Competition Terms and Conditions

Competition Schedule

PART A

1. Competition Name: Spendi Draws

2. Promoter:

Spendi Pty Ltd (ACN 671 630 050, ABN 45 671 630 050) (Promoter) of Level 23, 727 Collins St, Docklands 3008 (Head Office). Contact details available at: www.spendi.com.au

3. Background:

(a) The Promoter provides a financial tracking and shopping (App) that allows users of the App (User) to track their personal income and expenditure giving them more control over their finances. The Promoter also has partnerships with brands (Partners) and refers its Members to shop with its Partners.

(b) Signing up as a member to the App (Member), whether paid or free (Membership) gives the Member access to specific features of the App (Features) depending on the level of Membership (Membership Level). The Membership Levels and the associated Features included are set online at www.spendi.com.au/membership-features. The Promoter reserves the right to alter the Membership Levels, pricing and access to Features from time to time, as set out on the App.

(c) Members can link their bank account or credit card account to the App (Linked Account) to track their finances.

(d) The Promoter will pay the Member’s winnings, if any, into their selected Linked Account (Nominated Winnings Account).

i. Entry Requirements:

4.1 General Requirements

At all times during the Promotion Period, entrants must:

• (e) be at least 18 years of age;
• (f) either:
  • reside in Australia;
  • have a valid working visa in Australia; or
  • be on holiday in Australia and have a valid holiday visa in Australia;
• (g) have at least one Linked Account;
• (h) have a Nominated Winnings Account;
• (i) have a Membership; and
• (j) make at least one transaction with any Linked Account on the day of the draw.

4.2 Paid Members

Purchase of a Spendi Membership will automatically enter all the User’s transactions that the User has posted in the App on that day into the Daily Draw for that day and the Major Draw.

Paid Members will receive additional entries when they buy a product/service with the Promoter’s Partners when clicking through to their Partner’s website, or as set out and explained on the App.

4.3 Free Members

Free Members will receive entries when they buy a product/service with the Promoter’s Partners when clicking through to their Partner’s website, or as set out and explained on the App.

4.4 Additional Entries

The Promoter reserves the right to offer additional entries and multipliers of the Cash Prize upon either purchase of additional services or features on the App, or by other means as set out on the App.

4. Maximum entries:

10,000 per person.

5. Number of winners:

There will be a maximum number of 500 Winners per draw.

6. Location:

Australia-wide (excluding South Australia).

7. Promotion Period, Prize Dates and Selection of Winners:

Competition commences at 12:00am AEST, Sunday 1 November 2024, and ends at 11:59pm AEST on 31 October 2025 (Promotion Period). Multiple draws will occur under this trade promotion on a daily basis (Daily Draws). In addition, there will be a major draw for the Major Prize (Major Draw). All draws will be automatically drawn online and through a random generator on the Promoter’s App. For the purposes of ACT, the draw location is the Head Office.

(a) The Daily Draw will occur at 8:00pm each Monday to Friday of the Promotion Period in relation to the most recently completed Syncing Period’s transactions (Daily Draw Period).

(b) The Major Draw will occur at 8:00pm each Sunday during the Promotion Period (Major Draw Period).

(c) The final draw will occur at 8:00pm on 31st October 2025.

8. Prizes:

(a) Daily Prize: The Daily Prize will be awarded in relation to the Daily Draws. Free membership winners of the Daily Prize will win 100% and paid membership winners will win 200% of the value of their winning transaction ( Prize Value ) in cash ( Cash Prize ) up to the Maximum Daily Prize Pool and subject to the Maximum Transaction Value. The amount of the Cash Prize will not exceed the Maximum Daily Prize Pool and will be payable provided that the Promoter has reached the stated number of paid memberships ( Membership Numbers ) in item 10 below. For the avoidance of doubt, Members may win the Cash Prize in relation to more than one transaction in any given draw if more than one of their transactions is drawn. Winners are drawn by the App selecting random transactions that were transacted during the relevant Daily Draw Period across all Linked Accounts of eligible Members. The winning transaction selected by the App will entitle the Member to receive a payment equivalent to the Prize Value up to the maximum amount of the Daily Prize Pool. If the Prize Value is less than the Daily Prize Pool and there is money left in the Daily Prize Pool for the Daily Draw then the App will continue to select winning transactions until the Daily Prize Pool is exhausted. When the last Winner is drawn, if the Prize Value exceeds the remaining value of the Daily Prize Pool then the winner will be awarded a prize to the value of the remaining value of the Daily Prize Pool and not the Prize Value. If the Daily Prize Pool cannot be completely exhausted for the day based on the value of the transactions in the draw, the final Winner for that day will receive an additional cash prize of the remaining Daily Prize Pool for that day.

Maximum Transaction Value: A maximum transaction value of $10,000 applies. For example, if a $15,000 transaction is randomly selected as the winning transaction for the Daily Prize, the maximum amount that will be awarded to the winner will be $10,000 (subject to these Terms and Conditions).

(b) Major Prize: In addition to paragraph (a) above, all paid members transactions will be entered into the Major Draw, and provided that the App has met its Membership Numbers, one winner will win the major draw prize value in accordance with the Membership Numbers as set out in Part A Item 10.

(c) Prize Pool: For the purposes of this Competition, the total prize pool is estimated to be no more than $20,050,000. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner.

9. Membership Numbers

(a) Daily Prize: The Minimum Prize Pool will be paid out in accordance with www.spendi.com.au/draw-limits.

(b) Major Prize: The prize value will be paid out in accordance as attached and also set out at www.spendi.com.au/draw-limits.

10. Publication of Winners:

Winners will be personally notified by email by 9:00pm on the applicable draw date. Winners will also be announced on the App by 11:59pm on the applicable draw date.

11. Winner eligibility:

To be eligible to win, the Entrant’s details provided to us must contain correct and accurate information.

12. Prize Delivery:

The Prizes will be delivered to the Winner by bank transfer to their nominated bank account or payment to their nominated card.

Part B

1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and the Promoter governing this Competition.

Participation

2. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirements.

3. Entry is open to residents of the Territories.

4. The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.

Selection of Winner

5. The Winner will be selected by random draw, on the dates and at the location outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.

6. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.

7. If for any reason, a prize is unclaimed by the Winner within 3 months of each draw date despite reasonable steps by the Promoter to contact the Winner:

a. In relation to a Daily Prize, the Prize Value of the relevant transaction will be added to the following Daily Draw Pool and redrawn the next day by the App at 8:00pm; and

In relation to a Major Prize, the prize will be redrawn two weeks after the relevant draw date by the app at 8:00pm.

8. All redraws will be automatically drawn online and through a random generator on the Promoter’s App. For the purposes of ACT, the draw location is the Head Office.

9. The Winner of any re-drawn prize will be personally notified by email by 9:00pm on the applicable redraw date and announced on the App by 11:59pm on the applicable redraw date.

10. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the Promoter will not be in any way liable to an Entrant, should the Entrant be found to be ineligible to win the Competition.

Prizes

11. Prizes are provided on an “as is” basis and the Promoter will not make any modifications to the Prizes at the Winner’s request.

12. The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.

13. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize and it will not be re-drawn.

14. The Promoter will not be liable for re-drawing or providing a replacement prize for any Prizes that are not received by the Winner due to being lost in transit, stolen or due to any failure to accept delivery by the Winner or due to any error in details provided by the Winner.

15. The Prizes may contain goods or services from 3rd party brands. Unless otherwise specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content, policies, practices or services offered by those parties.

16. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a condition of entry, the Winner agrees that its details may be provided to the 3rd party prize supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.

Personal Information

17. As a condition of entering this Competition, Entrants agree to provide personal information to the Promoter. Personal information collected during the course of this Competition will be dealt with in accordance with the Promoter’s Privacy Policy, located at www.spendi.com.au/privacy-policy. Personal information submitted may be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers. The Promoter may also use this personal information to contact you regarding marketing, offers, or Promotions from time to time.

18. As a condition of entry, each Entrant agrees that the Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.

Intellectual Property

19. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.

20. The Entrant warrants and represents that:

(a) it holds all the intellectual property rights to the Entrant Content;

(b) it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and

(c) the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.

21. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.

Reservation of Rights

22. The Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.

23. The Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, 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 the Competition.

24. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:

(a) breached any of these terms and conditions;

(b) tampered with the entry process or the Competition;

(c) engaged in any unlawful conduct;

(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of the Promoter.

Exclusion of Liability

25. The Promoter will not be liable for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, the Promoter will not accept any liability for any error, omission or failure to administer this Competition.

26. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify and hold harmless the Promoter (including its officers, employees, agents and contractors), from and against, all liability (including negligence), actions, claims, costs, losses or expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and participation in the Competition, including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

27. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) 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 Competition, including, but not limited to, where arising out of the following:

(a) inaccurate or incorrect transcription of entry information;

(b) any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control);

(c) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;

(d) any theft, unauthorised access or third party interference;

(e) electronic or human error which may occur in the administration of the Competition;

(f) any variation in prize value as stated in the Schedule;

(g) any tax liability incurred by a Winner or Entrant;

(h) redemption or use of a prize; and

(i) any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or

(j) services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner.

14. To the maximum extent permitted by law, the Promoter’s total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.

General

28. These terms and conditions are governed by and will be construed under the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria and its appellate courts.

29. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

30. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.

31. Authorised under the following licence numbers:
NSW TP/03167, ACT TP TP/00031.2.