1. Information on how to enter and the Prize 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 Australian residents aged 18 years or over who have a humm card account. The humm account must not be in arrears at the time of the Prize Draw.
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 at 12:00AM AEDT on 26 March 2024 and close at 11:59PM AEST on 21 April 2024 (“Competition Period”).
5. To enter, individuals must, during the Competition Period:
a. make any purchase at any retailer using their humm account during the Competition Period (“Qualifying Transaction”). No minimum spend is required; and
b. click the registration link within the promotional email sent by the Promoter or visit https://www.shophumm.com/au/promotion/winyourbalanceback2024 and follow the prompts to the registration page, input the email address associated with their humm account and submit the fully completed entry form.
6. It is the entrant’s responsibility to ensure that their contact details associated with their humm account are up to date.
7. Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction; and (b) each entry must be submitted separately and in accordance with entry requirements. For the removal of doubt, there is no minimum spend required for each Qualifying Transaction.
8. Any entries received for Qualifying Transactions that have been cancelled or refunded during the Competition Period and up until the time of the Prize 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 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.
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. Incomplete or indecipherable entries will be deemed invalid.
12. The draw will take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 on 24 April 2024 at 2:00PM AEST (“Prize Draw”). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by telephone and in writing via email within two (2) business days of the Prize Draw. The winner will be published on https://www.shophumm.com/au/promotion/winyourbalanceback2024 from 1 May 2024.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first three (3) valid entries drawn will receive the amount equal to the closing balance of their humm account as of 11:59PM AEST on 21 April 2024, up to the maximum value of $5,000 (“Prize”). The Prize will be credited to the winner’s humm account. In the event that a winner’s balance at the time of being awarded the Prize is lower than their closing balance as of 11:59PM AEST on 21 April 2024, any remaining balance of the Prize to be credited will be a positive balance applied to that winner’s humm account and can be used for future purchases. For clarity, the outstanding balance considered for this competition must be the same humm account used for the Qualifying Transaction/s.
15. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a Prize at/by the time stipulated by the Promoter, then that Prize will be forfeited.
16. If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
17. Total prize pool value is up to $15,000.
18. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash.
19. A draw for any unclaimed Prizes may take place on 24 July 2024 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 telephone and email within two (2) business days of the draw and their names will be published on https://www.shophumm.com/au/promotion/winyourbalanceback2024 from 1 August 2024. 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
20. 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
21. Any cost associated with accessing their humm account is the entrant’s responsibility and is dependent on the Internet service provider used.
22. 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.
23.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/taking of a Prize
24.The Promoter collects personal information (“PI”) in order to conduct the promotion 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. The Promoter will not disclose PI to any entity outside of Australia.
25. 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.
26. ACT Permit No. TP24/00573. SA Permit No. T24/470. NSW Authority No. TP/02297.