Terms and Conditions of the 2023 Employment Hero Transformation Awards
THESE TERMS AND CONDITIONS
1.1 These terms and conditions (Terms) are for the “Employment Hero Transformation Awards” program and they apply to all entrants.
1.2 Application entries open on 13 September 2023 and close at 11pm AEDT on 8 October 2023 (Promotion Period).
1.3 We may change these Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page. If the change is made during the Promotion Period, the changed Terms will not apply retrospectively.
1.4 By entering the “Employment Hero Transformation Awards” you are accepting that you will be legally bound by these Terms.
1.5 We recommend you print or save a copy of these Terms for future reference during the “Employment Hero Transformation Awards”.
THE PROMOTER OF THIS AWARD PROGRAM
2 The promoter of this awards program is Employment Hero Pty Ltd (ABN 11 160 047 709), with its address at Level 2/439-441 Kent St, Sydney NSW 2000, and its Affiliates (Employment Hero, we, or us).
ELIGIBILITY RULES FOR EMPLOYMENT HERO TRANSFORMATION AWARDS
3.1 These Awards are open to all customers and partners of Employment Hero in the countries in which we provide our products and services.
3.2 The nominated business must have 10+ employees.
3.3 Whether any eligibility requirement has or has not been met is always at our sole discretion and we may require evidence or confirmation from entrants before awarding prizes.
3.4 Employment Hero and its Affiliates’ employees and their immediate families (and the employees of any third-party sponsors, prize providers or their immediate families) may not enter the “Employment Hero Transformation Awards”.
HOW TO ENTER
4.1 To enter the “Employment Hero Transformation Awards” you must complete the submission via the VideoAsk platform and answer the questions to submit your entry into one of the Award Categories (Submission).
4.2 Submissions are limited to one entry per company for each category. You are eligible to enter more than one category, as long as the work submitted meets the criteria.
4.3 Submissions for each of the three categories will be reviewed by a judging panel which includes senior Employment Hero team members. Each judge will review and consider Submissions against the Award Category criteria to determine the winners.
4.4 Submissions will be stored in VideoAsk and shared with the judging panel.
SUBMISSION METHODS
5.1 Deficient Submissions: In all “Employment Hero Transformation Awards” categories, we reserve the right to reject any Submissions that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject Submissions that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful. We accept no responsibility for any late, lost or misdirected Submissions including but not limited to texts, calls or emails not received due to technical disruptions, network congestion, loss in service of online Submission mechanisms, computer error in transit or any other reason. Proof of posting of any postal Submission will not be proof of our receipt of that Submission. We cannot enter into correspondence with entrants who experience difficulties with entering online.
5.2 Automated Submission: The use of any automated Submission software or any other mechanical or electronic means that permits any person to enter any “Employment Hero Transformation Awards” repeatedly is prohibited.
5.3 Names: Entrants must enter “Employment Hero Transformation Awards” using their legal name only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
5.4 Multiple Submissions. No person or business may enter into an Awards Category more than once and persons or businesses may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company. If we suspect that an individual or business has set up a fake email address and/or online presence to circumvent this rule, we reserve the right to disqualify all Submissions that we reasonably believe were generated by that individual.
5.5 Retrospective Submission. Where an entrant or prize winner has been found to be in breach of any of these Terms, and in particular where a person is in breach of the Submission restrictions set out in this section, we may still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
5.6 Inappropriate Behaviour. We reserve the right to disqualify an entrant, or to refuse or withdraw a Prize, if an entrant or a winner threatens or abuses one of our employees, or otherwise conducts themselves in a manner that we reasonably regard as inappropriate, offensive or unlawful.
PRIZES
6.1 There are three prizes, one per category. Each award category winner will receive a prize consisting of the following items:
a) a team prize to distribute amongst colleagues as you see fit, who have been of great support in using Employment Hero:
i) Australian customers and partners only: Each winning organisation in Australia will receive Hero Points equivalent to $1,000 AUD to distribute to their team. Hero Points will be made available in your Customer or Partner Account. Please see the link to the Hero Points terms and conditions (Appendix A of the Employment Hero Platform General Terms). Hero Points will be available in your account and they are non transferable and can’t be redeemed for cash equivalent.
ii) Customers and partners outside Australia: If outside of Australia, 1 × $1,000 AUD GiftPay Flexi eGift Card (local currency equivalent as at September 2023, subject to clause 6.9) will be sent by email to the nominated email address of the submitee within 14 business days of the winner being announced. Third party terms and conditions governing the use of the Flexi eGift Card will apply. For more information on how to use or redeem your Flexi eGift Card, click here.
6.2 We reserve the right (when reasonably required to do so) to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners or a designated business representative must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the HR leader or business owner at the prize winner’s organisation.
6.3 All prize winners will be notified that they have won a prize within thirty (30) days of the closing date of the “Employment Hero Transformation Awards” via at least one of the following methods:
a) by telephone;
b) by email; or
c) in writing
6.4 Any physical prizes will be delivered to the address confirmed by the submittee on notification of winning. The voucher will be delivered by email. Should a prize winner’s contact details change, it is their responsibility to notify us.
6.5 We reserve the right to request proof of a prize winner’s identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity and/or address that is reasonably acceptable to us, we may withdraw the prize and select another prize winner.
6.6 All prizes are subject to availability, non-transferable and non-exchangeable. Prize winners will forfeit any element of their prize that they do not take at the time stipulated in these Terms. No cash will be awarded in lieu of that prize or any part of it.
6.7 Any tax or other charges payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
6.8 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our “Employment Hero Transformation Awards” or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
6.9 All stated prize values are listed in Australian dollars and will be given in the relevant currency related to the winning organisation’s listed business address. The monetary value of prizes granted to Customers and Partners outside of Australia will be subject to the exchange rates applicable from time to time. We take no responsibility for any fluctuations in prize values due to exchange rates. We award vouchers in the name of the prize winner. Any other arrangement will be at our discretion.
6.10 Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these.
UNCLAIMED PRIZES
7.1 All Category prizes must be claimed within fourteen (14) days of our notification of winning.
7.2 We reserve the right to award prizes unclaimed after these periods to alternative prize winners or not to award them at all.
7.3 If you call to claim a prize from a “withheld number” line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
7.4 For recipients of Hero Points, you must make an award to a user of Hero Points (“Hero Point Activity”) at least once in every 24 month period. After 24 months from the date of the last Hero Point Activity, we may cancel any Hero Points that remain unused in both the Customers, Partners and User accounts. In the event that you terminate your account, we may cancel any Hero Points that remain unused.
PUBLICITY AND PERSONAL INFORMATION
8.1 The personal information supplied by entrants when making a submission to enter our “Employment Hero Transformation Awards” will be used by us in accordance with our Privacy Policy. You should always read our Privacy Policy in addition to these Terms. All entrants may have their details removed from our database by contacting us at info@employmenthero.com, or via the unsubscribe messages in emails sent by us. If details are removed prior to the conclusion of the “Employment Hero Transformation Awards” and/or award of prize(s), entrants will forfeit their right to claim any prizes.
8.2 If you are required to submit a third party’s personal information to enter or participate in a “Employment Hero Transformation Awards”, you must ensure that the person whose details you submit has given their written and signed consent for you to provide us with their details.
8.3 It is a condition of Submission to all our “Employment Hero Transformation Awards” entrants that we have the right to publish and/or broadcast the company name, first name, home town, character, likeness and voices and details or information provided in the Submissions of “Employment Hero Transformation Awards” entrants and prize winners.
8.4 Entrants, particularly prize winners, may be required to participate in photo, recording, video and/or filming session(s) (Publicity Materials). You agree that we shall have the right to use all the resulting Publicity Materials in any media and in any manner we see fit, unless you advise us at the time of entering the “Employment Hero Transformation Awards” that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in all or certain parts of the “Employment Hero Transformation Awards”. This includes providing these materials to our third party prize providers for the purposes of promoting their association with the “Employment Hero Transformation Awards” and awarding the relevant prizes.
8.5 Employment Hero collects your personal information and the information in your Submission in connection with the “Employment Hero Transformation Awards”. We may, for the purpose of conducting the “Employment Hero Transformation Awards”, disclose such information to third parties, including all judges of the “Employment Hero Transformation Awards” agents, contractors, service providers, suppliers and, as required, to regulatory agencies. Submissions to enter the “Employment Hero Transformation Awards” are conditional on providing this information.
8.6 No fees shall be payable to any entrant in relation to the use of Publicity Materials.
8.7 Personal information Employment Hero collects in connection with the “Employment Hero Transformation Awards” is managed in accordance with its Privacy Policy.
8.8 Information provided in Submissions for Award Categories which is not personal information, is not considered to be confidential information.
COMPANY LOGO
9.1 If an entrant provides a company logo and/or any other branding materials (Branding) with their Submission, the entrant agrees:
a) that the person making the Submission either owns the company or works for the company whose Branding is being supplied and/or they have prior consent from the company to provide it as part of their Submission;
b) to grant to us a non-exclusive, irrevocable, perpetual, worldwide and royalty-free right to use, publish, broadcast, distribute and communicate to the public all or any of the Branding in any media without restriction or limitation throughout the world and not only for the purposes of the “Employment Hero Transformation Awards”;
c) not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Branding; and
d) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Branding.
INTELLECTUAL PROPERTY
10.1 By entering the “Employment Hero Transformation Awards”, all entrants:
a) assign all rights to us (including present and future copyright) in any Publicity Materials, including in any contributions made by the entrant to the creation of any Publicity Materials, in all media (including, without limitation, the internet), and whether in existence now or created in the future;
b) grant to us a non-exclusive, irrevocable, perpetual, worldwide and royalty-free right to use, reproduce, modify, publish, broadcast and distribute information in the Submission for purposes of promoting any association with the “Employment Hero Transformation Awards”, creating and presenting any Publicity Materials, carrying out marketing activities, and for our commercial purposes of advertising and promoting our products and services in any and all forms of media and in any manner we may choose;
c) agree not to assert any moral rights in respect of their contribution to the creation of any Publicity Materials (wherever and whenever such rights are recognised) against Employment Hero, its assigns, licensees and successors in title;
d) undertake to us that their Submission and any content or material provided in the Submission is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same; and
e) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
10.2. For the avoidance of doubt, all rights in the name and title of the “Employment Hero Transformation Awards” and the format rights for the “Employment Hero Transformation Awards” are our sole property and we may exploit the same at our absolute discretion.
TAMPERING AND OTHER MATTERS
11. If for any reason any “Employment Hero Transformation Awards” is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a “Employment Hero Transformation Awards”, we reserve the right to cancel, terminate, modify or suspend the “Employment Hero Transformation Awards” and/or any draw/s or judging related to the “Employment Hero Transformation Awards” and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
TERMINATION OF “EMPLOYMENT HERO TRANSFORMATION AWARDS”
12. Employment Hero may vary the terms of, or terminate, the “Employment Hero Transformation Awards” at any time at its absolute discretion. Termination or variation of “Employment Hero Transformation Awards” is without liability to any entrant or other person. Employment Hero will not award the prize if the “Employment Hero Transformation Awards” is terminated.
DECISIONS FINAL
13.1 All our decisions relating to the “Employment Hero Transformation Awards” and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
13.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us.
13.3 Where “Employment Hero Transformation Awards” involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
NO WAIVER
14. A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
EXCLUSION OF LIABILITY
15.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
15.2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any “Employment Hero Transformation Awards” howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this clause shall also apply in respect of any prize provided by a third party provider.
15.3. Employment Hero (including its officers, employees and agents) excludes all liability (including negligence), whether direct, indirect, special or consequential, for any loss or damage arising in in connection with “Employment Hero Transformation Awards”, including any:
a) theft, unauthorised access or third party interference;
b) entries that are late, lost, altered, damaged or misdirected (whether or not after EH receipts it) due to any reason beyond EH’s reasonable control;
c) variation in Prize value to that stated in these Terms; and
d) tax liability incurred by any prize winner.
15.4 In the event that any provision of these Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
LAWS
16. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia.
