DHL, the world’s leading Logistics provider and Official Partner of MotoGP™ could be delivering you and a mate the ultimate MotoGP™ experience at the 2017 Australian Motorcycle Grand Prix, Phillip Island.
THE MAJOR PRIZE:
- Return economy flights for two to Melbourne.
- Three nights accommodation at Crown Promenade.
- Tickets to the Pit Roof VIP Village for two.
- (Saturday 21 October and Sunday 22 October)
- Race day hospitality including food and beverages for two.
- Return daily transfers to Philip Island.
To enter the competition, simply tell us in 25 words or less ‘who is your favourite MotoGP™ rider and why?’ The most creative entry wins the trip!
Terms and Conditions for Deliver Me to MotoGP Competition (“Competition”)
ENTRY INSTRUCTIONS
1. This Competition is conducted by DHL Express (Australia) Pty Ltd (ABN 62 001 112 929) of Level 5, 15 Bourke Road, Mascot, NSW 2020, Australia (“Promoter“).
2. The Competition will be open from 2:00PM AEST Friday 22 September 2017 and final entries will close 11:59PM AEST Tuesday 10th October 2017 (“Promotion Period“). The Promoter reserves the right to alter the Competition and/or the Promotion Period for any reason and without notice.
3. Entry into the Competition constitutes acceptance of these Terms and Conditions. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
4. Entry is open to all Australian residents (“Eligible Entrant”):
a) aged 18 years or older as at time of entry; or
b) who are under the age of 18 and who have consent to enter the Competition from their parent(s) or legal guardian(s).
Please note that all employees (including those in management positions) and contractors of the Promoter, all agencies, firms and/or companies associated with the Competition (including suppliers of prizes) and their immediate families are ineligible to enter the Competition. Immediate family includes, but is not limited to, any of the following: spouse, ex-spouse, de-facto spouse, child and/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.
ELIGIBLE ENTRY
5. In addition to being an Eligible Entrant, an entrant must fill out the entry form on www.dhlmotogp2017.com.au and answer the question in 25 words or less ‘who is your favourite MotoGP™ rider and why?’ (“Eligible Entry”)
6. By submitting an Eligible Entry, Eligible Entrants acknowledge and agree that the Eligible Entry may be published by the Promoter on the Promoter’s website (www.dhl.com.au) and/or an online/social media channel (including, but not limited to, Facebook, Instagram or LinkedIn) related to the Promoter.
7. Eligible Entries must not contain any material determined by the Promoter, in its absolute discretion, to be obscene, offensive and/or inappropriate. The Promoter reserves the right, at any time, to accept or refuse any entry and/or remove any entry from display that it deems, in its absolute discretion, to be obscene, offensive and/or inappropriate, and/or infringing upon the rights of any third party.
8. Eligible Entrants agree that they are fully responsible for any materials they submit via the Competition (“Content”) including, but not limited to, comments. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Eligible Entrants warrant and agree that:
a) they will not submit any Content which:
a. is unlawful and/or fraudulent; or
b. in breach of any intellectual property, privacy, publicity or other rights; or
c. the Promoter may deem to be, in its absolute discretion,
i. defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b) the Content shall not contain viruses, or cause injury and/or harm to any person or entity;
c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d) the Content is the original work of the Eligible Entrant that does not infringe the rights of any third party;
e) they consent to any use of the Content including use which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights;
f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems; and
g) without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the warranties contained in this clause 8.
9. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
10. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of the terms and conditions contained herein, tampered with the entry process, and/or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at the Promoter’s absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter reserves its legal rights to recover damages and/or other compensation for any breach of the Terms and Conditions contained herein.
11. Incomplete or indecipherable entries will be deemed invalid.
JUDGING
12. The judging will take place at the Promoter’s office at Level 5, 15 Bourke Road, Mascot, NSW 2020, Australia. Judging will be conducted by a representative of the Promoter (“Judge”). The Judge may select additional reserve entries, which they determine to be the next best, and record them in order in case of an invalid or ineligible entry.
THE WINNER
13. This is a game of skill and chance plays no part in determining the winner. Each Eligible Entry will enter the draw to win the Competition and entries will be judged based on the following criteri
(a) Creativity;
(b) Passion; and
(c) Originality.
MAJOR PRIZE
14. The winner, as determined by the Judge, will win the major prize valued at up to AU$8000 depending on the winner’s location of departure (“Major Prize”). The Major Prize is a trip for two (2) persons to attend the 2017 MotoGP held at Phillip Island. The Major Prize includes:
(a) two (2) x return economy airfares from the winner’s nearest capital city to Melbourne;
(b) transfers to and from Phillip Island (direct from a nominated pick up point in Melbourne);
(c) three (3) nights’ accommodation (20th October 2017 – 23rd October 2017) at Crown Promenade;
(d) two (2) x tickets to Phillip Island MotoGP race on the 21st October 2017 and 22nd October 2017 (“the Event”); and
(e) transfers to and from Melbourne City to Phillip Island MotoGP race on the 21st October 2017 and 22nd October 2017.
15. If the Major Prize is not claimed by Wednesday 11 October 2017, the winner will forfeit their right to the Major Prize and the Major Prize will be distributed at the Promoter’s absolute discretion.
16. Additional allowances, additional spending money, meals, taxes (excluding airline and airport taxes), additional insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in room charges and all other ancillary costs are not included in the Major Prize.
17. Major Prize must be taken from 20th October 2017 to 22nd October 2017, with flights departing from the winner’s nearest capital city on 20th October 2017 and is subject to booking and flight availability. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. The Major Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to, and agrees to, present their credit card at time of accommodation check in.
18. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition, or suspend or modify a prize including the Major Prize.
19. The Moto GP VIP Rooftop Village ticket element of the Major Prize is subject to the event venue and ticket terms and conditions, including any applicable age restriction. 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 Major Prize.
20. Total prize pool value is up to AU$8000.
21. The prizes (including any unused portion of the Major Prize) are not transferable or exchangeable and not redeemable for cash, unless otherwise specified by the Promoter.
22. The Promoter does not guarantee the quality of the prizes.
23. The Judge and the Promoter’s decisions, including any decisions as to prize distribution, are final and the Promoter will not enter into any correspondence regarding the result or otherwise.
24. As a condition of accepting the Major Prize, the winner and their companion may be required to 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. In the event the winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause 24 on their behalf.
25. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
26. The Promoter shall not be liable for any part of the prizes that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the winner.
27. The Promoter accepts no responsibility for any variation in the value of the prizes.
28. If any prize (or part of the prize) is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the prizes (or that part of the prizes) with a prize of equal or greater monetary value/specification.
29. If, for any reason the winners do not claim/take/redeem the prizes (or any element of the prize) at or by the time stipulated by the Promoter, then the winner will forfeit the prize (or that element of the prize) and the Promoter is not obliged to substitute the prize with another prize or anything else.
30. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter and not at the time of transmission. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
31. The Judge and Promoter’s decision is final and binding and no correspondence will be entered into. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
32. If, for any reason, the Competition is interfered with in any way or is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the reasonable control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.
33. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
34. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions of entry. In the event there is a dispute concerning the conduct of the Competition, the decision of the Promoter is final and binding on each Eligible Entrant and no correspondence will be entered into.
35. The personal information of Eligible Entrants will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its winner, and if Eligible Entrant consents, may be used to market its product to the Eligible Entrant. The personal information of the winner may be provided to others assisting in the conduct of the Competition, including but not limited to the Competition administrator, prize suppliers and deliverers. The Promoter will use and handle personal information as set out in its Privacy Statement. The Promoter’s Privacy Statement is available at http://www.dhl.com.au/en/legal.html#. Persons may contact the Promoter at Privacy_express@dhl.com.au, as if they were a customer of the Promoter. The Eligible Entrant agrees that the Promoter can continue to contact them even after this Competition ends.
36. By entering into the Competition, the Eligible Entrant acknowledges and agrees that:
(a) they may be contacted by the Promoter to provide comments about the Competition and the Promoter (or an agent of the Promoter) may take photos and videos of them;
(b) the Promoter may use such comments, or any part of the Eligible Entry, including the Eligible Entrant’s name (the “Materials“) for the Promoter’s future promotional and marketing purposes without further reference or compensation to them;
(c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
(d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
(e) they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth) and present any future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights“); they waive all Moral Rights in the Materials that arise outside Australia; and they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
37. 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 Australian Securities and Investments Commission Act 2001 or similar consumer protection laws in the States and Territories of Australia and New Zealand (“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 Competition or personal injury suffered or sustained in connection with this Competition.
38. 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;
39. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prizes.
40. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
41. Any cost associated with accessing a website or online portal, for the purposes of this Competition, is the Eligible Entrant’s responsibility and is dependent on the internet service provider used.
New Zealand
United Kingdom
