STREET MACHINE OF THE YEAR 2016 PROMOTION Terms and Conditions
1. Information on how to enter and the prize forms part of the Terms and Conditions. Entry into the promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to all residents of Australia and New Zealand who are available to travel to Canberra, ACT Australia from 04/01/2017 to
STREET MACHINE OF THE YEAR 2016 PROMOTION Terms and Conditions
1. Information on how to enter and the prize forms part of the Terms and Conditions. Entry into the promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to all residents of Australia and New Zealand who are available to travel to Canberra, ACT Australia from 04/01/2017 to
09/01/2017 Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/ guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees of the Promoter and their immediate families and associated agencies with this promotion are not eligible to enter.
3. The promotion commences on 11/08/2016 and concludes on 1/10/2016 at
23.59 (AEST) (Promotional Period). Each valid entrant who has entered the promotion over the duration of the Promotional Period will be entered into the draw. One (1) valid entrant will be drawn at random to become the winner. The draw will take place at Bauer Trader Media, 73 Atherton Road, Oakleigh, VIC 3166 on 10/10/2016 at 11:00 (AEDST). Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by telephone and via email on 11/10/2016. The winner’s name will be published on www.streetmachine.com.au on 13/10/2016 for 28 days from this date.
4. Entrants must enter during the promotional period by one of the following ways:
a. Log onto www.smoty.com.au and follow the prompts to the competition page and complete the entry form including their vote for their favourite vehicle, full name, full mailing address, telephone number and valid email address and submit the entry as instructed; OR b. Australian entrants only, can send a text/SMS message to 19990001 containing a valid CODE WORD for their favourite vehicle, full name, full mailing address including postcode and a valid day time telephone number (in that order).
Maximum SMS entry cost per message is 55c including GST. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard.. Service provider: TELADS Communications Group. Level 20, Como Tower, 644 Chapel Street, South Yarra, VIC 3141. Entrants under 18 years old must obtain account holder’s consent to enter. Helpline: 1300 650 940.
7. Multiple entries are not permitted for this competition. One (1) entry permitted per entry method in Australia. One (1) web entry only accepted from New Zealand.28. The time of entry will, in each case, be the time the entry is received by the Promoters database and NOT at the time of transmission by the entrant. SMS entries via the Internet are ineligible.
The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
6. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
8. Incomplete, indecipherable or inaudible entries will be deemed invalid.
9. The first (1) valid entry drawn from all valid entries received will be deemed the major prize winner and will receive a trip for two (2) people to Canberra, ACT for the period 04/01/2017 to 09/01/2017 (inclusive), The prize will include:
• Return economy class airfares for two (2) people from the winner’s
nearest Australian capital city to Canberra, ACT (if necessary) valued at up to $3,345.00 (including taxes, depending on point of departure) or, if the winner is from New Zealand, return economy class airfares for two (2) people from Auckland, New Zealand to Canberra, ACT (if necessary) valued at up to $1,789.00 (including taxes, depending on point of departure);
• Return transfers for two (2) people from Canberra Airport to hotel
accommodation in Canberra only valued at up to $154.00
• Five (5) x nights’ accommodation in a standard twin share room in a
minimum of three (3) star hotel for two (2) people valued at up to $940.00
• Two (2) Summernats platinum passes valued at $275.00 each
• Two (2) tickets to Street Machine Industry party valued at $250 each
• $1,000 – awarded in the form of a cheque made in favour of the winner
10. The Total prize pool is valued at up to $5,439 including GST for an Australian winner (depending on point of departure) or $3,883.00 for a New Zealand winner (including taxes depending on point of departure).. Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
In the event the winner live’s within 250km of Canberra, the flight and hotel transfers component of the prize will not be included.
11. Prize must be taken to coincide with the Summernats Festival event (with flights departing on 04/01/2017 and returning on 09/01/2017 and is subject to booking and flight availability). The prize cannot be changed once the flight booking has been made. Prize is a single event holiday and cannot be separated into different holiday vacations. In the event that the winner is unable to redeem the prize on the dates stipulated by the Promoter, and the winner is unable to transfer the prize to a nominated person, then the prize will be forfeited by the winner and neither cash nor another prize will be awarded in lieu of the forfeited prize. In the event that the entire prize is forfeited by the winner, the Promoter will award the prize to the next valid entry drawn.
11. 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 on the winner’s behalf. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
12. The winner (and their companion) must travel at the same time, must depart from, and return to, the same Australian capital city and are responsible for transport from their residence to the airport for flight departure. If the winner is from New Zealand, the winner (and their
companion) must make their own way to the Auckland International Airport, and any domestic travel expenses, accommodation or incidental costs are not include in the prize. These will be the responsibility of any New Zealand winner (and their companion). Frequent flyer points will not form part of the prize.
13. The winner (and their companion) are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers including to and from the event venues (unless specified), laundry charges, activities (unless specified), incidentals, energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
14. Unless expressly stated in these terms and conditions all other expenses (including travel to and from the departure point) become the responsibility of the winner.
15. For New Zealand residents: A valid passport is required for all international journeys. All passports must be valid for six (6) months prior to departure. It the responsibility of the winner and their travel companions to ensure they have all required travel documentation (including but not limited to passports & visas) as required for travel to the destination point. All costs associated with obtaining this travel documentation is the responsibility of the winner.
16. The Two (2) flights must be utilised at the same time, for the same travel dates, to the same destination.
17. The winner may extend their stay on the trip at the winner’s expense.
18. Transport to and from Departure point including but not limited to additional Domestic airfares if required, any additional meals, any extra sightseeing or activities, any additional accommodation, personal spending money, and all other ancillary costs, as well as obtaining any of these, are the responsibility of the winner and their travel companions. Prize also excludes medical expenses, items of a personal nature, beverages, optional tours not outlined, laundry, telephone calls, additional nights, room upgrades or other ancillary costs associated with redeeming the prize other than those specified. These costs and expenses are the responsibility of the winner. Any extension to the duration of the prize is at the winner’s sole expense and subject to availability at the time of booking.
For the removal of doubt, taxes for domestic/international travel are included in the prize winning domestic/international airfares provided by the Promoter.
19. It is a condition of accepting the prize that the winner (and any traveling companion) must comply with all the conditions of use of the prize and prize supplier’s requirements
20. It is a condition of accepting the prize that the winner may be requested to present their credit card upon arrival at any hotel to cover all incidentals they may incur including their stay at that hotel.
21. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. In the event that a portion of the prize is awarded to the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of prize at a venue is subject to the standard rules and regulations of that venue/s.
22. As a condition of accepting the prize, the winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
23. By entering the promotion via SMS an entrant consents to the Promoter using their personal details for the purposes of sending one (1) mobile terminated (MT) reply message which includes a confirmation of your entry in the promotion and to be used to contact the entrant if required for any reason in relation to their competition entry.
25. Prize is subject to the standard terms and conditions of individual prize and service providers.
26. The Summernats Festival and Street Machine Industry party tickets are subject to the event venue and ticket terms and conditions, including any applicable age restriction to certain areas of the event. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
27. The winner and their guest must not engage in any illegal or unsafe behaviour whilst participating in the prize. To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the winner or their guest during participation in the prize.
30. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
32. Should an entrant's contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
33. Subject to any written direction given under regulation, a draw for the prize, if unclaimed, the redraw will take place at the same location of the original draw at 11:00am on 10/11/2016 (AEDST). In the case of a winner, they will be notified in writing and their name will be published on www.streetmachine.com.au on 11/11/2016 for 28 days from the draw.
1. In the event that for any reason whatsoever the Winner does not take the
prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
2. In the event that a prize, or part of a prize, is unavailable, the
Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.
3. The promoter is neither responsible nor liable for any late lost or
misdirected mail (including but not limited to prizes).
4. The Promoter is not responsible nor liable for any prize damaged in
transit in the delivery of their prize
5. Any cost associated with accessing the promotional website is the
entrant’s responsibility and is dependent on the Internet service provider used.
6. In the event of unforeseen circumstances, war, terrorism, state of
emergency or disaster (including but not limited to natural disaster)the
Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
7. If a medical circumstance in some way restricts your ability to enter
the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.
8. If your entry is selected as a winning entry, validation of your
circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.
9. Nothing in these Terms and Conditions limits, excludes or modifies or
purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 promotion.
10. Except for any liability that cannot by law be excluded, including the
Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
11. 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.
Privacy:
12. The Promoter collects personal information (“PI”) in order to conduct
the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http://www.bauer-media.com.au/privacy.htm. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter.
13. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 – 58
Park Street, Sydney, NSW 2000. Phone: 02 9282 8000. Trading as: Bauer Trader Media
45. Authorised under permit numbers: NSW LTPS/16/05812, ACT TP 16/01447, SA
T16/1302
Voting:
1. The Promoter reserves the right to verify the validity of votes and to
disqualify any entrant who tampers with the voting process or who submits a vote that is not in accordance with these Conditions of Entry.
2. The Promoter accepts no responsibility for any votes not received by the
Promoter or delays in the delivery of the votes due to any reason whatsoever. A vote will only be counted as being received once it has been received by the Promoter and not when it was sent. The Promoter accepts no responsibility for late, lost or misdirected votes.
3. Bauer Media accepts no responsibility or liability for any costs
(including but not limited to access costs) incurred or other consequences as a result of a user submitting a Vote outside of the promoted Voting Period as detailed on www.streetmachine.com.au If users cast a vote outside of the eligible Voting Period an appropriate voting closed message will be delivered.
4. Please note that access to www.streetmachine.com.au website Voting
Application may be limited on some mobile, tablet and other portable devices. It is the users responsibility to check their ability to check the functionality of the Application on their device prior to voting.
5. Bauer Media is not responsible for any technical issues that result in
the failure of the functionality described above being properly executed on www.streetmachine.com.au website.
6. Bauer Media reserve the right to keep all Vote Results confidential.
Other than the Vote Results required to (without limitations) be revealed to maintain the format of the competition, meet legal requirements etc. Not all vote Results will not be made available to the public.
7. Bauer Media reserves the right at its sole discretion to invalidate,
discount or disqualify any votes (or individuals casting votes):
(a) That tamper with, or attempt to tamper with, the Voting Service and/or
process; or
(b) Which corrupt or impact, or attempt to corrupt or impact, the
administration security, fairness or integrity or proper conduct of the Voting Service (including a www.streetmachine.com.au website voting
mechanism) and/or the process; or
(c) That Bauer Media believe to be submitted via an automated process,
including but not limited to computer modems, programs, scripts or any other means other than the Vote Service specified in these Terms and Conditions, will be deemed invalid and discounted; or
(d) That Bauer Media considers being manipulative, unrepresentative,
disproportionate, obscene or offensive.
8. Users acknowledge that any votes that are discounted, invalidated, or
disqualified, in accordance with these Terms and Conditions will be done so at the absolute discretion of Bauer Media and will still be subject to the charges and costs outlined in these Terms and Conditions.
9. Bauer Media’s decision in relation to all issues related to voting is
final and binding on all who participate in relation to the Program and no correspondence will be entered into.
10. For the removal of doubt, an invalid entry consisting of a valid vote,
May still be included for voting purposes only.
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