Kubota – Buy an Excavator & – Win a 2017 Plated Toyota Hilux 4×4 Sr5 Double Cab Pickup Diesel 6sp Auto Valued at Up to $56390 RRP Inclusive of Gst and All on Road Costs Including Dealer Delivery Charges (prize valued at $56,390)

Kubota ‘Let’s Play in the Dirt’ Promotion
Terms and Conditions
1. Information on how to enter and prize details form part of these terms and conditions
and entry in the promotion is deemed acceptance of these terms and conditions.
2. The promoter is Kubota Tractor Australia Pty Ltd (ABN 72 005 300 621) of 25-29
Permas Way, Truganina VIC 3029, telephone (03) 9394 4400 (“Promoter”).
3. The Promoter’s decision is final in relation to all aspects of this promotion and no
correspondence will be entered into.
Eligibility
4. Entry is only open to Australian residents aged 18 years or older at the time of
entering this promotion (“Eligible Entrants”).
Employees (and their immediate families) of the Promoter and participating 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.
Promotion Period
5. Entry in the promotion commences at 9:00am AEST on 01 July 2017 and concludes
at 23:59pm AEDT on 30 November 2017 (“Promotion Period”).
Entry
6. In order to automatically receive an entry/entries in the promotion (see table below
for entry allocation), Eligible Entrants must, during the Promotion Period, purchase
any of the following models from the Kubota Excavator range: K008-3, KX016-4,
KX018-4, KX91-3S2, KX040-4, KX057-4, KX080-3S, u17-3, U-27-4 U25-3S, U35-4,
U48-4, U55-4 KX033-4 (“Eligible Product”) from a participating authorised Kubota
Construction Equipment Dealer (“Qualifying Purchase”). Participating dealerships
can be located at kubota.com.au Entries will be awarded dependent on model
category, as follows:
Category Entries per product purchased
CAT 1 1
CAT 2 2
CAT 3 4
CAT 5 4
Please note: Fleet and corporate purchases are not eligible for the promotion.
7. The Promoter will keep records of each Eligible Product purchased from participating
authorised Kubota dealers during the Promotion Period and allocate entries in the
promotion accordingly.
8. Eligible Entrants must correctly provide all requested information at the time of
making the Qualifying Purchase, including but not limited to the entrant’s full name
and correct contact details (valid email address, phone number and postal address).
Incomprehensive, illegible and incomplete entries will be deemed invalid.
9. The Promoter accepts no liability for late, lost, delayed or misdirected entries that are
not received for any reason, or any phone, line, network, website and/or any server
technical failure involved in any communication related to this promotion.
10. Entries are deemed to be received at the transaction time indicated on the original
purchase receipt relating to the Qualifying Purchase.
Verification
11. Eligible Entrants must retain their original receipt from their Qualifying Purchase
(“Proof of Purchase”) which corresponds to each of their entries in the promotion in
order to claim a prize (if won).
12. If requested by the Promoter, Eligible Entrants must produce, within the time
requested by the Promoter in its absolute discretion: (a) appropriate photo
identification or other documentation, required by the Promoter to verify their identity,
age, eligibility to enter the promotion and claim a prize, and compliance with these
terms and conditions; and (b) their Proof of Purchase that corresponds to all of their
entries in the promotion.
13. If the items required by the Promoter are not received or an entrant has not been
verified to the satisfaction of the Promoter within the time period required by the
Promoter, their entry/entries will be deemed invalid. A prize will only be awarded
following all validation and verification requirements of the Promoter being met to its
satisfaction.
14. If any winning entry is deemed not to comply with the terms and conditions, that entry
will be discarded and a new winner will be selected in accordance with these Terms
and Conditions.
15. Entrants can only enter the Promotion in their own name.
16. Entrants who refund or return a Qualifying Purchase will not be entitled to any prize
claim associated with that Qualifying Purchase, and if they are awarded a prize they
will be required to return the prize (or provide payment of its equivalent value) it to
the Promoter.
Prize Draw
17. A random electronic prize draw will be conducted from all entries received in the
promotion at Prime Focus, Level 1, 500 Chapel Street, South Yarra, VIC 3141
(“Draw Location”) at 12 noon AEDT on 6 December 2017 (“Prize Draw”).
The Promoter may draw reserve entries in the Prize Draw and record them in order
to use in the instance an invalid entry or ineligible entrant is drawn, or if a prize is not
claimed in accordance with these Terms and Conditions (“Reserve Entries”).
There are three (3) prizes to be won.
First Prize
18. The first Eligible Entrant with a valid entry drawn in the Prize Draw will win a 2017
plated Toyota Hilux 4×4 SR5 Double Cab Pickup Diesel 6sp Auto valued at up to
$56,390 RRP inclusive of GST and all on road costs including dealer delivery
charges, stamp duty, 12 months registration and 12 months compulsory third party
insurance (“First Prize”). The First Prize does not include comprehensive insurance
and excludes any additional options and accessories.
19. The First Prize will be delivered to the Kubota dealership where the winner’s
Qualifying Purchase was made, between 1 February 2018 and 28 February 2018.
The First Prize winner will be required to make their own way at their own expense to
the dealership in order to collect the First Prize.
20. The colour of the First Prize to be awarded is silver. No choice of colour available.
Colour is subject to availability and does not include metallic paint.
21. The First Prize winner must provide the Promoter with their full name, address and
current Australian driver’s license prior to the awarding of the vehicle. The First Prize
winner must provide the Promoter with certified copies of all required documentation
as and when required by the Promoter before the vehicle is awarded.
22. The First Prize must be registered before the vehicle can be collected.
23. If the First Prize winner is, through any legal incapacity or otherwise, unable to
register the First Prize in his or her name then he/she may, notwithstanding any other
provision of these Terms and Conditions, transfer the First Prize to another person
with legal capacity for the purpose of registering the vehicle in Australia.
Second Prize
24. The second Eligible Entrant with a valid entry drawn in the Prize Draw will win a
Yamaha YZ250 2017 4 Stroke Motorcycle valued at up to $11,500 (including GST)
including on-road costs (12 months of registration and compulsory 3rd party
insurance) (“Second Prize”). The Second Prize does not include comprehensive
insurance, any extras or any riding gear.
25. The Second Prize will be delivered to the Kubota dealership where the winner’s
Qualifying Purchase was made, between 1 February 2018 and 28 February 2018.
The Second Prize winner will be required to make their own way at their own
expense to the dealership in order to collect the Second Prize.
26. The colour of the Second Prize to be awarded is blue. No choice of colour available.
Colour is subject to availability and does not include metallic paint.
27. To be eligible to claim the Second Prize, the Second Prize winner must provide a
copy of their proof of identity, such as a passport, to a representative of the Promoter
as and when requested.
Third Prize
28. The third Eligible Entrant with a valid entry drawn in the Prize Draw will win a DJI
Phantom 4 Advanced Drone valued at $2,200 RRP (including GST) (“Third Prize”).
The Third Prize includes the drone, controller and one set of batteries. Carry case not
included.
29. As a condition of accepting the Third Prize, the winner must read the provided
manual and be familiar with all features, controls, safety, and maintenance advice in
the manual. The Third Prize will be delivered to the Kubota dealership where the
winner’s Qualifying Purchase was made. The Third Prize winner will be required to
make their own way at their own expense to and from the dealership in order to
collect the Third Prize.
Notification of Winners
30. Winners will be notified by phone and via mail or email.
31. Each prize winner’s name and postcode will be published in “The Australian”
newspaper on 21 December 2017.
Unclaimed Prize Draw (If Any)
32. If a prize is won by an Eligible Entrant and they do not claim their prize by 11:00am
AEDT on 06 March 2018, a replacement winner will be drawn from the Reserve
Entries. If there are no available Reserve Entries, a re-draw will be conducted at 12
noon AEDT on that date at the Draw Location by a representative of the Promoter
from all remaining entries received in the promotion, subject to any directions from
the relevant state/territory gaming authorities.
33. Unclaimed prize draw winner/s, if any, will be notified by phone and via mail or email
and will have their name and postcode published in “The Australian” newspaper on
28 March 2018.
General Conditions
34. The total value of all prizes available to be won in the promotion is up to $70,090
RRP (including GST).
35. Eligible Entrants may win a limit of one (1) prize in the promotion (excluding residents
of South Australia).
36. Prize winners must sign any legal documentation as and in the form required by the
Promoter and/or prize provider in its absolute discretion, including but not limited to a
legal release and indemnity form, before the prize winner is awarded the prize.
37. The Promoter accepts no responsibility for any variation in the value of the prizes
from the time of printing promotion materials.
38. All costs associated or arising in connection with the prizes are the responsibility of
the respective prize winner. In accepting a prize, the winner acknowledges that the
winner may incur ongoing costs associated with the prize which are the entire
responsibility of the winner.
39. If more than one person attempts to claim a prize, the Promoter will have the sole
discretion to determine which of those persons the winning entrant is.
40. All elements of the prizes are subject to the standard terms and conditions of the
relevant prize provider.
41. Prizes must be taken as stated and may not be varied. Prizes are not transferable or
exchangeable and cannot be taken as cash.
42. If a prize is unavailable for any reason, the Promoter may substitute that prize for
another item of equal or higher value as determined by the Promoter, subject to
approval from the relevant state/territory gaming authorities.
43. Any number plate details used in promotional materials are representational only.
The Promoter may require a winner to register a prize with number plates provided,
number plates will be brand related and the winner will be required to retain the
number plates on the prize for a minimum of 12 months from registration.
44. The Promoter accepts no responsibility whatsoever for any tax liabilities that may
arise from winning or receiving the benefit of a prize and independent financial advice
should be sought by the respective winner.
45. In the event of any breach of these terms and conditions the Promoter reserves the
right to refuse entry to this promotion and/or disqualify the entrant in question from
any further participation in this promotion, and/or disqualify any entry and the
Promoter’s decision is final. Any entrant who, in the opinion of the Promoter, tampers
or interferes with the entry or draw mechanism in any way, engages in any unlawful
or improper conduct which jeopardises or is likely to jeopardise the fair or proper
conduct of the Promotion, does not fairly comply with the entry process or engages in
any unlawful conduct during the fulfilment of a prize, will be ineligible to win.
46. By entering this promotion, each entrant agrees to indemnify and hold harmless the
Promoter, agents, servants and employees from any and all claims, demands,
actions, losses, liabilities and suits arising out of or attributable to their participation in
this promotion or acceptance/use of a prize, including (without limitation) any claim or
allegation that their entry infringes a third party’s intellectual property rights or
constitutes an unlawful disclosure or misuse or misappropriation of another party’s
confidential information. Any questions, comments or complaints regarding this
promotion should be directed to the Promoter at sales@kubota.com.au
47. If for any reason any aspect of this promotion is not capable of running as planned,
including by reason of infection by damage to the website, computer virus, mobile
network failure, bugs, tampering, unauthorised intervention, fraud, technical failures,
vandalism, natural disasters, acts of God, strikes, acts of terror or any cause beyond
the control of the Promoter which corrupts or affects the administration, security,
fairness, integrity or proper conduct of this promotion, the Promoter may in its sole
discretion cancel, terminate, modify or suspend this promotion, or invalidate any
affected entries, subject to the approval of relevant state/territory gaming authorities
where required.
48. WARNING: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION IS A BREACH OF THE CONDITIONS AND
MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND, SHOULD SUCH AN
ATTEMPT BE MADE, WHETHER OR NOT SUCCESSFUL, THE PROMOTER
RESERVES THE RIGHT TO SEEK DAMAGES TO THE EXTENT PERMITTED BY
LAW.
Intellectual Property & Privacy
49. Entrants acknowledge that all intellectual property rights in this promotion belong to
the Promoter.
50. Each entrant warrants that their entry complies with the terms and conditions of this
promotion, and does not infringe any third party intellectual property rights or any
Australian law.
51. Any personal information collected about entrants will be used in accordance with the
Promoter’s Privacy Policy available at available at http://www.kubota.com.au/privacy-
policy/ The privacy policy details how a privacy complaint can be made. If an entrant
does not provide their personal information, the Promoter will not be able to enter
that entrant in this promotion.
52. If an entrant elects to receive future information from the Promoter by communicating
this to staff at the time of Qualifying Purchase, information provided by the entrant
will be entered into a database and may be used by the Promoter, the Promoter’s
related entities and agencies engaged by the Promoter, for the Promoter’s current
and future promotional and marketing purposes without further reference or
compensation to the entrant. Entrants who elect to ‘opt in’ may request to update or
correct their Personal Information held by the Promoter and/or may request that they
not receive further promotional or marketing communications from the Promoter at
any time by contacting the Promoter via email to sales@kubota.com.au or by
electing to ‘opt out’ by using the ‘opt out’ function on any electronic marketing
materials received.
Publicity
53. By entering the promotion, each Eligible Entrant consents to the Promoter and its
designees use of their name, city of residence, photograph, voice, statement and
image for any publicity and advertising purposes, in any and all media, now or
hereafter devised, worldwide in perpetuity, without additional notification, permission
or compensation, except where prohibited by law.
Governing Law
54. This promotion and these terms and conditions shall be governed by Australian law
and the courts of Australia shall have exclusive jurisdiction to hear and determine all
issues and disputes that may arise in relation to this promotion or these terms and
conditions. Entrants submit to the jurisdiction of the Australian courts and agree that
the Australian courts are a convenient forum in which to resolve any issue or dispute
arising out of or in relation to this promotion.
Permit Details
55. SA Permit No: T17/1069, NSW Permit No: LTPS/17/15003 and ACT Permit No: TP
17/01122.