Polaris Australia – Win a 2018 Polaris Ranger 570 HD EPS valued at $16,495
POLARIS “[FOUR LEGS TO WIN FOUR WHEELS]” COMPETITION TERMS AND CONDITIONS
This competition (“Competition”) is conducted by Polaris Sales Australia Pty Ltd ABN 62 088 081 949, of 36 Grimes Crt, Derrimut Victoria 3030, 03 9394 5610 (“Promoter”).
1. All entry instructions, Prize information, the Prize and advertising material published by the Promoter form part of these terms and conditions. By entering and participating in this Competition, entrants are deemed to have acknowledged and accepted these terms and conditions.
2. To be eligible to enter the Competition and win the Prize an entrant must be an Eligible Entrant.
3. To be an Eligible Entrant a person must:
a. be aged 18 years or over;
b. hold a current and valid Australian Driver’s licence;
c. submit a photo containing a Polaris vehicle(s) and a dog(s) (“Photo”) to the relevant section of the Polaris Facebook page [www.facebook.com/PolarisAustralia] (“Facebook Page”) as specified by the Promoter;
d. be in possession of or have access to the Polaris vehicle(s), dog(s) and location depicted in the Photo when the Prize is awarded; and
e. comply with these terms and conditions.
4. Directors, management or employees, or their immediate family members, of the Promoter or its related entities, companies or agencies associated with the Competition are ineligible to enter the Competition.
5. The Competition commences when the first advertisement advertising the Competition is posted by the Promoter to the Facebook Page and closes at 5.00pm AEST on 30 November 2017, unless extended by the Promoter in its sole discretion (“Entry Period”).
6. Entries received by the Promoter outside the Entry Period (irrespective of when they were sent) will only be included in the Competition at the Promoter’s sole discretion.
7. Eligible Entries will be deemed received at the time that the Promoter is satisfied that all necessary requirements under these terms and conditions have been met at the time the Photo is submitted to the Facebook Page. Incomplete, indecipherable, incomprehensible or inappropriate entries will be deemed invalid. The Promoter takes no responsibility for late, lost, incomplete, indecipherable or incorrectly submitted, misdirected or invalid entries, delays or failures in any equipment or telecommunications service used to administer this Competition.
8. The Promoter may, in its absolute discretion, declare an Eligible Entrant’s entry invalid or disqualify any entrant that tampers with the entry process or benefits from such tampering, submits an entry that is incomplete, inappropriate or not in accordance with these terms and conditions, or otherwise acts in a manner that is disruptive, dishonest or calculated to jeopardise the fair and proper conduct of this Competition.
9. The Promoter reserves the right to require an entrant to verify the validity of their entry within a time specified by the Promoter, including but not limited to an entrant’s identity, eligibility, age, address, the entrant’s continued possession of, or access to, the Polaris vehicle(s), dog(s) or location in the Photo, and to disqualify any entrant who does not satisfy any entry criteria in these terms and conditions. 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. Errors and omissions may be accepted at the Promoter’s sole discretion. Proof considered suitable for verification is at the Promoter’s discretion.
10. Eligible Entrants may submit multiple Eligible Entries.
11. This Competition is a game of skill and chance plays no part in determining the Prize Winner. The Prize will be awarded to the Eligible Entrant that submits the Eligible Entry that the Promoter considers best represents the Polaris brand and Australian farming life, based on its creativity and originality, and appropriateness to use in Polaris promotional material, as determined by the Promoter’s judges in their absolute discretion (“Prize Winner”). The Promoter’s decision is final and no correspondence will be entered into.
12. Eligible Entrants are required to take full responsibility for the entry content and for ensuring that the entry content complies with these terms and conditions. “Entry content” includes any content (including text and photos) that Eligible Entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Competition. Entries must be the Eligible Entrant’s original work. The Promoter reserves the right to verify, or to require the Eligible Entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an Eligible Entrant’s entry. Entry content must not include:
a. any image of any other person without that person’s express consent. Eligible Entrants warrant that if such an image is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, including any road rules, or that depicts unsafe or inappropriate use of the Polaris vehicle or endangers any of the people depicted in the Photo, including, but not limited, to the persons in the Photo not wearing appropriate protective gear or seatbelts;
c. any content that infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
d. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the Eligible Entrant is entitled to do so. If an Eligible Entrant has any doubts about whether they have the right to include any content they must not include it. By including any such content in their entry, the Eligible Entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these terms and conditions.
13. The Promoter reserves the right to disqualify a Prize Winner if the Promoter becomes aware that the Prize Winner and/or the Prize Winner’s entry is of a type described in clause 12.
14. There is one (1) Prize to be won. The Prize is:
a. a 2018 Polaris Ranger 570 HD EPS – Model Number R18RME57N4 (“Prize Vehicle”); and
b. the publication of the Prize Winner’s Photo on the front cover of the 2018 Polaris product
15. The total prize pool for the Competition is valued at AUD $16,495.00.
16. The Prize Vehicle will be delivered to the Prize Winner’s nearest Polaris dealership. The Prize Winner is responsible for collecting the Prize Vehicle from the Polaris dealership. Any costs associated with the collection of the Prize Vehicle from the Polaris dealership is the sole responsibility of the Prize Winner.
17. The Prize or any element of the Prize is not transferable, exchangeable or redeemable for cash. Prize values are in Australian dollars and are correct at the time of printing. The Promoter accepts no responsibility for any variation in the value of the Prize.
18. The Prize Winner will be announced and published by the Promoter on Facebook on 8 December 2017 and will be contacted via telephone. In the event that the Prize Winner cannot be contacted or does not accept the Prize, the Prize will be forfeited. Despite the Prize Winner forfeiting the Prize, the Promoter may still use the Eligible Entry and Photo in accordance with these terms and conditions. If for any reason the Prize Winner does not receive the prize, including because it does not accept the Prize, or for any other reason contemplated in these terms and conditions, the Promoter will offer the Prize to the Eligible Entrant whose Eligible Entry it judges to be the next best having regard to the criteria and procedure set out in paragraph 11.
19. The Prize and any element of the Prize must be taken in whole when offered or will be forfeited. The Prize is not transferable or exchangeable.
20. If requested by the Promoter in its absolute discretion, the Prize Winner must attend a photo shoot with a photographer appointed by the Promoter to “recreate” the Prize Winner’s Photo (“Photo Shoot”). The Promoter may request the Prize Winner attend the Photo Shoot at a time and place specified by the Promoter, and for any reason, including but not limited to, the quality of the Photo not being fit to be included on the cover of the Promoter’s 2018 Polaris brochure. The Prize Winner must have possession and access to the Polaris vehicle(s), dog(s), individual(s) and location, as depicted in the Photo at the time of the Photo Shoot. If the Prize Winner does not have possession or access to the Polaris vehicle(s), dog(s), individual(s) location or fails to attend the Photo Shoot, the Prize Winner will forfeit the Prize. The Promoter may elect, in its sole discretion, not to use any content created at the Photo Shoot. If the Photo cannot be recreated to the sole satisfaction of the Promoter, including due to the Prize Winner’s lack of access, possession or non-attendance of the Polaris vehicle(s), dog(s), individuals or location depicted in the Photo, the Prize Winner will forfeit the Prize.
21. The Prize Winner acknowledges and agrees that it is solely responsible for any costs or expenses associated with attended and participating in the Photo Shoot and is not entitled to any compensation, payment or reimbursement for being involved in, or attending, the Photo Shoot.
22. The Prize Winner must comply with any direction given by the Promoter or photographer at the Photo Shoot. The Prize Winner agrees to sign any documentation, including any consents or releases, as required by the Promoter or the photography as a condition of participating in the Photo Shoot. The Promoter reserves the right to prohibit the Prize Winner from participating in the Photo Shoot if the Promoter determines, in its absolute discretion, that the Prize Winner is not in the mental or physical condition necessary to safely and responsibly participate.
23. The Prize Winner must prove their identity to the Promoter’s satisfaction by providing any signed documents and identification requested by the Promoter. The Prize will not be awarded if legitimacy or identity of the Prize Winner cannot be confirmed.
24. Any additional costs not expressly stated, but which may be incurred in the acceptance and use of the Prize, are the sole responsibility of the Prize Winner.
25. If for any reason this Competition is not capable of running as planned, or is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, weather event, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to the approval of any relevant gaming authorities where required.
26. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorised access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); or (v) any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a Prize.
27. All of the Promoter’s decisions in relation to all aspects of this Competition are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. ThePrizeWinneracceptsthePrizeattheirownrisk.Anytaxliabilityarisingasaresultofaccepting the Prize is the responsibility of the Prize Winner. Independent financial or legal advice should be sought.
29. TheEligibleEntrantsandthePrizeWinneragreestotransfertothePromoterownership,including moral rights or any other intellectual property or proprietary rights, it may have in the Photo or Eligible Entry. Eligible Entrants and the Prize Winner expressly agree that the Promoter may use Eligible Entries and Photos in its promotional material, including, without limitation, on Facebook, on other social media platforms, online, in hard copy flyers, and in point of sale material. The Eligible Entrants and Prize Winner acknowledge and agree that neither they nor any third party shall be entitled to any fee, royalty or other consideration in respect of such transfer of ownership.
30. 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 Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), as well as any other
applicable implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
31. The Promoter, its associated companies and agencies and any of their personnel (the ” Relevant Parties”) exclude all liability, except for any liability that cannot be excluded including the Non- Excludable Guarantees, for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition, the Photo Shoot or the Prize, including without limitation: (i) any indirect, special, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death. To the extent that such liability cannot be excluded by law, it is limited to the minimum allowable by law.
32. The Prize Winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding winning the Prize, free of charge, and consent to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise.
33. The Promoter may republish, distribute or use any Eligible Entry for promotional purposes and Eligible Entrants agree to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise.
34. This Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. and Entrants expressly release Facebook, Inc. for any loss or damage suffered as a result of participating in the Competition.
35. Entrants’ personal information is collected from entrants by or on behalf of the Promoter to enable the Promoter and its agents to manage, administer and promote the Competition and, where applicable, publicise the Prize Winner. The personal information may also be provided to persons assisting the Promoter, including Prize suppliers and deliverers, marketing agencies and IT providers, and to media outlets and related companies. The Promoter will disclose entrants’ personal information and/or collect personal information about entrants in its business functions and activities and for the purposes detailed in this statement. The Prize Winner’s name and any images submitted to the Promoter, including from the Photo Shoot, may also be published on the Promoter’s website and social media platforms run by the Promoter. By participating in the Competition, Eligible Entrants consent to these uses and disclosures of their personal information.
37. Entry into the Competition also entitles the Promoter and any related companies that use the Polaris brand (“we”/”us”) to let the Eligible Entrant know from time to time about news, offers, products and services they might be interested in (by any medium, including telephone, email, mail, SMS or online marketing). In order to carry out direct marketing, entrants’ personal information will be collected from and disclosed to others that provide us with specialised data
matching, trending or analytical services, as well as general marketing services. We, and other people who provide us with services, may combine the personal information collected from entrants or others, with the information we, or other companies in the Polaris Sales Australia Pty Ltd group, or our service providers already hold about entrants. We may also use online targeted marketing, data and audience matching and market segmentation to improve advertising relevance. It is a condition of entry that Eligible Entrants consent to receive the Promoters marketing communications, although Eligible Entrants may opt out of, or unsubscribe from, receiving marketing communications at any time, under applicable legislation.