Volkswagen – Win a New Volkswagen Polo Gti” Promotion (prize valued at $36,267)

“TEST DRIVE TO WIN A NEW VOLKSWAGEN POLO GTI” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Volkswagen Group Australia Pty Ltd (ABN 14 093 117 876) of 24 Muir Road,
Chullora NSW 2109, telephone: 02 9695 6000.
3. Entry is only open to Australian residents (aged 18 years or over).
4. Employees (and their immediate families) of the Promoter, Volkswagen dealers (including
their employees) 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.
5. Entries into the promotion open at 9:00am AEST on 18/04/2019 and close at 11:59pm AEST
on 27/04/2019 (“Promotional Period”).
6. To receive an automatic entry into the draw, individuals must, during the Promotional Period,
take any new or demonstrator Volkswagen Passenger Vehicle (as defined below) for a test
drive at any authorised Volkswagen dealership nationally, and provide their full name,
telephone number and email address to the dealer at the time of the test drive.
7. A “Volkswagen Passenger Vehicle” is as follows:
Polo
Polo GTI
Golf
Golf R
Golf GTI
Golf Wagon
Golf Alltrack
Tiguan
Tiguan Allspace
Passat
Passat Alltrack
Passat Wagon
Arteon
Touareg
8. Only one (1) entry is permitted per person.
9. 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 reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct 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.
The Promoter’s legal rights to recover damages or other compensation from such an offender
are reserved.
10. 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.
11. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway,
Erina NSW 2250 on 03/05/2019 at 10am AEST, in the presence of an independent scrutineer.
The winner will be notified in writing within two (2) business days of the draw and their name
will be published in The Australian newspaper on 10/05/2019.The Promoter may draw
additional reserve entries and record them in order in case an invalid entry or ineligible
entrant is drawn.
12. The Promoter’s decision is final and no correspondence will be entered into.
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13. The first valid entry drawn will win a new MY19 Volkswagen Polo GTI 2.0 Litre TSI 6-Speed
DSG (automatic) in flash red. Total prize value is up to AU$36,267 (being the manufacturer’s
recommended drive away price for NSW including GST and is correct as at 05/04/2019)
including registration, compulsory third-party insurance, stamp duty and dealer delivery
charges (which may vary State by State). Additional insurance, options, petrol and all other
ancillary costs are the responsibility of the winner. The winner must collect the prize from their
nearest authorised Volkswagen dealership. Delivery of the prize to the Volkswagen
dealership can take up to five (5) months from when the winner is announced.
14. 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 purpose 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 required documentation as required by
the Promoter before the car is awarded. It is a condition of accepting the prize that the winner
may be required to sign a legal release in a form to be determined by the Promoter in its
discretion.
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take /
redeem the prize at/by the time stipulated by the Promoter, then the prize will be forfeited.
16. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the
prize with a prize to the equal value and/or specification, subject to any written directions from
a regulatory authority.
17. Total prize pool value is up to $36,267. Prize, or any unused portion of the prize, is not
transferable or exchangeable and cannot be taken as cash.
18. A draw for the prize, if unclaimed, may take place on 05/08/2019 at the same time and place
as the original draw, subject to any directions from a regulatory authority. The winner, if any,
will be notified in writing within two (2) business days of the draw and their name will be
published in The Australian newspaper on 09/08/2019.
19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event
they are a 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.
20. 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, 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, as appropriate.
21. 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, as well as any other implied warranties under the ASIC Act
or similar consumer protection laws in the States and Territories of Australia (“Non-
Excludable Guarantees”). Except for any liability that cannot by law be excluded, including
the 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.
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22. 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) use of the prize.
23. The Promoter collects personal information (“PI”) in order to conduct the promotion and may,
for this purpose, disclose such 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 www.volkswagen.com.au/en/privacy-
policy.html. 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 Australian Privacy Principles or any other applicable law and how those complaints will be
dealt with. All entries become the property of the Promoter. The Promoter may disclose
entrant’s PI to entities overseas (see Privacy Policy for details).
NSW Permit No. LTPS/19/33677. ACT Permit No. TP19/03100. SA Permit No.
T19/547