Melbourne Victory - Hyundai Grand Prize Promotion Conditions of Entry

"Melbourne Victory - Hyundai Grand Prize" Promotion Conditions of Entry

  1. The promoter is Transport Accident Commission (ABN 22 033 947 623) of 60 Brougham Street, Geelong, Victoria, 3220 (“Promoter”).
  2. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each Eligible Entrant.

    Eligibility and Entry

  3. Entry is only open to residents of Victoria aged 18 years or over and only open to persons who: (a) have not had their motor vehicle license previously suspended or cancelled in the two years before 20/10/2018, for any reason (Eligible Entrant). Directors, management and employees (and their immediate family) of the Promoter or agencies connected with this promotion are ineligible to enter the Promotion.  Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, partner, 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 1st cousin.
  4. By entering the competition, an Eligible Entrant consents to the Promoter providing the name provided to Melbourne Victory Football Club to VicRoads (or the equivalent regulator in any Australian state or territory) so that VicRoads can verify their age and driving history for the purpose of confirming to the Promoter that the entrant is eligible to enter this promotion.
  5. Promotion commences on 20/10/2018 and ends at 11.59pm AEDST on 02/03/2019 (“Promotional Period”).
  6. To enter, Eligible Entrants must, during the Promotional Period, visit the howsafeisyourcar.com.au and review the safety rating of their car, as well as submitting their Name, Date of Birth, Email Address and Phone Number via the app within Victory Village. All eligible fields must be filled in their entirety for competition entries to be valid.
  7. If shortlisted and contacted by TAC / Melbourne Victory Football Club via email or telephone, Eligible Entrants must provide full name and date of birth
  8. Be available to attend the Melbourne Victory Football Club vs Newcastle Jets match at GMHBA Stadium, Geelong on 02/03/2019
  9. Be physically able to take part in the half time activation at GMHBA Stadium on 02/03/2019. The promoter reserves the right, at any time, to make a judgement on an Entrants physical ability to partake in the promotion and allow / deny participation accordingly.
  10. Entrants must agree to the competition Terms & Conditions in order to successfully enter the competition.
  11. Incomplete or indecipherable entries will be deemed invalid.
  12. An Eligible Entrant can only enter the promotion once.
  13. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of thepromotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  14. 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.

    Draws

  15. The Prize Draw conducted for the entries received during the Promotional Period (“Prize Draw”). Entries close for the Prize Draw at 11.59pm AEDST on the day prior to the Prize Draw. Prize Draw will be conducted at Mango Communications, 7 Electric Street, Cremorne VIC 3121 at 12pm AEDST on the dates specified in the table below. Winners will be notified via telephone from the dates indicated in the table below.
    • Prize Draw 1
    • Draw Time   12.00pm
    • Draw date 13/12/18
    • Publication date 14/12/18
  16. The Promoter may draw additional reserve entries in each draw and record them in order in case an invalid entry or ineligible entrant is drawn.

    Successful Entrants Prizes

  17. There will be one (1) draw conducted from all the entries received during the Promotional Period (Prize Draw). The first two entries drawn will take part in a half time activation at GMHBA Stadium, Geelong on 02/03/2019. Each entrant will win one of the following prizes: Hyundai i30 smart sense or a Melbourne Victory jersey. The prizes are subject to change at the Promoters discretion.
  18. The total value of the Major Prize is $20,000 ex GST
  19. No transport, accommodation or other costs incurred by a winner or their companion to redeem the prize are included.
  20. All and any costs associated with the running and upkeep of the vehicle are the sole responsibility of the winner. These costs include but are not limited to: registration, insurance and road tax.
  21. The delivery date of the vehicle is to the discretion of the Promoter.
  22. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
  23. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

  24. If any prize (or part of anyprize) 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 written directions from a regulatory authority.
  25. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.
  26. All prices stated are in Australian dollars, represent the recommended retail price (“RRP”) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDT) depending on the date. All times are stated using the 24-hour clock.

    General

  27. An Eligible Entrant is responsible for ensuring their familiarity with these Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Conditions of Entry generally.
  28. Information on how to enter, eligibility, draws and the prizes form part of these Conditions of Entry. Participation in this promotion is deemed acceptance of these Conditions of Entry.
  29. The Promoter’s decision is final and no correspondence will be entered into.
  30. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, photos and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

    (a)  they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, 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)  their Content shall not contain viruses or cause injury 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 artistic work of the entrant that does not infringe the rights of any third party;

    (e)  they consent to any use of the Content 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; and

    (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.

    Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  31. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content submitted by the entrant and any photo submitted on the entrant’s behalf by staff) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  32. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a 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 promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter.
  33. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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.
  34. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  35. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter or share repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  36. Nothing in these Conditions of Entry 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 Victoria (“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.
  37. 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) if any game is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (f) use/taking of a prize or attendance/participating at any prize event.
  38. As a condition of accepting a prize, each 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.  In the event a 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 on their behalf.
  39. 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 viewed at http://www.tac.vic.gov.au/privacy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, 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. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.