Mercedes-Benz Australia – Win an exclusive AMG driving experience
AMG 50 Year Anniversary Promotion Terms and Conditions
ELIGIBILITY AND HOW TO ENTER
To be eligible, entrants must:
be an Australian resident aged 25 years or over;
hold a full and valid Australian driver’s licence;
Eligible individuals may enter the promotion by:
visiting amg50years.com.au ;
uploading or selecting your preferred image;
adding your own unique and original tagline;
completing the entry form with the required details (title, full name, contact number, post code, date of birth and email) and indicating that the entrant;
agrees to these terms and conditions; and
does, or does not consent to the Promoter sending future direct marketing communications to the entrant via email.
The promotion commences at 12:00pm on 25th October AET and ends 12:00pm on 6 December 2017.
Employees (and their immediate family members) of the Promoter, Mercedes-Benz Vans Australia Pacific Pty Ltd, Daimler Truck and Bus Australia Pacific Pty Ltd, Mercedes-Benz Financial Services Australia Pty Ltd and authorised Mercedes-Benz, smart, Freightliner and FUSO dealerships and agencies associated with this promotion are ineligible to enter. Employees of other automotive manufacturers, importers, distributors or retailers are also ineligible to enter. The term “ immediate family member” 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.
Only one entry per person is permitted. If multiple entries are received from the same person, the first eligible entry will be valid and all subsequent entries will be invalid.
PRIZE, AND HOW AND WHEN THE WINNING ENTRY WILL BE DETERMINED
There is one (1) prize available to be won in this promotion by the winner for themselves and their guest, with a total value of up to $9,000 including GST (“Prize”).
Prizes must be taken as offered. Prizes, or any unused portion of a prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or prize providers’ other products or services. If a prize (or part of a prize) is unavailable, the Promoter, in its absolute 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.
AMG PERFORMANCE – Training (Level 1) tickets:
The winner will receive two tickets to participate in a scheduled day of AMG PERFORMANCE – Training (Level 1) for one full day, conducted by experienced AMG driving instructors on a range of AMG models. This will be conducted at the Phillip Island Grand Prix Circuit in Victoria on 14 April 2018 however, this date is subject to change at the Promoter’s discretion. The double pass ticket includes a 1 day AMG Performance Training day (Level 1), return transfers from Melbourne CBD to Phillip Island Grand Prix Circuit (via helicopter), hospitality (outlined below), one night’s accommodation (details outlined below) and return transfers to hotel from Melbourne Airport or place of residence (details outlined below). By entering the promotion, the winner acknowledges and agrees, on their behalf and on the behalf of the guest they may invite to the Prize, to the Terms and Conditions of the AMG 50 Year Anniversary Promotion, AMG PERFORMANCE – Training (Level 1) at Phillip Island in Victoria as included in Annexure 1 herein and to sign the Promoter’s standard Deed of Release and Indemnity document prior to partaking in the Prize.
The winner will be determined by the assessment of the best submission of a photo and caption/tagline that is shared on the participant’s Facebook channel from the amg50years.com.au competition page, as determined by the selection panel in the Promoter’s absolute discretion.
The selection panel, consisting of no less than 2 employees of the Promoter, will consider all valid entries at 13:00pm on Monday 6 December 2017 at 44 Lexia Place, Mulgrave Victoria Australia.
The Promoter’s decision is final and the promoter will not enter into correspondence regarding the competition result.
Winner will be notified via telephone and their name (first initial, last name and state) will be published on the Mercedes-Benz Australia Facebook page on 7 December 2017.
If the Prize winner cannot be contacted or does not claim the Prize within 24 hours of being notified, the winner will be deemed to have forfeited the Prize. In this case, the selection panel will reconvene and determine another prize winner on 7 December 2017 at the same location as the original selection was undertaken, subject to any directions from a regulatory authority. Should the second selection process also not be successful, this process will be repeated on 7 December 2017.
This promotion is a game of skill only and chance plays no part in determining the winner.
For the winner and their guest there will be return economy flights from their nearest Australian capital city only if the winner and guest reside interstate (Canberra, Sydney, Adelaide, Brisbane, Darwin, Perth) to Melbourne on 13 April 2018 and returning on the evening of 14 April 2017. If the winner resides in Victoria, flights are not included. The dates for the flights are subject to change at the Promoter’s discretion.
The winner and their guest must depart from and return to the same departure and arrival points and travel together. Airfares will be co-ordinated by the Promoter on an airline of the Promoter’s choice. Airfares are subject to availability at the time of booking. The itinerary is to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary in its absolute discretion. Frequent flyer/membership points will not form part of the prize.
All spending money, additional meals, additional taxes, insurance, insurance excess, passports, entry fees, transport to and from residence, departure point and arrival points and hotels, transfers (other than those stipulated), vehicle hire, transport (including taxis and public transport), items of a personal nature, in-room charges, excess baggage, in-flight expenses, telecommunications expenses, car parking and all other ancillary costs are not included and must be borne by the winner and/or their guest.
The winner and their guest are solely responsible for ensuring that they have valid passports and obtain any requisite visas and travel documentation. The Promoter strongly recommends that the winner and their guest purchase their own travel insurance.
If a prize (or part of a prize) is unavailable, the Promoter, in its absolute 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.
Prizes must be taken as offered. Prizes, or any unused portion of a prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or prize providers’ other products or services.
The Promoter reserves the right to refuse to allow an eligible participant to take part in any or all aspects of the prize if it determines in its absolute discretion, that a participant is not in a legal position or mental or physical condition necessary to be able to safely participate in the taking of the prize.
Prizes are subject to the standard terms, conditions and warranties applicable to each prize and service provider.
Accommodation: The winner and their guest will be provided with one night’s accommodation at the Crown Metropol Hotel, Melbourne CBD in either a Luxe King or twin room. Each individual will have the option of their own room. Room type subject to availability. Accommodation is subject to availability at time of booking. If the winner is from interstate, return transfers from Melbourne Airport to the Crown Metropol are included. If the winner resides in Victoria, return transfers from place of residence to the Crown Metropol will be included only if the winner resides within 30km of the Melbourne CBD. All spending money, travel (including any necessary plane, ferry, vehicle or other transport or transfers), meals, taxes, insurance, items of a personal nature, in-room charges and all other ancillary costs are not included and must be borne by the prize winner. The winner may be required to present their own credit card and identification at the time of accommodation check-in.
Motor racing is a dangerous recreational activity. Participation (including passive participation or attendance) involves a significant risk of harm and other obvious risks (including but not limited to obvious risks such as accidents, collisions, technical and mechanical failures, weather and Track conditions and obstacles) which may materialise and result in property damage, direct and/or indirect loss, personal injury (physical and mental injury) and/or death to the participant, other track users, passengers, instructors, pedestrians, attendees, Event staff and officials and spectators.
ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN.
Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss and participation in the prize is at the entrants’ own risk. Entrants acknowledge that the risks associated with participating in the prize include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property. Entrants acknowledge that participating in the Prize has a degree of danger and, to the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), hereby exclude, release and forever discharge the Australian Grand Prix Corporation (“ AGPC”), the Crown in right of the State of Victoria, the Minister administering the Act , the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l’Automobile, Formula One World Championship Limited, Formula One Marketing Limited, Formula One Hospitality and Event Services Ltd, Formula One Management Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Confederation of Australian Motor Sport Ltd, Parks Victoria, State Sport Centres Trust, APP Corporation Pty Limited, AGPC sponsors and all other persons involved in the organisation, conduct and promotion of the event and prize including officials, marshals, rescue and medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel) (“ Associated Entities”) from all liability for claims, loss, damage, costs or expenses arising from any personal injury or death (whether arising from negligence (but excluding gross negligence) or otherwise), arising from or connected with participation in Recreational Services (as defined below) including the prize (or any element of the prize) and attendance at the event.
To the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), entrants acknowledge that, to the extent to which they participate in the prize in:
a sporting activity or similar leisure time pursuit; or
an activity that:
involves a significant degree of physical exertion or physical risk; and
is undertaken for the purposes of recreation, enjoyment or leisure,
( Recreational Services ), including, without limitation, participation in the prize, the Associated Entities do not make any warranty that the Recreational Services including the prize, will be provided with due care and skill or that any materials provided in connection with the Recreational Services, including the prize, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Terms and Conditions.
NOTE: The change to your rights as set out in this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “ Gross negligence” is defined in the Australian Consumer Law and Fair Trading Regulations 2012.
For the purpose of this condition 60 “ the supplier” will mean and include the Associated Entities.
Without limiting any other release or limitation of liability contained in these Terms and Conditions, the Associated Entities will not be liable for any indirect or consequential loss suffered by any entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the Prize.
Nothing in this condition 60 or these Terms and Conditions generally affects your rights under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law and Fair Trading Act 2012 (Vic) or similar legislation regarding implied conditions and warranties to the extent that such implied conditions and warranties cannot be excluded by law.
GENERAL TERMS AND CONDITIONS
Information on eligibility, how to enter, prize and draw form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
Entrants will consent and will ensure their guests consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (including photograph, video, and/or audio recording) 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.
By submitting the content including any images, text, wording or concepts (“the content”), to the amg50years.com.au website and/or any social media or other media owned, controlled or operated by the Promoter, the entrant consents to the Promoter using the content for the purpose of promoting this promotion and/or promoting any products manufactured or distributed by the Promoter or its related companies for an unlimited period and without any remuneration. By submitting the content, the entrant waives their moral rights that may be associated with the content. Furthermore, the entrant warrants to the Promoter that in submitting any content, the entrant has the right to use the content and has not breached any third party intellectual property rights that may exist in the content. By submitting the content, the entrants indemnify and will defend and hold the Promoter harmless against any potential third party claims arising out of or in connection with the content, including but not limited to claims in respect of intellectual property in the content.
Winners and their guest must produce proof of identity, age, driver’s licence and place of residence and may be required to sign a legal release and indemnity in a form determined by the Promoter in its absolute discretion. 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 and/or their guest.
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 and to the 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.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) taking or use of all or part of a prize (including without limitation any loss, damage, injury or death resulting from an accident).
If the entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an entrant to the contrary (e.g. through the use of an unsubscribe facility), use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the entrant.
All entries become the property of the Promoter (including any intellectual property in an entry) and will not be returned.
The entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the entrant’s: (a) participation in the promotion; (b) taking or use of all or part of a prize; and (c) any claim by a third party arising from an act or omission by the entrant.
The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
These Terms and Conditions constitute the entire agreement between the entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this promotion is final and no correspondence will be entered into.
The Promoter is Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) of 44 Lexia Place, Mulgrave, Victoria, 3170. LMCT 6776.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant releases Facebook from all claims relating to this promotion.
ANNEXURE 1 – Terms and Conditions of Sale AMG Performance Training
TERMS AND CONDITIONS OF SALE
FOR AMG PERFORMANCE-TRAINING AT PHILLIP ISLAND
AMG Performance at Phillip Island
14 and 15 April, 2018
Mercedes-Benz Australia/Pacific Pty Ltd (ABN 23 004 411 410) of 44 Lexia Place, Mulgrave, VIC 3170 Australia (“ MBAuP”) will hold two AMG Performance-Training Drive Days at Phillip Island Grand Prix Circuit, Victoria, Australia on 14 and 15 April, 2018 (the “ Events”, or each an “ Event”).
Invitations will be issued to Eligible Applicants and tickets to the Events will be made available for sale and allocated until ticket allocations are exhausted (on a “first in” basis) as follows:
first in time to Australian AMG Club Members and New Zealand AMG Owners during the AMG Club Period;
if there are any remaining tickets, second in time to Mercedes-AMG Owners. MBAuP is not required to make any tickets available to Mercedes-Benz Owners, during the AMG Club Period; and
AMG Club Members or NZ AMG Owners may continue to purchase tickets until tickets sold out.
The cost of a ticket to each Event is AUD$2,500 inclusive of GST, with lunch and soft drinks provided. All purchases must be made in Australian dollars.
MBAuP, in its sole, absolute and unfettered discretion, reserves the right to verify the details of any purchaser of a ticket. MBAuP may cancel any tickets where a ticket purchase has not been made in accordance with these Terms and Conditions and MBAuP will not be liable other than to refund any purchase price paid.
There are 42 tickets per Event. Eligible Applicants may purchase a maximum of one ticket for either themselves or their nominee.
To purchase a ticket for an Event, Eligible Applicants must access the promotional website using information specified in the Invitation, select the Event that the individual wishes to attend, fully and properly complete the registration form and irrevocably pay in full for the ticket either:
online at time of registration by a method permitted by the promotional website; or
if an individual elects to receive an invoice via email or mail, within 7 days of the date of the invoice.
Where an Eligible Applicant does not pay the ticket purchase price within the required period above, the sale of the ticket will be deemed to be cancelled and the ticket will be reallocated to another Eligible Applicant.
Tickets will not be allocated unless and until full and irrevocable payment has been received. Each purchaser acknowledges and agrees that registrations and payments will be processed and collected by MBAuP’s contractor, CiEvents Australia, on behalf of MBAuP and each purchaser consents to the disclosure and use of their personal information to and by CiEvents Australia, its employees and its agents for that purpose.
To receive an Invitation, Eligible Applicants must have opted-in to receive direct marketing communications via email from MBAuP or Mercedes-Benz New Zealand Ltd (” MBNZ”) (as applicable). Eligible Applicants may contact MBAuP, MBNZ or the Mercedes-Benz authorised dealership where their vehicle was purchased (as applicable) to update their contact details and communication preferences at any time. Neither MBAuP nor its related bodies corporate (including MBNZ) are liable where an Eligible Applicant fails to receive an Invitation.
Ticket purchases must be for the personal use of the Eligible Applicant and/or their nominee. Tickets are not transferable or exchangeable. MBAuP may refuse to permit a ticket holder to participate in the Event if the ticket holder is not the person registered to attend the Event. Ticket holders must present their Event confirmation letter to gain entry into the Event.
Each ticket holder attending the Event must hold a current and valid full Australian, New Zealand, International Driving Permit and/or overseas driver’s licence (that is not suspended) and provide evidence of this to MBAuP’s representative on location prior to participation in the Event. Probationary and learner drivers and drivers on restricted licences are not permitted to take part in the Event.
The purchase of any ticket and participation in the Event is subject to each ticket holder:
complying with all conditions of entry imposed by Phillip Island Operations Pty Ltd, the track owner or operator (including duly executing any document containing a waiver and/or indemnity in such form as is provided); providing to MBAuP a properly signing and witnessed Deed of Release in the form provided by MBAuP prior to taking part in the Program; and
complying with any reasonable directions of MBAuP.
A copy of the deed of release that each ticket holder will be required to sign is available upon request by emailing email@example.com or by phoning Nadine Young (03) 9566 6471. Conditions include, without limitation:
participation in the Event is at the participant’s own risk and MBAuP will be released from all liability to the extent permitted by law, including for injury to or death of the participant to the extent permitted by the Competition and Consumer Act 2010;
to indemnify MBAuP against loss or damage caused to MBAuP, other participants or any third party due to acts or omissions of the participant;
to follow the rules, conditions, directions and signs given or shown to participants during the Event;
not to operate, drive or be in charge of any vehicle during the Event whilst under the influence of any intoxicating liquor or any other drug;
to drive safely and not unnecessarily put themselves, any other person or property at risk of damage, death or injury; MBAuP reserves the right terminate or restrict a participant’s participation in the Event if MBAuP considers that the participant may endanger any person or property.
Any and all accommodation, flights, taxes, insurance, passports, visas, transfers to and from the location of the Event, spending money, all other ancillary or related costs and expenses associated with attempting to participate or attending the Event are not included in the ticket price and are the sole responsibility of the ticket holder.
If a ticket holder intends to cancel his or her scheduled attendance at the Event then he or she must inform MBAuP in writing of that intention to firstname.lastname@example.org or Nadine Young, Mercedes-Benz Australia/Pacific Pty Ltd, 44 Lexia Place, Mulgrave, 3170, Vic, Australia.
written notice is received by MBAuP of the cancellation at least 1 month prior to the commencement of the Event, MBAuP will provide the ticket holder with a full refund of the ticket price;
written notice is received by MBAuP of the cancellation up to 14 days prior to the commencement of the Event, MBAuP will provide the ticket holder with a 50% refund of the ticket price;
written notice is either not provided by a ticket holder or s/he cancels within 14 days of the Event or fails to attend the Event, no refund will be given except where required by law.
In the case of the intervention of any outside agent or event outside of MBAuP’s control (such as an act of God, strike or other industrial action, war, vandalism or sabotage, adverse weather conditions, actions of the track owner, law or any government action) preventing or delaying MBAuP’s ability to conduct an Event, MBAuP may in its sole and absolute discretion suspend or cancel the Event. MBAuP will inform applicants and/or ticket holders of its decision to suspend or cancel the Event.
Where an Event is suspended or canceled, or cannot be held or completed for any reason whatsoever, MBAuP will in its sole and absolute discretion either refund the unused portion of the ticket purchase price for the affected Event or substitute the affected Event with another AMG drive day event to be held during the following year or at another location, subject to ticket availability. Applicants acknowledge that, to the full extent permitted by law, neither MBAuP nor its related bodies corporate (including MBNZ) will have any other liability of any nature whatsoever to any applicant or ticket holder in respect of MBAuP’s failure to hold the Event, including but not limited to any expenses incurred in obtaining flights and/or accommodation to attend the Event.
By attending the Event, the ticket holder agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the “Festival of AMG” and the Event including, but not limited to, being interviewed, photographed and/or filmed throughout the duration of the Event. Each ticket holder attending the Event agrees and permits their image and/or voice, as recorded, photographed or filmed during the ticket holder’s participation in the “Festival of AMG” and the Event, to appear in connection with MBAuP’s (and/or one or more of its ‘related bodies corporate’ including Daimler AG or MBNZ) advertising, promotion or marketing thereof, in any media whatsoever throughout the world and the ticket holder will not be entitled to any fee or compensation for such use.
MBAuP collects personal information from Eligible Applicants in order to conduct the “Festival of AMG” Events including the Event and for marketing and promotional purposes, and may, for these purposes, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers, related companies (including, but not limited to, MBNZ) and as required, to Australian or New Zealand regulatory authorities. Eligible Applicants have the right to access their personal information and request correction of that information by contacting MBAuP at the address in clause 1.
Except for any liability which cannot be excluded at law, MBAuP and its related bodies corporate (including MBNZ) will not be liable to any person for:
any Losses or Claims arising out of or in connection with any Death or Personal Injury which is or may be suffered as a result of a breach of the Statutory Guarantees in connection with the participation in any Event (except where the Death or Personal Injury was caused by the gross negligence or reckless conduct of MBAuP); and
any other Losses or Claims howsoever arising (whether in tort (including negligence), under contract, statute or otherwise) in connection with or in any way related to any one or more of the ‘Festival of AMG’, the sale or purchase of the tickets to an Event, or the Event, including but not limited to any Losses or Claims arising out of:
attendance at any Event by any person;
participation at any Event by any person;
failure by any person to receive an Invitation or purchase a ticket to any Event;
suspension or cancellation of any Event; or
any technical difficulties, third party interference or equipment malfunction (whether or not under MBAuP’s or its related bodies corporate’s (including MBNZ) control) associated with the software application which is used to enable applicants to purchase a ticket.
All references to MBAuP or its related bodies corporate (including MBNZ) also include the Personnel. Related bodies corporate (including MBNZ) and the Personnel are entitled to the benefit of the exclusions and releases of liability that are expressed to benefit the related bodies corporate and Personnel as if references to MBAuP herein were references to those parties. MBAuP enters into, or otherwise accepts the benefit of, these Terms and Conditions on its own behalf and as agent of, and trustee for, the Personnel to the extent necessary to provide the benefit of the exclusions and releases of liability set out in these Terms and Conditions to the Personnel.
Other than as set out above, nothing in these Terms and Conditions excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the exercise the rights under:
the Australian Consumer Law, as defined in the Competition and Consumer Law Act 2010 (Cth); or
the Consumer Guarantees Act 1993 (NZ) or Fair Trading Act 1986 (NZ),
(together “ Statutory Guarantees”),
or any liability of MBAuP or its related bodies corporate (including MBNZ) for failing to satisfy the Statutory Guarantees related to, or in connection with, the Festival of AMG, the sale of tickets to any Event or attendance at any Event, where to do so would have the effect of rendering the relevant provision in these Terms and Conditions void or otherwise unenforceable or would be contrary to law.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW
AND FAIR TRADING ACT 2012
Under the Australian Consumer Law, several Statutory Guarantees apply to the supply of certain goods and services. These Statutory Guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
MBAuP’s decisions relating to the sale of tickets and the Events are final, and no correspondence will be entered into.
Vehicles are covered by comprehensive motor vehicle insurance, and are subject to an excess in respect of any loss or damage. Where the Participant causes loss or damage to a Vehicle, the Participant may, at MBAuP’s sole and unfettered discretion, be required to pay to MBAuP the amount of any applicable insurance excesses upon request (or an amount up to the amount of the insurance excesses, where the cost of repair is less than the applicable excesses). Current information regarding applicable insurance excesses can be obtained by emailing email@example.com.
The laws of the State of Victoria, Australia govern these Terms and Conditions. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If any provision in these Terms and Conditions is held to be illegal, invalid, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, voidable or unenforceable. If it is not possible to read down a provision as required in this clause that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this document, and the rest of these Terms and Conditions remain in force.
The following definitions apply to these terms and conditions:
“ AMG Club Period” means from 12 noon AEDT on 20 February 2018 until the earlier of 5pm AEDT on 13 March 2018 or the exhaustion of ticket allocations.
“Australian AMG Club Member” means an Eligible Applicant who is also a currently registered member of the AMG Club in Australia.
“Claim” means any claim, allegation, suit, action, demand, cause of action or proceeding, irrespective of when or howsoever it arises, whether or not it is present or future or actual or contingent, whether or not it is fixed or unascertained, or whether or not it is at law (including under contract or tort, including for negligence), in equity or under statute;
“Death or Personal Injury” has the meaning in section 139A(3) of the Competition and Consumer Act 2010 (Cth) or section 32N of the Fair Trading Act 1986 (Vic) (as may be applicable), and includes physical injury and mental injury;
“Eligible Applicant” means a person who:
is the current owner of a Mercedes-Benz vehicle which MBAuP’s and MBNZ’s (as may be applicable) records reveal was purchased from an authorised Mercedes-Benz dealership in Australia or New Zealand;
holds a current and valid full Australian, New Zealand, International Driving Permit and/or overseas driver’s licence (that is not suspended);
has received an Invitation; and
is 22 years of age or over.
“Invitation” means an official invitation from MBAuP or MBNZ (as applicable) inviting the personally addressed individual to purchase a ticket to attend the “Festival of AMG”
“Losses” means any damages, obligations, liabilities, costs, expenses or losses, including, without limitation, reasonable legal fees and expenses, court costs, arbitration fees, penalties, fines, and amounts paid in settlement of claims of any nature whatsoever;
Mercedes-Benz Owner” means an Eligible Applicant who has:
purchased a Mercedes-Benz passenger vehicle from an authorised Mercedes-Benz dealership either:
in Australia, within three years prior to the date of the Event; or
in New Zealand, within five years prior to the date of the Event; and
completed the “Lifestyle Survey”, indicating an interest in drive days.
“Mercedes-Benz Owners Period” means from 12 noon AEDT on 14 March 2018 to 5pm AEDT on 3 November 2018.
“NZ AMG Owner” is an Eligible Applicant who is also the current owner of an AMG passenger vehicle which was purchased from an authorised Mercedes-Benz dealership in New Zealand within the five years prior to the date of the Event.
“Personnel” means MBNZ, any related bodies corporate of MBAuP or MBNZ, and any employees, directors, advisors, agents, affiliates, dealers and subcontractors of any or more of MBAuP, MBNZ or any related bodies corporate of MBNZ or MBAuP.
Purchase of a ticket to an Event is deemed acceptance of these Terms and Conditions.