Harley Davidson – Complete a free test ride at participating dealership to – Win You a Dream Touring Adventure (prize valued at $4,800)

HARLEY-DAVIDSON DEMO CAMPAIGN 2018
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
AND
visit https://ridefree.harley-davidson.com/en_AU/ and complete the Harley-
Davidson Touring Model test ride form between 8 October 2018 and 15
December 2018 (‘Promotion Period’); and
Complete the test ride at a participating Australian or New Zealand Harley-
Davidson dealership between 8 October 2018 and 22 December 2018.
To enter:
1. Entrants must:
a. enter online during the Promotion Period by completing and submitting
either;
i. the Harley-Davidson Touring Model test ride form at
(https://ridefree.harley-davidson.com/en_AU/); or
ii. The Harley-Davidson Touring model facebook lead form
b. complete the free test ride on a Touring Model motorcycle at a
participating Australian or New Zealand Harley-Davidson dealership
by midnight on 22 December 2018.
2. Entries submitted after 15 December 2018 will not be accepted.
3. Entrants will be entered into the prize draw after they have completed their
test ride at a participating Harley-Davidson dealership in Australia or New
Zealand.
4. All entries must include the entrant’s name, address, daytime contact number,
date of birth and email address.
2
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. 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).
3. 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.
4. 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.
5. Incomplete, indecipherable, or illegible entries may be deemed invalid. For example,
entries which do not include the entrant’s name, address, daytime contact number and
email address will not be accepted.
6. Only one (1) entry permitted per person (regardless of the number of test rides taken).
Entrants cannot enter via more than one Harley-Davidson competition website.
7. 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.
8. Promotion starts at 0.01 on 08/10/2018 and ends at 23.59 (Sydney local time) on
15/12/2018 (“Promotional Period”).
9. The draw will take place at 1 Sirius Road, Lane Cove West, Sydney Australia at
10.00am (Sydney local time) on 07/01/2019. The first valid entry drawn will win the
prize.
10. The winner will be notified by telephone, email and/or mail within 24 hours of the draw.
The winner’s names and suburbs will be published on www.harley-davidson.com on
10/01/2019.
11. The Promoter will make all reasonable efforts to contact the winner. However, if
necessary, the Promoter will hold a second chance draw on 8 April 2018 at the same
time and place as the first draw in order to distribute any unclaimed prize. Any second
chance winners will be notified by telephone and email and/or mail within 24 hours of
the draw. The names and suburbs of any second chance winner will be published on
www.harley-davidson.com on 9 April 2018.
3
12. The prize comprises:
a. the loan of a Harley-Davidson Touring Motorcycle for 1 week (estimated value of
$AU1,600/$NZ1,745; and
b. spending money of $AU3,200/$NZ3,490
The motorcycle loan must be used before 1 October 2019.
Total value of the Prize is estimated to be a maximum of $4,800AUD/$5,235NZ
13. All taxes (excluding GST) which may be payable as a consequence of receiving the
prize are the sole responsibility of the prize winner.
14. The prize does not include any other taxes, expenses, insurance costs (including,
without limitation, the cost of comprehensive vehicle insurance for the motorcycle
during the loan period) or other incidental expenses not specifically stated. These
expenses are the responsibility of the winner. The winner must take out
comprehensive vehicle insurance (with an insurer approved by H-DA) covering his/her
use of the motorcycle during the loan period, and will be solely responsible for the
costs of that insurance coverage.
15. The winner must start the motorcycle loan on or before 23/09/2019. If the winner has
not started the motorcycle loan before this date, or otherwise elects not to take the
loan component of the prize, s/he will forfeit the loan component of the prize and this
aspect of the prize will not be re-offered.
16. The winner may choose the make and model of HARLEY-DAVIDSON® touring
motorcycle they wish to loan as part of the prize, subject to availability, suitability and
rider’s stated riding ability, as determined by the Promoter, and at the Promoter’s
discretion. The Promoter has the absolute right to require the winner to select an
alternative motorcycle based on those criteria.
17. The winner must pick the motorcycle up from, and return it to, the winner’s nearest or
preferred Harley-Davidson dealer.
18. The winner must not carry pillion passengers when using the HARLEY-DAVIDSON
motorcycle provided as part of the prize.
19. Before the prize is awarded, the winner will be required to sign a motorcycle user
indemnity deed in relation to his/her use of the HARLEY-DAVIDSON motorcycle.
Award of the prize is conditional upon the winner signing this deed. The winner will be
given a reasonable opportunity to review and consider the deed before s/he is required
to sign it. The motorcycle user indemnity deed sets out certain rules and
responsibilities for users of motorcycles owned by the Promoter. These include
responsibilities to:
a. pay the Promoter or its Affiliates up to AU/NZ$1,000 towards the costs of repairing
or replacing any Promoter-owned motorcycle which is damaged, lost or stolen as
a result of any incident due to the user’s negligence, recklessness, intentional
misconduct or breach of the deed; and
b. reimburse the Promoter and its Affiliates for all their expenses relating to:
(i) any claim the user or its heirs make against them when the user has agreed
not make such a claim;
4
(ii) any claim made against them to the extent that it relates to the user’s negligent
or reckless use or intentional misuse of a Promoter-owned motorcycle; or
(iii) the seizure of a Promoter-owned motorcycle in the user’s possession, custody
or control as a result of the user’s negligence, recklessness, intentional
misconduct or breach of the deed.
To the extent that the terms of the deed are inconsistent with these Terms and
Conditions, the terms of the deed will prevail. A copy of the deed will be provided to
entrants on request.
20. 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. This clause does not apply to winners who are resident in South Australia.
21. For South Australian winners only: The Promoter may require any prize winner, as a
condition of accepting the prize, to provide a medical certificate proving they are fit to
participate in the prize. If the winner is unable to provide such a medical certificate, the
Promoter may withdraw the prize.
22. The prize winner accepts all risks associated with accepting and using the prize and
will be responsible for complying with all laws relating to use of the prize, including
local motorcycle licence requirements.
23. 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.
24. The prize, or any unused portion of the prize, is not transferable or exchangeable and
cannot be taken as cash.
25. 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.
26. 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.
5
27. The Promoter (including its officers, employees and agents) will not be responsible for
any:
a. personal injury;
b. 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:
(i) any technical difficulties or equipment malfunction due to any reason beyond
the reasonable control of the Promoter;
(ii) 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;
(iii) 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;
(iv) 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;
(v) any variation in the prize to that stated in these Terms and Conditions;
(vi) any tax liability incurred by a winner or entrant; or,
(vii) 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.
28. 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:
a. 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
b. 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.
29. Participation in the Promotion constitutes a prize-winner’s consent to the Promoter’s
and third party prize suppliers’ 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 third party prize suppliers’ website or otherwise for promotional,
marketing and publicity purposes without any fee being paid by the Promoter or third
party prize suppliers. The prize winner agrees to sign any further documentation
required by the Promoter or third party prize suppliers to give effect to this
arrangement, as a precondition to being awarded the prize.
30. In participating in this promotion entrants are providing information to the Promoter and
not to Facebook. Each entrant acknowledges that this promotion is in no way
sponsored, endorsed or administered by, or associated with, Facebook, and to the
extent permitted by law, releases Facebook from any and all liability in relation to this
6
promotion. Any queries, comments or complaints about this promotion must be
directed to the Promoter and not to Facebook.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. NSW Permit number LTPS/18/28017. ACT Permit Number ACT TP 18/01789