Win the ultimate road trip! Harley Davidson

HARLEY-DAVIDSON TOURING CAMPAIGN 2017
HOW TO ENTER
Eligibility Requirements – please read carefully
To be eligible to enter, individuals must:
be an Australian or New Zealand resident
be over 18 years of age
hold a full, valid Australian or New Zealand motorcycle licence covering motorcycles over 660cc
have at least 5 years' experience riding motorcycles over 660cc
be able to travel between 29 June - 9 July 2017
AND
visit www.h-d.com.au/touring and complete the online entry form, including answering the Promotional Question, by 14/04/2017 ("Eligible Entry").
To enter:
Entrants must, during the Promotional Period, visit www.h-d.com.au/touring and complete the online entry form before 14/04/2017.
All entries must include an answer to the question “Why are you the best person to win this prize" ("Promotional Question"), in 500 characters or less, as well as the entrant's name, address, daytime contact number, date of birth and email address.
Entries submitted after 14/04/2017 will not be accepted.
Entrants must also accept these Terms & Conditions and the Promoter's Privacy Policy on the online entry form.
TERMS AND CONDITIONS
Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
The Promoter is Harley-Davidson Australia Pty Limited (ABN 83 098 483 259) of 1 Sirius Road, Lane Cove NSW 2066 (Postal Address: PO Box 133, North Ryde NSW 1670).
Entry is only open to individuals who meet the Eligibility Requirements and comply with the entry instructions described in these Terms and Conditions. Employees (and their immediate families) of the Promoter, participating dealers and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: 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.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence, licence status and riding experience) and to disqualify any entrant who submits an entry that is fraudulent or not otherwise in accordance with these Terms and Conditions or any relevant law, or who tampers with the entry process. Each entrant consents to the Promoter exercising its rights under this clause by their entry into the Promotion.
Incomplete, indecipherable, or illegible entries may be deemed invalid. For example, entries which do not include the entrant's name, address, daytime contact number, email address or response (of 500 characters or less) to the Promotional Question will not be accepted.
Only one (1) entry permitted per person.
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.
Promotion starts at 0.01 on 20/02/2017 and ends at 23.59 (Sydney local time) on 14/04/2017 ("Promotional Period").
This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on creative merit and originality of the answer provided to the Promotional Question in 500 characters or less ("Judging Criteria"). The judges' decision is final and no correspondence will be entered into.
There is one prize available in this competition. The best valid entry, as determined by the judges, will win the prize.
Prizes are not transferable and are not redeemable for cash.
The entries will be judged at the Promoter's premises at 1 Sirius Road, Lane Cove NSW 2066 at 10.00 (Sydney local time) on 26/04/2017 by a panel of judges according to the judging criteria in clause 9. The winner will be notified by telephone, email and/or mail within 24 hours of the judging. The winner’s name will be published on www.harley-davidson.com.
The prize comprises a trip to Europe to participate in the 2017 Gumball Rally, organised by Gumball 3000 Ltd, and includes:
Return economy flights for the winner from their nearest international airport to Riga, Latvia on 29 June 2017 and returning from Athens, Greece, on 9 July 2017 including all airline and airport taxes;
An 8 day guided trip organised by Gumball 3000 Ltd across Europe, from Riga (Latvia) to Mykonos (Greece);
Use of a Harley-Davidson touring motorcycle (model to be determined by the Promoter) for 2 days to participate in the Gumball Rally. The other legs of the rally will be completed in a support vehicle; and
Accommodation for 9-10 nights (depending on travel times) in various cities across the route of the Gumball Rally (5 star or equivalent).
Total maximum prize value is USD 60,000 (approximately AUD 79,445 / NZD 82,604 as at 30 January 2017).
All taxes (excluding GST) which may be payable as a consequence of receiving the prize are the sole responsibility of the prize winner.
The Promoter will make all reasonable efforts to contact the winner. However, if the Promoter is unable to contact the winner after making three attempts or the winner is unable to travel on the allocated dates specified in clause 12, the prize will be forfeited by that person. If the prize is forfeited, it will be offered to the next best valid entry judged in accordance with clause 11 and, if necessary, the process in this clause 15 will be repeated until a winner is located.
Prize components are subject to weather and management discretion, and are taken at the risk of the individual. The Promoter may amend or substitute available activities in its absolute discretion. All other ancillary costs, including but not limited to taxes (excluding GST), meals, visas, passports, insurance, incidentals and any and all other expenses are the responsibility of the winner. It is a condition of accepting the prize that the winner arrange at their own expense valid travel insurance with the highest available coverage for their period of travel, as well as the relevant visa documentation required for entry into the countries participating in the 2017 Gumball Rally, including those in the European Union. The prize is a single event trip for the winner and cannot be separated into separate trips or components.
If winner is unable to travel on the allocated specific travel dates (including because the winner is not able to obtain applicable visa documentation), departing on 29 June 2017 and returning on 9 July 2017, the prize will be forfeited.
Accommodation, activities, ride routes and flight arrangements, including suppliers, will be determined by the Promoter in its sole discretion.
The Promoter reserves the right to withdraw any prize should the Promoter, in its sole and absolute discretion, deem a winner unfit to participate in the prize for any reason, including (without limitation) as a result of illness, tiredness, or the influence of alcohol or drugs.
The prize is subject to the terms and conditions of third party prize suppliers including Gumball 3000 Ltd, 303 - 315 Latimer Road, London, W10 6RA, Great Britain, trading as Gumball 3000 ("Gumball 3000"). The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of Gumball 3000 or otherwise as a result of the winner accepting and/or using a prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoter or which otherwise cannot be excluded by law.
Before the prize is awarded, the winner will be required to sign Gumball 3000's terms and conditions of entry and waiver. Award of the prize is conditional upon the winner signing this contract. The winner will be given a reasonable opportunity to review and consider the contract before s/he is required to sign it. To the extent that the terms of the contract are inconsistent with these Terms and Conditions, the terms of these Terms and Conditions will prevail. A copy of the contract will be provided to entrants on request.
The prize winner accepts all risks associated with accepting and participating in the prize and will be responsible for complying with all laws relating to use of the prize, including local motorcycle licence requirements in the countries participating in the 2017 Gumball Rally, including those in the European Union. The Promoter accepts no responsibility if the prize winner is unable to participate in any part of the prize due to local motorcycle licence requirements or any other local laws.
If the prize (or any part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize of equal value and/or specification. Winner will not be entitled to any additional compensation in the event the prize or element of a prize has been substituted at equal or greater value.
The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
The prize winner has rights under the Australian Consumer Law/New Zealand Consumer Guarantees Act 1993 (as applicable) and other similar legislation which cannot be excluded or limited by the Promoter. These rights include statutory guarantees that any goods provided by the Promoter will be of acceptable quality and fit for purpose, and that any services provided by the Promoter will be rendered with due care and skill. These Terms and Conditions do not, and do not intend to, exclude or limit those statutory rights in any way. However, to the extent that it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, under laws other than the Australian Consumer Law/New Zealand Consumer Guarantees Act 1993 (as applicable) regarding the quality or suitability of the prize awarded as part of this Promotion and will not be responsible for breach of any such representations or warranties.
The Promoter (including its officers, employees and agents) will not be responsible for any:
personal injury;
loss or damage (including loss of opportunity, profits, goodwill or business revenues, and any other special, indirect or consequential losses),arising in any way out of the Promotion including, but not limited to, injury, loss or damage which arises as a result of any of the following:
any technical difficulties or equipment malfunction due to any reason beyond the reasonable control of the Promoter;
electronic or human error which may occur in the administration of the Promotion or the processing of entries which is beyond the reasonable control of the Promoter;
any theft, unauthorised access or third party interference which impacts on the conduct of the Promotion and is beyond the reasonable control of the Promoter;
any entry or prize claim that is late, lost, stolen, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
any variation in the prize to that stated in these Terms and Conditions;
any tax liability incurred by a winner or entrant; or,
use of a prize,
except to the extent that such injury, loss or damage is due to the negligence or willful misconduct of the Promoter, or otherwise cannot be excluded by law as referred to in clause 26 above.
The Promoter collects entrants' personal information in order to conduct the Promotion and for promotional, marketing, publicity, research and profiling purposes. Entry is conditional on providing this information. By entering this Promotion, unless otherwise advised, each entrant agrees that the Promoter may:
use the entrant's personal information to conduct the Promotion in accordance with these Terms and Conditions and for promotional, marketing, publicity, research and profiling purposes, including to send electronic messages to or telephone the entrant; and
disclose the entrant's personal information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers, for the purpose of conducting the Promotion.
Entrants may access the personal information the Promoter holds about them, and should direct any request to access, update or correct information to the Promoter at its address set out in clause 2 of these Terms and Conditions. Entrants can obtain a copy of the Promoter's Privacy Policy at www.harley-davidson.com or by contacting the Promoter via the postal address provided in clause 2 above. All entries become the property of the Promoter.
Participation in the Promotion constitutes a prize-winner’s consent to the Promoter’s and Gumball 3000's use of the prize-winner’s name, likeness and opinions (including without limitation footage of the winner's receipt and use of the prize) on the Promoter's and Gumball 3000’s website or otherwise for promotional, marketing and publicity purposes without any fee being paid by the Promoter or Gumball 3000. The prize winner agrees to sign any further documentation required by the Promoter or Gumball 3000 to give effect to this arrangement, as a precondition to being awarded the prize.
Any cancellation or modification to the Promotion will be notified on the Promoter's website – www.Harley-Davidson.com.au following approval from the lottery authorities, where necessary. A copy of these Terms and Conditions and prize details can also be obtained from that site.
If part or all of any clause of these Terms and Conditions is unenforceable, it will be severed, and the balance of these Terms and Conditions will remain in full force and effect.
For Australian entrants, these Terms and Conditions are governed by the laws of New South Wales and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of that state.
For New Zealand entrants, these Terms and Conditions are governed by the laws of New Zealand and each entrant agrees to submit to the non-exclusive jurisdiction of the New Zealand courts.
The Promoter's or an entrant's failure to enforce any term of these Terms and Conditions will not restrict the relevant party from enforcing that or any other provision at a later time.