The Commonwealth Bank of Australia 'The CommBank Matildas on Loan competition' (Promotion) is conducted by the Commonwealth Bank of Australia ABN 48 123 123 124 of Level 1, 11 Harbour Street, Sydney, New South Wales, 2000 (13 2221) (Promoter).
The Promotion commences at 9:00am (AEST) on 17th September 2024 and closes at 11:59pm (AEDT) on 9 December 2024 (Promotion Period).
In these Terms and Conditions:
"Application Form" means the online form for the CommBank Matildas on Loan Promotion accessible at CommBank.com.au/backingbusiness.
"CommBank Matildas" refers to the Australian women's national soccer team.
"Excluded Business" means, as determined by the Promoter, a financial business or a business that competes with the Promoter or a sponsor of the CommBank Matildas.
"Football Australia" refers to the governing body of soccer in Australia with ABN 28 106 478 068.
Eligibility
Entry is open to Australian businesses who:
hold an active Commonwealth Bank of Australia Business Transaction Account; and
have an ABN and operate their business in Australia;
would otherwise be able to claim the cost of the advertising services provided in clause 11; and
in the case of sole traders, are an Australian resident aged 18 years or older; and
are not (as determined by the Promoter):
an Excluded Business;
an employee of the Promoter or Football Australia;
involved (whether as a principal, agent or employee) in the conduct or the promotion of the Promotion (including any person who determines who is to win a prize in the Promotion); or
involved in the management of the Promoter, any of the Promoter's related entities or Football Australia,
(Eligible Entrant).
To be eligible to win a Prize, the Eligible Entrant must continue to meet the eligibility requirements set out in clause 4, until the Winners or Reserve Winners have been determined in accordance with these terms.
How to enter
To enter, Eligible Entrants must, at any time during the Promotion Period, fully complete and submit an Application Form at CommBank.com.au/backingbusiness by answering questions about the Eligible Entrant's business and describing, in 50 words or less, "why you would like the CommBank Matildas to help promote your business" (Eligible Entry).
By submitting the Application Form, the Eligible Entrant agrees to be bound by these Terms and Conditions.
Eligible Entrants may only enter the Promotion once.
Only entries submitted by an authorised representative of an Eligible Entrant will be deemed an Eligible Entry.
Prize details
Each Winner will be awarded one of up to 50 available Prizes.
Each Prize consists of:
a Commonwealth Bank branded, directed and produced advertisement for their business in either print, audio or video format (at the Promoter's sole discretion). The advertisement will feature at least three CommBank Matildas team members (as determined by the Promoter and subject to team member availability) and will promote the Winner (for example, by featuring the name, trade mark, nature of business, website, social media links and/or the date on which the Winner became a customer of Commonwealth Bank);
the publication or broadcast of the advertisement by the Promoter sometime between January to March 2025 (timeframes are approximate and will be confirmed to the Winner) on one or more media channels such as the Promoter's website or social media platforms, Commonwealth Bank branches, television, radio, outdoor billboards and posters (as determined by the Promoter); and
materials featuring the advertisement which will be made available to the Winner upon request, for the Winner to publish on the Winner's website and social media platforms for a period of up to 12 months from the date on which the advertisement was first published or broadcast by the Promoter as described in clause b). Any such use by the Winner is subject to the Winner complying with the Promoter's, Football Australia's and the CommBank Matildas' requirements for use of their intellectual property, including any branding guidelines,
(the Prize).
The Winner's use of the Prize is subject to the Winner consenting to their intellectual property, including branding, trade marks and copyright, being licensed to the Promoter and Football Australia on a royalty-free, perpetual, irrevocable basis for the purpose of creating, publishing and broadcasting the advertisement, and agreeing to their intellectual property featuring beside Commonwealth Bank, Football Australia and the CommBank Matildas' branding, trade marks and copyright.
Determining the Winners
Up to 50 Winners (each a Winner) in total will be decided at 5:00 pm (AEDT) on 20 December 2024 at Level 1, 11 Harbour Street, Sydney NSW.
Eligible Entries will be judged by a panel consisting of at least one representative from each of the Promoter and Football Australia and Winners will be decided based on their "50 words or less" response describing "why you would like the CommBank Matildas to help promote your business". Winners may be subject to further checks by the Promoter to confirm eligibility before being awarded the Prize.
At the time of selecting the Winners, the Promoter will select a further 10 entries to be reserve winners if the Prize is not claimed by, or cannot be delivered to or redeemed by, a Winner in accordance with these terms (Reserve Winners).
The selection of a Winner is final, and cannot be appealed.
Eligible Entrants are only eligible to win one (1) Prize in total.
Notifying the Winners
The Promoter will notify each Winner by email and telephone by 5:00 pm (AEDT) on 17 January 2025 (the Notification Date) using the contact details provided in the Application Form.
Claiming the prize
The Winner must claim the Prize within 2 days of being notified by the Promoter, by confirming receipt of the Promoter's notification email by return email or by such other method specified in the notification email and completing the actions described in clause 21.
If the Prize is not claimed by the Winner or is unable to be delivered to the Winner in accordance with these terms:
the Winner will be taken to have forfeited the Prize and the Promoter will award the Prize instead to a Reserve Winner who was next selected in accordance with clause 15;
the Promoter will notify the Reserve Winner by email and telephone within 7 days of the Prize being awarded to them; and
the Reserve Winner must claim the prize in the manner described in clause 19.
As a condition of claiming and redeeming the Prize, the Winner or Reserve Winner must:
accept these Terms and Conditions;
continue to meet the Eligibility Requirements set out in clause 4;
not engage in any conduct which:
is illegal or likely to breach any laws or regulations;
is contrary to the Promoter's or Football Australia's values; or
is likely to damage the Promoter's, Football Australia's or the CommBank Matildas' reputation;
infringes or damages the goodwill in the Promoter's, Football Australia's or the CommBank Matildas' intellectual property; and
consent to being contacted for purposes directly related to the Promotion.
Prizes will be delivered to the Winners in accordance with clause 11. The Promoter reserves the right to not deliver the Prize to the Winner or to withdraw the Prize or any part of the Prize at any time if the Promoter determines the Winner has not complied with clause 21.
Resolving disputes
Complaints regarding the Promotion may be submitted by:
completing the online complaints form available at www.commbank.com.au/support/compliments-and-complaints;
calling 13 22 21; or
visiting any Commonwealth Bank Branch.
If there is a dispute concerning the complaint, the decision of the Promoter is final and binding, and no further correspondence will be entered into.
General
Information on how to enter and prize details set out in all communications regarding the Promotion form part of these Terms and Conditions.
Should they be a Winner or Reserve Winner, Eligible Entrants consent to publication and provision of their details in accordance with these terms.
Any entry not complying with these terms is invalid. Errors and omissions may be accepted at the Promoter's discretion.
The Promoter’s decision is final in relation to all aspects of this Promotion and no correspondence will be entered into.
Beneficiaries of the Prize accept the Prize ‘as is’ and acknowledge that the Promoter accepts no responsibility for any tax implications that may arise from their Prize. Beneficiaries of the Prize should seek advice from the Australian Tax Office or their own taxation adviser or independent financial adviser.
Promoter reserves the right, at any time, in its sole discretion, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age, place of residence and status of Eligible Entrant's CommBank Business Transaction Account held with The Commonwealth Bank and reserves the right, in its sole discretion, to disqualify any Eligible Entrant whom the Promoter has reason to believe has breached any of these terms, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
If for any reason this Promotion is not capable of running as planned (including, but not limited to, the Promotion or any aspect of the Promotion not meeting legal or regulatory requirements, infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter may, subject to the approval of all relevant regulatory authorities, take any action that may be available including cancelling, terminating, modifying or suspending the promotion.
The Promoter owns all intellectual property, including trade marks and copyright, in the Prize, and may license such intellectual property for third parties to use for promotional purposes.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Nothing in these terms 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, Football Australia and their related entities (including their respective directors, officers, employees and agents) are not responsible for and exclude 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 and/or Football Australia’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; (e) any tax liability incurred by a beneficiary of a Prize (including an Eligible Entrant and the Prize recipient); (f) use/taking of the Prize (g) the Promotion.
All entries become the sole property of the Promoter. The Promoter collects your personal information so that it may process your entry and administer this Promotion.
The Promoter may communicate personal information to external providers and organisations to which it may outsource certain functions.
The Promoter will use and handle your personal information as set out in its Privacy Policy, which can be viewed at www.commbank.com.au or obtained from a branch. The Privacy Policy set outs how you may access, update or correct your personal information, change your direct marketing preferences or make a privacy complaint. You may contact the Promoter via the Privacy Officer, Customer Relations, Commonwealth Bank Group, Reply Paid 41, NSW 2001, by calling 13 2221 or by visiting any branch.