1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who have a new or an existing humm account. The humm account must not be in arrears at the time of the draw. Entrants who create a new account must apply and have their account approved by the Promoter (and new account holders must fall within the target market identified in the Promoter’s Target Market Determination, available at http://www.shophumm.com/au/target-market-determination) during the Promotional Period (defined below) in order to be eligible to enter the promotion.
3. Employees (and their immediate families) of the Promoter and agencies associated with this competition 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 competition open on 24/11/22 and close at 11:59pm AEDST on 28/11/22 (“Promotional Period”).
5. To enter, entrants must undertake the following steps during the Promotional Period:
· Register their details online at https://www.shophumm.com/au/campaigns/hummbfcm (which can be accessed directly, or by clicking on a link provided by the Promoter in an SMS or eDM) and agree to the Terms and Conditions and to participate in this promotion. Entrants must register their details with the same email address linked to their humm account; and
· Spend $20 or more in a single transaction using their humm account at any humm accepting merchant (“Qualifying Transaction”) and they will receive one (1) entry into the draw. To be a Qualifying Transaction, the relevant transaction must clear during the Promotional Period. Entrants that make a Qualifying Transaction on any humm Big things payment plan (i.e payment terms of 6 months or more) will receive an additional five (5) entries in the draw on top of their initial entry (i.e. a total of six (6) entries).
6. For clarity, a person can register at any time during the Promotional Period. Individuals will only need to opt in/register once during the Promotional Period. Once registered, all Qualifying Transactions made by the individual will be deemed valid for the purposes of this competition regardless of when they registered.
7. Multiple entries are permitted, however only one (1) entry is permitted per Qualifying Transaction except in the case where a humm Big things purchase is made, in which case a maximum of six (6) entries will be awarded for that Qualifying Transaction. Transactions may take up to 3 days to clear.
8. Any entries received for Qualifying Transactions that have been cancelled or refunded during the Promotional Period and up until the time of the draw will be deemed invalid.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual 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 competition. 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.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11. The draw will take place at Anisimoff Legal, 5/210 Central Coast Highway, Erina NSW 2250 on 07/12/22 at 11:00am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by telephone and email on the same day as the draw and their names will be published online at https://www.shophumm.com/au/campaigns/hummbfcm on 08/12/22.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first five (5) valid entries drawn, will each win their choice of one of the following prize options: Option one: 1x Apple iPhone 14 Pro 128GB valued at $1,749; or Option two: 1 x Samsung Galaxy S22 5G 128GB valued at $1,249.
14. Mobile phone prizes are handsets only. Winners will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.
15. ‘iPhone’ is a trademark of Apple Inc. Apple Inc. is not a participant in or sponsor of this promotion.
16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize at the time stipulated by the Promoter, then the prize will be forfeited.
17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute that prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
18. Total prize pool value is up to $8,745.00.
19. Prizes are not transferable or exchangeable.
20. A draw for any unclaimed prizes may take place on 07/03/23 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email and telephone on the same day as the draw, and their name/s will be published online at https://www.shophumm.com/au/campaigns/hummbfcm on 08/03/23.
21. Entrants consent to the Promoter using their name, likeness, image and/or voice 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 competition (including any outcome), and promoting any products distributed and/or supplied by the Promoter.
22. If this competition 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the competition, as appropriate.
23. 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 competition.
24. 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 entrant; or (f) use of a prize.
25. The Promoter collects personal information (“PI”) in order to conduct the competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.shophumm.com/au/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia.
26. The Promoter is humm BNPL Pty Ltd (ABN 28 129 228 986) of Level 1, 121 Harrington Street, Sydney NSW 2000, telephone 02 8905 2000 (“Promoter”). ACT Permit No. TP22/ 02227. SA Permit No. T22/ 1847