“FLASH TO THE DASH MYOB” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes 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 and New Zealand residents aged 18 years or over that are employed by an Eligible Business, as defined herein and authorised to enter this promotion by their Eligible Business (each an “Eligible Individual”). An Eligible Business is any business located in Australia or New Zealand that is a current MYOB Partner (as recorded in MYOB database) with access to the Partner Dashboard and with an Active agreement (“Eligible Business”).
3. Eligible Businesses must be within the Promoter’s trading terms throughout the Promotional Period and must not have overdue monies owing as at 11:59pm AEST on 15/09/2017 for an Eligible Individual to be eligible to claim any prize if drawn as a winner.
4. 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.
5. Promotion commences on 29/05/2017 and final entries close at 11:59pm AEST on 31/08/2017 (“Promotional Period”). All times indicated are in AEST.
6. To enter, and receive an automatic entry into the draw, Eligible Individuals must, during the Promotional Period, successfully refer a client file (that is not already on a trial basis) to start a new MYOB SME subscription. Referrals can be made through the Partner Dashboard, my.myob or through a Partner Manager. Each referred client must have an active MYOB SME subscription by 11:59pm AEST on 15/09/2017 for the Eligible Business to receive an entry. The MYOB SME subscription must be paid for within 30 days of the referral or prior to 11:59pm AEST on 15/09/2017 (which ever is first). One (1) automatic entry will be awarded to an Eligible Individual for each client file it successfully refers in accordance with this clause. For clarity an Eligible Individual will receive multiple entries if a client has multiple files (with 1 entry per file) that are successfully referred by the Eligible Individual, so long as those files are not on a trial basis and they have an active MYOB SME subscription by the 11:59pm AEST 15/9/2017.
7. If the Partner Dashboard, my.myob login is used by multiple users, the prize will be awarded to the primary contact listed on the MYOB database. If the primary contact attached to the Partner Dashboard/my.myob login is invalid, generic or no longer works for the Eligible Business, the prize will be forfeited and awarded to a reserve entry in accordance with clause 13. The Promoter encourages Eligible Individuals to ensure that their contact details are correct, listed as the primary contact and up to date when referring a client file.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries are permitted subject to clause 6 above.
10. The Promoter reserves the right, at any time, to verify the validity of entries, Eligible Businesses and Eligible Individuals (including an Eligible Individual’s identity, age, place of residence and place of employment, and an Eligible Business’s place of business and MYOB subscription status) 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.
11. If there is a dispute as to the identity of an Eligible Business or Eligible Individual, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Business or Eligible Individual.
12. Entries will be divided into groups according to the country of the Eligible Business, either Australia or New Zealand. The draws will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 22/09/2017 at 11:00am AEST.
13. The Promoter reserves the right to draw additional reserve entries and record them in order of which they were drawn, in the event an invalid or ineligible entry is drawn.
14. The winners will be notified by telephone and in writing within two (2) business days of the draw. The name of each winning Eligible Individual will also be published online at https://www.facebook.com/groups/MYOBPartnerHQ/ and myob.com.au/flashtothedash from 25/09/2017. In the event of an Eligible Individual from SA, their name will also be published in The Advertiser on 25/09/2017.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The first four (4) valid entries drawn in each draw (Australia and New Zealand) will each win $1,000, in the winner’s local currency. Prize will be awarded in the form of a cheque made out to the winning Eligible Individual or direct deposited into the winning Eligible Individual’s nominated account.
17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize, then the prize will be forfeited.
18. Total prize pool value in Australia is AUD$4,000. The total prize pool in New Zealand is NZ$4,000.
19. Prizes are not transferable or exchangeable.
20. A draw(s) for any unclaimed prizes may take place on 22/12/2017 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and in writing within two (2) business days of the draw and the name/s of the winning Eligible Individuals will be published online at https://www.facebook.com/groups/MYOBPartnerHQ/ and myob.com.au/flashtothedash from 05/01/2018. In the event of an Eligible Individual from SA, their name will also be published in The Advertiser on 05/01/2018.
21. Each Eligible Individual consents to the Promoter using their Eligible Business’s name and their name, likeness, and/or image, 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.
22. 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 Eligible Individual; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
23. Any cost associated with accessing the Internet for the purposes of entering this promotion is the Eligible Individual’s responsibility and is dependent on the Internet service provider used.
24. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
25. 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, Eligible Business or Eligible Individual; or (f) taking/use of a prize.
26. As a condition of accepting a prize, each winning Eligible Individual must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
27. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
29. The Promoter is MYOB Australia Pty Ltd (ABN 13 086 760 198) of Level 3, 235 Springvale Road, Glen Waverley, Victoria 3150, telephone 1300 555 151 (Australia) and Level 2 5 Sir William Pickering Drive Burnside Christchurch 8053 (New Zealand)
NSW Permit No. LTPS/17/14160. ACT Permit No. TP17/00908