“Spirit of Amarok, Australia 2017” Promotion Terms and Conditions
1 Information on how to enter form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2 Subject to clause 3, entry is only open to Australian residents aged 21 years whom must hold a valid passport with a minimum six (6) months validity and a manual drivers licence. The entrant and their companion must also be able to attend the ‘Spirit of Amarok, Australia” drive experience (“the Challenge”) in Werribee, Victoria on 12, 13 or 14 May 2017 as determined by the Promotor. If participants win the Challenge and in order to accept the Major Prize (as defined below), participants must also be able to attend and represent Australia at the International Final of the “Spirit of Africa” held in South Africa during August 2017 (dates to be confirmed closer to the event) (“Major Prize”).
“Spirit of Amarok, Australia 2017” Promotion Terms and Conditions
1 Information on how to enter form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2 Subject to clause 3, entry is only open to Australian residents aged 21 years whom must hold a valid passport with a minimum six (6) months validity and a manual drivers licence. The entrant and their companion must also be able to attend the ‘Spirit of Amarok, Australia” drive experience (“the Challenge”) in Werribee, Victoria on 12, 13 or 14 May 2017 as determined by the Promotor. If participants win the Challenge and in order to accept the Major Prize (as defined below), participants must also be able to attend and represent Australia at the International Final of the “Spirit of Africa” held in South Africa during August 2017 (dates to be confirmed closer to the event) (“Major Prize”).
3 Employees (and their immediate families) of the Promoters and agencies associated with this promotion are ineligible to enter. Immediate family 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 1st cousin.
4 Promotion commences at 09:00am AEST on 20 March 2017 and ends at 9:00am AEST on 18 April 2017 (“Promotional Period”).
5 To enter, individuals must during the Promotional Period, visit www.spiritofamarok.com.au and undertake the following steps:
(a) follow the prompts to the promotion entry page;
(b) input the requested contact details, including (but not limited to) full name, phone number, email address, occupation, current vehicle make/ model, age;
(c) answer the following question: “Tell us in 25 words or less why you want to compete in the Spirit of Amarok, Australia challenge” (“the Question”);
(d) submit the fully completed entry form.
6 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 reserves the right, in their absolute 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 may be accepted at the Promoters’ discretion. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights. The Promoters’ legal rights to recover damages or other compensation from such an offender are reserved.
7 Incomplete or indecipherable entries will be deemed invalid.
8 Only one (1) entry permitted per person.
9 The best sixty three (63) valid entries, as determined by the judges, will each win that entrant (“Participant”) and their companion (playing as a team), the opportunity to play a contingency challenge for the chance to win the Major Prize (as defined below).
10 The Challenge will take place at the Spirit of Amarok, Australia in Werribee, Victoria. The Challenge will be held across three (3) days. The Participant and their companion need only
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participate in one (1) date being either 12, 13 or 14 May 2017 as determined by the Promotor. In order to participate in the Challenge, each winning Participant and their companion will receive:
(a) entry to the Challenge event
(b) all meals inclusive on the day
11 One of the tickets must be used by the winner. The other ticket can be given to a friend or family member over 21 years of age. Any other ancillary costs with attending the Challenge will be the responsibility of the winner and his or her companions, including, but not limited to, travel to and from the Challenge in Werribee, Victoria.
12 The individual prize value for the Challenge element of the promotion is valued at $700, with a total prize pool of $44,100 inclusive of GST.
13 The Challenge will require each of the winning Participant to compete in an number of off-road driving challenges. The Challenge will consist of a variety of stages in two major sections of skill and speed tests. Each team will get one (1) attempts at each stage and will be judged on accuracy and/ or speed by the Challenge co-ordinators.
14 The three (3) teams with the highest score (one (1) each day) from each Challenge as judged by the Challenge co-ordinators, will be deemed the winner and will win a place in the international final of the “Spirit of Africa” to be held in South Africa, between 13 August 2017 and 18 August 2017 (“Major Prize”).
15 In order to participate in the Major Prize, each winning Participants will receive:
(a) two (2) return economy airfares from the Participants nearest capital city in Australia to South Africa;
(b) travel insurance
(c) transfers from Johannesburg to the event venue;
(d) entry to the Major Prize event (three (3) days);
(e) all meals inclusive on the event days;
(f) accommodation (camping) and meals (three main meals per day); and
(g) AUD $250 spending money.
16 Travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of the Major Prize are subject to booking and availability and will be booked by the Promoter. Airfares, venue transfers and accommodation (if applicable) costs associated with a travel prize which are specified to be included in the prize, excluding but not limited to any home state transfer costs, meals, taxes and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au.
17 The individual Major Prize value is valued at $10,000 for two (2) persons; with a total prize pool of $30,000 inclusive of GST.
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Additional Terms:
18 This is a game of skill; chance plays no part in determining the winner/s. Each valid entry will be individually judged (by representatives of the Promoter) based on the judging criteria.
19 The judging will take place at Volkswagen Group Australia, 24 Muir Road, Chullora 19 April 2017 at 3:00pm AEST. The prize/s will be awarded to the valid entrant or entrants (as applicable) which best meet the Judging Criteria, as determined by the judges, in accordance with the prize details. Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid. The judges reserve the right to 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.
20 The winners will be notified by telephone and in writing within three (3) business days of the draw. The winner’s name will be published online www.spiritofamarok.com.au. The Promoters’ decisions are final and no correspondence will be entered into.
21 All entries and materials submitted to the Promoter in connection with this promotion (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. Each entry must be the entrant’s original work. By entering this competition entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.
22 If for any reason a winner does not take a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) may be forfeited at the Promoter’s absolute discretion.
23 If any prize (or part of any 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 and/or specification.
24 The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
25 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 Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserve the right, in its 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.
26 Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
27 Participants acknowledge that there may be inherent risks in some aspects of the competition, including without limitation any Challenge involved in this promotion, or the prize and that participation in the promotion and/or using the prize may involve participating in dangerous activities. By entering this competition and/or accepting the prize, Participants accept that risk.
28 If requested by the Promoter, any participant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this promotion and/or providing the prize prior to undertaking any specified
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activities forming part of the promotion or prize. If any participant, winner or nominated companion do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant Participant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 19 or (as applicable).
29 The Promoter may in its absolute discretion prohibit an entrant’s participation in this competition, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
30 Entrants must, at the Promoters request, participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time.
31 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 States and Territories of Australia (“Non- Excludable Guarantees”). The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
32 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) are not responsible for and exclude 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 Promoters’ 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 Promoters) due to any reason beyond the reasonable control of the Promoters; (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.
33 The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its Privacy Policies, which can be viewed at: https://www.volkswagen.com.au/en/tools/navigation/footer/privacy.html. In addition to any use that may be outlined in the Promoters Privacy Policies, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies of the Promoter also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the
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Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.
34 Where the competition is communicated on Facebook, entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the competition release Facebook and its associated companies from all liability arising from the competition. Entrants provide their information to the Promoter and not to Facebook.
35 The Promoter is Volkswagen Group Australia Pty Ltd (ABN 14 093 117 876) of 24 Muir Road, Chullora NSW 219. Telephone: 02 9695 6000.
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