Indicate, in 25 words or less What colour best describes you and why?
Provide their Instagram handle when prompted; and Submit the fully completed online entry form. 4. Entry is only open to individuals aged 18 or over who are Australian residents with an active Instagram account that is not set to private. For the avoidance of doubt, entrants’ profiles must be on public display and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for entry. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 5. Only one (1) entry is permitted per person during the Promotional Period. 6. There will be a maximum of one (1) prize to be won during the Promotional Period. 7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, instagram account, 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 Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions will 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 8. Incomplete, indecipherable or illegible entries will be deemed invalid. 9. 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. 10. The judging will take place at Active Edge, Level 1, 286 West St, Umina Beach NSW 2257 at 12:00pm AEST on 1 March 2018. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. 11. The Promoter’s decision is final and no correspondence will be entered into. 12. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on creative merit. 13. The best valid entry, as determined by the judges, will win a trip for two (2) adults to the 2018 The Color RunTM event in Paris valued at up to AUD$10,000 depending on point of departure. Prize includes: Return economy class airfares for two (2) adults to Paris; Four (4) nights’ accommodation (one (1) twin-share room) at a minimum three-star hotel in Paris; Two (2) tickets to the 2018 The Color RunTM event in Paris scheduled to take place between 1 April 2018 and 31 May 2018; and An AUD$3,000 prepaid Visa card (for the winner only). 14. The prize winner will be notified by phone and email by a representative of the Promoter within two (2) business days of the winner selection, and their name will be published online at http://www.subaru.com.au/active/competition-winners from 1 March 2018. If the prize has not been claimed by the winner by 5pm AEDST on 12 March 2018, the prize will be awarded to the next-best valid entry as indicated in clause 10 (Alternative Winner). The Alternative Winner will be notified by phone and email by a representative of the Promoter within two (2) business days of the winner selection, and their name will be published online at http://www.subaru.com.au/active/competition-winners from 12 March 2018. An Alternative Winner has seven (7) days from the day of notification in which to claim their prize or another Alternative Winner will be selected. If an Alternative Winner is not identified before 2 April 2018, the Promoter may in its absolute discretion retain the prize. 15. Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. 16. It is the sole responsibility of the winner and their travel companion to ensure that they have a valid passport and visa for travel to Paris. 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. 17. Prize must be taken to coincide with the 2018 The Color RunTM event in Paris and is subject to booking and flight availability. The winner and their travel companion must be available to travel to Paris between the dates of 1 April to 31 May 2018. Selection of airline, departure and arrival destination and flight times is at The Promoter’s discretion upon time of booking. All additional costs incurred whereby the winner wishes to make variations to the travel are the winner’s responsibility and must be booked separately by the winner. 18. Total prize pool value is up to AUD$10,000. 19. The prize, or an unused portion of the prize is not transferable or exchangeable and cannot be taken as cash, unless specified otherwise. 20. If the prize (or part of the prize) 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. 21. In the event that the winner does not take the prize during the time stipulated by the Promoter in Paragraph 12, then that prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. 22. The winner of the prize is responsible for assessing their ability to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release form determined by the Promoter in its absolute discretion. 23. The 2018 The Color RunTM Paris event ticket element of the 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/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. 24. All entries submitted become the property of the Promoter. 25. Entrants consent to the Promoter using the entrant’s 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied the Promoter. 26. 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 reserve the right, in their sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate. 27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 28. 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 South Australia (“NonExcludable Guarantees”). Except for any liability that cannot by law be excluded, including the NonExcludable 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. 29. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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, 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 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; (e) if the appearance of 2018 The Color RunTM event in Paris is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) use of the prize. 30. The Promoter collects your personal information (PI) for the purposes of assisting with the administration of the promotion and contacting entrants for marketing purposes by phone or email. The Promoter may, for this purpose, disclose such information to third parties, including but not limited to, the Promoter, The Color RunTM , other agents, contractors and prize suppliers. If the Promoter sends personal information out of Australia, they will require that the recipient of the information complies with privacy laws and contractual obligations to maintain the security of the data. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any complaints, requests to access, update or correct information to the Promoter. Use and disclosure of information shared with the Promoter as part of this promotion will be handled in accordance with the Promoter’s Privacy Policy which can be located at: http://www.subaru.com.au/privacy-policy. The Privacy Policy also contains information about 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. 31. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law. 32. The promoter is Subaru (Aust) Pty Ltd (ABN 95 000 312 792) of 4 Burbank Place, Baulkham Hills NSW 2153 (“Promoter”).
