1. Instructions on “How to Enter” and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these terms and conditions of entry.
2. Entry and voting is open to residents of Australia aged 18 years and over. Employees of the Promoter and their immediate families and agencies associated with this promotion are ineligible to enter.
3. 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 who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. Incomplete, indecipherable, or illegible entries will be deemed invalid.
5. The promotion/voting commences on 08 December 2016 at 0:01am (AEDST) and closes on 22 Jan 2017 at 23:59pm (AEDST). The draw will take place at 11.00am (AEDST) on 2 February 2017 at Bauer Trader Media, 73 Atherton Road, Oakleigh, VIC 3166. The winners will be notified in writing and by telephone using the contact details given in their entry. The winners’ names will be published on 3 February 2017 on www.4x4Australia.com.au for 28 days from this date.
6. To enter, individuals must log on to www.4x4Australia.com.au during the promotional period and follow the prompts to the competition/voting page and vote for their favourite vehicle and then complete the entry form including their full name, current email address, daytime telephone number and postcode and submit the entry as instructed.
7. One vote/entry permitted per person during the promotional period. For the removal of doubt, a completed entry must include a vote submitted.
8. The first four (4) valid entries drawn from all valid entries received during the promotional period will be deemed the prize winners and will win:
One (1) x set of MAXTRAX MK11 valued at up to $299.99.
Total prize pool is valued at $1,199.96 (including GST). Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
9. 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.
10. The prize does not include any installation or set-up of any of the products.
11. Products included in prize package (including but not limited to titles, colour, design, sizing, model, finish, style etc) will be determined by the promoter in its complete discretion. All prizes must be taken as offered.
12. The prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in Australia.
13. Prize is subject to the standard terms and conditions of individual prize and service providers.
14. 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.
15. 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.
16. If necessary, an unclaimed prize draw will be held on 3 May 2017 at the same time and place as the original draws in order to distribute any unclaimed. Any winner from this draw will be notified by e-mail using contact details provided in their membership/ survey. The winners name will also be published on 4 May 2017 for 28 days from this date
17. 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.
18. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
19. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize
20. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
21. 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.
22. 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.
23. 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.
25. 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.
Authorised under NSW permit number: LTPS/16/09681
26. Votes are deemed made at the time each Vote is received by the Promoter in its database and not at the time sent by the voter. The Promoter accepts no responsibility for any late, lost or misdirected Votes due to technical disruptions, network congestion or for any other reason.
27. The Promoter reserves the right to keep all voting results confidential. Other than the Vote Results required to maintain the format of the competition, Vote Results will not be made available to the public.
28. In the event that there is a tied result, the Promoter will determine the manner in which the final outcome will be decided and judged.
29. In the event the owner of the car chooses to no longer able to participate in the competition and at any time to exit the competition, voting for this car will cease.
30. The Promoter reserves the right at its sole discretion to invalidate, discount or disqualify any votes (or individual’s 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 4x4 Australia website voting mechanism) and/or the process; or c. That the Promoter believes 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.
31. Please note that access to voting service may be limited on some mobile, tablet and other portable devices. It is the user’s responsibility to check their ability to check the functionality of the voting service on their device prior to voting.
32. The act of voting is free. Any costs associated with accessing 4x4 Australia website, are the responsibility of the person seeking access and reliant on the user’s internet service provider.
33. The use of any automated software or any other mechanical or electronic means that permits the user to automatically vote repeatedly are not valid and will not be accepted, and may at the Promoter’s complete discretion render all votes submitted by that voter invalid.
34. The Promoter reserves the right to amend the Terms at any time throughout the Voting Period.
35. The Promoter reserves the rights at its sole discretion to cancel voting for the competition at any time for any reason and/or invalidate, discount or disqualify any votes (or individuals casting votes) that it or the Promoter considers to be manipulative, unrepresentative, disproportionate, obscene or offensive.
36. 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 the Promoter and will still be subject to the charges and costs outlined in these Terms and Conditions.
37. If for any reason the Voting Services are not capable of running as planned, due to causes including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness, integrity or proper conduct of the Voting Services, the Promoter reserves the right to take any action that may be available to reach a final voting result from any and all legitimate voting data available.