A. STANDARD TERMS AND CONDITIONS
1. Endeavour Lottery #426 (“the Lottery”) is conducted by Endeavour Foundation ABN 80 009 670 704 of PO Box 3555, Tingalpa DC, Queensland 4173. The Lottery is promoted in aid of Endeavour Foundation’s charitable causes. Further information concerning the Lottery can be obtained from Endeavour Foundation on 1800 63 40 40.
B. CONDITIONS OF ENTRY
2. The following information details the conditions of entry into this Lottery including all relevant prize details. By purchasing a ticket, it is deemed that all terms and conditions have been agreed to and accepted by the person whose name is completed on the ticket or in the entry mechanism as the entrant (“Entrant”).
3. The Lottery will be open from 10:00am Australian Eastern Standard Time (“AEST”) on Thursday 28th November 2019 and will continue until 7:00pm AEST on a Thursday 13th February 2020 (“Lottery Period”).
4. Entry in the Lottery is open to all Australian citizens and foreign persons (a foreign person being as defined within the Foreign Acquisition and Takeovers Act 1975 (Cth)) (“the Act”) who are at least 18 years old except the following persons who are precluded from buying Lottery tickets: members of the Endeavour Foundation Board of Directors or the management committee and any member of their immediate family (defined as the person’s spouse and family members residing at the same premises as the person) ; persons directly engaged in conducting the draw of the art union and any member of their immediate family executive staff and their immediate family; Endeavour Foundation lotteries staff and their immediate family; information systems staff and their immediate family; and the internal auditor/s and their immediate family and those persons otherwise excluded by operation of the Charitable and Non – Profit Gaming Rule 2010 (Qld);
5. By entering the Lottery, the Entrant warrants they are not prohibited from accepting the prize. Lottery prizes are only transferrable to the winner named on the ticket. Lottery winners may be required by Endeavour Foundation to travel to its Brisbane office to claim the Lottery prize and effect handover of the prize. The cost and expense associated with any travel to the Brisbane office are to be borne by the winner.
6. Where the prize is land in Australia, an Entrant who is a foreign person and drawn as the winner of the Prize Home may be required to obtain approval (at that Entrant’s own cost) from the relevant authority/s under the Act (and related or replacement legislation relevant to the acquisition of land by foreign persons as in force at the Draw Date) to acquire and hold land in Australia, prior to being eligible to receive that prize. If such approval is required, that Entrant must promptly make application to the relevant authority and obtain requisite approval within a reasonable time before that prize can be transferred to that Entrant. Endeavour Foundation may but is not obligated to assist. If such approval is not obtained or not obtained within a reasonable time as determined by Endeavour Foundation, the Entrant is deemed to have elected to accept an alternate prize as negotiated in good faith between the winner and Endeavour Foundation. Endeavour Foundation is not responsible for payment of any taxes or levies imposed as a consequence of acquisition of land by a foreign person.
7. Endeavour Foundation is not responsible for any entry not received by it during the Lottery Period regardless of the reason. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost tickets, late or misdirected entries. Endeavour Foundation is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
8. To enter and be eligible to win, Entrants must purchase one or more tickets from Endeavour Foundation and correctly complete the details required on the ticket order form or online entry form. The number of tickets available will range from 500,000 (single-ticket purchases) to 620,000 (if bundle purchases occur).
Endeavour Foundation may in its absolute discretion apply for additional tickets from the licensing authority prior to the commencement of Lottery Period. Each correctly completed ticket purchased from Endeavour Foundation will be included in the random draw process.
9. The following pricing structure applies to a single transaction: $10 for 1 ticket; $20 for 2 tickets; $30 for 4 tickets; $50 for 10 tickets; $60 for 14 tickets; $100 for 30 tickets. Bundled tickets must be purchased in one transaction. Lottery tickets and gift tickets cannot be combined for bundled pricing options.
10. In the event an order to purchase a ticket is received after the end of the Lottery Period or the draw is sold out, the order will be automatically entered in lottery #427. Where tickets are purchased and payment tendered by cheque, that cheque must be received no later than five business days prior to the end of the Lottery Period and must clear prior to the end of the Lottery Period. Where payment tendered by cheque is received less than five business days prior to the end of the Lottery Period, the ticket/s will be issued in lottery #427.
D. DRAW AND PRIZES
11a. PRIZES: #426 Endeavour Foundation Lottery 1st Prize: Prize Home at 36 Lighthouse Circuit, Birtinya QLD 4575: Prize home House + land value: $925,000, interior design $106,174, electrical goods, $5,552, Q Art $2190, Alarm system $3,128, Legal transfer and valuation $6,700, $5,000 gold bullion for rates and water for the year & $5,000 gold bullion for travel: Total prize value $1,058,744, including:
I. Fully furnished;
II. Free transfer of title;
III. Security system with 6 months free monitoring
IV. $5,000 Gold bullion for rates and water
V. $5,000 Gold bullion for travel and accommodation
b. Promotional Prize – Early Bird: $5,000 cash directly deposited into the winner’s bank or credit union account (should a resident from Victoria or New South Wales be drawn the prize will be provided as $5,000 in Gold Bullion). All customers who purchase a ticket on or by 15th January 2020 are eligible for entry into the Early Bird draw.
12. Drawing of all eligible entries during the Lottery Period will take place by random draws from 11:00am AEST on 20th February 2020 (“Draw Date”). All draws will take place at Endeavour Foundation, 33 Corporate Avenue, Cannon Hill, Queensland. Members of the public are invited to the draw.
13. Endeavour Foundation reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. Endeavour Foundation’s decision in relation to any aspect of the Lottery is final and binding on each person who enters. The Entrant will not be notified of any disqualification.
14. The prize winners will be notified by email, phone or registered post and their initials and geographical location will be published on the website www.endeavourlotteries.com.au on 20th February 2020. Winners have the right to have their initials remain anonymous.
15. The cost of maintaining the Prize Home is the responsibility of the winner from the date of handover of the house keys to the winner or after 28 days from the Draw Date, whichever first occurs. Endeavour Foundation will attend to rectify any defects in the Prize Home accepted by Endeavour Foundation if the winner notifies Endeavour Foundation of the defect/s within:-
a. 28 days of handover for a new dwelling, building or structure; or
b. 2 months of handover if the dwelling, building or structure is not new.
Endeavour Foundation does not accept responsibility for general ‘wear and tear’ or damage after the handover. Endeavour Foundation will retain the benefit of the builder’s warranties for the period of three months after handover to allow it to attend to rectify any defect/s.
16. Upon handover of the Prize Home, the winner is responsible for but not limited to the following: all insurances over the Prize Home including public liability cover; payment for all services to the Prize Home including water, electricity, telecommunications, internet and gas; the maintenance and upkeep of the prize home; and all other matters and things usual and incidental to the ownership of land in Australia.
17. Any prizes won by Entrants excluding NSW and ACT residents that have not been claimed within twelve months of the Draw Date will be sold and the proceeds applied to the Endeavour Foundation’s purposes. Any prize won by Entrants residing in NSW, if unclaimed at the end of three months Endeavour Foundation will seek approval to sell and the proceeds applied to the Endeavour Foundation’s purposes. In respect of a17. Any prizes won by Entrants excluding NSW and ACT residents that have not been claimed within twelve months of the Draw Date will be sold and the proceeds applied to the Endeavour Foundation’s purposes. Any prize won by Entrants residing in NSW, if unclaimed at the end of three months Endeavour Foundation will seek approval to sell and the proceeds applied to the Endeavour Foundation’s purposes. In respect of any prize won by Entrants residing in ACT, if unclaimed at the end of three months, Endeavour Foundation will seek approval to redraw the prize (the redraw being conducted as if it were the first draw of that prize) and at the place time and date of the next Lottery conducted after the expiration of this period, by Endeavour Foundation.
18. Prizes cannot be transferred or exchanged and are not redeemable for cash. All costs expenses, taxes levies and imposts associated with the prizes not specifically referred to as being the responsibility of Endeavour Foundation are the responsibility of the winner. All selling costs and market variations apply when selling Gold Bullion and are solely the responsibility of the winner. If Endeavour Foundation is unable to provide the winner with the nominated prize, or the winner is unable to legally own or receive the nominated prize, Endeavour Foundation reserves the right to substitute the nominated prize with another prize of the same value in its absolute discretion and subject to any direction of the relevant authority.
19. Any product or brand names, logos, images and other trademarks featured or referred to within the Lottery website are the property of their respective trademark owners. Endeavour Foundation does not represent an affiliation with any trademark owner referenced on this website. The trademark owners do not sponsor, approve or endorse Endeavour Foundation.
20. While Endeavour Foundation takes care to ensure all information on its Lottery website is correct, it does not warrant the accuracy or completeness of the information provided and will not be liable for any inaccuracy, omission, variation, or error. Users should make their own enquiries and satisfy themselves as to the accuracy of the information and how it may apply to them. Photographs and floor plans are for illustrative purposes only and may not be to scale or depict exact prize detail or size.
21. By entering the Lottery, the Entrant understands and agrees that Endeavour Foundation may use and disclose the information provided by the Entrant on the terms and for the purposes (including marketing) set out in Endeavour Foundation’s Privacy Statement available on our website or by calling 1800 63 40 40. The Entrant agrees that Endeavour Foundation is permitted to contact the Entrant even after this Lottery ends. If the Entrant wishes to access or correct the personal information that Endeavour Foundation holds about the Entrant, or if the Entrant does not wish the information to be disclosed, the Entrant should advise Endeavour Foundation in writing to 33 Corporate Drive, Cannon Hill, QLD 4170.
22. To the extent permitted by law including under the Australian Consumer Law as prescribed in within schedule 2 of the Competition and Consumer Act 2010 (Cth), Endeavour Foundation shall not be liable for any loss or damage of whatsoever nature howsoever occasioned to any person by, through or in connection with this Lottery (including but not limited to direct indirect or consequential loss or damage or personal injury). Endeavour Foundation is not liable to a winner for the financial consequences (including but not limited to any taxation liability or levy that may accrue to the winner, impact upon eligibility for or receipt of any pension, benefit allowance, superannuation or similar entitlement) to the winner arising from winning the prize.
23. Lottery themes and prizes do not necessarily reflect the views of Endeavour Foundation or its staff members.
24. By purchasing a ticket, the Entrant agrees the laws of Queensland apply to the conduct of the Lottery and the construction of these terms and conditions.
25. QLD Licence No 29762. ACT Permit No. R19/0396, VIC Permit No 00000/19, NSW Permit No GOCAU/2219