TERMS AND CONDITIONS

 
1.  Information on how to enter and prize information form part of these Terms and Conditions of entry. Participation in the Beaurepaires Vehicle Giveaway (the Competition) is deemed acceptance of these Terms and Conditions. In the event of any inconsistency between any information on this Competition published elsewhere and these Terms and Conditions, these Terms and Conditions will prevail.  

2. The Promoter is Goodyear & Dunlop Tyres (Aust) Pty Ltd, ABN 86 004 098 346, of Level 8, 333 Collins Street, Victoria 3000, AUSTRALIA.

Competition Period

3. Competition commences on 12th September 2022 at 9:00am AEST and entries close on 26th October 2022 at 4:59pm AEDT (Competition Period).

Eligible Entrants

4. Entry is open to individuals and sole trader entities only.  Entry is only open to Australian residents aged 18 years or older (Entrants).  Employees (and their immediate families) of the Promoter, dealers (Goodyear Autocare, Beaurepaires, Dunlop Super Dealers) 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 stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin.

5. For the avoidance of doubt, the following persons are NOT eligible to enter this Event: credit customers, corporate customers, store based accounts, and small business accounts (other than sole trader entities).

6. To validly enter the Competition, the Entrants must: Visit the promotions page at https://www.beaurepaires.com.au/vehicle-giveaway and complete the entry form and provide all mandatory information on the form, including information from their original purchase receipt (Proof of Purchase), agree to the Terms & Conditions and click submit. Entrants must enter the Competition in their own name and will be required to provide all mandatory information that may include, but is not limited to, the Entrant’s full name, postcode of their residential address, date of birth, email address, contact telephone number and details of the Proof of Purchase (including purchase value, date of purchase, and tax invoice number) (Entry Procedure). Entrants who enter using multiple aliases (i.e., multiple names, addresses and/or email addresses) will be disqualified.

7. The Entrant’s name on the entry must correspond with the name of the Entrant’s personal identification document.

Locations

8. The competition will run at the participating Beaurepaires locations in Australia, which are displaying promotional material for this Competition in-store.

How to Enter

9. To be an eligible Entrant, the Entrant must, during the Competition Period, spend $45.00 AUD or more in one transaction at any participating Beaurepaires store and follow the Entry Procedure set out in clause 6 of these Terms.   

Any indirect costs associated with accessing and entering the Competition are to be borne by the Entrant. Eligible Entrants must submit their entries manually in accordance with the Entry Procedure. If an Eligible Entrant submits an entry, they will receive an email notification confirming that their entry has been received.  Each valid entry will be entered into a process of random selection.

10. Entrants must provide accurate, complete, and up-to-date information in the online entry form, including all requested contact and proof of purchase details to be eligible to win. Entrants must retain a Proof of Purchase which corresponds to each individual entry they submit in the Competition in order to claim the prize (if won).

11. Maximum entries are 3 per customer. Each individual entry must meet the requirements of these Terms and Conditions, be unique, and have a different date.  Multiple entries will increase an Entrant’s chance of winning.

12. 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 Competition. 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.

13. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter the Competition repeatedly is prohibited and will render entries submitted using such means invalid.

14. Incomplete or indecipherable entries, or entries that do not meet the qualifying requirements, will be deemed invalid.

15. 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.


Prize Draw

16. There will be one (1) prize winner in this Competition.

17.  Winner selection will take place at the Promoter's agency, Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250. One (1) eligible entry will be drawn by electronic random draw on 27 October 2022 at 11.00am (AEDT).  The winner will be announced at the Boost Mobile Gold Coast 500 Race on 30 October 2022.

18. The prize winner will be notified by email on their registered email address provided on their completed online entry form and will also be advertised on the Competition Website (https://www.beaurepaires.com.au/vehicle-giveaway) from four (4) business days after the competition.

Prize

19. There is one (1) prize to be won.  The prize is made up of the following:

One (1) x 2022 Ford Ranger WildTrak Model, valued at $74,000.  
One (1) x Passenger Ride Lap in a Supercars Gen3 Prototype at the Supercars Adelaide Event .
 

Please note that for safety reasons, guests will be required to fill out an indemnity form prior to their ride. Persons under 16 years of age will not be permitted to ride and persons under 18 years of age will require a parent or guardian on track to complete an indemnity on their behalf.  For safety reasons, guests must meet the following requirements: maximum height of 182cm and maximum weight of 90 Kgs.  Other reasonable requirements may apply.

Two (2) tickets (one for the prize winner and another for a companion of the prize winner) to travel to the city where the Supercars Adelaide Event is held and attend the Supercars Adelaide Event from the 2nd   - 4th of December 2022.
Two (2) nights shared accommodation for the prize winner and their companion at an establishment selected by the Promoter (minimum three (3) stars, twin-share).
If the prize winner resides outside of the major city where the Supercars Adelaide Event is held (the Destination City), economy class airfares for the prize winner and their nominated companion to and from the prize winner’s nearest Australian capital city to the Destination City.
If required, airport transfers to and from the Destination City’s airport and the prize accommodation location.

20. The Promoter will do all things necessary to effect a transfer of registration of the prize vehicle and delivery to the prize winner at a date and time to be advised by the Promoter to the prize winner, following consultation with the prize winner. The prize winner acknowledges that delivery is subject to the prize winner being within a reasonable distance from a metropolitan area.  The timing of delivery is subject to inventory and logistics availability.

21. The total RRP value of all prizes is up to $88,255 (exclusive of GST). Prize values are based on current RRP at the time of printing/publishing these terms and conditions. The Promoter accepts no responsibility for changes in the prize values between the time of printing/publishing these terms and conditions and the ultimate prize redemption. 

22.  All taxes (excluding GST) which may be payable as a consequence of receiving a prize are the sole responsibility of the prize winner. The prize winner may wish to seek independent financial advice as to any tax implications arising as a result of accepting the prize.  Costs and expenses associated with taking possession of the prize that are the responsibility of the prize winner include, but are not limited to, taxes, vehicle and third party insurance, operating costs, fuel, parts, servicing, dealer delivery, and all other incidental and ancillary costs incurred as a direct or indirect result of receiving the prize.

23. The Promoter takes no responsibility for the prize being damaged, lost or stolen.  To the extent permitted by law, the prize winner takes the prize on an “as is” basis, and the Promoter makes no representations or warranties that are not expressly stated in these terms.

Claiming the prize

24.  A prize winner must claim their prize by confirming their contact details and qualifying purchase details by return message within one (1) week of the date of notification.  Instructions on how to redeem the prize will be provided to a prize winner directly after the prize winner has claimed their prize and the Promoter may require the winning Entrant to provide relevant evidence in order to claim the prize, such as proof of identity, age, and any relevant Proof of Purchase.  If a prize winner does not claim the prize in accordance with the instructions specified, the prize will be deemed to be forfeited by the Entrant.  If an initial prize winner does not claim the prize for any reason by 11.00am AEDT on 6 November 2022 (Redemption Date), a substitute prize winner will be identified from a second prize draw that will also take place at the Promoter's agency, Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250, on 7 November 2022 at 11.00am (AEDT).  Any substitute prize winner must claim the prize by Monday, 14 November 2022.

Attendance terms and conditions

25. The prize trip must coincide with theSupercars Adelaide Event .  If the dates of the event change, the trip dates specified will change to align with the event, as determined by the Promoter in its absolute discretion.

26. If the prize winner is already located in the Destination City, the Promoter is not required to replace or reimburse a prize winner for the travel aspect of the prize.

27. The prize winner and any companions are responsible for ensuring that they have all necessary documents and permissions, and have satisfied all necessary requirements, to travel to the relevant destination and attend the event (including but not limited to any applicable travel, event, government, vaccination, and health order restrictions and requirements).  In accepting any prize, they acknowledge and accept that participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19.  They knowingly and freely assume all such risks related to illness and infectious diseases, including but not limited to any risk of injury, harm, and loss, even if such arises from the negligence, fault, or conduct of any kind on the part of the Promoter or the event provider.

28. The prize winner must hold a valid credit card and present it upon check in at the accommodation establishment to cover any incidental or other hotel charges.

29. The prize winner and any companion must travel together and depart from, and return to, the same departure point.  

30.  Frequent flyer points may not be accrued from making use of the prize.  Any travel and accommodation are subject to availability and may be dependent on travel class availability and specific room category availability.  Travel and accommodation will be arranged by the Promoter, or an agent nominated by the Promoter.  Spending money, meals, taxes (excluding airline and airport taxes if applicable), insurance, transport to and from departure point, additional transfers and all other ancillary costs are not included.  All travel components will be taken together as a single trip to be booked by the Promoter or the Promoter’s representatives, unless otherwise communicated.  The travel itinerary for the prize is to be determined by the Promoter in its absolute discretion, including the date and time each element of the prize must be taken. Once booked, no changes to the booking are permitted.

31. Participation in the Beaurepaires Vehicle Giveaway and associated travel/accommodation is subject to such other terms and conditions as may be imposed by those involved in providing the goods or services included in the Beaurepaires Vehicle Giveaway and associated travel/accommodation (Third Party Terms). The prize winner and nominated companion must comply with the Third Party’s Terms at their cost (if any) and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while a participant in Beaurepaires Vehicle Giveaway at the Supercars Adelaide Event and associated travel/accommodation. The Promoter assumes no liability (and will provide no compensation) to the prize winner and/or nominated travelling companion who, as a result of any failure to comply with any Third Party’s Terms, is unable to participate in the Beaurepaires Vehicle Giveaway andSupercars Adelaide Event , any associated travel/accommodation (or any part of these); or suffers any other loss or damage

The prize winner’s involvement in promoting the Competition

32.  In participating in the prize, the prize winner and any companion agrees to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed, photographed, or filmed. The prize winner agrees to granting the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the prize winner will not be entitled to any fee for such use.

General Conditions

33.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.  The Promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.

34. Prize is not transferable or exchangeable and cannot be taken as cash.  Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize.  In the event that, for any reason whatsoever, the prize winner does not complete an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the prize winner without any replacement for their value.  

35. As a condition of entering this Competition, each Entrant licenses and grants 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 entry for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

36. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a prize 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

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

Limiting Liability and Indemnity

38. 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) to modify, suspend, terminate or cancel the Competition, as appropriate.

39.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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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 Competition.

40. 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 Event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by the prize winner or Entrant; or (g) use of a prize.

41. The Entrants agree to indemnify the Promoter and its officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by the Promoter arising out of or in connection with (a) any breach of these Terms by the Entrant; and (b) the enforcement of these Terms.

Copyright and Trademark Notices

42. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. All material provided by the Promoter, including (but not limited to) online entry forms, questionnaires and any documents (Promoter’s Content), is the Promoter’s intellectual property and subject to copyright. Entrants must obtain prior written permission if an Entrant would like to copy or reproduce the Promoter’s Content. Modification of the Promoter’s Content is a violation of the Promoter’s copyright and other proprietary rights and is strictly prohibited. The trademarks, logos, and service marks displayed on the Promoter’s Content or the Promoter’s website to denote its brand are either the Promoter’s registered or unregistered trademarks (Marks). The Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to the Promoter, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Promoter. Nothing contained in the Promoter’s Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the Promoter’s express written permission. The Entrants agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that the Promoter will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Privacy Collection Statement

43. The Promoter collects personal information ("PI") in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. 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 https://www.beaurepaires.com.au/legal/privacy-policy. 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. 

44. Entrants understand that they are providing their information to the Promoter. 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.

Force Majeure

45.   The Promoter will not be in breach of these Terms or liable to an Entrant for any Loss incurred by any Entrant as a direct result of the Promoter’s failing or being prevented, hindered or delayed in the performance of the Promoter’s obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event. If a Force Majeure Event occurs, the Promoter will notify the Entrants (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay. On providing the notice in the above clause, the Promoter will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, the Promoter will continue to use all reasonable endeavours to perform those obligations. The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

46. References to a Force Majeure Event in this clause means: events, circumstances, or causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lockouts or other industrial action,

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster,

(d) epidemic, pandemic, health emergencies, disease,

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport,

(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers, or third-party hosting platforms), and

(g) the acts, decrees, legislation, regulations, or restrictions of any Government Agency; however, does not include a lack of funds.

References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

General

47. Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.  

48. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Competition may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

49. Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

50. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.

51. Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Competition is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.

52. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.

53. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

54. Last updated: 11 July 2022

Authorised under SA Permit Number: T22/1047, NSW Permit Number: TP/01886, ACT Permit Number: TP22/01321