The Road and Beyond Pty Ltd ATF The Road and Beyond Group Unit Trust ABN 43 831 015 128
2/2 Tullamarine Park Road, Tullamarine, VIC 3044
03 8335 9954
Start Date: [EST]04/05/2021]
End Date: [11:59pm] [EST] 25/07/2021]
The Prize will be drawn within [30 days of the End Date], on 01/08/2021] at [2pm] EST.
The Prize is one (1) 2009 Nissan Skyline R35 GT-R RRP $90,000.00 plus GST and $5,000.00 cash.
$95,000.00 plus GST.
NSW Authority Number: [TP/00579]
SA Permit Number: [TP21/]
ACT Permit Number: [TP21/00641]
Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
Eligibility: Entry is open to Australian residents aged sixteen (16) years or over and if the Entrant is under eighteen (18) years they must have the consent of their legal guardian (Entrants). Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoter are not eligible to enter in the Promotion. All entries of Entrants who are under the age of eighteen (18) years and do not have the consent of their legal guardian and who enter the Promotion without disclosing or by attempting to conceal their age will be deemed invalid.
How to enter: To enter and be eligible, Entrants must view the Promotion advertising published on The Road and Beyond Facebook page at https://www.facebook.com/theroadandbeyond.com.au/ (Facebook Page), during the Promotional Period and:
click on a digital image pack advertised on the Facebook Page and follow the link to the relevant product page on the Promoter’s website;
add the product to cart, each product is assigned a number of entries as follows:
Red Digital Pack RRP $25.00 = 1 entry;
Green Digital Pack RRP $100.00 = 8 entries;
Black Digital Pack RRP $200.00 = 20 entries;
Blue Digital Pack RRP $400.00 = 55 entries; and
Gold Digital Pack RRP $600.00 = 120 entries,
complete the Eligible Product purchase; and
correctly complete and submit the online entry form in accordance with the instructions provided on the entry form, including providing all mandatory information that may include, but is not limited to, the Entrant’s full name, residential address, age, date of birth, email address and mobile number.
All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. All entries are final and must be received by the Promoter during the Promotional Period. The Promoter will not be liable for entries which are late, lost, incomplete, incorrect or otherwise not able to be received or processed.
Multiple entries: Entrants must enter the Promotion in their own name. There are no limits on the amount of entries that an Entrant can submit, provided these Terms and Conditions are complied with on each occasion and subject to the availability of the Eligible Products. The Promotion is limited to a maximum of 25,000 entries. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
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 to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Game of chance: As the Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter.
Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Sites).
The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH. The Prize will be awarded in the name of the winning Entrant, in accordance with clauses 13 or 15.
Promotional Period: The Promotion commences on the Start Date and concludes on the End Date as per the Schedule (Promotional Period).
Redemption Period: The redemption period, during which the Prize may be claimed commences on the Draw Date and ends [three (3) months] from the date thereof. If the winning Entrant does not claim the Prize within the Redemption Period, the Prize will be deemed to be forfeited by the Entrant.
Draw and Venue: The draw or selection to determine the winning Entrant for the Promotion, as the case may be, (Draw) will take place at the Promoter’s place of business at 70 Mason Street, Campbellfield2/2 Tullamarine Park Road, Tullamarine, VIC 30443061. The Promotor will conduct the Draw by way of a barrel draw which will be published via a live stream on the Facebook Page.
Winning Entrant: The winning Entrant in the Draw, if any, will be notified by email and/or telephone within forty eight (48) hours of the Prize Draw or Unclaimed Prize Draw.
Unclaimed Prize Draw: If any Prize remains unclaimed in accordance with clause 12, a second draw or selection for the Prize (Unclaimed Prize Draw), will take place on the first business day after the expiry of the Redemption Period at the same time, place and manner as the original Draw, subject to any directions from a regulatory authority. The alternative winning Entrant, if any, will be notified by email and/or telephone within forty eight (48) hours of the Unclaimed Prize Draw.
Unavailable Prize: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.
Motor vehicle: Where a motor vehicle is awarded as a Prize, to be eligible to claim the Prize, the winning Entrant must be capable of obtaining the necessary motor vehicle registration for the Prize in its name, in accordance with the applicable State or Territory legislation in which the Prize is collected. If the winning Entrant is, through any legal incapacity or otherwise, unable to register the Prize in their own name, then the winning Entrant may assign the Prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangement between the winning Entrant and the assignee.
Cash: Where cash is awarded as a Prize, Prizes will be awarded in the form of a bank cheque, via PayPal transfer (fees may apply and are the responsibility of the winning Entrant) or electronic funds transfer to the winning Entrant’s nominated bank account, at the Promoter’s election.
Publicity: The winning Entrant’s full name will be published on the Facebook Page and on the Promoter’s other social media accounts, including but not limited to Twitter and Instagram. By entering the Promotion, the winning Entrant consents to the publication of such information.
Non-Excludable Guarantees: 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Liability: Except for any liability that cannot by law be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
any act or omission of the Entrant;
any breach of these Terms and Conditions by the Entrant;
any Force Majeure;
a matter arising out of clause 25;
the winning Entrant being unable to use any or all aspects of the Prize as a result of clause 18;
any personal injury or loss;
claiming the Prize;
use of the Prize in any way;
any theft of any Prize or unauthorised access or third party interference in the Promotion;
any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
any tax liability incurred by a winning Entrant.
Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant with the Prize (or any part of it), the Promoter may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs, work stoppages, or government sanctioned lock down, COVID-19 (and any variation or mutation of the disease), terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winning Entrant must sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
Personal information: The Promoter collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries including the personal information in them becomes the property of the Promoter.
Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
Delivery: The Promoter will deliver the Prize within [thirty (30) days] of the Draw Date.
Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
Jurisdiction: These Terms and Conditions are governed by the laws of the Victoria and the Commonwealth of Australia. Entrants submit to the courts of Victoria.
Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
Contact Details: as per the Schedule.
Last updated: 13 April 2021[Date]
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