“VOLVO CAR AUSTRALIA PGA PROMOTION” 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. Entry is only open to Australian residents aged 25 years or over who:
i) are registered on the PGA mailing list and receive a “Volvo Car Australia PGA” promotional Electronic Direct Mailer (“eDM”) from the Promoter;
ii) have a valid Australian driver’s licence; and
iii) are available to participate in the 2012 Australian Pro-AM Golf Tournament held at The Lakes Golf Club in Sydney, NSW on 05/12/2012 (“Eligible Entrants”).
3. Employees (and their immediate families) of the Promoter 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.
4. Promotion commences on 13/08/2012 and ends at close of business on 31/10/2012, or when 200 valid entries have been received, whichever is first to occur (“Promotional Period”).
5. To enter, Eligible Entrants must complete the following steps during the Promotional Period:
a) follow the link in the promotional eDM to register for a test drive and provide any requested details (including but not limited to their full name and telephone number). Once registered, individuals will receive a telephone call (to their nominated telephone number) from a member of the Volvo Customer Care team to organise a location, date and time for the individual to test drive a Volvo vehicle at a Volvo dealership in Australia; and then
b) complete a test drive of a Volvo vehicle at the Volvo dealership, as organised by the Volvo Customer Care team member.
Entry is strictly limited to the first two hundred (200) Eligible Entrants who register for the promotion and test drive a Volvo vehicle in Australia during the Promotional Period.
6. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
7. Limit one (1) entry per person.
8. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
9. The draw will take place at Database Consultants Australia, Level 5, 355 Spencer Street, West Melbourne, VIC 3003 on 05/11/2012 at 3:00pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entry is drawn.
10. The winners will be notified in writing by email and by telephone, and their name will be published in The Australian on 09/11/2012.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The first two (2) valid entries drawn will each win a trip to the 2012 Australian Pro-AM Golf Tournament held at The Lakes Golf Club in Sydney, NSW on 05/12/2012, valued at up to $2,500 depending on point of departure. Prize includes:
· one (1) night twin share accommodation in a five star hotel, with check-in on 04/12/2012 and check-out on 05/12/2012;
· return transfers from the hotel to The Lakes Golf Club on 05/12/2012;
· a position to compete at the Australian Pro-Am Golf Tournament at The Lakes Golf Club on 05/12/2012; and
· if a winner is not from NSW, the prize also includes return economy airfares from the winner's nearest capital city to Sydney, NSW and return transfers from the airport to accommodation.
If a winner is from NSW, then the prize does not include airfares or airport transfers and the airfare and airport transfer components of the prize are not redeemable for cash. Spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.
13. Prize must be taken to coincide with the Australian Pro-Am Tournament event with flights (if required) departing on 04/12/2012 and is subject to booking and flight availability.
14. Itinerary to be determined by the Promoter in its absolute discretion.
15. Frequent flyer points will not form part of the prize.
16. Winners may be required to present their credit card at time of accommodation check in.
If for any reason a winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
18. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
20. If any prize (or part of any prize) is unavailable, the Promoter, in its 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.
21. Total prize pool value is up to $5,000.
22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
23. A draw for any unclaimed prizes may take place on 19/11/2012 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners. If any, will be notified in writing by email and by telephone, and their name(s) will be published in The Australian on 23/11/2012.
24. Eligible 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.
25. 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 Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
26. 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.
27. 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) if the Pro-AM Tournament event is cancelled/postponed for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or Eligible Entrant; or (g) taking of the prize and/or participation in the prize.
28. As a condition of accepting the prize, each 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 form.
29. 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, prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Eligible Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
30. The Promoter is Volvo Car Australia Pty Ltd (ABN 18 004 830 611) of 65 Epping Road, North Ryde, NSW 2113, telephone (02) 9020 1600.
NSW Permit No. LTPS/12/6877; ACT Permit No. TP12/3125