WIN THE XC40 FOR ONE MONTH

TERMS AND CONDITIONS

 

  1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions.

     

  2. Entry is only open to Australian residents, 25 years and over, as of the date of entry. Employees (and their immediate families) of the Promoter and agencies associated with this Competition 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.

     

  3. The Competition commences on 8am AEST on 18 April 2018 and ends at 5pm AEST on 11 May 2018 (the “Promotional Period”).

     

  4. During the Promotional Period, entrants must:

     

    1. Take a photograph of themselves in front of the Promoter's artwork of the Volvo XC40 located at the Competition Locations during the periods stipulated in clause 5; and

       

    2. At any time during the Promotional Period, log on to their Facebook or Instagram account, and:

     

    1. Post the photograph they have taken in accordance with clause 4(a) on their Facebook or Instagram profile and tag "@Volvocarsaus" with #NEEDTHEXC40" and explain why they need the Volvo XC40; or

       

    2. Post the photograph they have taken in accordance with clause 4(a) on the Promoter's Facebook profile with "#NEEDTHEXC40" and explain why they need the Volvo XC40.

     

  5. The Competition Locations and dates during which the photographs must be taken in accordance with clause 4 are:
    1. Sydney Overseas Passenger Terminal from 18 April 2018 to 20 April 2018 during the hours of 8am to 5pm;
    2. Melbourne Federation Square from 22 April 2018 to 24 April 2018 during the hours of 8am to 5pm; and
    1. Brisbane King George Square from 2 May 2018 to 4 May 2018 during the hours of 8am to 5pm.

     

  6. Entrants must provide further contact details on request from the Promoter which may be via direct message. Responses must be provided within 2 business days of a request.
  7. Entries must be viewable by the Promoter at all times up until the date the winner is announced. Entrants must not post any photographs that are defamatory, rude, vulgar, inappropriate or objectionable, in the opinion of the Promoter, or are otherwise against the rules imposed by Facebook or Instagram. Any photographs of this nature may be removed from the Competition and the Promoter's Facebook page by the Promoter in the Promoter's absolute discretion.
  8. Photos that are copyrighted cannot be submitted unless you have permission from the photographer/owner.
  9. Each entrant warrants that the photograph is a genuine and accurate representation and that the photo has been taken within the Promotional Period. The Promoter reserves the right to disqualify any entrant submitting an entry that does not comply with these terms and conditions.
  10. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Facebook or Instagram membership and the use of Facebook or Instagram generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com or www.Instragram.com. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook or Instagram. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook or Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram.

     

  11. The Promoter reserves the right, at any time, to verify the validity of entries and entrants 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. Errors and omissions will 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.

     

  12. Incomplete or indecipherable entries will be deemed invalid.

     

  13. 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.

     

  14. Unlimited entries are permitted per person provided that each entry is unique submitted in accordance with these Terms and Conditions.

     

  15. The best and most creative entry, as determined by the Promoter from all entries received during the Promotional Period, will win a one month lease for the 2018 Volvo XC40 with automatic transmission subject to clause 16 and Schedule A of these Terms and Conditions (“the prize”). There will be one winner of this competition.

     

  16. The following conditions apply to the prize:

     

    1. Availability of colour and inclusions is subject to availability and the discretion of the Promoter.
    2. The prize must be picked up at a dealership in NSW, Victoria or Queensland.
    3. Costs of fuel, repairs, replacements; taxes, driver costs, tolls, fines and running costs are excluded from the prize and are payable by the winner.
    4. 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. Failure to sign these documents will result in forfeiture of the prize.
    5. If the prize has not been collected within 120 days from the date the winner has been announced, the prize will be forfeited.
    6. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
    7. If the prize (or part of the 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.

     

  17. Additional terms relating to the use of the prize are specified in Schedule A. It is a condition of entry that entrants agree to being bound by these terms and conditions should they be picked as the winner.

     

  18. The total national prize pool is RRP $2,500. The equivalent of loaning a similar car for a month. This prize is not exchangeable for cash or any other forms of credit.

     

  19. The winner will be announced via the Promoter's Facebook account on 11 May 2018.

     

  20. The Promoter may select additional entries to be used as replacements in the event that the first entrant chosen as a winner cannot satisfy these Terms and Conditions or take a prize.

     

  21. This is a game of skill and chance plays no part in determining the winner(s).Each entry will be individually judged by the Promoter based on the literary and creative merit of the answer provided to the question and the creativity of the photo entry. The Promoter reserves the right to select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant, or if any of the winners does not claim their prize. A winner is deemed to have not claimed the prize if no contact has been made by the winner with the Promoter within 90 days from the date the winner has been announced.

     

  22. The Promoter’s decision is final and no correspondence will be entered into.

     

  23. Entrants licence and grant the Promoter its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their photographs and answers for any purpose, including but not limited to publication on the Promoter’s Facebook page, future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants warrant to the Promoter that the photographs provided will be their original work and not infringe the rights of any third party, or that he/she will obtain full prior consent from any person who has jointly created or has any rights in the photographs to the uses contemplated by these Terms and Conditions, and the photographs do not infringe the rights of any third party. The entrants consent to any use of the photographs, which may otherwise infringe the creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights. By entering into this Competition, the entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty.

     

  24. If this Competition 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 Competition, as appropriate.

  25. The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties including but not limited to agents, employees and service providers assisting with this Competition. Entry is conditional on providing this information. The Promoter will keep your personal information for only as long as is necessary to carry out the purpose(s) described above (unless we are required or permitted by law to hold the information for a longer period). The Promoter may, if the entrant has opted in on the entry form, and, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with the Promoter’s privacy policy at [https://www.volvocars.com/au/footer/privacy Entrants should direct any request to access, update, correct information or opt out to the Promoter.

     

  26. All entries become the property of the Promoter.

     

  27. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters’ ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in their absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to state government legislation.

     

  28. 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”).

     

  29. 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 the Competition, including but not limited to the following:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference;
    3. any entry 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;
    4. any tax liability incurred; or
    5. the use or enjoyment of the prize.
  30. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook or Instagram.

The Promoter is VOLVO CAR AUSTRALIA PTY LTD of Level 1, 65 Epping Road North Ryde 2113. Tel 1300 787 802

Schedule A

Terms and Conditions:

Upon signing this agreement the above named parties take responsibility for the following:

  • The above drivers are the only authorised persons to drive the vehicle, any other person must obtain written authorisation from Volvo Car Australia. The above drivers must be 25 years of age or over.
  • The borrower must operate the vehicle within Australian road regulations and will be responsible to any traffic infringements incurred during the period of loan.
  • The borrower must keep the vehicle clean and secure at all times, keep it locked when unattended.
  • The borrower must not operate the vehicle under the influence of drugs or alcohol.
  • The borrower vehicle must not to be used for racing or pace making without prior authority.
  • The vehicle must be returned to VCA when requested by VCA.
  • The borrower is responsible for tolls.
  • The borrower is requested to re-fuel the vehicle.
  • Smoking is not permitted within the vehicle.
  • The borrower must hold a valid drivers licence.
  • If damage is sustained to the vehicle a VCA 0001d Fleet Vehicle Damage Report form must be completed. If in the event the borrower is at fault, (at the discretion of VCA management after review of Fleet Vehicle Damage, Police and Insurance reports), vehicle excess of $500,000 will be payable.
  • VCA accepts no responsibility for loss or damage to borrowers or any third party’s property in the vehiclehowsoever caused
  • The vehicle must at all times be driven carefully and responsibly.