Terms and conditions

1. This promotion is provided by Trilogy Funds Management Limited
   ABN 59 080 383 679 AFSL 261425, (Trilogy) the responsible entity of the
   Trilogy Monthly Income Trust ARSN 121 846 722.
2. Information on how to qualify for the promotion forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. This promotion does not apply in conjunction with any other promotion and is only open in relation to investments in the Trilogy Monthly Income Trust.
4. The promotion is only open to Australian residents who are aged 18+.
5. The promotion commences on 20 August, 2018 and closes at 5.00pm AEST on 21 September, 2018 if not earlier (“Promotional Period”). Applicants or investors whose investment funds are received after 5.00pm AEST on 21 September, 2018 will not be in any circumstances eligible to participate in this promotion.
6. Trilogy may end the promotion prior to the cessation of the Promotional Period in its absolute discretion. Trilogy’s decision to end the promotion prior to the cessation of the Promotional Period is final and Trilogy will enter into no correspondence.
7. The promotion is not open to Platform Investors.
8. To receive a $150 Red Balloon experience gift card, applicants must be one of the first 150 to invest, and fully fund at least one full investment of $50,000 (or more) in the Trilogy Monthly Income Trust. I.e. a new application for $50,000 (or more) and a new application to top-up existing investments by $50,000 (or more).
9. To participate in the promotion, a single investment or a single top-up must total at least $50,000. Investors will not receive a gift card by applying for multiple investments that equal the value of $50,000.
10. To be eligible for multiple gift cards, applicants must submit separate applications for $50,000 each to a maximum of three (3) cards for any one investor.
11. There is no need to claim your gift card. If you meet the criteria as set out within these Terms and conditions, Trilogy will automatically send a gift card by post to the postal address listed on your application form or the investor register (as applicable). Participants may not request their gift card be posted to any other address.
12. Incomplete, indecipherable or illegible applications (in the opinion of Trilogy in its absolute discretion), or those not accompanied by payment in cleared funds on or before 21 September, 2018 will be deemed invalid for participation in the promotion and Trilogy’s decision that an investor or prospective investor is disqualified from participating in the promotion is final and Trilogy will enter into no correspondence.
13. Trilogy reserves the right, at any stage, to verify the validity of investments and investors (including an investor’s identity, age and place of residence) and to disqualify any investor who makes an investment or a request to participate in the promotion that is not in accordance with these Terms and Conditions or who tampers with the investment process relating to the promotion. Errors and omissions in investments may be accepted at Trilogy’s discretion and only as permissible by law. Failure by Trilogy to enforce any of its rights at any stage does not constitute a waiver of those rights.
14. 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 Trilogy, including but not limited to technical difficulties, unauthorized intervention or fraud, Trilogy reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any investor from participation; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
15. No responsibility will be accepted by Trilogy for late, lost or misdirected investments.
16. Despatch of the gift cards will be made no later than 28 days of receipt of the close of Promotional Period.
17. The investor is responsible for ensuring their postal address in the application form or the register of members (as the case requires) is accurate and up to date.
18. Trilogy will not be responsible for any cost associated in locating any lost gift cards.
19. A gift card cannot in any circumstances be replaced by a cash payment.
20. Any costs incurred by the investor associated with posting, faxing or emailing an application for investment or investment top up form, accessing the Internet or making telephone enquiries in relation to this promotion are the sole responsibility of the investor.
21. Except for any liability that cannot by law be excluded, Trilogy (including its related bodies corporate, respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of; (a) any technical difficulties or equipment malfunction (whether or not under Trilogy’s control); (b) any theft, unauthorised access or third party interference; (c) any investment application that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Trilogy) due to any reason beyond the reasonable control of Trilogy; (d) any gift card that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Trilogy) due to any reason beyond the reasonable control of Trilogy; (e) any variation in promotion value to that stated in these Terms and Conditions; (f) any tax liability incurred by an investor; or (g) taking/use of the gift card.
22. Trilogy collects personal information from the application process or investor register of the Trilogy Monthly Income Trust in order to conduct the promotion. In addition to any uses that may be outlined in Trilogy’s Privacy Policy, by investing, each investor then consents to the information they submit, being entered into a database of Trilogy and for this information to be used, for an indefinite period, unless otherwise advised, for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the investor.
23. All personal details of the investor will be stored by Trilogy and are subject to Trilogy’s privacy policy, see www.trilogyfunds.com.au/policy. Trilogy’s Privacy Policy also contains information about how investors may opt out, access, update or correct their personal information, how they may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
24. All recipients of the gift cards are bound by the Red Balloon terms and conditions located at https://help.redballoon.com.au/s/article/Terms-and-Conditions
25. Trilogy reserves the right to vary or replace these Terms and Conditions at any time in its discretion.