Hyundai Kona – Win One of 8 Trips to Kona (prize valued at $120,000)

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‘Buy a Kona, fly to Kona’ 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 Resident;
(ii) 21-85 years of age;
(iii) Is 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, manager,
employee, officer or contractor.
3 Promotional Period The promotion starts at 12.01am AEDT on 1 February 2018 and closes at 11.59pm
AEDT on 31 March 2018 (“Promotional Period”).
4 (a) How to enter? To enter, Eligible Entrants must, during the Promotional Period:
(i) purchase a new Hyundai Kona from any participating Hyundai Dealership,
where upon the dealer will automatically enter the Eligible Entrant and their
contract details in to the draw.
(“Eligible Entry”)
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, manager,
employee, officer or contractor.
Participating Hyundai Dealerships are available at
http://www.hyundai.com.au/dealer
(b) Maximum number
of entries
Limit of one (1) entry per person during the Promotional Period.
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5 (a) List of Prizes There will be 8 prizes awarded in this promotion.
Each prize includes:
two (2) x economy airfares from the winner’s nearest capital city to Kona,
Hawaii, via Honolulu, (includes flight associated taxes)
seven (7) nights twin share, 4 Star accommodation in Kona (of the Promoter’s
choice)
eight (8) days standard car hire (conditions will apply)
two (2) recreational experiences to the value of A$500, and A$2,000 spending
money.
See Item 10 for Additional Terms. Maximum retail value of each prize is $15,000.
(b) How winners are
determined
The first eight (8) Eligible Entries drawn will each receive a prize. Winners are selected
via a computer randomised draw conducted by Mike Da Silva & Associates, 15
Grosvenor Street, Neutral Bay NSW 2089. The draw will be conducted at 2pm AEST on
9 April 2018.
(c) Maximum value of
prizes
Total maximum value of the prize pool is $120,000.
6 Winner notification Winners will be notified in writing by email and by telephone within two (2) business
days of the draw.
7 Winner publication Winners will be announced in The Australian newspaper on 16 April 2018.
8 Redraw or
redetermination of
winner
The Promoter reserves the right to redraw a prize in the event of an Entrant failing to
comply with these terms and conditions or forfeiting or not claiming a prize by 9 July
2018. If a prize remains unclaimed by that date, a second chance draw will be
conducted on 23 July 2018 at the same time & location as the original draw. Disposal of
any unclaimed prize may be made subject to any written directions given by any
government authority and pursuant to any relevant legislation. Any unclaimed prize
draw winner will be notified in writing by email and by telephone within two (2) business
days of the draw.and their name will be published in The Australian newspaper on 30
July 2018.
9 Permit numbers Authorised under NSW Permit No. LTPS/18/21480, ACT Permit No. TP18/00155 & SA
Licence No. T18/127.
10 Additional terms Either the winner or their travel companion must be over 21 years of age.
Car rental conditions apply (including but not limited to minimum driver age 21 and
maximum driver age 85, the nominated driver must have held a full licence for at
least 1 year prior to the commencement of the trip. If a winner doesn’t meet the
criteria they must nominate a travel companion who meets the car rental company’s
requirements and the guest must be the nominated driver on the rental agreement).
Winners and their travel companion must meet the eligibility requirements of ESTA
for entry into the USA and will be responsible for securing their ESTA (visa waiver),
prior to their trip.
Winners will be required to sign a prize acceptance form including liability and
publicity waiver, within 6 weeks of being advised of being a winner, to formally
accept the prize.
Winners must finalise the prize booking within 12 weeks of being advised they are a
winner. All travel must be completed within 12 months of prize notification. Winners
must book at least 60 days prior to intended travel departure.
Availability cannot be guaranteed during Christmas, school holiday and special
event periods.
AUD$2,000 spending money (winner only) to be paid by cheque or EFT into an
account in the winner’s name.
Winners and their travel companion must travel together on the same flights and
stay at the same accommodation.
No compensation or alternative travel plans will be arranged should any winner and/
or their travel companion miss their outbound or return flights, or fail to meet any
check in requirements, for any reason. These costs will be the responsibility and
expense of the winner and their travel companion.
A credit card imprint will be required from each winner at check-in to the hotel for all
incidental charges.
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Once bookings are confirmed, no changes are allowed, unless otherwise authorised
by the Promoter in its absolute discretion and if permitted will incur a fee of $150
including GST plus supplier charges which is payable by each winner.
Travel suppliers/airlines to be chosen at the discretion of 33 Degrees Worldwide Pty
Ltd (the prize agency).
Comprehensive travel insurance is compulsory and is at the expense of the winner
and their travel companion.
In the event that an element of any travel prize is cancelled or postponed for any
reason, the winner forfeits the specified element and no cash alternative offer will be
granted in lieu of the part of the prize.
Unless expressly stated in these Terms and Conditions all other expenses are the
responsibility of the prize winner (and their companion if applicable) including but not
limited to all meals, spending money, incidentals, mini-bar, laundry, room service,
telephone calls and all other ancillary costs.
The winners agree they will not sell or otherwise provide their story and/or
photographs to any media or other organisation.
Entry Conditions
1 ENTRY
1.1 Entry is only open to those clubs 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
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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, 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 6 of the Schedule, and their names and/or suburbs
will be published in accordance with the terms set out in Item 7
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 from 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, subject to any directions
from any regulatory authority, if applicable. 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
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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:
(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.