

9.     If a gift is provided to the Promoter(s) by a third party, the gift is subject to the terms and conditions of the third party gift supplier. The terms and conditions which apply to the gift at the time it is issued to the claimant will prevail over these Conditions of Claim in the event of any inconsistency. To the extent permitted by law the Promoter(s) accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.

10.   Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

11.   If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter(s) may in their sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected claims, or suspend or modify a gift, subject to State or Territory regulation.

12.   The Promoter(s) reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). If a claimant cannot provide suitable proof as required by the Promoter to validate their claim, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a gift. Claims containing offensive or defamatory comments, or which breach these Conditions of Claim, any law or infringe any third party rights, including intellectual property rights, are not eligible to claim a gift. The use of any automated claim software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.

13.   The Promoter(s) reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. If there is a dispute concerning the conduct of the Promotion or claiming a gift, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision, acting reasonably, will be final.

14.   The Promoter(s) and its associated agencies and companies 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 gift (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).

15.   The claimant(s) will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter(s) may use any such marketing and editorial material without further reference or compensation to them.

16.   The Promoter(s) accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.

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

18.   Authorised under: NSW Authority No. TP/02798.