Win the ultimate Volkswagen driving experience!

 “VOLKSWAGEN ULTIMATE DRIVING EXPERIENCE”
TERMS AND CONDITIONS
1. 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.
2. Subject to Clause 3, entry is only open to Australian residents who will be available to
attend the Kennards Hire Rally Australia on 19/11/16 and 20/11/16 on the Coffs Coast
(“the Event”). Entrants must be 18 years old or over to enter and must have a valid
full Australian driver’s license and be able to participate in the Major Prize (defined in
clause 13).
3. Employees (and their immediate families) of the Promoter, 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 first cousin.
4. The promotion commences at 10:00am AEST on 27/10/2016 and ends at 11:59pm
AEST on 10/11/2016 (“Promotional Period”).
5. To enter, individuals must, during the Promotional Period, go to the Volkswagen WRC
web page (volkswagenaustralia.com.au/WRC), follow the prompts to the promotion
entry page, input the requested details and answer the following question: If you
were behind the wheel of the rally inspired Polo GTI, who would be your co-driver
and why? (“the Question”).
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 to disqualify
any entrant who submits an entry that is not in accordance with these Terms and
Conditions or who tampers with the entry process. Errors and omissions will be
accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its
rights at any stage does not constitute a waiver of those rights.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry is permitted per person.
9. 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.
10. This is a game of skill and chance plays no part in determining the winner. Each entry
will be individually judged based on the literary and creative merit of the answer
provided to the question.
11. The judging will take place at Mango Communications, Level 3, 46-52 Mountain
Street, Ultimo NSW 2007 on 11/11/2016. 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. A panel comprising of a
representative of Volkswagen and Mango Communications will judge the nominations
and the panel’s decision will be final. The winner will be notified by telephone and in
writing prior to 14/11/16.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The best entry, as determined by the judges as the most creative and inspiring from
all entries received during the Promotional Period, will be provided with the following
prizes:
a) Major Prize: One (1) double pass to the Event on 19/11/16 and 20/11/16 on the
Coffs Coast, NSW, two flights from the winners closest capital city to Coffs Harbour,
one night twin share accommodation, two flights from Coffs Harbour to Melbourne,
one double pass to the Volkswagen Driving Experience on 21/11/16 and two flights
from Melbourne to the winners closest capital city. The prize is valued at $8,000
excluding GST.
b) Prizes: Six (6) double passes to the Event on 19/11/16 and 20/11/16 on the Coffs
Coast, NSW, two return flights to Coffs Harbour and one night twin share
accommodation. Each double pass is valued at $6,000 excluding GST.
14. If a winner resides on the Coffs Coast, NSW, the winner and their companion will not
receive flights or return airport transfers and cash will not be awarded in lieu of the
flights and airport to hotel transfers.
15. The winner, must at the Promoter’s 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.
16. Any other ancillary costs with accepting the Prize and attending the Event will be the
responsibility of the winner and his or her companion. The winner and their
companion must abide by the Event’s entry terms and conditions.
17. If for any reason a winner does not take the 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.
18. 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.
19. The total Prize pool value is up to $44,000 excluding GST.
20. The prize, or any unused portion of the prize, is not transferable or exchangeable and
cannot be taken as cash, unless otherwise specified.
21. Entrants agree that they are fully responsible for any materials they submit via the
promotion including but not limited to comments, recordings and images
(“Content”). The Promoter shall not be liable in any way for such Content to the full
extent permitted by law. The Promoter may remove or decline to publish any Content
without notice for any reason whatsoever. Entrants warrant and agree that:
a) they will not submit any Content that is unlawful or fraudulent, or that the
Promoter may deem in breach of any intellectual property, privacy, publicity
or other rights, defamatory, obscene, derogatory, pornographic, sexually
inappropriate, violent, abusive, harassing, threatening, objectionable with
respect to race, religion, origin or gender, not suitable for children aged under
15, or otherwise unsuitable for publication;
b) their Content shall not contain viruses or cause injury or harm to any person
or entity;
c) they will obtain prior consent from any person or from the owner(s) of any
property that appears in their Content;
d) the Content is the original artistic work of the entrant that does not infringe
the rights of any third party;
e) they consent to any use of the Content which may otherwise infringe the
Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968
(Cth) and warrant that they have the full authority to grant these rights; and
f) they will comply with all applicable laws and regulations, including without
limitation, those governing copyright, content, defamation, privacy, publicity
and the access or use of others' computer or communication systems.
22. Without limiting any other terms herein, the entrant agrees to indemnify the
Promoter for any breach of the above terms.
23. In accepting the Prize, the winner agrees to do so at their own risk and accept
responsibility for his/hers own safety. The winner agrees to comply with the Promoter
and the Promoter’s representatives directions and have disclosed any injuries,
disabilities, diseases or ailments or other health concerns (“health concerns”)
which may affect safe participation or the ability to safely take part in accepting the
Prize. The winner agrees to immediately notify the Promoter and/or the Promoter’s
representatives on the occurrence of any change in his/her health or the
development of any health concerns. The winner/s agree to abide by any decision the
Promoter and/or Promoter’s representatives (in their absolute discretion) may make
in relation to the winners continued participation or non-participation in the Prize.
24. As a condition of accepting the prize, the winner (and his/her companion) must
complete and sign any legal documentation as and in the form required by the
Promoter and/or prize suppliers in their absolute discretion, including but not limited
to a legal release and indemnity form.
25. As a condition of entering this promotion, each entrant licenses and grants the
Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual,
worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt,
publish and display their entry (which shall include Content) for any purpose,
including but not limited to future promotional, marketing or publicity purposes, in
any media, without compensation, restriction on use, attribution or liability.
26. Entrants consent to the Promoter using their name, likeness, image, entry and/or
voice in the event they are a winner or Participant (including photograph, film and/or
recording of the same) 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.
27. 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, including but not limited to technical difficulties, unauthorised intervention
or fraud, the Promoter 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.
28. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
29. 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”). Except for any liability that cannot by law be
excluded, including the Non-Excludable Guarantees, the Promoter (including their
respective officers, employees and agents) excludes 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 the promotion.
30. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including their respective officers, employees and
agents) is not responsible for and excludes 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 Promoter’s 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 Promoter) due to any reason beyond the reasonable control of the
Promoter; (d) any variation in prize value to that stated in these Terms and
Conditions; (e) if the Event is delayed, postponed or cancelled for any reason beyond
the reasonable control of the Promoter; (f) any tax liability incurred by a winner or
entrant.
31. 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 and prize suppliers. Entry is conditional on
providing this PI. The Promoter will also use and handle PI as set out in their Privacy
Policy, which can be viewed at
http://www.volkswagen.com.au/en/tools/navigation/footer/privacy.html. In addition
to any use that may be outlined in the Promoter’s Privacy Policies, the Promoter may,
for an indefinite period, for entrants that have opted in, use the PI for promotional,
marketing, publicity, research and profiling purposes, including sending electronic
messages or telephoning the entrant. The Privacy Policy also contains information
about how entrants may opt out, access, update or correct their PI, how entrants may
complain about a breach of the Australian Privacy Principles or any other applicable
law and how those complaints will be dealt with. All entries become the property of
the Promoter. The Promoter will not disclose entrant’s personal information to any
entity outside of Australia.
32. Entry and continued participation in the promotion is dependent on entrants
following and acting in accordance with the Facebook Statement of Rights and
Responsibilities, which can be viewed at www.facebook.com/terms.php.
33. This promotion is in no way sponsored, endorsed or administered by, or associated
with, Facebook. Entrants understand that they are providing their information to the
Promoter and not to Facebook. The information an entrant provides will only be used
for the purposes outlined in these Terms and Conditions. Any questions, comments or
complaints about this promotion must be directed to the Promoter and not to
Facebook. Facebook will not be liable for any loss or damage or personal injury which
is suffered or sustained by an entrant, as a result of participating in the promotion
(including taking/use of a prize), except for any liability which cannot be excluded by
law.
34. All entries submitted become the property of the Promoter. Entries will not be
returned to any entrant. As a condition of entering into this promotion, each entrant
agrees to assign all of their rights, title and interest (including copyright) in and to
their entry to the Promoter. Each entrant warrants to the Promoter that each entry
submitted is an original literary work of the entrant that does not infringe the rights of
any third party. The entrant agrees to indemnify the Promoter against all costs and
claims by third parties arising from a breach of this warranty. Entrants consent to any
use of their entry which may otherwise infringe their moral rights pursuant to the
Copyright Act 1968 (Cth).
35. These Terms and Conditions are governed by, and are construed in accordance with,
the laws enforceable in New South Wales, Australia. The winners submit to the
exclusive jurisdiction of the courts exercising jurisdiction in New South Wales,
Australia and any court hearing appeals from those courts.
36. The Promoter is Volkswagen Group Australia Pty Ltd (ABN 14 093 117 876) of 24 Muir
Road, Chullora, NSW 2190. Telephone: 02 9695 6000.