SP Tools – Win an SP Crew 2013 HSV Maloo R8 Ute (Used)

SP CREW HSV MALOO UTE PROMOTION

TERMS AND CONDITIONS

Information on how to enter this promotion and the prizes that form part of this promotion also form part of these Terms and Conditions. By submitting an entry into this promotion, the entrant warrants that they have read, understood and accepted these Terms and Conditions. These Terms and Conditions can be downloaded from www.sptoolspromo.com.au

The promoter is Austech Industries Pty Ltd (ABN 19 010 548 464) of 23 Iris Place, Acacia Ridge, QLD 4110; telephone 07 3723 1500 (” Promoter”).
Subject to clause 4, entry is only open to Australian residents who are aged 16 years or over. Entrants aged between 16 and 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. If the winner of the prize is aged under 18 years, the prize will be awarded to the winner’s parent or legal guardian, on the winner’s behalf.
Employees (and their immediate families) of the Promoter, Austech distributors, resellers and 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 1st cousin.
The promotion commences at 8:00am AEDST on 13 January 2014 and will close at 5:00pm AEDST on 18 December 2014 (“Promotional Period”). An entry is deemed to have been received at the time of its receipt by the Promoter and not at the time of transmission by the entrant.
There will be one (1) major prize (awarded via a major prize draw at the end of the Promotional Period) to be won in this promotion.
The Promoter will feature a promotional stand at selected V8 Supercar and promotional trade events during selected times of the Promotion Period (” SP Tools Promotion Zones”). A full and complete list of SP Tools Promotion Zone locations and operating hours will be made available seven (7) days prior to the relevant event and appear on www.sptoolspromo.com.au to be eligible to enter, individuals must visit an SP Tools Promotion Zone during that SP Tools Promotion Zone’s operating hours and receive a promotional entry card containing a unique code (“Entry Code “)
Once a promotional entry card has been collected, to enter the major prize draw, eligible individuals can either:
use one of the Promoter’s touchscreen kiosks available at each SP Tools Promotion Zone and follow the links to access the promotion entry page, input the requested details (including their full name, postcode, contact number, a valid email address, age group, their industry of employment, and use of hand tools together with their Entry Code) and submit the fully completed entry form before the SP Tools Promotion Zone closes that day; OR
visit the www.sptoolspromo.com.au website, follow the prompts to the promotion entry page, inputting the requested details (including their full name, postcode, contact number, a valid email address, age group, their industry of employment, and use of hand tools together with their Entry Code), and submit the fully completed entry form so that it is received during the Promotional Period.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. The Promoter also reserves the right to disqualify any entrant who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not keeping with the spirit of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
No responsibility will be accepted by the Promoter for late, lost or misdirected entries. Incomplete or indecipherable entries will be deemed invalid.
Only one (1) entry is permitted per person. The same email address cannot be used by more than one entrant, and the email address (as well as all other details) provided must be valid and correct. An entrant that is discovered to have used or attempted to use more than one name in entering the promotion will be disqualified from participating in the promotion or redeeming any prize in connection with the promotion. A limit of one Entry Code per entry also applies. The same Entry Code cannot be used more than once and unrecognised or invalid Entry Codes will mean the entry associated with that Entry Code will be deemed invalid.
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. Any incorrect entrant details submitted may render the corresponding entry invalid. It is each entrant’s responsibility to inform the Promoter if their personal details change during the Promotional Period. Entrants should direct any request to access, modify or correct information to the Promoter.
To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of computer, on line (or wireless) systems, servers, or providers, computer equipment, software, or technical problems resulting from participation or sending or receiving of any communication or of any materials in this promotion.
The major prize draw will take place at Flow Marketing, 107/9 Claremont Street, South Yarra, VIC 3141 on 19 December 2014 at 12:00pm AEDST. The Promoter may draw additional reserve entries at the time of the draw and record them in order, in case an invalid entry or ineligible entrant is drawn.
The winner will be notified by telephone and email within two business days of the date of the draw, and their name will be published in The Australian on 23 December 2014.
The Promoter’s decision is final and no correspondence will be entered into.
The first valid entry drawn will win a second hand (i.e. used) 2013 HSV Maloo R8, colour “redhot”, with manual transmission, with no more than 30,000 kilometres travelled. Total prize value is up to AU$55,000 and includes one year’s registration (registered in the winner’s State or Territory of residence), compulsory third party insurance, stamp duty, GST (if applicable) and delivery charges (which may vary State/Territory by State/Territory). The only warranty given by the Promoter with respect to the vehicle is that it is roadworthy when given to the winner. No extended warranty is given. Additional insurance, options, petrol and all other ancillary costs are the responsibility of, and will be at the cost of, the winner. There is only one prize winner in this promotion. Total prize pool value is up to AU$55,000.
If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purposes of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee.
The winner must provide the Promoter with certified copies of all documentation as required by the Promoter before the car is awarded. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity.
Subject to clause 23, if for any reason the winner does not take the prize by 12:00pm AEDST on 19 March 2015, then the prize will be forfeited and a new winner will be drawn in accordance with clause 23.
If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to equal value and/or specification, subject to any written directions from a regulatory authority.
Subject to clause 18, the prize is not transferable or exchangeable and cannot be redeemed for cash, unless otherwise specified in writing by the Promoter.
A draw for the prize, if unclaimed or forfeited as provided for by clause 20, may take place (if required) on 19 March 2015 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will then be notified by telephone and email within two business days of the date of the unclaimed prize draw and their name will be published in The Australian on 26 March 2015.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the winner (including photograph, film and/or recording of the same) 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.
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, including but not limited to technical difficulties, unauthorised intervention or fraud, infection by computer virus, bugs, tampering, unauthorised intervention, or any other cause beyond the Promoter’s reasonable control which corrupts or affect the administration security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to the fullest 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 or these Terms and Conditions, as appropriate without providing any recourse to an entrant in this promotion.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties that cannot be excluded at law (” Non-Excludable Guarantees”). Other than any Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of the prize.
To the extent permitted by law, all entrants release from and indemnify the Promoter against all liability, cost, loss or expense arising out of acceptance of any prize or participation in the promotion including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose the PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at sptools.com.au/privacy In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the applicable Australian privacy laws or any other applicable law, and how those complaints will be dealt with. All entries are the property of the Promoter. The Promoter will not disclose entrant’s PI to any entity outside of Australia.
Failure by the Promoter to enforce any one of these terms and conditions in any instance will not give rise to any claim or right of action by any other person or entrant.
Authorised under NSW Permit No. LTPS/13/10381; VIC Permit No. 13/3132; SA Permit No. T14/5: ACT Permit No. TP 13/04762