“ING DIRECT ECOHOLIDAY ONLINE STATEMENT” PROMOTION HOW TO ENTER To be eligible to enter the Promotion, Savings Maximiser account holders who received or are due to receive a paper based statement before the start of 15/10/2008 must elect to receive their statements online by either visiting ingdirect.com.au, logging into their account and selecting ‘online statements’ on the ‘Statement Option’ page, before the end of 12/11/2008 or calling one of our Direct Associates on 133 464 and electing to receive statements online before the end of 12/11/2008. Account holders who received or are due to receive statements online before the start of 15/10/2008 are not eligible to enter the Promotion. TERMS AND CONDITIONS 1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in the “ING Direct EStatement” promotion (“Promotion”) is deemed acceptance of these Terms and Conditions. 2. The Promotion commences at 12.01am (AEST) on 15/10/2008 and ends at 11.59pm (AEST) on 12/11/2008 (“Promotion Period”) 3. The Promotion is conducted by ING Bank (Australia) Limited (ABN 24 000 893 292) of 140 Sussex Street, Sydney, New South Wales, Australia (“Promoter”). Eligibility 4. . 5. 6. Entry into the Promotion is only open to Australian residents who hold an ING DIRECT Savings Maximiser account at the entry open time for the Promotion, and who have provided a valid tax file number with respect to that account by the entry close time for the Promotion. Entry is not open to directors and employees of the Promoter, and each of their immediate family members (including defacto partners and children of those partners), and the retailers, suppliers, associated companies and associated agencies of the Promoter. To be eligible to claim a prize for a draw, entrants must: (a) from the start of 15/10/2008 throughout to the end of 12/11/2008 have complied with Promoter’s trading terms and conditions applicable to their Savings Maximiser account; and (b) ensure that their Savings Maximiser account is not overdrawn on the draw date for the draw; and (c) continue to maintain the online statement preference at the draw date. Prize draws 7. One draw will take place on the date specified in clause 10.
8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any person who participates in the Promotion not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 9. Multiple entries are not permitted. Only one entry is permitted per account, with that entry lodged when the account holder elects to receive statements online during the Promotion Period. When a winning entry is drawn, that entry is removed and not entered into any subsequent draws. Nonwinning entries of a draw (including any nonwinning reserve entries drawn under clause 10) will be entered into subsequent draws. 10. Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The draw will take place at 15 Grosvenor Street Neutral Bay 2089, Sydney, NSW Australia on 21/11/2008 at 12.00pm. The winner will be notified by phone and mail within 2 business days of the relevant draw date and their name will be published in The Australian newspaper on 27/11/2008. 11. If the prize remains unclaimed a second chance draw will take place on 13/03/09 at the same time and place as the original draw, subject to any law or directions from a regulatory authority. The winner will be notified in writing and their name will be published in The Australian newspaper on 20/03/2009. 12. The first valid, correct and eligible entry drawn will win a holiday to one of the following destinations of the winner’s choice: Prize Choice 1: The “Reef & Rainforest Heritage” Family Experience in Far North Queensland. This Prize Choice includes: Return economy airfares to Cairns, from the winner’s nearest Australian Capital City for 2 adults and 2 children under the age of 12 years, a medium range hire car for 4 days from Cairns return (conditions will apply), two twin share rooms for 4 nights in a 4 star hotel of the Promoter’s choice in Port Douglas, a day cruise the Great Barrier Reef with Quicksilver, a tour into the Daintree Rainforest and two meals in Port Douglas, or Prize Choice 2: The Top End “Real Australia” Experience, Darwin & Kakadu, Northern Territory. This Prize Choice includes: Return economy airfares to Darwin, from the winner’s nearest Australian Capital City for 4 adults, a medium range hire car for 4 days from Darwin return (conditions will apply) with a petrol allowance, 2 nights twin share accommodation in a 4 star hotel in Darwin, including breakfast, of the Promoter’s choice, 2 nights twin share accommodation in the Gagudju Crocodile Holiday Inn in Kakadu, including breakfast, plus a Yellow River Cruise for 4, or Prize Choice 3: The “Swim with a Minke Whale” Experience on the Outer Barrier Reef, Far North Queensland. This Prize Choice includes: Return economy airfares for 2 adults to Cairns, from the winner’s nearest Australian Capital City, transfers to and from Port Douglas, a scheduled 2008 or 2009 Minke Whale Expedition with Undersea Explorer, for 2 people for 6 days from Port Douglas, including twin share onboard accommodation and food, dives for certified divers, interpretive sessions, a refresher course for divers who have not dived in the previous 6 months. Included are the use of two wet suits, flippers and goggles. The Winner and partner will be given snorkelling equipment to use. (Full details of all inclusions, exclusions, advice and conditions regarding the Undersea Explorer section of this Prize choice will be provided to the Winner). This Prize Choice also includes one night’s twin share
2 accommodation in a 4 star hotel of the Promoter’s choice in Port Douglas after the Expedition. Total maximum retail value of each Prize Choice is $A10,000. 13. Flights leave from the prize winner’s nearest Australian capital city. The prize winner(s) and their companions must travel on the same flight. Travel arrangements to and from each prize winner’s capital city airport do not form part of the prize and are the responsibility of the prize winner and their companion. Any alterations to flights that have been confirmed by the prize winner and/or accommodation details will be at the expense of the prize winner and their companion. Itinerary to be determined by Promoter in its absolute discretion. In the event that flights are not available, Promoter reserves the right, where practical, to offer alternative travel arrangements. 14. Unless otherwise stated in these Terms and Conditions, the prize does not include spending money, meals, hotel car parking, other hotel incidentals, ground transportation, taxes not included in the price of the ticket, travel, or related insurance, gratuities, pre and post accommodation, optional activities or excursions, merchandise or any other costs of a related, ancillary or incidental nature. A credit card imprint or cash deposit may be required from the prize winner at checkin to the hotel for all incidental charges. 15. The prize is subject to the standard terms and conditions of individual prize and service providers. Prize must be booked and redeemed by 30 October 2009. 16. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian, who must be an Australian resident, for tax purposes during the financial year the prize is awarded and provide the Promoter with their tax file number or exemption code, as applicable. 17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any law or written directions from a regulatory authority. 18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Subject to clause 11, if for any reason a winner does not take an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited. Liability and indemnity 19. Except for any liability that cannot be excluded by law and any liability to a winner to provide a prize or a substitute under these Terms and Conditions, the Promoter (including its officers, employees and agents) excludes all liability (including in 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 Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’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
3 and Conditions; or (e) use of a prize. Promoter excludes all implied conditions, warranties and terms, expect those that cannot be excluded in law. 20. The Promoter will indemnify the winners for any tax liability prize under section 26AJ of the Income Tax Assessment Act 1936 ("s26AJ Liability"), subject to the Promoter’s receipt of documentation, satisfactory to the Promoter, evidencing any such tax liability that has been incurred as a result of winning a prize. To the extent that any payment made by the Promoter to indemnify the winner for a s26AJ Liability is subject to tax payable by the winner, the amount payable in respect of a s26AJ Liability shall be increased by an additional amount to an increased total amount ("Increased Amount") where the additional amount is equal to the tax payable on the Increased Amount. The Promoter accepts no responsibility for any other tax implications, including but not limited to capital gains tax, that may arise from any prize winnings. Independent financial advice should be sought. Personal information 21. The name and photograph of the winner(s) may be used for promotional purposes by the Promoter, unless a winner otherwise notifies the Promoter at the time of accepting their prize. Eligible entrants consent to the Promoter using their personal information provided in connection with this Promotion for the purposes of facilitating the conduct of the Promotion and awarding any prizes. 22. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. Unless otherwise advised, the Promoter may also use the personal information for promotional, marketing and publicity purposes including sending electronic messages. Entrants should direct any request to access, update or correct information to the Promoter. General 23. The Promoter’s decision is final and no correspondence will be entered into. 24. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 25. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 26. It is a condition of accepting any prize that, if requested by the Promoter, a prize winner must verify by statutory declaration that their winning entry complies with, and they agree to be bound by, these Terms and Conditions. 27. An entrant may at any time request that he or she be withdrawn from the Promotion, and the Promoter must use its reasonable efforts to withdraw the entrant as soon as practicable.
4 28. The agreement created under these Terms and Conditions is subject to the laws of New South Wales, and entrants and the Promoter submit to the nonexclusive jurisdiction of the courts of that State. Authorised under NSW Permit No. LTPS/08/08627, ACT TP 08/03567, Victorian Permit No. 08/3982 & SA Licence No. T08/3720.
5