Win an awesome road trip holiday! Mitsubishi Motors Australia

MITSUBISHI MOTORS AUSTARLIA LIMITED (“PROMOTER”) AND TOP PARKS FACEBOOK COMPETITION
Terms and Conditions
By entering the ‘Promoter and Top Parks Facebook Competition’ ("Competition"), you agree to the following terms and conditions:
STANDARD TERMS
Information on how to enter forms part of these terms and conditions. Submission of an entry is deemed acceptance of these terms and conditions.
WHO CAN ENTER?Subject to clause 2.2, entry is open to all residents of Australia, aged 18 years or over, who have a valid, current and unrestricted driver’s licence.
Employees (and their immediate families) of the Promoter, participating Mitsubishi dealerships and agencies associated with this Competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto partner, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
CONDITIONS OF ENTRY
The competition commences on 1 September 2016 (11:00 AEST) and concludes on 15 September 2016 (23:59 AEST) (“the Competition Period”).
Only one entry permitted per person. Any subsequent entries made will be deemed invalid.
To enter the Competition, entrants must have a valid Facebook account and, during the Competition Period log onto the entrant's Facebook account and leave a comment in response to the Promoter's post relating to the Competition (Post ID - https://facebook.com/MitsubishiMotorsAustralia/photos/p.1245767358798020/1245767358798020/) on the Promoter's Facebook (www.facebook.com/MitsubishiMotorsAustralia) to share their holiday itinerary("Submission").
The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, address, email address and driver's licence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions, who tampers with the entry process or who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory, unlawful, or otherwise not in keeping with the spirit of the Competition. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an entrant are reserved.
Incomplete and illegible entries or entries containing offensive or defamatory comments, or which infringe third party intellectual property rights, or are otherwise contrary to law, are not eligible to win. The Promoter reserves the right to remove any Submissions in breach of this clause.
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.
To be able to make an entry, the entrant must have an access to the internet, with a current and functioning email address and Facebook account. It is recommended that entrants check with their individual service provider in this regard.
This is a game of skill and chance plays no part in the determination of the winners. Each valid entry will be individually judged on the basis of creativity and uniqueness at the Promoter’s sole and absolute discretion.
The time of entry will be the time that the comment is received on the Promoter's Facebook page.
The Promoter, it’s directors, employees, affiliates, agents and contractors will not be liable for any lost, late or misdirected entries.
Judging of the entries will commence on 19 September 2016 at the Promoter’s Head Office. The entrant with the best Submission, according to the criteria set out in clause 3.9, will be the winner ("Winner"). The Winner will be notified within 5 working days via a response comment to their entry on Facebook.
The Promoter’s decision is final and no correspondence will be entered into.
One prize will be awarded for the Competition.
If for any reason whatsoever the Winner does not claim the prize or take the prize by 30th September 2016 then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
The Promoter reserves the right to judge “reserve” entries (in addition to the Winner) and record them in order of priority based on merit. If a prize has not been claimed by 30th September 2016, the prize may be distributed at the Promoter's absolute discretion to the entrant with the next best entry as determined by the Promoter according to the same criteria set out in clause 3.9.
The Promoter reserves the right to request that the Winner provides proof of identity, proof of residency, proof of holding a valid current and unrestricted driver's licence and/or proof of entry validity in order to claim the prize. Proof considered suitable for verification is at the discretion of the Promoter. In the event that the Winner cannot provide appropriate proof, the Winner will forfeit the prize in whole and no substitute will be offered.
PRIZE
There will be a total of one prize Winner who will receive a loan of either a Mitsubishi 15.5MY Mitsubishi ASX, a 16MY Mitsubishi Triton, a 16MY Mitsubishi Outlander or a 16MY Mitsubishi Pajero Sport (all will be CVT automatic transmission) courtesy vehicle from the Promoter ("Prize Vehicle") for a one week period (“Drive Period”)of the Winner's choice (subject to availability of the vehicle), maximum value depending on the vehicle choice and availability is $564 (calculated on the basis of one week car hire of a SUV or 4WD). As the Prize Vehicle is a courtesy vehicle, it has accumulated mileage and may show signs of fair wear and tear. Colour and specifications of the Prize Vehicle may vary. The Winner will also receive a $350 Top Parks holiday voucher and a $200 dinner voucher at a suitable restaurant based on the location of the Top Parks accommodation. Total maximum prize value is $1114.
In the event that the prize becomes unavailable due to circumstances beyond the Promoter’s control, the Promoter reserves the right to provide an alternative prize of equal or greater value as the original prize, subject to any applicable laws.
Prize value is correct at 31/8/2016. The Promoter accepts no responsibility for any tax implications that may arise from the winning of the prize. Independent financial advice should be sought. Prize is not transferable or exchangeable and cannot be taken as cash. Prize must be taken as offered and cannot be varied.
The Winner will be required to collect the Prize Vehicle from a dealership of the Promoter's choice (“Nominated Dealership”). The Nominated Dealership will be located in either Brisbane, Sydney, Melbourne, Adelaide or Perth, depending on the Winner's location. The Winner will be required to return the vehicle to the Nominated Dealership before or at the end of the Drive Period.
It is a condition of accepting the prize that travel to and from the Nominated Dealership is the sole responsibility of the Winner.
Additional options and all ancillary costs, including travel to and from the dealership, costs of fuel and refuelling, are the responsibility of the Winner.
It is a condition of accepting the prize that the Winner must return the Prize Vehicle to the Nominated Dealership in the same condition as it was provided to the Winner (fair wear and tear permitted). The Winner is responsible for any refurbishment costs which will not be reimbursed by the Promoter.
Whilst the Promoter will arrange a comprehensive and compulsory third party insurance for the Prize Vehicle, the Winner agrees to be liable for any costs not covered by such insurance. The Winner must inform the Promoter immediately of any accident involving the Prize Vehicle, theft, damage to or breakdowns of the Prize Vehicle.
Winner must use reasonable endeavours to ensure the Prize Vehicle is kept in a secure premises and returned in good repair condition. The Winner must also ensure that no permanent alterations are made or permanent accessories are fitted to the Prize Vehicle.
The Winner is responsible for complying with all applicable laws and road rules and paying any parking fines incurred in connection with the use of the Prize Vehicle during the Drive Period. The Prize Vehicle will be delivered with a tank of fuel and any costs associated with refuelling of the Prize Vehicle will be at the Winner's expense. The Winner is liable for all costs, fees, taxes, fines penalties and infringement notices incurred in connection with the use of the Prize Vehicle and for which the Promoter is charged except to the extent that those costs arise out of the Promoter’s negligent acts.
The Winner indemnifies and hold harmless the Promoter, its directors, employees, affiliates, agents and contractors from and against any or all claims arising out of on in connection with the use of the Prize Vehicle, including but not limited to injury or death of any persons and damage or destruction of any third party’s property contributed by the negligent or unlawful act of the Winner during the Drive Period.
During the Drive Period the Winner must carry out the general and preventative maintenance of the Prize Vehicle (engine oil level, tyre pressure, etc.) as specified in the Prize Vehicle’s Manufacturer Specifications.
The costs and expenses of any repairs undertaken without the Promoter’s written approval will not be reimbursed to the Winner.
Prize cannot be transferred, exchanged or redeemed for cash. In the event that the Winner does not take the prize as offered, then the prize will be forfeited and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied.
The Winner must, upon receiving a request from the Promoter, be able to provide evidence which, to the reasonable satisfaction of the Promoter, demonstrates that the Winner is an eligible entrant (including but not limited to clauses 2.1 and 2.2) and has complied with these terms and conditions.
Any taxes (other than GST, if any) which may be payable as a consequence of the Winner receiving the prize is the sole responsibility of the Winner.
The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
The laws of South Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of South Australia.
Each Submission submitted as an entry or part of an entry (“Work”) becomes the property of the Promoter. Work(s) will not be returned to any entrant. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this Competition, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Work submitted is an original literary work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.
NO LIABILITY
Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the Non-Excludable Guarantees, the Promoter excludes liability for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or any of the equipment or programming associated with, or utilised in this Competition, or for any technical error, or combination thereof that may occur in the course of the administration of this Competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite failure, theft or destruction or unauthorised access to, or alteration of, entries.
If for any reason, this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify and/or suspend the Competition.
Except for any liability that cannot be excluded by law, the Promoter (including its directors, employees, affiliates, agents and contractors) excludes any and all liability (including negligence) for any personal injury, loss or damage (including loss or opportunity) whether direct, indirect, special or consequential, arising in any way out of the Competition, including but not limited to, where arising out of the following:
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
any theft, unauthorised access or third party interference;
any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
any variation in prize value to that stated in these conditions of entry;
any tax liability incurred by the Winner or an entrant;
the broadcast of any program relating to the Competition or the publication of any material, including statements made by any compere, staff member, journalist, other entrants or any other person; and/or
participation in the prize.
PRIVACY
The Promoter of this Competition collects your personal information to provide the goods or services you have requested, to process the Competition entries and to improve its products and services. By submitting your details you give consent to receive marketing material from the Promoter and its dealer network. For more information, please read our privacy policy located on our website http://www.mitsubishi-motors.com.au/privacy/. Our Privacy Policy contains information about how you can access or correct any personal information we hold about you and how to complain about a privacy breach.
PROMOTER’S DETAILS
The Promoter is Mitsubishi Motors Australia Limited ABN: 53 007 870 395 of 1284 South Road, Clovelly Park, SA 5042, Phone 1300 13 12 11