Hyundai – Win The First Prize (prize valued at $52,000)

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HYUNDAI iLoad “TAKE A LOAD OFF” PROMOTION
TERMS AND CONDITIONS
All sections and information in this document form part of these Terms and Conditions. Participation in this
promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their
parent/guardian (where applicable).
Schedule to Entry Conditions
Item Subject Details
1 Promoter Name: Hyundai Motor Company Australia Pty Limited
ABN: 58 008 995 588
Address: Cnr 394 Lane Cove Road & Hyundai Drive
Macquarie Park NSW 2113
Phone: 1800 186 306
(“Promoter”)
2 Who may enter? Entry is only open to persons who meet all the following criteria:
(i) Australian residents with a registered business and home address in
either New South Wales, Queensland, South Australia, Victoria or
Western Australia;
(ii) aged 18 years or over;
(iii) hold a valid full Australian drivers licence;
(iv) currently operate an Australian business with a registered Australian
Business Number (ABN);
(v) available for 1 x Full day shoot for the “materials” production between
24.09.2020 and 02.10.2020; and
(vi) willing, ready and able to complete all entry requirements at the times
and dates set out in these Terms and Conditions.
(“Eligible Entrants”).
Employees (and their immediate families) of the Promoter and its contractors
and agencies associated with the promotion are ineligible to enter. “Immediate
family” means spouse, parent, natural or adopted child, and sibling (whether
natural or adopted by a parent), whether or not they live in the same household
as the director, manger, employee, officer or contractor.
3 Promotional
Period
The promotion starts at 12:01am (AEST) on 18/08/20 and closes at 11:59pm
(AEST) on 04/09/20 (“Promotional Period”).
(i) Entries will be deemed accepted at the time of receipt by the Promoter
and not at the time of transmission. Entries received will be
considered final by the Promoter. Incomplete, inaccurate,
erroneous, ineligible or incomprehensible Entries will be deemed
invalid. The Promoter accepts no responsibility for late, lost or
misdirected Entries. Contact details entered incorrectly by an
Eligible Entrant will deem their Entry invalid.
(ii) Costs associated with accessing the Promotional Website remain an
Eligible Entrant’s responsibility and may vary depending on the
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Item Subject Details
Internet service or telecommunications provider used.
(iii) The use of any automated entry software or any mechanical, electronic
or other means that allows an Eligible Entrant to automatically
enter repeatedly is prohibited and will render all Entries submitted
by that Eligible Entrant invalid.
4 (a) How to enter? To enter, Eligible Entrants must complete the following during the Promotional
Period
(i) access the promotional page on the Promoter’s website
(www.hyundai.com/au/en/take-a-load-off);
(ii) Successfully submit the online entry in the manner required including
providing the Eligible Entrant’s full name, business name, current and
valid contact number and email address, postcode, number of
employees of the business, link to their business’ social handle, and the
answering the promotional questions:
(50 words or less)
About your company
(50 words or less)
Tell us how/why this program would be able to help your business(s).
Let us know if you currently use a van and what make and model it is.
(iii) Entrants acknowledge that their submissions may be shared with
Pedestrian Group ABN: 60 112 839 568
(b) Maximum
number of
entries
One entry per Eligible Entrant
5 (a) List of prizes (i) First prize:
A. Access to a premium media package and the studio team of
Pedestrian Group:
– 1x Premium Video posted to Pedestrian Group socials (either
Lifehacker, Business Insider or PopSugar)
– 1x Native Article posted / live on the most appropriate site that hits
the target audience, either Lifehacker, Business Insider or
PopSugar)
– 1x Custom Display package including 1 x set of custom display
media created by Pedestrian Groups Design studio and 1 x
150,000 impressions to use on the specified site. The custom
display will be created to the specifications of the appropriate site in
which the winners’ content is placed on. The display media will run
on the specified site until all 150,000 impressions have been
delivered.
B. Final prize winners will then participate in materials (online video
and media article) production with Pedestrian Groups studio team,
and the materials may be posted to Promoter’s channels across
online platforms.
C. Winners acknowledge that all materials produced by Pedestrian
Group will be owned by Pedestrian Group and nothing in these
Terms and Conditions assign ownership of any materials to the
winner.
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Item Subject Details
D. The winner must be available for 1 x full day shoot with Pedestrian
Group between 24.09.2020 and 02.10.2020, located in NSW during
this timeframe and willing to be filmed, and acknowledge that this
footage may be used for marketing purpose by Promoter. Entrants
must be sign an indemnity waiver to acknowledge this, and
entrants who are unwilling or unable to have parts of this shoot will
forfeit their entry.
E. Any travel cost that may incur to take parts of the shoot is the
winner’s responsibility, including any border entry permits required
to enter NSW.
(b) How winners are
determined
(i) Each entry will be individually judged, and such judgment may be
based on their creative merit of the entry, suitability for online
video content and appeal of their workplace.
(ii) The three best valid entry received within the Promotional Period
specified, as determined by the Promoter’s appointed judges, will
win the first prize.
(iii) Winners must confirm their eligibility to be a Winner and their ability to
undertake a filming during the materials production period
(24.09.2020 and 02.10.2020) within 24hrs of being notified by the
Promoter that their Entry has been judged as one of the best 3
Entries, otherwise their Entry will be deemed invalid. In the event
that the Promoter cannot successfully contact the Entrant within
48hrs of the judging, or in the event of an invalid Entry or an
ineligible Entrant, or if the Entrant is ineligible to be a Finalist or
unable or unwilling to undertake a full day filming during the shoot
period (24.09.2020 and 02.10.2020) the Promoter may, in its sole
discretion, award the next Entry judged to be the best as a Winner.
The Promoter will continue this process until an Entrant has been
successfully contacted and the Entrant has confirmed their
eligibility to be a Winner.
(c) Maximum value
of prizes
Maximum value of:
(i) first prize is $52,000
6 Content (Entry
Submission)
In regards to Content (as defined by clause 1.9), Winners agree that:
(i) the Promoter, its affiliates, agencies have on-exclusive, royalty-free,
perpetual, worldwide, irrevocable and sub-licensable right to use,
reproduce, modify, adapt, publish, disclose and display the
Content for any purpose and in any media and medium, without
compensation, liability, restriction on use, attribution of the
Finalist’s moral rights. Finalists warrant that they have full authority
and rights to grant such rights to the Promoter.
(ii) if the Promoter requires, all title and property in any Content will be
transferred from the Winners to the Promoter and the Winners will
not be entitled to any compensation for such transfer.
(iii) the Promoter may review all Content and may at any time reject,
remove or take down any Content (wholly or partially) at its sole
and absolute discretion without notice if it considers, discovers or
suspects the Content not to comply with any of these Conditions of
Entry;
(iv) Winners agree they will not sell or otherwise provide their story,
photographs and/or Content to any media or other organisation.
7 Winner
notification
Winners will be notified in writing by email and also by telephone between
Monday 7th September and Tuesday 15th September 2020.
8 Winner Not applicable
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Item Subject Details
publication
9 Redraw or
redetermination
of winner
If a prize is unclaimed by the winner by the time specified by the Promoter or
the winner selected by the Promoter’s appointed judges is otherwise ineligible
to be awarded the prize because they are unable to satisfy these Terms and
Conditions, that winner will forfeit the prize, and the Promoter may award the
prize to another entrant who the Promoter’s judges select.
10 Permit numbers Not applicable
Entry Conditions
1 ENTRY
1.1 Entry is only open to those persons specified in Item 2 of the
above Schedule to Entry Conditions (“Schedule”).
1.2 To enter, eligible entrants must follow the instructions specified
in Item 4(a) of the Schedule.
1.3 Entrants must not enter more than the number of times
specified in Item 4(b) of the Schedule.
1.4 All entries must be received by the Promoter by or in the period
indicated in Item 4(a) of the Schedule. Entries are deemed to
be received at the time the Promoter receives the entry in its
promotion database, and not at the time of transmission by the
entrant.
1.5 The Promoter may, at any time, verify the validity of entrants
and entries (including an entrant’s identity, age, place of
residence and whether they hold any driver’s licence required to
enter this promotion). Entrants must fully cooperate with the
Promoter in connection with such verifications.
1.6 The Promoter accepts no responsibility for late, lost, incomplete,
incorrectly submitted, delayed, illegible, corrupted or
misdirected entries, claims or correspondence, whether due to
error, omission, alteration, tampering, deletion, theft, destruction,
transmission interruption, communications failure or otherwise.
However, the Promoter may (but is not obliged to) at its
discretion accept an entry which contains errors or omissions.
1.7 All costs with entering this promotion (including without
limitation, costs in accessing any website) is the entrant’s
responsibility.
1.8 If this promotion involves the entrant participating in any
physical or sporting activity, the entrant acknowledges and
agrees that:
(a) the entrant is fit, in good health, and not aware of any
reasons that may harm or endanger their health by
participating in such activities. Without limitation, the
entrant warrants and agrees that at the time they
participate in the activities, they will not be pregnant,
under the influence of drugs or alcohol, and will not have
any heart condition, abnormal blood pressure, epilepsy,
pre-existing injury or any other medical condition that
might make it unsafe for them to participate in the
activities;
(b) the entrant may be required to undertake tasks that may be
physically challenging and may involve risks of injury,
illness or death, some of which may be obvious and
others that may not be obvious;
(c) the entrant may be required to sign an indemnity form (with
content that the Promoter determines in its discretion)
before participating in the activities, and if they refuse to
sign the indemnity form, this will disqualify the entrant and
the Promoter may select another person to replace the
entrant at its sole and absolute discretion;
(d) the Promoter will not be responsible or liable for any
personal injury, illness or death caused to the entrant or
any other person in connection with the entrant’s
participation in the activities; and
(e) the entrant must conduct themself in an appropriate
manner and follow the Promoter’s instructions and all
venue rules and regulations at all times.
1.9 If this promotion involves the entrant submitting any
photographs, images, films, recordings, footages, videos, sms
or mms messages, testimonials, comments, artistic works,
literary works, information, materials or documents to the
Promoter (“Content”) then the entrant agrees that:
(a) the entrant must not submit any Content that is unlawful,
fraudulent, defamatory, offensive. obscene, derogatory,
discriminatory. pornographic, sexually inappropriate,
insulting, scandalous, violent, abusive, harassing,
threatening, inflammatory, not suitable for children under
15 years, unlawful, libellous, hateful, objectionable in
relation to race, religion, ethnicity or gender, capable of
encouraging conduct that would be considered a criminal
offence, capable of violating any law, capable of giving
rise to a civil liability or otherwise unsuitable or
inappropriate;
(b) the entrant must not submit any Content that breaches or
may breach any intellectual property, privacy, publicity or
other rights;
(c) the Content is the entrant’s own original independent
creation and does not include any third party’s intellectual
property or infringe any third party’s intellectual property
rights;
(d) the entrant is fully responsible for the Content. The
Promoter will not be liable for the Content or its use in any
way;
(e) before submitting the content, the entrant has obtained or
obtains the consent of all persons who appear in the
Content to in relation to the use of the Content for this
promotion;
(f) the Content has not been published previously or used in
any other promotion;
(g) the Content will not contain viruses or cause injury or harm
to any person or entity;
(h) the entrant will comply with all applicable laws and
regulations, including without limitation, those laws
governing intellectual property, content, defamation,
publication, privacy and the access and use of computer
or communication systems;
(i) the Promoter may review all Content and may at any time
reject, remove or take down any Content (wholly or
partially) at its sole and absolute discretion without notice
if it considers, discovers or suspects the Content not to
comply with any of these Term and Conditions;
(j) the entrant must comply with all requests by the Promoter
to remove, take down or edit any Content;
(k) unless clause 1.10 applies, the entrant grants the Promoter,
its affiliates, agencies and sub-licensees a non-exclusive,
royalty-free, perpetual, worldwide, irrevocable and sub-
licensable right to use, reproduce, modify, adapt, publish,
disclose and display the Content for any purpose and in
any media and medium, without compensation, liability,
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restriction on use, attribution of the entrant’s moral rights.
Entrants warrant that they have full authority and rights to
grant such rights to the Promoter.
(l) the entrants must not assert any moral rights in connection
with the Content;
1.10 If the Promoter requires, all title and property in any Content will
be transferred from the entrant to the Promoter and the entrant
will not be entitled to any compensation for such transfer.
2 PRIZES
2.1 The prizes in this promotion include the prizes set out in Item
5(a) of the Schedule. The entrant agrees to any terms relating
to the prizes set out in Item 5(a) of the Schedule.
2.2 Prize winners will be selected in accordance with the method
set out in Item 5(b) of the Schedule.
2.3 Prize winners will be notified in accordance with the terms set
out in Item 7 of the Schedule, and their names and/or suburbs
will be published in accordance with the terms set out in Item 8
of the Schedule.
2.4 The entrant must ensure they provide their correct contact
details to the Promoter, and to notify the Promoter of any
changes to their contact details before the date and time for
announcing winners. The Promoter will not be liable if it cannot
contact any winner because of any incorrect contact details
provided by an entrant.
2.5 If a winner is under 18 years, the Promoter may award the prize
to the winner’s parents/guardian on the winner’s behalf.
2.6 If the Promoter requests, the winner (and any parent or
guardian of the winner) must provide the Promoter with proof of
identity before being eligible to claim a prize. 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.
2.7 If any prize or portion of a prize is unavailable, the Promoter
may at its sole and absolute discretion substitute the prize or
portion of that prize with a prize of equal value and/or
specification, subject to any directions form any regulatory
authority, if applicable.
2.8 The maximum prize pool value is set out in Item 5(c) of the
Schedule. The Promoter accepts no responsibility for any
variation in the total prize value or any individual prize value.
2.9 Prizes or any unused portion, are not transferable or
exchangeable and cannot be taken as cash, unless the
Promoter agrees otherwise in writing.
2.10 Prizes are awarded subject to the standard terms and
conditions of individual prize and service providers.
2.11 Any ancillary costs associated with redeeming a prize (including
without limitation, transportation costs) are not included and are
the responsibility of the winner.
2.12 The entrant agrees to the terms concerning (if applicable)
redraws and redetermination of winners set out in Item 8 of the
Schedule.
2.13 These Terms and Conditions and any promotional materials
connected with this promotion do not include by implication any
term, condition, representation or warranty in respect of the
quality, merchantability, acceptability, fitness for purpose,
condition, description, assembly, image, manufacture, design or
performance of any of the prizes, to the fullest extent permitted
by law.
3 PRIVACY
3.1 The Promoter collects the entrant’s personal information to
conduct this promotion and may, for this purpose, disclose such
information to third parties, including without limitation, to its
agents, contractors, affiliated entities, service providers, prize
suppliers and Australian regulatory authorities.
3.2 The Promoter may, for an indefinite period, unless otherwise
advised by the entrant, use the entrant’s personal information
for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or
telephoning the entrant. Entrants should direct any opt out,
access, update or correct information request to the Promoter.
A copy of the Promoter’s privacy policy can be viewed at
http://www.hyundai.com.au/privacy.
3.3 Entrants consent to the Promoter using their name, suburb of
residence, photo, likeness, image, voice, recording, film and/or
footage in any media for an unlimited period without
remuneration to promote this promotion (including any
outcome), and promote any products and services that the
Promoter supplies or distributes.
4 SOCIAL MEDIA
4.1 If the entrant is required to enter this promotion using a
Facebook, Twitter, YouTube, Instagram or any other social
media website, the entrant agrees:
(a) to comply with (where applicable) Facebook’s, Twitter’s,
YouTube’s, Instagram’s and any other social media
website’s terms and conditions in relation to promotions,
including (as applicable) Facebook’s Statement of Rights
and Responsibilities, Twitter’s terms of service,
YouTube’s terms of service and Instagram’s terms of use;
(b) that this promotion is in no way sponsored, endorsed or
administered by, or associated with (where applicable)
Facebook, Twitter, YouTube, Instagram or any other
social media website (unless otherwise specified); and
(c) that any questions comments or complaints about this
promotion must be directed to the Promoter and not to
(as applicable) Facebook, Twitter, YouTube, Instagram or
other social media website.
5 GENERAL
5.1 All of the Promoter’s decisions in connection with this promotion
are final and binding, and no correspondence will be entered
into regarding the decisions. All decisions are made at the sole
and absolute discretion of the Promoter.
5.2 Entrants agree to indemnify and keep indemnified the Promoter
against all losses, costs, expenses, damages or liabilities that
the Promoter suffers or incurs or is likely to suffer or incur, and
against all claims, demands, proceedings, suits and actions
against the Promoter in connection with an entrant’s breach of
any of these Conditions.
5.3 Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights.
5.4 The Promoter may at its sole and absolute discretion and to the
full extent permitted by law:
(a) invalidate any entry;
(b) disqualify any entrant; and/or
(c) modify, suspend, terminate or cancel the promotion, as
appropriate,
for any reason the Promoter deems appropriate at its discretion,
including without limitation if:
(d) any entry does not comply with any of these Conditions, is
incomplete or indecipherable, or is lodged by automatic,
repetitive, robotic, programmed or similar entry methods
or agents;
(e) any entrant does not comply with these Term and
Conditions or tampers with the entry process;
(f) the promotion is not capable of being conducted as
reasonably anticipated;
(g) any technical difficulty, equipment malfunction, problem
with networks or communication lines, traffic congestion,
infection by computer virus or bug, bad weather or act of
God occurs;
(h) any theft, fraud, unauthorised, unexpected or third party
access, interference or intervention occurs; and/or
(i) any act, omission, failure or delay occurs which is not
reasonably within the Promoter’s control, or which
corrupts or affects the administration, security, fairness,
integrity or proper conduct of the promotion.
5.5 To the extent permitted by law, the Promoter (including its
respective officers, employees, directors, contractors, agents
and affiliated entities) is not responsible for and excludes all
liabilities (including exclusion of all liabilities for negligence,
personal injury, illness and death of any person), losses,
expenses, damages, costs, claims, demands, proceedings,
actions and suits (whether or not direct, indirect, special,
consequential) arising as a result of or in connection with any of
the following:
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(a) any technical difficulty, equipment malfunction, problem
with networks or communication lines, traffic congestion,
infection by computer virus or bug, bad weather or act of
God occurs;
(b) any theft, fraud, unauthorised, unexpected or third party
access, interference or intervention occurs; and/or
(c) any act, omission, failure or delay occurs which is not
reasonably within the Promoter’s control, or which
corrupts or affects the administration, security, fairness,
integrity or proper conduct of the promotion;
(d) entry or prize claim that is late, lost, altered or damaged,
whether or not due to the Promoter’s act, omission or
fault;
(e) variation in prize value to that stated in these Terms and
Conditions;
(f) entrant’s or other person’s participation in this promotion;
(g) damage caused to any prize in transit before the prize
winner takes possession;
(h) tax liability incurred by a winner or entrant;
(i) use or misuse of the prize;
(j) invalidation of any entry;
(k) disqualification of any entrant; and/or
(l) any cancellation, termination, modification or suspension of
this promotion.
5.6 If any Hyundai vehicle is to be loaned to an entrant or winner,
such loan is subject to the Promoter’s standard terms and
conditions in relation to vehicle loan arrangements. The entrant
or winner must sign any document or agreement that the
Promoter requires before accepting and using the loan vehicle
(including any deed of release and indemnity). Without limiting
the terms in the vehicle loan agreement, the entrant or winner
agrees that:
(a) the vehicle must be collected and returned at a time and to
a location the Promoter requires; and
(b) the entrant or winner will be responsible for all fuel costs
and traffic infringement fines, penalties and tolls incurred
during the loan period.
5.7 The entrant must comply with all additional terms set out in Item
10 of the Schedule.
5.8 Where applicable, the permits/licences issued for the conduct of
this promotion are set out in Item 9 of the Schedule.