Maybuy Exchange Terms & Conditions ("Conditions of Claim”)

Promotion: Maybuy Exchange

Promoter:

Up, a brand of Bendigo and Adelaide Bank Limited ABN 11 068 049 178 AFSL/Australian Credit Licence 237879, The Bendigo Centre - 22 Bath Lane, Bendigo, VIC 3550, Australia. Ph: 1300 236 344.

Promotional Period:

Start Date: 03/08/22 at 11:00 am AEST
End Date: 07/08/22 at 04:00 pm AEST

Eligible entrants:

Claims are only open to Victorian residents who are 16 years and over and an existing Up account holder. Must have at least $1 in their Up account if they choose the cash back offer option.

Claimants under the age of 18 must have parent or legal guardian approval to claim.

How to Enter:

To claim the offer, the claimant must complete the following steps between 11am to 4pm on any day during the Promotional Period:

  • visit the Up promotional pop-up store (located at 226 Swanston Street, Melbourne) and present any item they own that they have recently ‘regretfully purchased’. The item must be valued at least $10 at the time of purchase (the Promoter will make this determination, and the Promoter may refer to similar items as valued on the internet to determine if an item presented meets the minimum value requirement); and
  • either: if they choose the cash back option offer: tap their physical or digital Up card' (2Up cards not eligible) at the merchant terminal (located at the pop-up store) to instantly win a cash back prize. Tapping the card will charge them $1 that will immediately be returned by a cash back transaction (and is purely used to identify that they are an Upsider with an active account). If the $1 transaction does not successfully process the claimant will not instantly win a cash back prize; OR if they choose the Up Bank merchandise offer: show their physical Up card or digital Up card to a store staff member on their device to prove they’re an Upsider.

Only items that would reasonably be provided to a charity op-shop (clothing, book, games, sports equipment, etc.), as determined by promotional staff, may be presented. Item provided must not be in poor condition, excessive in size, perishable or dangerous. The promotional staff member on-site may refuse any item that does not meet these requirements.

If Cash Back Offer Chosen: The claimant will win instantly and the amount they win will be displayed on a digital screen once they have handed over their item and tapped their physical or digital Up card. Only a claimant with an active Up account will be eligible to claim the offer. The cashback will be awarded as an Up Credit and will be provided to the claimant’s Up account. The winner's 'Upname' (their Up username) may be temporarily shown at the time of winning on the digital screen in-store. By participating in this Promotion the claimant agrees to this happening.

Claims permitted:

Only one (1) eligible claim per Up account holder will be accepted.

Offer/Gift/Prize Description

The offer is each claimant will be awarded an amount between $10 and $500 for the item returned in accordance with the claim instructions OR the claimant can elect to swap their ‘regretfully purchased’ item for a piece of Up merchandise ((such as a cap, t-shirt, mug, etc.) valued between $10-$50) rather than receiving the cash back prize. The exact Up merchandise will be distributed by the Promoter on the day, subject to availability.

Further information on Cash Back

Generally, one (1) x $500 cash back will be awarded per day of the Promotion. However, if the volume of persons who attend the Up promotional pop-up store on any particular day is low (as determined by the Promoter), the Promoter may choose not to award a $500 cash back prize for that day, and the $500 cash back will roll over into the next day’s prize pool or another day of the Promotional Period (if the Promoter prefers).

The other cash back prizes available to be won are listed below. The frequency at which each cash back amount will vary per day, with the potential variation in percentage of claimants in any given day receiving the referenced reward amount listed below:

  • $10 - $17= 1% - 99%
  • $18- $22 = 1% - 99%
  • $23 - $27 = 1% - 99%
  • $48- $52 = 1% - 99%

Further Terms and Conditions:

  1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming a gift in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible claims will be accepted during the Promotional Period.
  4. No part of the gift is exchangeable, redeemable for any other gift or transferable, unless otherwise specified in writing by the Promoter.
  5. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
  6. Claimants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the claimant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://up.com.au/privacy. The Promoter's privacy policy contains information about how the claimant may access, update and seek correction of the personal information the Promoter holds about them and how the claimant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants' personal information to third parties including its contractors and agents, gift suppliers and service providers to assist in conducting this Promotion. If the claimant does not provide their personal information as requested, they may be ineligible to enter or claim a gift in the Promotion. Personal information collected from claimants will not be disclosed to any entity located outside of Australia.
  7. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.
  8. It is a condition of accepting the gift that a claimant (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a gift. If a claimant is under the age of 18, a nominated parent or legal guardian of the claimant will be required to sign the legal release on the claimant’s behalf.
  9. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  10. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected claims, or suspend or modify a gift.
  11. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their claim, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a gift. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.
  12. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision will be final.
  13. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  14. The claimant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  15. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.
  16. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

Last modified 1 August 2022.