Terms and conditions

1.The People’s Choice Community Lottery (“Lottery”) is conducted by People’s Choice Community Foundation Limited ABN 97 154 717 987 of 50 Flinders Street, Adelaide SA 5000, ph 13 11 82 (“we”, “us”, “our” or “Promoter”).

2.We are a subsidiary of People’s Choice Credit Union, a trading name of Australian Central Credit Union Ltd ABN 11 087 651 125 (“People’s Choice Credit Union”). We are not an authorised deposit-taking institution and our obligations do not constitute deposits or liabilities of, and are not guaranteed by, People’s Choice Credit Union.

3. All entry instructions, ticket sales and purchases, and prize information published by the Promoter form part of these terms and conditions. Participation in the Lottery (including by accepting a prize) is deemed acceptance of these terms and conditions. By purchasing a ticket in the Lottery and entering into a draw for a Lottery prize, each ticket holder or entrant (“you”) agrees that the laws of South Australia apply to the conduct of the Lottery draw and the construction of these terms and conditions.

4.The Lottery is conducted in South Australia (“SA”), Victoria (“VIC”), the Australian Capital Territory (“ACT”), New South Wales (“NSW”), Northern Territory (“NT”) and Tasmania (“TAS”). This Lottery is authorised under SA Lottery License No M14289, VIC Raffle Permit No 10434/22, ACT Permit No. ACT R 22/00176 and NSW Art Union Authority Number GOCAU/2470.

5. Lottery entry commences (and ticket sales open) at 12:00pm (ACST) on Thursday 29 September 2022 and closes (and ticket sales close) at 11:59pm (ACDT) on Thursday 2 March 2023 (“Lottery Period”). Except as otherwise stated, all times are ACST/ACDT (as applicable).

6.The Lottery is only open to individuals who:

Entry

7. An Eligible Entrant who purchases a ticket online during the Lottery Period from a participating group’s fundraising page at communitylottery.com.au for AU$2.00 will be automatically entered into the draw. Entries must be received by the Promoter during the Lottery Period.

8. All proceeds from ticket sales for the Lottery benefit participating charities, community groups, sporting clubs, schools, pre-schools and other participating organisations (each a “participating group”). We accept no responsibility and disclaim all liability for any inaccurate information provided to us by a participating group who have entered into an agreement with us. Lottery themes and prizes do not necessarily reflect the views of us or our staff members.

9. If we become aware that a participating group is in default under its agreement with us for participation in the Lottery, we have the discretion (subject to applicable laws) to withhold the proceeds from that participating group and to apply the proceeds to another participating group.

10. There are 700,000 online tickets for sale during the Lottery Period at a cost of AU$2.00 each. Tickets are available for purchase online from a participating group’s fundraising page at www.communitylottery.com.au. When purchasing tickets online, you will have the option to receive ticket numbers via email or to print a copy of the tickets. Tickets cannot be refunded or exchanged.

11. The Promoter reserves the right at any time, in its absolute discretion:

12. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Errors and omissions will be accepted at the Promoter’s discretion.

Draw and Prizes

13. There will be two (2) draws namely early bird draw and main draw and forty three [43] prize winners drawn. There are 43 prizes totalling $303,235.37 AUD to be won (“Prize(s)”):

14. Tickets purchased from 12pm (ACST) on 29 September 2022 up to and including 11:59pm (ACDT) on 24 November 2022 will be entered into the draw for the early bird prize.

15. Tickets purchased from 12:00pm (ACST) on 29 September 2022 up to and including 11:59pm (ACDT) on 2 March 2023 will be entered into the main draw for all prizes other than the early bird prize.

16. All valid entries received during the Lottery Period will be entered into the early bird draw and main prize draw.

17. Draws will be made via random selection from all Eligible Entries as recorded in the Promoter’s records in accordance with clause 19. The winner of the early bird prize will remain to participate in the main draw and have a chance to win another prize.

18. The Promoter may draw reserve entries in a prize draw and record them in order to use in the instance an invalid entry or ineligible entrant is drawn, or if a prize is not claimed in accordance with these Lottery terms and conditions.

19. Prizes will be allocated to tickets in the order in which they are drawn (i.e. the first prize will be allocated to the first ticket drawn and so on). Except for the early bird prize, once a ticket has won a Prize, the ticket is no longer eligible to win any further Prizes.

20. A full list of all Prizes and their respective values is available at Schedule 1 to these terms and conditions. Total Prize pool is valued at $303,235.37 (RRP) including any applicable GST.

21. It is a condition of accepting a Prize that the winner must comply with all the terms and conditions, conditions of use of the Prize and Prize supplier's requirements. Without limiting this, Prizes are to be accepted by winners ‘as is’ (ie. where a colour of a Prize is preselected, allocated or specified in Schedule 1 or otherwise this is fixed and accepted) and Prize availability or collection may be subject to manufacturer delivery delays.

22. Any additional costs not expressly stated, but which may be incurred in use of a Prize, are the responsibility of the winner. This includes but is not limited to any travel expenses associated with use of the Prize (if applicable).

23. No compensation will be payable if a winner or recipient is unable to take the Prize or any element of a Prize as stated, or does not satisfy any conditions of use for any element of the Prize (including conditions imposed by event organisers or staff, or other Prize providers, such as health, behaviour, age and safety requirements, as applicable), for whatever reason. Any part of a Prize that is not taken for any reason is forfeited and no compensation will be provided.

24. If a Prize (or part of a Prize) is unavailable for any reason, the Promoter may, in its absolute discretion, substitute alternative goods or services of equal or higher value, subject to the approval of any relevant gaming authority, where required. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or recipient or any other party if a Prize (or part of a Prize) is unavailable for any reason.

25. Other than as expressly stated in these terms and conditions, a Prize is non-transferable, non-refundable, non-exchangeable, non-replaceable and non-redeemable for cash or another Prize, except at the Promoter’s discretion and subject to relevant State/Territory legislation. A Prize winner is not entitled to any difference between the value of a Prize (at the time the Prize is awarded) and the recommended retail price, if any.

26. Each Prize winner will be notified in writing by email within two (2) business days of the draw (using the contact details for the Eligible Entrant in the Promoter’s records), and their name, town/suburb and State/Territory will be published in The Australian newspaper on or before 11 December 2022 (early bird prize draw) and 19 March 2023 (main draw), respectively, and published on the Promoter’s website for a minimum period of 28 days.

27. The Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. Prize winners will be notified of the Prize won and of how the Prize is to be delivered or collected. Prize winners may need to collect Prizes from a nominated retail outlet. Where this is not reasonably possible, we may at our discretion make reasonable alternative arrangements with the Prize winner for the collection of their Prize.

28.The Promotor reserves the right to redraw the winner of a Prize in the Lottery in the event a Prize winner is unable to satisfy these terms and conditions or forfeits or does not claim a Prize.

29. Subject, where relevant, to any directions given by a relevant gaming authority, if: (i) a Prize is not claimed by a winner or the Promoter has been unable (despite reasonable efforts) to successfully contact the winner on or before 19 June 2023 (main draw) or (ii) a winner is determined by the Promoter to be ineligible to win a Prize in accordance with these terms and conditions, the relevant Prize will be forfeited and instead awarded to another Eligible Entrant in a redraw. Any such redraw will be made from a pool of the remaining Eligible Entrants and will take place at 12.00pm on 20 June 2023 at the same location as the original draw, with any unclaimed Prizes awarded to the first valid entry/ies randomly drawn. The name of any resulting redrawn winner(s) and their State or Territory of residence will be published on the Promoter’s website and in The Australian newspaper on or before 4 July 2023. The redraw Prize winner will be notified within 2 days of the redraw by email (using the contact details for the Eligible Entrant in the Promoter’s records). If the Prize remains un-won at the end of this Lottery, or if a Prize winner cannot be found, that information will be published on the Promoter’s website within 2 weeks of the Promoter being unable to contact or locate a Prize winner.

30. Any unclaimed Prize will be dealt with in accordance with the legislation applicable to the Lottery in the State or Territory in which the winner of the unclaimed Prize resided (according to the address provided at the time the ticket was purchased).

General

31. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or delays or failures in any equipment or telecommunications service used to administer this Lottery.

32. If for any reason this Lottery is not capable of running as planned, or is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, weather event, pandemic, epidemic, civil unrest, strikes, computer bugs or viruses, tampering or technical failures or in connection with Covid-19), the Promoter reserves the right to cancel, terminate, modify or suspend the Lottery, or invalidate any affected entries, subject to the approval of any relevant gaming authorities, where required.

33. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorised access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Lottery; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Lottery (whether as a result of one of the foregoing causes or otherwise); or (v) any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a Prize.

34. If any dispute arises between you and the Promoter concerning the conduct of this Lottery or claiming a Prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. All of the Promoter's decisions in relation to all aspects of this Lottery are final and no correspondence will be entered into.

35. A winner accepts a Prize at their own risk. Any tax liability arising as a result of accepting a Prize or grant is the responsibility of the winner. Independent financial advice should be sought as may be required.

36. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel ("Relevant Party") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Lottery or Prize including without limitation: (i) any indirect, special, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death. To the extent that such liability cannot be excluded by law, it is limited to the minimum allowable by law.

37. To the full extent permitted by law, we are not responsible for the merchantability or fitness for purpose of any Prizes and exclude all warranties, express or implied pertaining to the same.

38. The winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding winning a Prize, free of charge, and consent to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise.

39. The Promoter may communicate or advertise this Lottery using social media platforms i.e. Facebook, Instagram, Snapchat, and Twitter (“Social Media Platform”). However, the Lottery is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform. Each entrant completely releases the Social Media Platforms from any and all liability in relation to this Lottery, and acknowledges that this Lottery is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform. Eligible Entrants provide their information to the Promoter and not to any Social Media Platforms.

40. Proof of identity, residency and eligibility is at the discretion of the Promoter. In the event that a person cannot provide suitable proof, they may forfeit the Prize in whole and no substitute will be offered.

41. The Promotor reserves the right to vary the rules of the Lottery or any Prizes offered or cancel the Lottery (or any aspect of the Lottery) if it is no longer able to run the Lottery due to reasons beyond its control (subject to any applicable law). The Promotor will not be liable for any losses to any person arising from any variation or cancellation, and will not offer or pay any compensation.

42. Personal information about entrants and ticket holders is collected by us or on our behalf to enable the Promoter and its agents to manage, administer and promote the Lottery and, where applicable, publicise the winners and, in the case of ticket holders who have not opted out of receiving direct marketing, us making you aware of offers, services and products of People’s Choice Credit Union and other third parties which you may be interested in. The personal information may also be provided to persons assisting the Promoter, including Prize suppliers and deliverers, marketing agencies and IT providers, and to gaming authorities, media outlets and related companies. The Promoter will disclose a winner’s name, town/suburb and State/Territory of residence to The Australian newspaper for publication. The winner’s name, town/suburb and State/Territory of residence will also be published on the Promoter’s website. By participating in the Lottery (and/or accepting a Prize), Eligible Entrants consent to these uses and disclosures of their personal information.

43. If an Eligible Entrant does not provide the personal information the Promoter requests, the Promoter may not be able to enter them into the Lottery. All personal information is handled in accordance with these conditions and the Promoter’s Privacy Policy available at https://communitylottery.peopleschoice.com.au/pages/privacy-policy (“Privacy Policy”). Our Privacy Policy also sets out information about how to contact us, seek correction of your personal information, make a privacy related complaint, and how we will deal with any privacy related complaint. We may share limited personal information with third parties, including but not limited to agents and contractors, and a group located in Canada or the United States and such other countries we may disclose to you from time to time. We do so on the basis that the information will be used only for the purposes set out in the Privacy Policy.

44. Entry into the Lottery also entitles the Promoter and any related companies to let the entrant know from time to time about news, offers, products and services they might be interested in (by any medium, including telephone, email, mail, SMS or online marketing). Entrants consent to the:

a). use and disclosure of their personal information in order to undertake direct marketing by us of offers, services and products of People’s Choice Credit Union and other third parties which they may be interested in, subject to applicable laws;

b). use and disclosure of their personal information in order to undertake direct marketing promoting the Lottery and future lotteries run by us, subject to applicable laws.

Entrants may unsubscribe from marketing communications at any time using information contained in a marketing message or by making this request by contacting us on 13 11 82 or emailing us at Communitylottery@peopleschoicecu.com.au.