Mercedes-Benz Ladies Day Promotion Terms and Conditions
ELIGIBILITY AND HOW TO ENTER
To be eligible, entrants must:
Mercedes-Benz Ladies Day Promotion Terms and Conditions
ELIGIBILITY AND HOW TO ENTER
To be eligible, entrants must:
be An Australian Resident. aged 18 years or over;
Eligible individuals may enter the promotion by:
Visiting mbladiesday.com.au
Submitting an answer to “Describe why your chosen nominee is your most inspirational female in your life for your chance to experience Mercedes-Benz Ladies Day at the Formula 1® 2018 Rolex Australian Grand Prix” in 25 words or less and indicating that the entrant:
Does, or does not, consent to the “future communications statement” and
agrees to these Terms and Conditions;
The promotion commences at 12:00pm AEDT on 08/03/2018 and ends at 11:59PM AEDT on 15/03/2018
Employees (and their immediate family members) of the Promoter and its related entities, and authorised Mercedes-Benz, smart, Freightliner and FUSO dealerships and agencies associated with this promotion are ineligible to enter. Employees of other automotive manufacturers, importers, distributors or retailers are also ineligible to enter. The term “ immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
Answers submitted must be the entrant’s original work. Entries containing obscene, offensive, defamatory, illegal, infringing, inappropriate and or unsuitable content as determined by the Promoter in its absolute discretion will be deemed invalid.
THE PRIZE
There is one (1) prize available to be won in this promotion, with a total prize valued at up to approximately $5,000 including GST.
The major prize is a double pass to Mercedes-Benz Ladies Day on 22/03/2018 at the Formula 1® 2018 Rolex Australian Grand Prix. Valued at approximately $2,000 including GST.
The major prize is comprised of the following:
Tickets: double pass ticket, for the winner and their guest (two (2) tickets in total), who must both be a minimum of 18 years of age, to attend Mercedes-Benz Ladies Day at the Formula 1® 2018 Rolex Australian Grand Prix, located at the Mercedes-Benz Star Lounge at Albert Park, Victoria on Thursday 22 March 2018. The double pass ticket is valued at approximately AUD $2000 ex GST and includes access to the Mercedes-Benz Star Lounge hospitality suite, including full day catering and beverages.
Accommodation: The winner and their guest will be provided with two nights’ accommodation (21/03/2018–23/03/2018) at The Westin, Melbourne, in a Westin Deluxe Twin Room, including a full continental breakfast valued at up to $2000 including GST (“the Accommodation”). Accommodation is subject to availability at time of booking. The winner and their guest will be required to present their own credit card and identification at the time of accommodation check-in. AUD $200 per day room security hold will be placed on the card which will be released 5 business days after the stay.
Flights (in the event of an interstate winner)
In the event of an interstate winner, the winner will be entitled to return economy class airfares for two adults from the nearest capital city of the winner’s residence to Melbourne, on an airline of the Promoter’s choice valued at up to approximately $1000 including GST. The flights will be arranged for Wednesday 21/03/2018.
The winner and their guest must depart from and return to the same departure and arrival points and travel together. Airfares are subject to availability at time of booking and flights must be confirmed by no later than 5pm AEDT on Monday 19 March 2018.
Prizes must be taken as offered. Prizes, or any unused portion of a prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or prize providers’ other products or services. If a prize (or part of a prize) is unavailable, the Promoter, in its absolute 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 written directions from a regulatory authority.
The Promoter reserves the right to refuse to allow an eligible participant to take part in any or all aspects of the prize if it determines in its absolute discretion, that a participant is not in a legal position or mental or physical condition necessary to be able to safely participate in the taking of the prize.
The itinerary is to be determined by the Promoter in agreement with the winner and their guest but in the event that agreement cannot be reach, the Promoter reserves the right to determine the itinerary for the winner and their guest in the Promoter’s absolute discretion. Frequent flyer/membership points will not form part of the prize.
For an interstate winner and their guest, transfers between Melbourne airport and the Accommodation will be included. Both the winner and their guest must travel together.
In the event of a Victorian winner, the prize will not include transfer to and from the winner’s residence to Accommodation. The winner and their guest must make their own way to the Accommodation. A car park will be provided at the Accommodation if necessary and subject to availability. Transfers to and from the Accommodation to the event will be provided.
For the avoidance of doubt, interstate winners and their guests remain liable for all spending money, additional meals, additional taxes insurance, insurance excess, entry fees, any additional vehicle hire, transport during their stay which is not expressly stated in these terms and conditions (including taxis and public transport), items of a personal nature, hotel room security deposit, in-room charges, excess baggage, in-flight expenses, telecommunications expenses and all other ancillary costs are not included.
The winner and their guest must adhere to the appropriate dress code for the event, which will be communicated to the winner in due course. Failure to adhere to the appropriate dress code may result in refusal of entry to the event. The Promoter will not be liable should this occur.
The Promoter reserves the right to refuse to allow an eligible participant to take part in any or all aspects of the prize if it determines in its absolute discretion, that a participant is not in a legal position or mental or physical condition necessary to be able to safely participate in the taking of the prize.
The Prize is subject to the standard terms, conditions and warranties applicable to each prize and service provider.
HOW AND WHEN THE WINNING ENTRY WILL BE DETERMINED
The best submission to the question “Describe why your chosen nominee is your most inspirational female in your life for your chance to experience Mercedes-Benz Ladies Day at the Formula 1® 2018 Rolex Australian Grand Prix” as determined by the selection panel shall be the winner of the grand prize in the Promoter’s absolute discretion.
For the major prize, the selection panel, consisting of no less than two employees of the Promoter, will consider all valid entries at 3.00pm AEDT on Friday 16/03/2018 at 44 Lexia Place, Mulgrave, Victoria.
The Promoter’s decision is final and the promoter will not enter into correspondence regarding the competition result.
The Winner will be notified via telephone and email. The Winner’s first initial and last name will be published on the Mercedes-Benz Australia Facebook page on Tuesday 20 March 2018.
If an entry is invalid as determined by the Promoter at its absolute discretion, that entry will be discarded and the prize will be awarded to the next valid entry.
If the major prize winner cannot be contacted or does not claim his/her prize within 24 hours of being notified, the winner will be deemed to have forfeited the Prize. In this case, the selection panel will reconvene and determine another prize winner on Monday 19/03/2018 at 3.00pm AEDT at the same location as the original selection was undertaken, subject to any direction from a regulatory authority. Should the second selection process also not be successful, this process will be repeated on Tuesday 20/03/2018.
This promotion is a game of skill only and chance plays no part in determining the winner
The best answer to the question on the entry form, in the Promoter’s absolute discretion, shall be the winner of the grand prize.
The winners will be determined on 16/03/2018 (for grand prize) at 44 Lexia Place, Mulgrave, Victoria 3170
RISK WARNING
Motor racing is a dangerous recreational activity. Participation (including passive participation or attendance) involves a significant risk of harm and other obvious risks (including but not limited to obvious risks such as accidents, collisions, technical and mechanical failures, weather and Track conditions and obstacles) which may materialise and result in property damage, direct and/or indirect loss, personal injury (physical and mental injury) and/or death to the participant, other track users, passengers, instructors, pedestrians, attendees, Event staff and officials and spectators.
ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN.
Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss and participation in the prize is at the entrants’ own risk. Entrants acknowledge that the risks associated with participating in the prize include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property. Entrants acknowledge that participating in the Prize has a degree of danger and, to the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), hereby exclude, release and forever discharge the Australian Grand Prix Corporation (“ AGPC”), the Crown in right of the State of Victoria, the Minister administering the Act, the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l’Automobile, Formula One World Championship Limited, Formula One Marketing Limited, Formula One Hospitality and Event Services Ltd, Formula One Management Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Confederation of Australian Motor Sport Ltd, Parks Victoria, State Sport Centres Trust, APP Corporation Pty Limited, AGPC sponsors and all other persons involved in the organisation, conduct and promotion of the event and prize including officials, marshals, rescue and medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel) (“ Associated Entities”) from all liability for claims, loss, damage, costs or expenses arising from any personal injury or death (whether arising from negligence (but excluding gross negligence) or otherwise), arising from or connected with participation in Recreational Services (as defined below) including the prize (or any element of the prize) and attendance at the event.
To the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), entrants acknowledge that, to the extent to which they participate in the prize in:
a sporting activity or similar leisure time pursuit; or
an activity that:
involves a significant degree of physical exertion or physical risk; and
is undertaken for the purposes of recreation, enjoyment or leisure,
( Recreational Services ), including, without limitation, participation in the prize, the Associated Entities do not make any warranty that the Recreational Services including the prize, will be provided with due care and skill or that any materials provided in connection with the Recreational Services, including the prize, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Terms and Conditions.
NOTE: The change to your rights as set out in this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “ Gross negligence” is defined in the Australian Consumer Law and Fair Trading Regulations 2012.
For the purpose of this condition 28 “ the supplier” will mean and include the Associated Entities.
Without limiting any other release or limitation of liability contained in these Terms and Conditions, the Associated Entities will not be liable for any indirect or consequential loss suffered by any entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the Prize.
Nothing in this condition 28 or these Terms and Conditions generally affects your rights under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law and Fair Trading Act 2012 (Vic) or similar legislation regarding implied conditions and warranties to the extent that such implied conditions and warranties cannot be excluded by law.
GENERAL TERMS AND CONDITIONS
Information on eligibility, how to enter, prize and draw form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions, and the Attendance Conditions to the Event available at grandprix.com.au and displayed at entrances to the Event.
Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event that they are a winner (including photograph, video, and/or audio recording) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
Winners must produce proof of identity, age, driver’s licence and place of residence and may be required to sign a legal release and indemnity in a form determined by the Promoter in its absolute discretion. 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.
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 and to the 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.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (“ Non-Excludable Guarantees”). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) taking or use of all or part of a prize (including without limitation any loss, damage, injury or death resulting from an accident).
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 agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information which will be handled in accordance with the Promoter’s Privacy Policy available at mercedes-benz.com.au. Entrants can request access and correction of their personal information, information on how to do this is included in our privacy policy. If the entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an entrant to the contrary (e.g. through the use of an unsubscribe facility), use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the entrant.
All entries become the property of the Promoter (including any intellectual property in an entry) and will not be returned.
The entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the entrant’s: (a) participation in the promotion; (b) taking or use of all or part of a prize; and (c) any claim by a third party arising from an act or omission by the entrant.
The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
These Terms and Conditions constitute the entire agreement between the entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this promotion is final and no correspondence will be entered into.
The Australian Grand Prix Corporation is not a participant in or sponsor of this promotion.
Neither the Accommodation provider nor the airline selected by the Promoter is a participant in or a sponsor of this promotion
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant releases Facebook from all claims relating to this promotion.
The Promoter is Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) of 44 Lexia Place, Mulgrave, Victoria, 3170. LMCT 6776.
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