Mitsubishi Motors Australia Limited – Download a Brochure Promotion (“Conditions of Entry”)
1. Information on how to enter and prizes form part of these Conditions of Entry. Submission of an entry and participation in this promotion is deemed acceptance of these Conditions of Entry.
2. Entry into this promotion is open to all Australian residents. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter.
3. Promotion commences 24 June 2014. Entries for each draw open and close on the dates and times specified in the table below (“Promotional Period”). All draws will take place at JAM, 277 Rundle Street, Adelaide SA 5000 on the dates and times specified in the table below. All times indicated are ACST unless specified otherwise. Non winning entries in each draw will not be automatically entered into subsequent draw(s), however non winning entrants may enter subsequent draws. Winners will be notified by email within 2 days of the draw and the names of winners will be published in The Australian on the dates and times specified in the table below.
||11am ACST 29/09/14
||Due to an editorial error, the name of Draw 1 winner will be published in The Australian on 10 October 2014 (instead of the original scheduled publication date of 9 October 2014)
||11am ACDT 12/01/15
||11am ACDT 30/03/15
||1am ACST 29/06/15
4. To enter, entrants must download an online brochure of a Mitsubishi vehicle from Mitsubishi Motors Australia website located at www.mitsubishi-motors.com.au, “Buy a Mitsubishi” website located at www.buyamitsubshi.com.au or Facebook located at http://www.facebook.com/MitsubishiMotorsAustralia and provide all of the requested details when prompted to do so including the entrant’s correct full name, email address, phone number and postcode.
5. Only one entry permitted per person per draw, however non-winning entrants may enter subsequent draws.
6. If required, an unclaimed prize draw may take place on the dates and times specified in the table below at the same time and place as the original draw, subject to any directions from a regulatory authority. The Winner(s) will be notified by email within 2 days of the draw and their name will be published in The Australian newspaper on the dates and times specified in the table below.
||11am ACDT 12/01/15
||11am ACST 13/07/15
||11am ACST 06/10/15
7. There are four (4) prizes to be won, one (1) prize for each draw. The first valid entry drawn in each draw will receive a 16GB Black & Slate Apple iPad mini with WiFi valued at up to $369.00 (RRP). Total prize pool value is $1,476.00 (RRP).
8. Entry is only open to Australia residents aged 18 years or over.
9. The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age and address) and to disqualify any entrant who : (a) submits an entry that is not in accordance with these Conditions of Entry; or (b) tampers with the entry process (including but not limited to tampering by way of use of automated entry software). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10. Incomplete or indecipherable entries will be deemed invalid. Any incorrect details submitted may render the corresponding entry invalid.
11. If there is a dispute as to the identity of an entrant the entrant will be deemed to be the person in whose name the email address listed on the online entry is held.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. Subject to the unclaimed prize draw clause, if for any reason whatsoever a prize winner does not redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited by the prize winner and cash will not be awarded in lieu.
14. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with an alternative prize to the equal value and/or specification, unless to do so would be prohibited by law and subject to any written directions from a regulatory authority.
15. If for any reason whatsoever beyond the reasonable control of the Promoter, the promotion or any part of the promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) subject to any written directions from a regulatory authority, to suspend, modify, terminate or cancel the promotion.
16. Prizes are not transferable or exchangeable and are not redeemable for cash unless otherwise specified.
17. Entrants and their companion(s) consent to the Promoter using their name, likeness, image and/or voice (incl. photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. Any costs associated with accessing the promotional websites is the entrant’s responsibility and is dependent on the Internet service provider used.
19. 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.
20. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Conditions of Entry would contravene any statute or cause any part of these Conditions of Entry to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these Conditions of Entry all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of this promotion, including, without limitation, the following: (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 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 tax implications; (e) any variation in reward value to that stated in these Conditions of Entry; (f) any tax liability incurred by a successful claimant or entrant and/or (g) a prize or use of a prize.
22. The Promoter is Mitsubishi Motors Australia Limited of 1284 South Road, Clovelly Park, South Australia. ABN 53 007 870 395. Telephone No. 1300 13 12 11
NSW Permit No. LTPS/14/04700; ACT Permit No. TP 14/02060
MITSUBISHI MOTORS TRITON PRE LAUNCH BUNNINGS VOUCHER COMPETITION
Terms and Conditions
By entering the ‘Mitsubishi Motors Triton Pre Launch Bunning voucher competition’ ("Competition"), you agree to the following terms and conditions:
1. STANDARD TERMS
1.1 Information on how to enter forms part of these terms and conditions. Submission of an entry is deemed acceptance of these terms and conditions.
2. PROMOTER’S DETAILS
2.1 The Promoter is Mitsubishi Motors Australia Limited, (ABN: 53 007 870 395 of 1284 South Road, Clovelly Park, SA 5039 Phone 1300 13 12 11) ("Promoter").
3. WHO CAN ENTER?
3.1 Subject to clause 3.2, entry is open to all residents of Australia, aged 18 years or over.
3.2 Employees (and their immediate families) of the Promoter, participating Mitsubishi dealerships and agencies associated with this Competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
4. CONDITIONS OF ENTRY
4.1 The competition commences on 27th March 2015 (20:00 AEST) and concludes on 28th April 2015 (23:59 AEST) (“the Competition Period”).
4.2 Only one entry permitted per person. Any subsequent entries made will be deemed invalid.
4.3 To enter the Competition, entrants must have a valid email address and, during the Competition Period:
a) Log onto the promoter’s website (http://www.mitsubishi-motors.com.au/new-triton) complete the form and tell us in 25 words or less “Where you would go with your mates in your Triton.” ("Submission").
4.4 The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, address and email address) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions, who tampers with the entry process or who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory, unlawful, or otherwise not in keeping with the spirit of the Competition. Failure by the Promoter to enforce any of its 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 entrant are reserved.
4.5 Incomplete and illegible entries or entries containing offensive or defamatory comments, or which infringe third party intellectual property rights, or are otherwise contrary to law, are not eligible to win. The Promoter reserves the right to remove any Submissions in breach of this clause.
4.6 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.
4.7 The entry mechanic is only open to entrants with access to the internet, with a current and functioning email address. It is recommended that entrants check with their individual service provider in this regard.
4.8 This is a game of skill and chance plays no part in the determination of the winners. Each valid entry will be individually judged on the basis of creativity and uniqueness at the promoters sole discretion.
4.9 The time of entry will be the time that the comment is received on the Promoter's website.
4.10 The Promoter, its agents, affiliates or representatives will not be liable for any lost, late or misdirected entries.
4.11 Judging of the entries will commence on 30th April 2015 at Mitsubishi Motors Australia Head Office (1284 South Road, Clovelly Park, SA 5039). The entrant with the best Submission, according to the criteria set out in clause 4.8 will be the winner ("Winner"). The Winner will be notified within 5 working days via an email. The Winner will need to confirm their full name and email address.
4.12 The Promoter’s decision is final and no correspondence will be entered into.
4.13 One prize will be awarded for the Competition.
4.14 If for any reason whatsoever the Winner does not claim the prize or take the prize by 21st May 2015 then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
4.15 The Promoter reserves the right to judge “reserve” entries (in addition to the Winner) and record them in order of priority based on merit. If a prize has not been claimed by 21st May 2015, the prize may be distributed at the Promoter's absolute discretion to the entrant with the next best entry as determined by the Promoter according to the same criteria set out in clause 4.8.
4.16 The Promoter reserves the right to request that the Winner provides proof of identity, proof of residency and/or proof of entry validity in order to claim the prize. Proof considered suitable for verification is at the discretion of the Promoter. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.
5.1 There will be a total of one prize winner who will receive a $500 Bunnings voucher to be spent at any Bunnings store in Australia.
5.2 In the event that the prize becomes unavailable due to circumstances beyond the Promoter’s control, the Promoter reserves the right to provide an alternative prize of equal or greater value as the original prize, subject to any applicable laws.
5.3 Additional options and all ancillary costs are the responsibility of the Winner.
5.4 Prize cannot be transferred, exchanged or redeemed for cash. In the event that the Winner does not take the prize as offered, then the prize will be forfeited and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied.
5.5 The Winner agrees to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The Winner grants the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media world wide and the winners (and their companions) will not be entitled to any fee for such use.
5.6 The Winner agrees that they will not sell or otherwise provide their story and/or photographs to any media or other organisation except the Producer.
5.7 It is a condition of accepting the prize that the Winner will be required to sign a legal release in a form determined by the Promoter and/or the Producer in its absolute discretion.
5.8 The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
5.9 The laws of South Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Australia.
5.10 Each Submission submitted as an entry or part of an entry (“Work”) becomes the property of the Promoter. Work(s) will not be returned to any entrant. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to keep and use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this Competition, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Work submitted is an original literary work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.
6. NO LIABILITY
6.1 Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the Non-Excludable Guarantees, the Promoter and the Producer exclude liability for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law. The Promoters are not responsible for any incorrect or inaccurate information, either caused by the entrant or any of the equipment or programming associated with, or utilised in this Competition, or for any technical error, or combination thereof that may occur in the course of the administration of this Competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite failure, theft or destruction or unauthorised access to, or alteration of, entries.
6.2 If for any reason, this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures 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 disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify and/or suspend the Competition.
6.3 Except for any liability that cannot be excluded by law, the Promoter and the Producer (including their officers, employees and agents) and excludes all liability (including negligence) for any personal injury, loss or damage (including loss or opportunity) whether direct, indirect, special or consequential, arising in any way out of the Competition, including but not limited to, where arising out of the following:
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 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 conditions of entry;
e) any tax liability incurred by the Winner or an entrant;
f) the broadcast of any program relating to the Competition or the publication of any material, including statements made by any compere, staff member, journalist, other entrants or any other person; and/or
g) participation in the prize.