Win the ultimate VIP experience at the Michelin Australian Motorcycle Grand Prix 2016! Spokes

WIN THE ULTIMATE 2016 AUSTRALIAN MOTORCYCLE GRAND PRIX EXPERIENCE (Promotion)
CONDITIONS OF ENTRY
Promoter: Transport Accident Commission (ABN 22 033 947 623) of 60 Brougham Street, Geelong, Victoria, 3220
Event: Michelin Australian Motorcycle Grand Prix 2016
Conditions of Entry
Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each eligible entrant. Entry is only through the Internet.
Entry is only open to persons who: (a) are residents of Victoria (b) are aged eighteen (18) years or older at the time of submitting their entry to the Promotion and (c) have not had their motor vehicle licence, or has not had their motor vehicle licence previously suspended or cancelled in the two (2) years proceeding 4 September 2016, for any reason whatsoever (Eligible Entrant). Directors, management and employees (and their immediate family) of the Promoter or agencies connected with this Promotion are ineligible to enter into the Promotion.
An Eligible Entrant can only enter into the Promotion once.
By entering into the Promotion, an Eligible Entrant consents to the Promoter providing the name on their online entry form of the Promotion to VicRoads (or the equivalent regulator in any Australian state or territory) for the purpose of VicRoads verifying their age and driving history for the purpose of confirming eligibility of the Conditions of Entry to the Promoter.
An Eligible Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of entering and participating in the Promotion. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Conditions of Entry generally.
All prices stated are in Australian dollars and represent the recommended retail price (RRP) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDT) depending on the date. All times are stated using 24-hour time.
Key Dates
The Promotion commences at 09:00 on 4 September 2016 and closes at 17:00 on 16 October 2016 (Promotion Period).
A random draw from Eligible Entrants who have submitted a correct answer will take place at the Promoter’s office and will commence at 12:00 on 17 October 2016.
The winner of the Promotion will be notified by the Promoter via telephone and email and their name will appear on www.spokes.com.au on 19 October 2016.
How to Enter
To enter the Promotion, an Eligible Entrant must go to www.spokes.com.au (Website) and follow the instructions on the Website to complete their online entry form. A valid entry must include a completed entry form, which includes the full name, address, postcode, email address, contact phone number and date of birth of the Eligible Entrant. Furthermore, entry into the Promotion is subject to the Eligible Entrant correctly answering the following question: Which of the following statements is false about motorcycling ABS?An Eligible Entrant may, during the Promotion Period, be requested by the Promoter to resubmit their entry via the Website, if the Promoter considers the entry submitted to be ineligible to be accepted as a valid entry into the Promotion (Resubmitted Entry). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as a valid entry, is in the Promoter’s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion as a valid entry, the Resubmitted Entry will be deemed to be the entry for the Eligible Entrant for the remainder of the competition. If a Resubmitted Entry is rejected by the Promoter as an invalid entry, or is not received by the Promoter by 17:00 on 16 October 2016, the Eligible Entrant will not have gained an entry into the Promotion.
The Promoter accepts no responsibility for late, lost or misdirected entries or Resubmitted Entries to the Promotion. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries or Resubmitted Entries will be deemed invalid. Entries or Resubmitted Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entries or Resubmitted Entries will be considered final by the Promoter.
Prizes and Judging
At the conclusion of the Promotion Period, one (1) entrant will be randomly selected from the total pool of entrants. If this entrant is an Eligible Entrant in accordance with these Conditions of Entry and has correctly answered the question referred to in clause 10, that Eligible Entrant will be deemed the winner of the Promotion (Promotion Winner).
The Promotion Winner’s name and locality will appear on the Spokes website www.spokes.com.au on 19 October 2016.
Any random selection made by the Promoter is final and no correspondence will be entered into.
The Promotion Winner will win the major prize of the Promotion which is an experience to the Event valued up to $4,985 (including GST) (Prize) for them and a guest (Prize Companion). The Prize comprises the following elements:
(a) four (4 ) nights accommodation at the Silverwater Resort, Phillip Island Australia the type of room of which will be at the discretion of the Promoter and subject to availability;
(b) two (2) x three (3) day Grandstand tickets in the Gardner Grandstand at the Event;
(c) one (2) guest lap of the Phillip Island Grand Prix circuit (as defined in the Australian Grand Prix Act 1994 (Vic)(Act)(Circuit)) in a course car for two (2) people
(d) one (1) helicopter ride for two (2) people over the Circuit
(e) two (2) x Pit Lane walk passes at the Event; and
(f) one (1) x fifteen (15) minute Meet and Greet with The Legends at the Spokes Lounge at the Circuit.
Total maximum value of the Prize and its individual elements as a whole is $4,985 (including GST). The Prize and its individual elements are not transferable and cannot be exchanged for cash. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Any questions in this regards by the Eligible Entrants should be directed to their tax agent, the Australian Tax Office or Centrelink accordingly. The Promotion Winner obtaining Independent financial advice is recommended by the Promoter.
Redeeming a Prize is conditional on the Eligible Entrant’s acceptance of the Conditions of Entry as detailed by the Promoter. Acceptance of the Prize is subject to the Attendance Condition to the Event available at www.grandprix.com.au and at entrances to the Event (including but not limited to ground security and ticketing) as well as transport/services/transfers or tour providers, and in particular, health, behaviour, age and safety requirements, including the execution of a release and indemnity form if required by the Australian Grand Prix Corporation (AGPC). No compensation will be payable if the Promotion Winner is unable to use any element of the Prize as stated for whatever reason, including refusal of entry or ejection from the Event or participation in certain activities or events for health, age, behaviour or safety reasons. Any part of the Prize that is not taken for any reason is forfeited.
If an event within the Prize is cancelled, varied or rescheduled for any reason beyond the reasonable control of the Promoter or AGPC, then the winner will forfeit all rights to attend that part of the Prize or that event within the Prize and no cash or alternative tickets will be awarded in lieu of that element of the Prize.
The Promotion Winner and the Prize Companion are responsible for any further costs associated with redeeming the Prize which are not otherwise specified in these Conditions of Entry, including but not limited to, travel to and from the Event, accommodation, food and beverage expenses, spending money, insurance, additional entertainment and/or miscellaneous expenses.
The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize or any of its elements is obtained through any of these methods, it will not be honoured by the Promoter or the prize supplier.
The Promoter and AGPC are neither responsible nor liable for any change in the value of the Prize occurring between the date of printing and/or posting the Promotion materials and the date in which the Prize is claimed.
If the Prize or one of its elements is no longer capable of being redeemed by the Promotion Winner, the Promotion Winner will receive a prize as determined by the Promoter and AGPC, of equivalent or greater value (as if the original Prize had been awarded to that Eligible Entrant).
General Conditions
The Promoter and AGPC reserve the right to disqualify any Eligible Entrant, prohibit an Eligible Entrant’s participation in the Promotion, cancel a Prize or otherwise cease to provide any element of or benefit from a Prize, if an Eligible Entrant or winner acts in a way, or causes material to be published which the Promoter, in their sole discretion, deems to be inappropriate, aggressive, defamatory, offensive, to diminish the good name or reputation of the Promoter, or its products, or any of its related bodies corporate, or AGPC, to be in contrary to law or otherwise not in keeping with the spirit of the Promotion. For the avoidance of doubt, a winner can be disqualified after the winner is announced if they are found to have acted not in accordance with these Conditions of Entry. Failure by the Promoter or AGPC to enforce any of its rights at any stage does not constitute a waiver of those rights.
Without limiting any of the provisions of these Conditions of Entry, any entry into the Promotion that contains content that the Promoter, in its sole discretion, considers to be one or more of the following content types will not be considered for selection:
(a) content that depicts, alludes to or promotes offensive or illegal behaviour;
(b) content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) content that harasses or advocates harassment of another person;
(d) content that exploits people in a sexual or violent manner;
(e) content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(f) content that solicits personal information from anyone;
(g) content that provides any telephone numbers, street addresses, last names, URLs or email addresses;
(h) content that promotes information that an Eligible Entrant knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(i) content that promotes an illegal or unauthorised copy of another Eligible Entrant's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming";
(k) content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(m) content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(n) content that contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(o) content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
(p) content that includes an image or reference to another person that an Eligible Entrant has submitted without that person's consent; or
(q) content that uses sexually suggestive imagery or any other unfair, misleading or deceptive content.
By entering this Promotion, each Eligible Entrant warrants to the Promoter:
(a) that all their entry content is original;
(b) that they have the rightful power and authority to submit their entry in the name stated;
(c) that they own the content of entry in any way for use in any media worldwide and have the right to assign such copyright ownership in perpetuity and other Intellectual Property Rights in their entry to the Promoter;
(d) that their entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity;
(e) in respect of entries that include images or references to third parties or third party property, that they have obtained the required written consents and releases (if required by law) from those third parties (or third party property owners), before submitting their entry, to include them in their entry and submit that entry into the Promotion;
(f) that their entry is not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
(g) that their entry does not contain content that is contrary to the requirements or directions of relevant Regulators;
(h) that their entry has not been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
(i) that their entry does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(j) that their entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
(k) that during the course of creating their entry, their entry was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; or
(l) that the entry agrees that if their entry is accepted by the Promoter, it will be available on the Website for public viewing and that their entry may be used by the Promoter in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this Promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally.
The Promoter, AGPC and their associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any Eligible Entrant's negligence) in connection with using any Prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter and AGPC accept no responsibility if the Prize or an element of the Prize is lost or damaged in transit.
In the event of war, terrorism, state of emergency or disaster (including natural disaster) or any other circumstance beyond the reasonable control of the Promoter, the Promoter reserves the right to either provide alternative travel prizes (including to an alternative destination on an alternative date as specified by the Promoter) to the same value as the original Prize, or to cancel, terminate, modify or suspend the Promotion, subject to any written directions made under applicable State or Territory legislation.
An Eligible Entrant can only enter in their own name. The Promoter and AGPC reserve the right to request the Eligible Entrant to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm each Eligible Entrant’s identity, age, residential or email address, eligibility to enter and claim the Prize, and any information submitted by each Eligible Entrant in entering the Promotion, before issuing the Prize.
The Prize will only be awarded following any Eligible Entrant validation and verification that the Promoter requires in its sole discretion.
The Promoter reserves the right to verify the validity of entries on the Website and reserves the right to disqualify any Eligible Entrant for tampering with the Website and upload process or for submitting entries which are not in accordance with these Conditions of Entry, or if the Eligible Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
Costs associated with accessing the Website remain an Eligible Entrant’s responsibility and may vary depending on the Internet service provider used. Contact details entered incorrectly on the Website by an Eligible Entrant may deem an Eligible Entrant invalid.
The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly or post entries repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
The Promoter and AGPC will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter or AGPC.
Caution: any attempt to cause malicious damage or interference with the normal functioning of the Website or the information on the Website, or to otherwise undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Eligible Entrant, the Eligible Entrant agrees to indemnify the Promoter for those losses, damages and costs.
The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to Eligible Entrant's or any other entrant's mobile handset or computer related to, or resulting from, participation in the Promotion or the downloading of any materials related to the Promotion.
If for any reason this Promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, subject to any applicable legislation.
Each Eligible Entrant indemnifies, and must defend and hold harmless, the Promoter and AGPC and their employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Eligible Entrant of any of these Conditions of entry; any third party claim arising directly or indirectly from a breach by the Eligible Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Eligible Entrant; fraudulent or dishonest acts or omissions by the Eligible Entrant; any breach by the Eligible Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Eligible Entrant entering this Promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Eligible Entrant; and any claim or allegation that the entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
A Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (“Notification”) to the Promoter in respect of any entry. Except for Regulators, Notifications must be submitted to the Promoter in accordance with the process advised by the Promoter on the Website.
If the Promoter receives a Notification in respect of any entry, the Promoter will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant entry should be removed.
If the Promoter receives a Notification in respect of any entry, the Promoter will notify the Eligible Entrant in writing as soon as possible, generally within two (2) business days of receiving such Notification (Notification Letter). The Notification Letter may (a) notify the Eligible Entrant that their entry has been deemed invalid; or (b) request the Eligible Entrant to respond to the Promoter within two (2) business days of receiving such a Notification Letter and where a Notification Letter requires a response or action from the Eligible Entrant, the Eligible Entrant must respond and fully comply with the relevant Notification Letter within the timeframe(s) set out in the Notification Letter to ensure compliance with any relevant Laws and/or the requirements of a Regulator. An Eligible Entrant must do all things necessary to assist the Promoter with such an investigation, including providing the Promoter with any material, documents or information it may require within the timeframes advised by the Promoter. The Eligible Entrant acknowledges and agrees that: where a Notification Letter requires a response or action from the Promoter, the Promoter may, without any liability, take any steps necessary in order to respond or comply with such Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Eligible Entrant.
By entering the Promotion, an Eligible Entrant absolutely and unconditionally assigns (and agrees to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign) all right, title and interest in all Intellectual Property Rights in their entry. Each Eligible Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their entry in the Promoter. The Eligible Entrant expressly acknowledges and agrees that Promoter (or its agencies) may record and reproduce on digital media, film, tape, photograph and by other means, their entry. The Promoter (or its agencies) may use their entry and in any way in any media in Australia, including on the Website for the purposes of marketing and promoting the Promoter’s brands and product lines without further consent of the Eligible Entrant and without any payment or compensation payable to the Eligible Entrant. The Promoter (or its agencies) may edit the image or video in any way and may modify, adapt, alter and create derivative works from the image or video.
Each Eligible Entrant expressly consents to the Promoter and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting and/or translating, in any manner or context, their entry notwithstanding that such conduct may infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible, a waiver of all moral rights.
An Eligible Entrant agrees that, if they are declared the Promotional Winner they will not disclose any information whatsoever (creative or otherwise) about their entry without the Promoter’s prior written approval in each instance. Any disclosure whatsoever about their entry without the prior written approval of the Promoter may subject that Eligible Entrant to substantial monetary damages. If the Promoter or AGPC suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by the Eligible Entrant, the Eligible Entrant agrees to indemnify the Promoter and AGPC for those losses, damages and costs.
All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names and products will remain or be vested in the Promoter. Participation in this Promotion by an Eligible Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products. The Promoter, on a case by case basis and to the extent required, grants to each Eligible Entrant a non-exclusive licence for the Promotion Period use of the Promoter’s brands, logos, trading names and products solely for the purpose, and to the extent necessary, to enable each Eligible Entrant to create their entry.
All Eligible Entrants agree that, if they are declared the Promotional Winner, a winner, they consent to the Promoter and AGPC using the Eligible Entrant's entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this Promotion (including any outcome) or the Event, and promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Eligible Entrants agree to participate in all reasonable promoted activities in relation to this Promotion as requested by the Promoter and its agents.
All entries and any copyright subsisting in entries become and remain the property of the Promoter. The Promoter collects personal information about Eligible Entrants to include Eligible Entrants in the Promotion and where appropriate award prizes. If the personal information requested is not provided, the Eligible Entrants may not participate in the Promotion. By entering the Promotion, each Eligible Entrant also acknowledges that a further primary purpose of collection of Eligible Entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact Eligible Entrants in the future with information on special offers or provide Eligible Entrants with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies and promotional partners who may contact Eligible Entrants with special offers in this way. By entering the Promotion, each Eligible Entrant agrees that the Promoter may use Eligible Entrants’ personal information in this manner.
All personal information will be stored at the office of the Promoter. Entrants can also gain access to, update or correct any personal information by contacting the Promoter at the address below. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.
In these Conditions of Entry the following meanings apply
Intellectual Property Rights means all existing or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
Laws means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles.
Lossesmeans loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.
Regulatorsmeans any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the Australian Competition and Consumer Commission, the Office of the Privacy Commissioner, the Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.
The Promoter encourages consumers to enjoy alcohol in moderation. Legal aged cons