High Sierra – Win The Ultimate V8 SuperCar Experience September 2014
TERMS AND CONDITIONS
FACEBOOK “THE ULTIMATE RACE DAY EXPERIENCE WITH HIGH SIERRA” COMPETITION
The following Terms and Conditions apply to the Samsonite Australia & New Zealand (on behalf of High Sierra Australia & New Zealand) “THE ULTIMATE RACE DAY EXPERIENCE WITH HIGH SIERRA” Competition (the “Competition”):
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ABOUT THE COMPETITION
1. The Competition is run by Samsonite Australia Pty Ltd (ABN 310 063 63 248) of 5 Anzed Court, Mulgrave Victoria 3170. Telephone (03) 9549 3444.
2. The Competition opens at 10:00 (AEST) on Wednesday, 13th August (the “Opening Date”) and closes at 10:00 (AEST) on Thursday, 28th August 2014 (the “Closing Date”). Entrants can enter only once during the duration of the Competition
3. The Competition consists of 2 major prize packages.
4. The competition will be run through a Facebook application on the High Sierra Australia & New Zealand Facebook page. In order to enter the Competition entrants are required like the High Sierra Australia and New Zealand Facebook page, fill out a customised entry form (name, email address, contact number, date of birth), tick that they understand the competition Terms and Conditions and submit entry.
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ELIGIBILITY
5. The Competition is only open to Entrants currently residing in Australia and New Zealand and are aged 16 years or over. The Competition is specifically closed to employees of Samsonite Australia and New Zealand, any associated companies, their agencies and their immediate families and anyone else connected with the creation and administration of the promotion.
6. 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 1st cousin.
7. There is a limit to one entry per Facebook account. No entries shall be accepted before the Opening Date or after the Closing Date. Third party or bulk entries will not be accepted and entries not in accordance with the entry instructions are invalid.
8. Your entry must not disparage Samsonite or any other party affiliated with the promotion or administration of the Competition. Samsonite Australia & New Zealand reserves the right, at its sole discretion, to disqualify any entry which it believes is in breach of this clause.
9. Entrants will be notified by a thank you page to confirm their entry has been received. Samsonite Australia & New Zealand does not accept any responsibility for any Entries not being properly recorded or received. Samsonite Australia & New Zealand does not accept any responsibility for any network congestion, technical failure or other problem which results in any Entries not being properly recorded or received.
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PRIZES
10. Two (2) entrants will each win the major prize.
The Major Prize includes:
· 2 x GA Adult tickets to Sandown event (Friday 12th September – Sunday 14th September- Trackside): RRP: $130 per ticket
· 2 x Hot Lap Ride invitations to Calder Park event on Tuesday 16th September
· 2 x High Sierra Fatboy backpacks signed by the BOC team. RRP: $49.00 each
Total Major Prize components:
4 x GA Adult tickets to Sandown event: RRP $520
4 x Hot Laps invitations to Melbourne event at Calder Park
4 x High Sierra Fatboy backpacks signed by the BOC team. RRP: $196
Total major prize value = RRP $716
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WINNERS
11. The Competition will have two (2) Major Prize Winners.
Major prize winners will be determined based on game of chance and the winners will be randomly selected electronically. The drawer and announcement will take place at Samsonite Australia & New Zealand- 5 Anzed Court, Mulgrave VICTORIA, on Friday 29th August 2014 at 11am. If the winner is unable to be contacted or cannot accept the mentioned prize, a redraw will take place at 5 Anzed Court, Mulgrave VICTORIA on Wednesday 3rd September 2014 at 11am.
12. The Winners shall be initially contacted by e-mail or telephone. Upon confirmation of winners, High Sierra will direct the winners as to where to collect their prizes/tickets on Race Day and further information regarding Hot Laps invitation.
Sandown Raceday event will be held at 591-659 Princes Hwy, Springvale VIC 3171.
Hot Laps Event will be held at the Calder Park Thunderdome, 377 Calder Fwy, Calder Park VIC 3037
Prize winners are responsible for their own transport to and from the Melbourne event at Sandown (591-659 Princes Hwy, Springvale VIC 3171) and Hot Laps Drive Day (Calder Park Thunderdome, 377 Calder Fwy, Calder Park VIC 3037). Prize winners are responsible for own accommodation and any further expenses during these events.
13. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants are providing their information to Samsonite Australia & New Zealand and not to Facebook. The information provided will only be used for purposes as detailed in clause 19.
14. Samsonite Australia & New Zealand shall not be liable for any claims or complaints of any nature with respect to the Prize. Winners may not choose alternative sizes, colours or models. There is no cash alternative and the Prize is not negotiable, transferable or returnable.
15. The Winners agree not to sell, offer to sell or use the Prize for any commercial or promotional purposes (including the Prize on an internet auction site).
16. The winners of the BOC Hot Laps experience must adhere to the Team BOC Terms & Conditions as found in section 38. Competition winner must acknowledge that they will need to sign a ‘release of liability and indemnity form’ on the day of the Hot Laps Experience, provided by Team BOC.
17. By entering this Competition, Entrants expressly authorise Samsonite Australia & New Zealand, without further consideration, to transmit, reproduce, communicate and broadcast Entries on High Sierra Australia & New Zealand’s social media channels for the purposes of presenting and promoting the Competition (“Marketing”).
18. The Winners agree to take part in post-Competition publicity at the request of Samsonite Australia & New Zealand. By entering the Competition, Entrants agree to High Sierra’s unrestricted use of any post-Competition publicity for High Sierra’s own purposes in all activities, without limitation, marketing and promotional activities worldwide including use on the High Sierra’s websites and social media channels.
19. Information regarding personal data provided in the Entry will be held and processed in a database for the purpose of managing entry into the Competition. The information will not be used for any other purpose than as stated in these Terms & Conditions or as separately accepted by you. If you have opted in to receive to receive communications from High Sierra Australia & New Zealand or any other party then your personal data may be used by them for such purposes, including direct marketing.
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GENERAL
20. 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 may 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.
21. The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information that have been submitted through the use of multiple identities, email addresses or accounts.
22. Incomplete or indecipherable entries will be deemed invalid
23. 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.
24. The Promoter’s decision is final and no correspondence will be entered into
25. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
26. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
27. 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, subject to any written directions from a regulatory authority.
28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
29. Entrants consent to the Promoter using their name, likeness and image in the event they are a winner (including photograph) 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.
30. 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 reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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.
32. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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) any tax liability incurred by a winner or entrant; or (f) participation in a prize.
33. As a condition of accepting the prize, the winner must 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.
34. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. By providing your email address, you grant the promoter, Samsonite Australia and New Zealand, the right to send you promotional email messages. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
35. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
36. Any personal data that you provide will be held and processed in accordance with the requirements of the 1998 Data Protection Act.
37. Samsonite Australia & New Zealand reserves the right to amend these Terms and Conditions and/or cancel the Competition at its sole discretion.
TEAM BOC TERMS AND CONDITIONS
38. Specific Hot Lap Ride Eligibility
(a) The person must be older than 16 and cannot be taller than 190cm and 95 kilograms with a waist measurement no greater than 97cm.
(b) The person must be prepared to sign a ‘release of liability and indemnity form’ that contains these sections:
1. Acknowledgement of participation
2. Confirmation of medical status
3. Acknowledgement of risk
4. Release of liability
5. Indemnity
(c) A 16 to 18 year old must have a parent present to sign the above ‘release of liability and indemnity form’ before the ride can commence.
Permit Numbers:
NSW: LTPS/14/05963
ACT: 14/02654