ISUZU STODDART GROUP WORK TO WIN PROMOTION – AUSTRALIA (“PROMOTION”)
TERMS AND CONDITIONS
1. Information on how to enter and prize details (including redemption of prizes) forms part of these Terms and Conditions.
2. The promoter is Stoddart Group Pty Ltd (ABN 82 010 744 751) (“Promoter”) of 37 Gravel Pit Road, Darra, Queensland 4076 ("Promoter's Address"), telephone number 07 3725 5999.
3. Entry into the Promotion, and further or alternatively an acceptance or purported acceptance of a prize, is deemed acceptance of these Terms and Conditions. By accepting a prize, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions.
Duration of Promotion
4. The Promotion will commence at 12.00am AEST on 01/02/2019 and final entries close at 11:59pm AEST on 30/06/2019 (“Promotion Period”).
Eligibility
5. Entry is only open to contractors of the Promoter or its associated entities (Entrant) during the Promotion Period, who are at least 18 years of age (if an individual). "Contractor" means the sole trader, company or partnership (in their own right or as trustee for a trust) who, during the Promotion Period, has a current written contract with the Promoter or its associated entities to provide installation work to the Promoter, has a current and valid Australian Business Number, and resides in or has as its registered principle place of business in Queensland, New South Wales or Victoria.
6. Where the Entrant is a partnership or a trust with more than one trustee, the partnership or trust is only entitled to one entry.
7. For the avoidance of doubt, the following are ineligible to enter this Promotion:
(a) any sub-contractor, employee, agent, licensee or other representative of the contractor who performs or purports to perform any installation work for the Promoter for or on behalf of the contractor;
(b) the directors, management and employees of Isuzu UTE Australia Pty Ltd of 1000 Wynnum Road, Cannon Hill, Queensland, 4170 (“Major Prize Supplier”) and the Promoter and its associated entities;
(c) the advertising agencies, retailers and suppliers associated with this Promotion, including their directors, management and employees; and
(d) the immediate family of any of the above. "Immediate family" means any of the following: spouse, domestic partner, de-factor spouse, ex-spouse, ex-domestic partner, ex-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.
8. To be eligible, Entrants must have completed installation work for the Promoter during the Promotional Period in Queensland, New South Wales or Victoria.
9. Entrants will receive one entry for each calendar day the Entrant has completed installation work for the Promoter during the Promotional Period, as determined by the Promoter based on the data available to it on its business records at the time of allocation.
10. The entry will be allocated automatically to the Entrant into both the Major Prize Draw (as defined at clause 12) and Monthly Prize Mini-Draws (as defined at clause 17). The time of each entry will be the day the Promoter determines the Entrant is entitled to an entry.
11. In the case of a futile trip, if a contractor goes to site but is unable to commence work, irrespective of who is at fault, no entry will be allocated for that day.
Major Prize - Draw and Collection
12. The Major Prize random draw will take place at 3:30pm AEST on 12/07/2019 at the Promoter's Address ("Major Prize Draw"). The Promoter may draw additional reserve entries at the Major Prize Draw as may be required until a valid entry is drawn, and record them in order in case an invalid entry is drawn.
13. The first valid entry drawn of the Major Prize Draw will win the choice of either:
(a) one (1) Isuzu D-MAX 4x4 LS-T Automatic Ute with all on-road costs (valued up to $57,963.20 , including GST); or
(b) one (1) Isuzu MU-X 4x4 LS-T Automatic with all on-road costs (valued up to $59,473.10, including GST),
(the "Major Prize"). The included on-road costs is one year vehicle registration, normal new car manufacturer’s warranty, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary from State to State). The Major Prize does not include any additional insurance, options, diesel or any other ancillary costs which are the responsibility of the winner, and will only be executed after delivery. The specifications of the Major Prize and recommended retail drive away price of the Major Prize may be changed at any time at the sole discretion of the Major Prize Supplier without notice. The Major Prize Supplier may, at its absolute discretion, accommodate the winner’s colour preference in Metallic or Mica paint, subject to availability.
14. The winner of the Major Prize will be notified by phone and in writing within two (2) business days of the Major Prize Draw. The name of the winner will be published on stoddartgroup.com.au within two (2) business days after the Major Prize Draw and for a minimum period of 28 days.
15. To collect the Major Prize, the winner (or its duly authorised representative if the winner is not a sole trader) must collect and receive the transfer of the selected vehicle at the appointed Major Prize Supplier Dealer in Queensland, New South Wales or Victoria within 28 days after the Major Prize Draw. Further, the winner must provide the Promoter with certified copies of all required documentation by the Major Prize Supplier and Promoter, before the Major Prize is awarded.
16. If the winner is, through any legal incapacity or otherwise, unable to register the vehicle in their own name, then the winner may assign the vehicle to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter and Major Prize Supplier take no responsibility for any such arrangements between the winner and the assignee.
Monthly Prize Mini-Draws and Collection
17. Five monthly prize mini-draws will take place at the Promoter's Address at 2:30pm AEST on the following dates: 1/03/2019, 1/04/2019, 1/05/2019, 3/06/2019 and 1/07/2019 ("Monthly Prize Mini-Draws"). Three winners will be drawn at each Monthly Prize Mini-Draw. The Promoter may draw additional reserve entries at each draw and record them in order in case an invalid entry is drawn.
18. The first three valid entries at each Monthly Prize Mini-Draw will each be entitled to receive a voucher representing pre-paid credit to the stated value ("Voucher") for which the Monthly Prize Mini-Draw was conducted ("Monthly Prize")There are 15 Vouchers available, the details of which will be published on stoddartgroup.com.au prior to the commencement of the Promotion Period , being one of the following:
(a) 15 x $1,000 Voucher .
19. The winners of the Monthly Prize Mini-Draws will be notified in writing within two (2) business days of the relevant draw. The winners of the Monthly Prize Mini-Draws will be published on stoddartgroup.com.au within two (2) business days of the relevant draw.
20. The winning entries drawn at the Monthly Prize Mini-Draw will remain in the running for the Major Prize.
21. The Promoter will post the Monthly Prize to each winning Entrant (or its duly authorised representative where the Entrant is not a sole trader) within 28 days after the draw. The Monthly Prize is deemed to be delivered to the Entrant at the time of posting.
22. Each winning Entrant (or its duly authorised representative if not an individual) of a Voucher acknowledges and agrees that:
(a) any redemption of a Voucher is subject to the terms and conditions of the Voucher supplier. The Vouchers may expire or become void, and may not be redeemed if it expires or is defaced, stolen, damaged, altered or otherwise damaged or tampered with in any way; and
(b) neither the Promoter and its associated entities, nor the Major Prize Supplier will be liable to reissue or reimburse any winning Entrant for any remaining dollar value on any Voucher which is so expired, defaced, stolen, damaged, altered or otherwise damaged or tampered with in any way, or which may not be redeemed by the winner in whole or part for any refusal or failure to comply with the terms and conditions of the Voucher, or for any other reason.
Prize Pool
23. The total prize pool for this Promotion is valued at approximately AU$74,473.10 including GST comprised of the Major Prize and Monthly Prizes (together, the "Prizes").
Order in which the Prizes will be drawn
24. Further details for the drawing order of the Vouchers for the Monthly Prize Mini-Draws will be published on stoddartgroup.com.au prior to the commencement of the Promotion Period. The Prizes in this Promotion will be drawn in the following order:
(a) Monthly Prize Mini-Draw on 1/03/2019:
(i) 1 x Monthly Prize - Voucher;
(ii) 1 x Monthly Prize - Voucher;
(iii) 1 x Monthly Prize - Voucher;
(b) Monthly Prize Min-Draw on 1/04/2019:
(i) 1 x Monthly Prize - Voucher;
(ii) 1 x Monthly Prize - Voucher;
(iii) 1 x Monthly Prize - Voucher;
(c) Monthly Prize Mini-Draw on 1/05/2019:
(i) 1 x Monthly Prize - Voucher;
(ii) 1 x Monthly Prize - Voucher;
(iii) 1 x Monthly Prize - Voucher;
(d) Monthly Prize Mini-Draw on 3/06/2019:
(i) 1 x Monthly Prize - Voucher;
(ii) 1 x Monthly Prize - Voucher;
(iii) 1 x Monthly Prize - Voucher;
(e) Monthly Prize Mini-Draw on 1/07/2019:
(i) 1 x Monthly Prize - Voucher;
(ii) 1 x Monthly Prize - Voucher;
(iii) 1 x Monthly Prize - Voucher; and
(f) 1 x Major Prize on 12/07/2019.
Unclaimed Major Prize Draw
25. If the Major Prize remains unclaimed or un-awarded at 9:00am AEST on 16/10/2019 for any reason, a redraw will take place at 10:00am AEST on 16/10/2019 at the Promoter's Address, subject to any written directions from a regulatory authority ("Major Prize Redraw").
26. Subject to the Major Prize Redraw at clause 25, if for any reason the winner of the Major Prize Draw or the Major Prize Redraw does not claim the Major Prize within 3 months of the relevant draw, then the Major Prize will be forfeited and may be dealt with by the Promoter as it deems fit, subject to any written directions from a regulatory authority.
27. The winner of the Major Prize Redraw will be notified in writing and by telephone within two (2) business days of the Major Prize Redraw, subject to any directions from a regulatory authority. The name of the winning Entrant will be published on stoddartgroup.com.au for no less than 28 days.
28. To collect the Major Prize, the winner of the Major Prize Redraw must collect and receive the transfer of the selected vehicle at the appointed Major Prize Supplier Dealer in Queensland, New South Wales or Victoria within 28 days after the Major Prize Redraw. Further, the winner must provide the Promoter with certified copies of all required documentation before the Major Prize is awarded.
Promoter's Decisions are Final
29. The Promoter’s decision relating to the Promotion is final, including the calculation, allocation and validity of entries, the eligibility of an Entrant and redemption of the Prizes, and no discussions or correspondence with Entrants or any other person will be entered into.
Substitution of any Prize
30. The Prizes are not transferable, redeemable or exchangeable for cash, unless expressly permitted by these Terms and Conditions. The winner of a Prize will not receive any compensation or cash refund of any unused Prize amount or value.
31. If a Prize (or any part of a Prize) is unavailable for any reason, the Promoter reserves the right to substitute the Prize (or any part of the prize) for another Prize (or part of a Prize) of equal or greater value, subject to any directions from a regulatory authority. A part of the Prize may include a specification of the Major Prize.
General Provisions
32. The Entrant's contact information for this Promotion are taken to be the Entrant's most recent contact details recorded on the Promoter's database at the time of notification. If an Entrant’s contact details are incorrect or change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information in writing provided in an entry should be directed to the Promoter at the Promoter's Address.
33. It is the Entrant's responsibility to ensure that all information required by the Promoter to determine the Entrant's eligibility for an entry is complete, correct and provided to the Promoter during the Promotion Period.
34. A Prize will only be provided to a winner if, and when, the Promoter is satisfied of the winner’s eligibility. The Promoter may at its discretion disqualify any Entrant if it does not comply with, or it has reasonable grounds to believe the Entrant has breached, any of these Terms and Conditions.
35. Each winning Entrant (including its duly authorised representative if not an individual) of a Prize acknowledges and agrees that as a condition of accepting any Prize in this Promotion, the Entrant must:
(a) if the winner of a Monthly Prize is a partnership, trust or a corporation and the Voucher may not be issued in the winner's Entrant's own name, then the Entrant may assign the Monthly Prize to its nominee (who consents) and a duly authorised representative of the Entrant must inform the Promoter in writing the name of the nominee before a Prize may be awarded. The Promoter takes no responsibility for any such arrangements between the winner and the assignee of a Monthly Prize;
(b) comply with all the conditions of the Prize and the Promoter's and Major Prize Supplier's requirements; and
(c) sign any legal documentation as and in the form and substance required by the Promoter or the Major Prize Supplier (or both of them) in their absolute discretion, including but not limited to a legal release and indemnity in favour of the Promoter and/or the Major Prize Supplier.
36. The Promoter reserves the right to delay, postpone or cancel the Major Prize Draw, Major Prize ReDraw and the Monthly Prize Draws in the event of circumstances outside its reasonable control, which it considers make it necessary for it to do so, and without notice.
37. The Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or services awarded as a Prize.
38. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any 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.
39. 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 miscalculated, unallocated, 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 contractor or authorised representative; (f) taking/use of a Prize; or (g) any circumstance where the contractor cannot lawfully take/use a Prize, including the absence of a valid drivers' licence.
40. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 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.
41. The Promoter reserves the rights to amend these Terms and Conditions at any time without liability to any Entrant or other person, subject to applicable laws. Revised Terms and Conditions will be available on stoddartgroup.com.au.
42. The Terms and Conditions of this Promotion are governed by the laws Queensland and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
Publicity Materials
43. As a condition of accepting a Prize, the winning Entrant consents to the Promoter and the Major Prize Supplier using the winning Entrant's details (or where the winner is not an individual or sole trader, the duly authorised representative's details) and their name, likeness, image and/or voice (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 and the Major Prize Supplier.
44. 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 directions from a regulatory authority, suspend, terminate or cancel the Promotion, as appropriate.
Privacy and Collection Notice
45. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Promoter’s privacy policy can be viewed at https://www.stoddartgroup.com/privacy-policy. To request access to, or to update or correct, personal information the Promoter holds about them, authorised representatives of an Entrant can contact the office of the Promoter at the address set out in clause 2 or view the Privacy Policy for instructions. The Privacy Policy also contains information about how authorised representatives can complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Major Prize Supplier and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may also, for an indefinite period, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the authorised representative. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
46. With your express consent to do so, the Major Prize Supplier will handle entrant’s personal information (e.g. first name, last name, address, suburb, state, postcode, phone number, email address, gender, date of birth) in accordance with their Privacy Policy which can be accessed at https://isuzuute.com.au/privacy-policy.aspx. Isuzu UTE Australia’s Privacy Policy may be updated from time to time and it will be the entrant’s responsibility to keep up to date with any changes to the Privacy Policy. The entrant may at any time, opt out of receiving contact from the Major Prize Supplier by submitting an enquiry on the Contact Us page of the website https://www.isuzuute.com.au/about-us/contact-us.aspx.
Authorised under NSW permit number LTPS/18/30418