New Zealand
United KingdomWin an AMG Snow Experience in NZ
This giveaway closed on 19 July 2017. See more from Mercedes Benz Australia
Promoter
Mercedes Benz Australia
States
Australia
Mercedes-Benz Australia 2017 AMG Snow Challenge Promotion Terms and Conditions
ELIGIBILITY AND HOW TO ENTER
To be eligible, entrants must:
be an Australian resident aged 25 years or over;
hold a full and valid Australian driver’s licence
Agree to sign the Promoter’s standard Deed of Release and indemnity before taking part in the drive day, a copy of which is available upon request; and
Acknowledge and agree to the Terms and Conditions of the AMG Snow Challenge at Queenstown in New Zealand as included here in Annexure 1 below.
Eligible individuals may enter the promotion by:
visiting amgchallange.com.au
Selecting their favourite AMG era image
Providing a unique and original written response in 25 words or less to the question, “why does this embody the spirit of AMG to you”
together with a properly completed entry form with their full name, email address, postcode and date of birth
and indicating that the entrant:
agrees to these terms and conditions; and
does, or does not consent to the Promoter sending future direct marketing communications to the entrant via email
The promotion commences at 12:00pm AET on 3rd July 2017 and ends at 12:00pm AET on 19 July 2017.
Employees (and their immediate family members) of the Promoter, Mercedes-Benz Financial Services Australia Pty Ltd and authorised Mercedes-Benz, smart, Freightliner and FUSO dealerships and agencies associated with this promotion are ineligible to enter. Employees of other automotive manufacturers, importers, distributors or retailers are also ineligible to enter. The term “immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, 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 first cousin.
Multiple entries are permitted.
Answers submitted must be the entrant’s original work. Entries containing obscene, offensive, defamatory, illegal, infringing, inappropriate and or unsuitable content as determined by the Promoter in its absolute discretion will be deemed invalid.
PRIZE
There is one (1) prize available to be won in this promotion by the winner for themselves and their guest, with a total value of $11,000 including GST (“Prize”).
The Prize is comprised of the following:
Tickets: Double pass ticket, for the winner and their guest, who must both be a minimum of 25 years of age, to the AMG Snow Challenge at Queenstown in New Zealand on Thursday 3 August 2017. The double pass ticket includes a full day drive experience, hospitality (outlined below), accommodation (outlined below) and access to photography and footage.
By entering the promotion, the winner acknowledges and agrees, on their behalf and on the behalf of the guest they may invite to the Prize, to the Terms and Conditions of the AMG Snow Challenge at Queenstown in New Zealand as included in Annexure 1 herein and to sign the Promoter’s standard Deed of Release and Indemnity document prior to partaking in the Prize.
Accommodation: The winner and their guest will be provided with two nights’ accommodation at the St Moritz Hotel, Queenstown. Each individual will have the option of their own room. Room type subject to availability.
Hospitality: The following hospitality and catering will be included:
2x two courses sit down dinner at St Moritz Hotel, Queenstown, including a limited amount of alcoholic beverages;
2x continental breakfast including tea, coffee and juice; and
Buffet sit down lunch including standing beverages (alcoholic beverages not included); and Morning and afternoon tea consisting of a small snack with tea and coffee.
Transport/Transfers: The following transfers are included:
Queenstown Airport to St Moritz Hotel, Queenstown
St Moritz Hotel to the drive day location
Drive day location to St Moritz Hotel, Queenstown
St Moritz Hotel to Queenstown Airport
Flights:
For the winner and their guest there will be return economy flights valued up to $3000 inc. GST from their nearest Australian capital city (Melbourne, Canberra, Sydney, Adelaide, Brisbane, Darwin, Perth) to Queenstown on 2 August 2017 and returning on the morning of 4 August 2017.
The winner and their guest must depart from and return to the same departure and arrival points and travel together. Airfares will be co-ordinated by the Promoter on an airline of the Promoter’s choice. Airfares are subject to availability at the time of booking and must be confirmed no later than 28 July 2017. The itinerary is to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary in its absolute discretion. Frequent flyer/membership points will not form part of the prize.
All spending money, additional meals, additional taxes, insurance, insurance excess, passports, entry fees, transport to and from residence, departure point and arrival points and hotels, transfers (other than those stipulated), vehicle hire, transport (including taxis and public transport), items of a personal nature, in-room charges, excess baggage, in-flight expenses, telecommunications expenses, car parking and all other ancillary costs are not included and must be borne by the winner and/or their guest.
The winner and their guest are solely responsible for ensuring that they have valid passports and obtain any requisite visas, vaccinations and travel documentation. The Promoter strongly recommends that the winner and their guest purchase their own travel insurance.
If a prize (or part of a prize) is unavailable, the Promoter, in its absolute 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.
Prizes must be taken as offered. Prizes, or any unused portion of a prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or prize providers’ other products or services.
The Promoter reserves the right to refuse to allow an eligible participant to take part in any or all aspects of the prize if it determines in its absolute discretion, that a participant is not in a legal position or mental or physical condition necessary to be able to safely participate in the taking of the prize.
Prizes are subject to the standard terms, conditions and warranties applicable to each prize and service provider.
HOW AND WHEN THE WINNING ENTRY WILL BE DETERMINED
The best submission to the question “why does this embody the spirit of AMG” in 25 words or less as determined by the selection panel shall be the winner of the Prize in the Promoter’s absolute discretion.
The selection panel, consisting of no less than 2 employees of the Promoter, will consider all valid entries at 13:00pm on Wednesday 19 July 2017 at 44 Lexia Place, Mulgrave Victoria Australia.
The Promoter’s decision is final and the promoter will not enter into correspondence regarding the competition result.
Winner will be notified via telephone and their name (first initial, last name and state) will be published on the Mercedes-Benz Australia Facebook page on 24 July 2017.
If the Prize winner cannot be contacted or does not claim the Prize within 24 hours of being notified, the winner will be deemed to have forfeited the Prize. In this case, the selection panel will reconvene and determine another prize winner on 25 July 2017 at the same location as the original selection was undertaken, subject to any directions from a regulatory authority. Should the second selection process also not be successful, this process will be repeated on 25 July 2017.
This promotion is a game of skill only and chance plays no part in determining the winner.
GENERAL TERMS AND CONDITIONS
Information on eligibility, how to enter, prize and draw form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
Entrants will consent and will ensure their guests consent to the Promoter using the entrant's name, likeness, image and/or voice in the event that they are a winner (including photograph, video, and/or audio recording) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
Winners and their guest must produce proof of identity, age, driver’s licence and place of residence and may be required to sign a legal release and indemnity in a form determined by the Promoter in its absolute discretion. 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 and/or their guest.
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 and to the 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.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) taking or use of all or part of a prize (including without limitation any loss, damage, injury or death resulting from an accident).
The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information which will be handled in accordance with the Promoter’s Privacy Policy available at mercedes-benz.com.au. Entrants can request access and correction of their personal information by contacting the Promoter in writing.
If the entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an entrant to the contrary (e.g. through the use of an unsubscribe facility), use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the entrant.
All entries become the property of the Promoter (including any intellectual property in an entry) and will not be returned.
The entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the entrant’s: (a) participation in the promotion; (b) taking or use of all or part of a prize; and (c) any claim by a third party arising from an act or omission by the entrant.
The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
These Terms and Conditions constitute the entire agreement between the entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this promotion is final and no correspondence will be entered into.
The Promoter is Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) of 44 Lexia Place, Mulgrave, Victoria, 3170. LMCT 6776.
TERMS AND CONDITIONS OF SALE
AMG Snow at Queenstown
2, 3 and 4 August 2017
Mercedes-Benz Australia/Pacific Pty Ltd (ABN 23 004 411 410) of 44 Lexia Place, Mulgrave, VIC 3170 Australia (“MBAuP”) will hold three AMG Snow Drive Days at the Southern Hemisphere Proving Grounds, Queenstown, New Zealand on 2, 3 and 4 August 2017 (the “Events”, or each an “Event”).
Invitations will be issued to Eligible Applicants and tickets to the Events will be made available for sale and allocated until ticket allocations are exhausted (on a “first in” basis) as follows:
first in time to Australian AMG Club Members or New Zealand AMG Owners during the AMG Club Period;
if there are any remaining tickets, second in time to Mercedes–AMG Owners. MBAuP is not required to make any tickets available to Mercedes-Benz Owners, during the AMG Club Period; and
AMG Club Members or New Zealand AMG Owners may continue to purchase tickets until tickets sold out.
The cost of each ticket is AUD$4,500 inclusive of GST, with lunch and soft drinks provided. This price excludes flights which are at the cost of the purchaser. All purchases must be made in Australian dollars.
MBAuP, in its sole, absolute and unfettered discretion, reserves the right to verify the details of any purchaser of a ticket. MBAuP may cancel any tickets where a ticket purchase has not been made in accordance with these Terms and Conditions and MBAuP will not be liable other than to refund any purchase price paid.
There are 30 tickets per Event. Eligible Applicants may purchase a maximum of one ticket for either themselves or their nominee.
To purchase a ticket for an Event, Eligible Applicants must access the promotional website using information specified in the Invitation, select the Event that the individual wishes to attend, fully and properly complete the registration form and irrevocably pay in full for the ticket either:
online at time of registration by a method permitted by the promotional website; or
if an individual elects to receive an invoice via email or mail, within 7 days of the date of the invoice.
Where an Eligible Applicant does not pay the ticket purchase price within the required period above, the sale of the ticket will be deemed to be cancelled and the ticket will be reallocated to another Eligible Applicant.
Tickets will not be allocated unless and until full and irrevocable payment has been received. Each purchaser acknowledges and agrees that registrations and payments will be processed and collected by MBAuP’s contractor, CiEvents Australia, on behalf of MBAuP and each purchaser consents to the disclosure and use of their personal information to and by CiEvents Australia, its employees and its agents for that purpose.
To receive an Invitation, Eligible Applicants must have opted-in to receive direct marketing communications via email from MBAuP or Mercedes-Benz New Zealand Ltd ("MBNZ") (as applicable). Eligible Applicants may contact MBAuP, MBNZ or the Mercedes-Benz authorised dealership where their vehicle was purchased (as applicable) to update their contact details and communication preferences at any time. Neither MBAuP nor its related bodies corporate (including MBNZ) are liable where an Eligible Applicant fails to receive an Invitation.
Ticket purchases must be for the personal use of the Eligible Applicant and/or their nominee. Tickets are not transferable or exchangeable. MBAuP may refuse to permit a ticket holder to participate in the Event if the ticket holder is not the person registered to attend the Event. Ticket holders must present their Event confirmation letter to gain entry into the Event.
Each ticket holder attending the Event must hold a current and valid full Australian, New Zealand, International Driving Permit and/or overseas driver’s licence (that is not suspended) and provide evidence of this to MBAuP’s representative on location prior to participation in the Event. Probationary and learner drivers and drivers on restricted licences are not permitted to take part in the Event.
The purchase of any ticket and participation in the Event is subject to each ticket holder:
complying with all conditions of entry imposed by the Southern Hemisphere Proving Grounds, track owner or operator (including duly executing any document containing a waiver and/or indemnity in such form as is provided); providing to MBAuP a properly signing and witnessed Deed of Release in the form provided by MBAuP prior to taking part in the Program; and
complying with any reasonable directions of MBAuP.
A copy of the deed of release that each ticket holder will be required to sign is available upon request by emailing amg_club@daimler.com or by phoning Nadine Young (03) 9566 6471. Conditions include, without limitation:
participation in the Event is at the participant's own risk and MBAuP will be released from all liability to the extent permitted by law, including for injury to or death of the participant to the extent permitted by the Competition and Consumer Act 2010;
to indemnify MBAuP against loss or damage caused to MBAuP, other participants or any third party due to acts or omissions of the participant;
to follow the rules, conditions, directions and signs given or shown to participants during the Event;
not to operate, drive or be in charge of any vehicle during the Event whilst under the influence of any intoxicating liquor or any other drug;
to drive safely and not unnecessarily put themselves, any other person or property at risk of damage, death or injury; MBAuP reserves the right terminate or restrict a participant’s participation in the Event if MBAuP considers that the participant may endanger any person or property.
Any and all accommodation, flights, taxes, insurance, passports, visas, transfers to and from the location of the Event, spending money, all other ancillary or related costs and expenses associated with attempting to participate or attending the Event are not included in the ticket price and are the sole responsibility of the ticket holder.
If a ticket holder intends to cancel his or her scheduled attendance at the Event then he or she must inform MBAuP in writing of that intention to amg_club@daimler.com or Nadine Young, Mercedes-Benz Australia/Pacific Pty Ltd, 44 Lexia Place, Mulgrave, 3170, Vic, Australia.
If:
written notice is received by MBAuP of the cancellation at least 2 months prior to the commencement of the Event, MBAuP will provide the ticket holder with a full refund of the ticket price;
written notice is received by MBAuP of the cancellation up to 1 month prior to the commencement of the Event, MBAuP will provide the ticket holder with a 50% refund of the ticket price;
written notice is either not provided by a ticket holder or s/he cancels within 1 month of the Event or fails to attend the Event, no refund will be given except where required by law.
In the case of the intervention of any outside agent or event outside of MBAuP’s control (such as an act of God, strike or other industrial action, war, vandalism or sabotage, adverse weather conditions, actions of the track owner, law or any government action) preventing or delaying MBAuP’s ability to conduct an Event, MBAuP may in its sole and absolute discretion suspend or cancel the Event. MBAuP will inform applicants and/or ticket holders of its decision to suspend or cancel the Event.
Where an Event is suspended or canceled, or cannot be held or completed for any reason whatsoever, MBAuP will in its sole and absolute discretion either refund the unused portion of the ticket purchase price for the affected Event or substitute the affected Event with another AMG drive day event to be held during the following year or at another location, subject to ticket availability. Applicants acknowledge that, to the full extent permitted by law, neither MBAuP nor its related bodies corporate (including MBNZ) will have any other liability of any nature whatsoever to any applicant or ticket holder in respect of MBAuP’s failure to hold the Event, including but not limited to any expenses incurred in obtaining flights and/or accommodation to attend the Event.
By attending the Event, the ticket holder agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the “Festival of AMG” and the Event including, but not limited to, being interviewed, photographed and/or filmed throughout the duration of the Event. Each ticket holder attending the Event agrees and permits their image and/or voice, as recorded, photographed or filmed during the ticket holder’s participation in the “Festival of AMG” and the Event, to appear in connection with MBAuP’s (and/or one or more of its ‘related bodies corporate’ including Daimler AG or MBNZ) advertising, promotion or marketing thereof, in any media whatsoever throughout the world and the ticket holder will not be entitled to any fee or compensation for such use.
MBAuP collects personal information from Eligible Applicants in order to conduct the “Festival of AMG” Events including the Event and for marketing and promotional purposes, and may, for these purposes, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers, related companies (including, but not limited to, MBNZ) and as required, to Australian or New Zealand regulatory authorities. Eligible Applicants have the right to access their personal information and request correction of that information by contacting MBAuP at the address in clause 1.
Except for any liability which cannot be excluded at law, MBAuP and its related bodies corporate (including MBNZ) will not be liable to any person for:
any Losses or Claims arising out of or in connection with any Death or Personal Injury which is or may be suffered as a result of a breach of the Statutory Guarantees in connection with the participation in any Event (except where the Death or Personal Injury was caused by the gross negligence or reckless conduct of MBAuP); and
any other Losses or Claims howsoever arising (whether in tort (including negligence), under contract, statute or otherwise) in connection with or in any way related to any one or more of the ‘Festival of AMG’, the sale or purchase of the tickets to an Event, or the Event, including but not limited to any Losses or Claims arising out of:
attendance at any Event by any person;
participation at any Event by any person;
failure by any person to receive an Invitation or purchase a ticket to any Event;
suspension or cancellation of any Event; or
any technical difficulties, third party interference or equipment malfunction (whether or not under MBAuP’s or its related bodies corporate's (including MBNZ) control) associated with the software application which is used to enable applicants to purchase a ticket.
All references to MBAuP or its related bodies corporate (including MBNZ) also include the Personnel. Related bodies corporate (including MBNZ) and the Personnel are entitled to the benefit of the exclusions and releases of liability that are expressed to benefit the related bodies corporate and Personnel as if references to MBAuP herein were references to those parties. MBAuP enters into, or otherwise accepts the benefit of, these Terms and Conditions on its own behalf and as agent of, and trustee for, the Personnel to the extent necessary to provide the benefit of the exclusions and releases of liability set out in these Terms and Conditions to the Personnel.
Other than as set out above, nothing in these Terms and Conditions excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the exercise the rights under:
the Australian Consumer Law, as defined in the Competition and Consumer Law Act 2010 (Cth); or
the Consumer Guarantees Act 1993 (NZ) or Fair Trading Act 1986 (NZ),
(together “Statutory Guarantees”),
or any liability of MBAuP or its related bodies corporate (including MBNZ) for failing to satisfy the Statutory Guarantees related to, or in connection with, the Festival of AMG, the sale of tickets to any Event or attendance at any Event, where to do so would have the effect of rendering the relevant provision in these Terms and Conditions void or otherwise unenforceable or would be contrary to law.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW
AND FAIR TRADING ACT 2012
Under the Australian Consumer Law, several Statutory Guarantees apply to the supply of certain goods and services. These Statutory Guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
MBAuP’s decisions relating to the sale of tickets and the Events are final, and no correspondence will be entered into.
Vehicles are covered by comprehensive motor vehicle insurance, and are subject to an excess in respect of any loss or damage. Where the Participant causes loss or damage to a Vehicle, the Participant may, at MBAuP's sole and unfettered discretion, be required to pay to MBAuP the amount of any applicable insurance excesses upon request (or an amount up to the amount of the insurance excesses, where the cost of repair is less than the applicable excesses). Current information regarding applicable insurance excesses can be obtained by emailing amg_club@daimler.com.
The laws of the State of Victoria, Australia govern these Terms and Conditions. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If any provision in these Terms and Conditions is held to be illegal, invalid, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, voidable or unenforceable. If it is not possible to read down a provision as required in this clause that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this document, and the rest of these Terms and Conditions remain in force.
The following definitions apply to these terms and conditions:
“AMG Club Period” means from 12 noon AEDT on 20 February 2017 until the earlier of 5pm AEDT on 13 March 2017 or the exhaustion of ticket allocations.
“Australian AMG Club Member” means an Eligible Applicant who is also a currently registered member of the AMG Club in Australia.
“Claim” means any claim, allegation, suit, action, demand, cause of action or proceeding, irrespective of when or howsoever it arises, whether or not it is present or future or actual or contingent, whether or not it is fixed or unascertained, or whether or not it is at law (including under contract or tort, including for negligence), in equity or under statute;
“Death or Personal Injury” has the meaning in section 139A(3) of the Competition and Consumer Act 2010 (Cth) or section 32N of the Fair Trading Act 1986 (Vic) (as may be applicable), and includes physical injury and mental injury;
“Eligible Applicant” means a person who:
is the current owner of a Mercedes-Benz vehicle which MBAuP’s and MBNZ’s (as may be applicable) records reveal was purchased from an authorised Mercedes-Benz dealership in Australia or New Zealand;
holds a current and valid full Australian, New Zealand, International Driving Permit and/or overseas driver’s licence (that is not suspended);
has received an Invitation; and
is 25 years of age or over.
“Invitation” means an official invitation from MBAuP or MBNZ (as applicable) inviting the personally addressed individual to purchase a ticket to attend the “Festival of AMG”
“Losses”
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ELIGIBILITY AND HOW TO ENTER
To be eligible, entrants must:
be an Australian resident aged 25 years or over;
hold a full and valid Australian driver’s licence
Agree to sign the Promoter’s standard Deed of Release and indemnity before taking part in the drive day, a copy of which is available upon request; and
Acknowledge and agree to the Terms and Conditions of the AMG Snow Challenge at Queenstown in New Zealand as included here in Annexure 1 below.
Eligible individuals may enter the promotion by:
visiting amgchallange.com.au
Selecting their favourite AMG era image
Providing a unique and original written response in 25 words or less to the question, “why does this embody the spirit of AMG to you”
together with a properly completed entry form with their full name, email address, postcode and date of birth
and indicating that the entrant:
agrees to these terms and conditions; and
does, or does not consent to the Promoter sending future direct marketing communications to the entrant via email
The promotion commences at 12:00pm AET on 3rd July 2017 and ends at 12:00pm AET on 19 July 2017.
Employees (and their immediate family members) of the Promoter, Mercedes-Benz Financial Services Australia Pty Ltd and authorised Mercedes-Benz, smart, Freightliner and FUSO dealerships and agencies associated with this promotion are ineligible to enter. Employees of other automotive manufacturers, importers, distributors or retailers are also ineligible to enter. The term “immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, 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 first cousin.
Multiple entries are permitted.
Answers submitted must be the entrant’s original work. Entries containing obscene, offensive, defamatory, illegal, infringing, inappropriate and or unsuitable content as determined by the Promoter in its absolute discretion will be deemed invalid.
PRIZE
There is one (1) prize available to be won in this promotion by the winner for themselves and their guest, with a total value of $11,000 including GST (“Prize”).
The Prize is comprised of the following:
Tickets: Double pass ticket, for the winner and their guest, who must both be a minimum of 25 years of age, to the AMG Snow Challenge at Queenstown in New Zealand on Thursday 3 August 2017. The double pass ticket includes a full day drive experience, hospitality (outlined below), accommodation (outlined below) and access to photography and footage.
By entering the promotion, the winner acknowledges and agrees, on their behalf and on the behalf of the guest they may invite to the Prize, to the Terms and Conditions of the AMG Snow Challenge at Queenstown in New Zealand as included in Annexure 1 herein and to sign the Promoter’s standard Deed of Release and Indemnity document prior to partaking in the Prize.
Accommodation: The winner and their guest will be provided with two nights’ accommodation at the St Moritz Hotel, Queenstown. Each individual will have the option of their own room. Room type subject to availability.
Hospitality: The following hospitality and catering will be included:
2x two courses sit down dinner at St Moritz Hotel, Queenstown, including a limited amount of alcoholic beverages;
2x continental breakfast including tea, coffee and juice; and
Buffet sit down lunch including standing beverages (alcoholic beverages not included); and Morning and afternoon tea consisting of a small snack with tea and coffee.
Transport/Transfers: The following transfers are included:
Queenstown Airport to St Moritz Hotel, Queenstown
St Moritz Hotel to the drive day location
Drive day location to St Moritz Hotel, Queenstown
St Moritz Hotel to Queenstown Airport
Flights:
For the winner and their guest there will be return economy flights valued up to $3000 inc. GST from their nearest Australian capital city (Melbourne, Canberra, Sydney, Adelaide, Brisbane, Darwin, Perth) to Queenstown on 2 August 2017 and returning on the morning of 4 August 2017.
The winner and their guest must depart from and return to the same departure and arrival points and travel together. Airfares will be co-ordinated by the Promoter on an airline of the Promoter’s choice. Airfares are subject to availability at the time of booking and must be confirmed no later than 28 July 2017. The itinerary is to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary in its absolute discretion. Frequent flyer/membership points will not form part of the prize.
All spending money, additional meals, additional taxes, insurance, insurance excess, passports, entry fees, transport to and from residence, departure point and arrival points and hotels, transfers (other than those stipulated), vehicle hire, transport (including taxis and public transport), items of a personal nature, in-room charges, excess baggage, in-flight expenses, telecommunications expenses, car parking and all other ancillary costs are not included and must be borne by the winner and/or their guest.
The winner and their guest are solely responsible for ensuring that they have valid passports and obtain any requisite visas, vaccinations and travel documentation. The Promoter strongly recommends that the winner and their guest purchase their own travel insurance.
If a prize (or part of a prize) is unavailable, the Promoter, in its absolute 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.
Prizes must be taken as offered. Prizes, or any unused portion of a prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or prize providers’ other products or services.
The Promoter reserves the right to refuse to allow an eligible participant to take part in any or all aspects of the prize if it determines in its absolute discretion, that a participant is not in a legal position or mental or physical condition necessary to be able to safely participate in the taking of the prize.
Prizes are subject to the standard terms, conditions and warranties applicable to each prize and service provider.
HOW AND WHEN THE WINNING ENTRY WILL BE DETERMINED
The best submission to the question “why does this embody the spirit of AMG” in 25 words or less as determined by the selection panel shall be the winner of the Prize in the Promoter’s absolute discretion.
The selection panel, consisting of no less than 2 employees of the Promoter, will consider all valid entries at 13:00pm on Wednesday 19 July 2017 at 44 Lexia Place, Mulgrave Victoria Australia.
The Promoter’s decision is final and the promoter will not enter into correspondence regarding the competition result.
Winner will be notified via telephone and their name (first initial, last name and state) will be published on the Mercedes-Benz Australia Facebook page on 24 July 2017.
If the Prize winner cannot be contacted or does not claim the Prize within 24 hours of being notified, the winner will be deemed to have forfeited the Prize. In this case, the selection panel will reconvene and determine another prize winner on 25 July 2017 at the same location as the original selection was undertaken, subject to any directions from a regulatory authority. Should the second selection process also not be successful, this process will be repeated on 25 July 2017.
This promotion is a game of skill only and chance plays no part in determining the winner.
GENERAL TERMS AND CONDITIONS
Information on eligibility, how to enter, prize and draw form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
Entrants will consent and will ensure their guests consent to the Promoter using the entrant's name, likeness, image and/or voice in the event that they are a winner (including photograph, video, and/or audio recording) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
Winners and their guest must produce proof of identity, age, driver’s licence and place of residence and may be required to sign a legal release and indemnity in a form determined by the Promoter in its absolute discretion. 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 and/or their guest.
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 and to the 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.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) taking or use of all or part of a prize (including without limitation any loss, damage, injury or death resulting from an accident).
The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information which will be handled in accordance with the Promoter’s Privacy Policy available at mercedes-benz.com.au. Entrants can request access and correction of their personal information by contacting the Promoter in writing.
If the entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an entrant to the contrary (e.g. through the use of an unsubscribe facility), use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the entrant.
All entries become the property of the Promoter (including any intellectual property in an entry) and will not be returned.
The entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the entrant’s: (a) participation in the promotion; (b) taking or use of all or part of a prize; and (c) any claim by a third party arising from an act or omission by the entrant.
The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
These Terms and Conditions constitute the entire agreement between the entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this promotion is final and no correspondence will be entered into.
The Promoter is Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) of 44 Lexia Place, Mulgrave, Victoria, 3170. LMCT 6776.
TERMS AND CONDITIONS OF SALE
AMG Snow at Queenstown
2, 3 and 4 August 2017
Mercedes-Benz Australia/Pacific Pty Ltd (ABN 23 004 411 410) of 44 Lexia Place, Mulgrave, VIC 3170 Australia (“MBAuP”) will hold three AMG Snow Drive Days at the Southern Hemisphere Proving Grounds, Queenstown, New Zealand on 2, 3 and 4 August 2017 (the “Events”, or each an “Event”).
Invitations will be issued to Eligible Applicants and tickets to the Events will be made available for sale and allocated until ticket allocations are exhausted (on a “first in” basis) as follows:
first in time to Australian AMG Club Members or New Zealand AMG Owners during the AMG Club Period;
if there are any remaining tickets, second in time to Mercedes–AMG Owners. MBAuP is not required to make any tickets available to Mercedes-Benz Owners, during the AMG Club Period; and
AMG Club Members or New Zealand AMG Owners may continue to purchase tickets until tickets sold out.
The cost of each ticket is AUD$4,500 inclusive of GST, with lunch and soft drinks provided. This price excludes flights which are at the cost of the purchaser. All purchases must be made in Australian dollars.
MBAuP, in its sole, absolute and unfettered discretion, reserves the right to verify the details of any purchaser of a ticket. MBAuP may cancel any tickets where a ticket purchase has not been made in accordance with these Terms and Conditions and MBAuP will not be liable other than to refund any purchase price paid.
There are 30 tickets per Event. Eligible Applicants may purchase a maximum of one ticket for either themselves or their nominee.
To purchase a ticket for an Event, Eligible Applicants must access the promotional website using information specified in the Invitation, select the Event that the individual wishes to attend, fully and properly complete the registration form and irrevocably pay in full for the ticket either:
online at time of registration by a method permitted by the promotional website; or
if an individual elects to receive an invoice via email or mail, within 7 days of the date of the invoice.
Where an Eligible Applicant does not pay the ticket purchase price within the required period above, the sale of the ticket will be deemed to be cancelled and the ticket will be reallocated to another Eligible Applicant.
Tickets will not be allocated unless and until full and irrevocable payment has been received. Each purchaser acknowledges and agrees that registrations and payments will be processed and collected by MBAuP’s contractor, CiEvents Australia, on behalf of MBAuP and each purchaser consents to the disclosure and use of their personal information to and by CiEvents Australia, its employees and its agents for that purpose.
To receive an Invitation, Eligible Applicants must have opted-in to receive direct marketing communications via email from MBAuP or Mercedes-Benz New Zealand Ltd ("MBNZ") (as applicable). Eligible Applicants may contact MBAuP, MBNZ or the Mercedes-Benz authorised dealership where their vehicle was purchased (as applicable) to update their contact details and communication preferences at any time. Neither MBAuP nor its related bodies corporate (including MBNZ) are liable where an Eligible Applicant fails to receive an Invitation.
Ticket purchases must be for the personal use of the Eligible Applicant and/or their nominee. Tickets are not transferable or exchangeable. MBAuP may refuse to permit a ticket holder to participate in the Event if the ticket holder is not the person registered to attend the Event. Ticket holders must present their Event confirmation letter to gain entry into the Event.
Each ticket holder attending the Event must hold a current and valid full Australian, New Zealand, International Driving Permit and/or overseas driver’s licence (that is not suspended) and provide evidence of this to MBAuP’s representative on location prior to participation in the Event. Probationary and learner drivers and drivers on restricted licences are not permitted to take part in the Event.
The purchase of any ticket and participation in the Event is subject to each ticket holder:
complying with all conditions of entry imposed by the Southern Hemisphere Proving Grounds, track owner or operator (including duly executing any document containing a waiver and/or indemnity in such form as is provided); providing to MBAuP a properly signing and witnessed Deed of Release in the form provided by MBAuP prior to taking part in the Program; and
complying with any reasonable directions of MBAuP.
A copy of the deed of release that each ticket holder will be required to sign is available upon request by emailing amg_club@daimler.com or by phoning Nadine Young (03) 9566 6471. Conditions include, without limitation:
participation in the Event is at the participant's own risk and MBAuP will be released from all liability to the extent permitted by law, including for injury to or death of the participant to the extent permitted by the Competition and Consumer Act 2010;
to indemnify MBAuP against loss or damage caused to MBAuP, other participants or any third party due to acts or omissions of the participant;
to follow the rules, conditions, directions and signs given or shown to participants during the Event;
not to operate, drive or be in charge of any vehicle during the Event whilst under the influence of any intoxicating liquor or any other drug;
to drive safely and not unnecessarily put themselves, any other person or property at risk of damage, death or injury; MBAuP reserves the right terminate or restrict a participant’s participation in the Event if MBAuP considers that the participant may endanger any person or property.
Any and all accommodation, flights, taxes, insurance, passports, visas, transfers to and from the location of the Event, spending money, all other ancillary or related costs and expenses associated with attempting to participate or attending the Event are not included in the ticket price and are the sole responsibility of the ticket holder.
If a ticket holder intends to cancel his or her scheduled attendance at the Event then he or she must inform MBAuP in writing of that intention to amg_club@daimler.com or Nadine Young, Mercedes-Benz Australia/Pacific Pty Ltd, 44 Lexia Place, Mulgrave, 3170, Vic, Australia.
If:
written notice is received by MBAuP of the cancellation at least 2 months prior to the commencement of the Event, MBAuP will provide the ticket holder with a full refund of the ticket price;
written notice is received by MBAuP of the cancellation up to 1 month prior to the commencement of the Event, MBAuP will provide the ticket holder with a 50% refund of the ticket price;
written notice is either not provided by a ticket holder or s/he cancels within 1 month of the Event or fails to attend the Event, no refund will be given except where required by law.
In the case of the intervention of any outside agent or event outside of MBAuP’s control (such as an act of God, strike or other industrial action, war, vandalism or sabotage, adverse weather conditions, actions of the track owner, law or any government action) preventing or delaying MBAuP’s ability to conduct an Event, MBAuP may in its sole and absolute discretion suspend or cancel the Event. MBAuP will inform applicants and/or ticket holders of its decision to suspend or cancel the Event.
Where an Event is suspended or canceled, or cannot be held or completed for any reason whatsoever, MBAuP will in its sole and absolute discretion either refund the unused portion of the ticket purchase price for the affected Event or substitute the affected Event with another AMG drive day event to be held during the following year or at another location, subject to ticket availability. Applicants acknowledge that, to the full extent permitted by law, neither MBAuP nor its related bodies corporate (including MBNZ) will have any other liability of any nature whatsoever to any applicant or ticket holder in respect of MBAuP’s failure to hold the Event, including but not limited to any expenses incurred in obtaining flights and/or accommodation to attend the Event.
By attending the Event, the ticket holder agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the “Festival of AMG” and the Event including, but not limited to, being interviewed, photographed and/or filmed throughout the duration of the Event. Each ticket holder attending the Event agrees and permits their image and/or voice, as recorded, photographed or filmed during the ticket holder’s participation in the “Festival of AMG” and the Event, to appear in connection with MBAuP’s (and/or one or more of its ‘related bodies corporate’ including Daimler AG or MBNZ) advertising, promotion or marketing thereof, in any media whatsoever throughout the world and the ticket holder will not be entitled to any fee or compensation for such use.
MBAuP collects personal information from Eligible Applicants in order to conduct the “Festival of AMG” Events including the Event and for marketing and promotional purposes, and may, for these purposes, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers, related companies (including, but not limited to, MBNZ) and as required, to Australian or New Zealand regulatory authorities. Eligible Applicants have the right to access their personal information and request correction of that information by contacting MBAuP at the address in clause 1.
Except for any liability which cannot be excluded at law, MBAuP and its related bodies corporate (including MBNZ) will not be liable to any person for:
any Losses or Claims arising out of or in connection with any Death or Personal Injury which is or may be suffered as a result of a breach of the Statutory Guarantees in connection with the participation in any Event (except where the Death or Personal Injury was caused by the gross negligence or reckless conduct of MBAuP); and
any other Losses or Claims howsoever arising (whether in tort (including negligence), under contract, statute or otherwise) in connection with or in any way related to any one or more of the ‘Festival of AMG’, the sale or purchase of the tickets to an Event, or the Event, including but not limited to any Losses or Claims arising out of:
attendance at any Event by any person;
participation at any Event by any person;
failure by any person to receive an Invitation or purchase a ticket to any Event;
suspension or cancellation of any Event; or
any technical difficulties, third party interference or equipment malfunction (whether or not under MBAuP’s or its related bodies corporate's (including MBNZ) control) associated with the software application which is used to enable applicants to purchase a ticket.
All references to MBAuP or its related bodies corporate (including MBNZ) also include the Personnel. Related bodies corporate (including MBNZ) and the Personnel are entitled to the benefit of the exclusions and releases of liability that are expressed to benefit the related bodies corporate and Personnel as if references to MBAuP herein were references to those parties. MBAuP enters into, or otherwise accepts the benefit of, these Terms and Conditions on its own behalf and as agent of, and trustee for, the Personnel to the extent necessary to provide the benefit of the exclusions and releases of liability set out in these Terms and Conditions to the Personnel.
Other than as set out above, nothing in these Terms and Conditions excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the exercise the rights under:
the Australian Consumer Law, as defined in the Competition and Consumer Law Act 2010 (Cth); or
the Consumer Guarantees Act 1993 (NZ) or Fair Trading Act 1986 (NZ),
(together “Statutory Guarantees”),
or any liability of MBAuP or its related bodies corporate (including MBNZ) for failing to satisfy the Statutory Guarantees related to, or in connection with, the Festival of AMG, the sale of tickets to any Event or attendance at any Event, where to do so would have the effect of rendering the relevant provision in these Terms and Conditions void or otherwise unenforceable or would be contrary to law.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW
AND FAIR TRADING ACT 2012
Under the Australian Consumer Law, several Statutory Guarantees apply to the supply of certain goods and services. These Statutory Guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
MBAuP’s decisions relating to the sale of tickets and the Events are final, and no correspondence will be entered into.
Vehicles are covered by comprehensive motor vehicle insurance, and are subject to an excess in respect of any loss or damage. Where the Participant causes loss or damage to a Vehicle, the Participant may, at MBAuP's sole and unfettered discretion, be required to pay to MBAuP the amount of any applicable insurance excesses upon request (or an amount up to the amount of the insurance excesses, where the cost of repair is less than the applicable excesses). Current information regarding applicable insurance excesses can be obtained by emailing amg_club@daimler.com.
The laws of the State of Victoria, Australia govern these Terms and Conditions. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If any provision in these Terms and Conditions is held to be illegal, invalid, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, voidable or unenforceable. If it is not possible to read down a provision as required in this clause that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this document, and the rest of these Terms and Conditions remain in force.
The following definitions apply to these terms and conditions:
“AMG Club Period” means from 12 noon AEDT on 20 February 2017 until the earlier of 5pm AEDT on 13 March 2017 or the exhaustion of ticket allocations.
“Australian AMG Club Member” means an Eligible Applicant who is also a currently registered member of the AMG Club in Australia.
“Claim” means any claim, allegation, suit, action, demand, cause of action or proceeding, irrespective of when or howsoever it arises, whether or not it is present or future or actual or contingent, whether or not it is fixed or unascertained, or whether or not it is at law (including under contract or tort, including for negligence), in equity or under statute;
“Death or Personal Injury” has the meaning in section 139A(3) of the Competition and Consumer Act 2010 (Cth) or section 32N of the Fair Trading Act 1986 (Vic) (as may be applicable), and includes physical injury and mental injury;
“Eligible Applicant” means a person who:
is the current owner of a Mercedes-Benz vehicle which MBAuP’s and MBNZ’s (as may be applicable) records reveal was purchased from an authorised Mercedes-Benz dealership in Australia or New Zealand;
holds a current and valid full Australian, New Zealand, International Driving Permit and/or overseas driver’s licence (that is not suspended);
has received an Invitation; and
is 25 years of age or over.
“Invitation” means an official invitation from MBAuP or MBNZ (as applicable) inviting the personally addressed individual to purchase a ticket to attend the “Festival of AMG”
“Losses”
See more from Mercedes Benz Australia competitions.
