http://kubota.com.au/
Kubota Tractor Australia Pty Ltd c
ompetition ("Grand Prize
promotion")
Terms and Conditions
–
Game of Chance
Terms and Conditions
1.
The Promoter is Kubota Tractor Australia Pty Ltd (ABN
72 005 300 621) of 25
-
29 Permas
Way, Truganina VIC 3029, telephone
(03) 9394 4400. A participant in this competition is
referred to as ‘entrant’ or ‘you’.
2.
This competition is in no way sponsored, endorsed or administered by, or associated with,
Facebook.
3.
Information on how to enter and the details of this competition, including information
cont
ained on kubota.com.au
(
"website") form part of these terms and conditions. Should
there be any conflict between these terms and conditions and any competition details, these
terms and conditions will prevail.
Eligibi
lity
1.
Entry is only open to Australian residents aged 18 years or older at the time of entering this
competition. Employees (and their immediate families) of the Promoter and participating
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 naturalor by adoption); parent; step-parent; grandparent; step-grandparent; uncle; aunt; niece;
nephew; brother; sister; step-brother; step-sister, orfirst cousin.
Entry
2.
Individuals must purchaseor cause to be purchasedany
new Kubotaexcavator
from a participating authorised Kubota dealer between
9:00am AEST (Melbournetime) on 16
February 2014 and 23:59pm
AEST (Melbournetime) on 30 April 2014(“QualifyingRetailCustomerPurchase”).
Participating dealerships can be located at kubota.com.au.
3.
The promoter will keep records of each
new Kubota excavatorpurchased from participatingauthorisedKubota dealers
for automatic entry. Entrants must retain the receipt showing the
purchase anddate and time of purchase(“Eligible product purchase”
). Entrants who
refund or return the purchase used to meet this requirement, will not be entitled to any prizeand if they
are awarded a prize must return it to the Promoter.
4.
There is a strict limit of one
(1)entry per“Eligible Product Purchase”.
Entrants will begiven one(1)
additional entry when at the time of an
“Eligible Product Purchase”aKubota
Tractor Australia supplied
Toku Hammer is also purchased.
Limit of one (1) additional entry
per excavator purchased.
5.
Entries must correctly provide all requested information including the entrant’s full name and
correct contact details (valid email, phone number and postal address).
Inaudible,
incomprehensive, illegible and incomplete entries will be deemed invalid.
6.
The
end date may be changed or updated at
the discretion of the Promoter, subject to
approval from the relevant State or Territory regulatory authorities, where required
.
7.
By
entering the competition
each person consents to the Promoter using the entrant’s name
and entry for the purposes of promotion, marketing and publicity in any and all media,
worldwide, for an unlimited period, without notice to the entrant and without payment of any
fee or compensation of any kind.
8.
The Promoter accepts no liability for late
, lost, delayed or misdirected entries that are not
received for any reason, or any phone, line, network
, website
and/or any server technical
failure involved in any communication related to this competition.
9.
Entries are deemed to be received at the time o
f receipt in the competition database.
10.
All entrants must retain their original receipts, documents or tags to validate proof of
purchase during promotional period. Such evidence must, on request by the Promoter, be
provided to the reasonable satisfaction o
f the Promoter, to demonstrate that the entrant has
complied with these Terms and Conditions. Any entrant found to be sharing any receipt or
other proof to demonstrate Proof of Purchase with any other entrant, whether or not related
in any way, will have
all entries invalidated and will not be able to claim a prize.
I
f such an
entrant is awarded a prize and then found to have breached this clause, the entrant must
immediately return any awarded prize to the Promoter. The Promoter has sole discretion to
det
ermine if this clause has been breached by any entrant. The Promoter reserves the right
to request whatever documentation it deems necessary to confirm if the entrant has
breached this clause.
An entrant must provide any requested documentation to the Prom
oter
upon request. The Promoter may conduct an immediate redraw if the first drawn entrant is
unable to satisfy this clause.
Selection of the Prize Winner
11.
The Prize Winner will be the first valid entry drawn on 7 May 2014 at 1:30pm AEST at Level
22, 385 Bourke Sreet Melbourne VIC 3000. The winner will be notified by phone and mail or
email within two days of the draw and the prize winner’s name and postcode
will be
published in “The Australian”
newspaper on 12 May 2014.
12.
The Promoter’s decision is final in regard to all aspects of this promotion and no
correspondence will be entered into.
13.
If the Promoter is unable to make satisfactory contact with the Pri
ze Winner for any reason
by 6 August
2014 at 5:29pm AEST
, the prize will be forfeited by that winner
. If a prize is
forfeited by a winner/s, an unclaimed prize draw will take place, subject to any written
directions of the relevant regulatory authorities. The
unclaimed prize draw will take place at
the same location
as the original draw on 11 August
2014 at 10:00am AEST. The unclaimed
prize winner, if any, will be notified by phone and mail or email within 2 days of the unclaimed
prize draw and will have their
name and postcode published in “The
Australian” newspaper
on 18 August2014.
14.
If any winning entry is deemed not to comply with the terms and conditions, that entry will be
discarded and
a new Prize Winner will be selected
in accordance
with the terms and
c
onditions.
15.
If the prize is unavailable for any reason, the Promoter may substitute that prize for another
item of equal or higher value as determined by the Promoter, subject to the approval of the
gaming authorities in all states
, where required.
16.
Forthe winning entry, the person entitled to the prize is the entrant. If more than one person
claims to be the entrant and claims the prize, the Promoter will have the sole discretion to
determine which of those persons is the Prize Winner.
Prize
17.
The firstvalid entry randomly drawn will win a
returntrip to Las Vegas. The prize consists ofreturn
economy class airfares for four (4) adult persons from the winners nearest Australian
capital city to Las Vegas with stop in Los Angeles, one return private car t
ransfer from Las
Vegas Airport to Caesars Palace Hotel,
twotwin
-
share accomodation for four (4) persons for
four (4) nights in
Caesers Palace Hotel (four stars
), full day tour of the Grand Canyon South
Rim by coach for four (4) persons,
twotwin
-
share accomodation for four (4) persons for two
(2) nights in Crowne Plaza Beverley Hills Hotel (four
stars)
with late checkout of 6:00pmCST
,
half day grand deluxe tour of Los Angeles f
or four (4) persons
and $2,000AUD spending
money
(to be deposited into the Prize winner’s nominated bank account by electronic fundstransfer)
.
Maximum value of $5,359.82 per person.
Travel will be arranged through the
Promoter’s nominated preferred travel agent. All other travel costs or any other costs are
excluded. Travel insurance, travel risk, medical requirements, additional meals and
additional spending money are not covered by the Promoter and are the prize winner’s ole
responsibility. The Grand C
anyon and Los Angeles tou
rs are limited to those specified
by the
Promoter and cannot be exchanged or altered. If the winner wishes to purchase any
additional tickets they must do so at their own expense and will be subject to availablity.
18.
All parts of the prize must be taken as offered and are not trans
ferrable, exchangeable or
redeemable for cash. The
totalprize is valued
at up to a maxmimum of $23,439.28AUD
and$5,359.82 per person with $2,000AUD spending money deposited into the Prize winner’s
nominated bank account by electronic funds transfer.
The
total Prize Value is recommended
retail value as provided by the suppliers.
In the event that the entire allocated budget is not
used up when organising travel (and provided all services nominated above have been
fulfilled) or the winner waives or forfeits
any part of the prize, any such remainder will be
forfeited by the winner and will not be awarded as cash.
19.
The winner and any companions must be available to travel during the 12 month period
following the promotion end date. All travel relating to this p
rize must be completed by 07
May 2015.
20.
The winners and their companions must have or be eligible to obtain any travel
documentation required for travel relating to a prize. The organisation of all such
documentation is
t
he sole responsibility
of the
winner and their respective companions.
21.
The Prize winner and companions must travel at the same time and depart from the same
capital city and are responsible for transport from their respectiv
e residence to the airport at
their nearest capital city for f
lights.
22.
All elements of the prize are subject to the standard Terms and Conditions of prize service
providers.
23.
The prize cannot be exchanged for cash. The Promoter reserves the right to provide an
alternative prize at its absolute discretion if for any re
asons outside of its reasonable control
the
prize is unable to be supplied,
subject to approval from the relevant State or Territory
regulatory authorities, where required.
24.
The Promoter is not responsible for any cancellation, postponement, delay or resche
duling of
transport and any costs incurred as a result. Including, without limitation, any accomodation
costs will be the sole responsibility of the Prize winner.
25.
The Promoter reserves the right to refuse to allow the Prize winner or one or more of the
pri
ze winner’s guests to take part in any or all aspects of the prize, if the Promoter
determines, in its absolute discretion, that a Prize winner or one or more of the prize winner’s
guests are not in the mental or physical condition necessary to be able to
safely participate in
the Prize.
Intellectual Property and Privacy
26.
Entrants acknowledge that all intellectual property rights in this competition belong to the
Promoter.
27.
Each entrant warrants that their entry complies with the terms and conditions of this
competition, and does not infringe any third party intellectual property rights or any Australian
law.
28.
Any personal information collected about entrants will be used in accordance with the
Promoter's Privacy Policy. If an entrant does not provide their p
ersonal information, the
Promoter will not be able to enter that entrant in this competition.
Publicity
29.
By entering this competition, you consent to the Promoter and its designees use of your
name, city of residence, photograph, voice, statement and image
for any publicity and
advertising purposes, in any and all media, now or hereafter devised, worldwide in
perpetuity, without additional notification, permission or compensation, except where
prohibited by law.
Governing Law
30.
This competition and these terms and conditions shall be governed by Australian law and the
courts of Australia shall have exclusive jurisdiction to hear and determine all issues and
disputes that may arise in relation to this competition or these terms an
d conditions. Entrants
submit to the jurisdiction of the Australian courts and agree that the Australian courts are a
convenient forum in which to resolve any issue or dispute arising out of or in relation to this
competition.
General Conditions
31.
As a
condition of accepting a prize, the Prize winner and their respective companions must
sign a legal document 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 in
demnity form.
32.
The Promoter reserves the right to alter, amend or supplement these terms and conditions
from time to time at
its
absolute discretion
, subject to approval from the relevant State or
Territory regulatory authorities, where required
.
You agree
that you will be bound by such
changes and that you shall not hold the Promoter liable for any losses resulting from any
such changes.
33.
The Promoter alone will be the arbiter of any question of interpretation of these terms and
conditions and any aspect of
this competition or its content. The Promoter's decision as to
any matter arising out of or in connection with this competition shall be final and conclusive.
34.
In the event of any breach of these terms and conditions the Promoter reserves the right to
refus
e entry to this competition and/or disqualify the entrant in question from any further
participation in this competition, and/or disqualify any entry and the Promoter's decision is
final.
35.
If for any reason this competition is not capable of running as plan
ned, the Promoter
reserves the right in the Promoter's sole discretion to discontinue, modify or suspend this
competition
, subject to approval from the relevant State or Territory regulatory authorities,
where required
.
36.
By entering this competition, you agree to indemnify and hold harmless the Promoter,
agents, servants and employees from any and all claims, demands, actions, losses, liabilities
and suits arising out of or attributable to your participation in this competition, including
(without limitation
) any claim or allegation that your entry infringes a third party’s intellectual
property rights or constitutes an unlawful disclosure or misuse or misappropriation of another
party’s confidential information. Any questions, comments or complaints regarding this
competition should be directed to the Promoter at
sales@kubota.com.au.
37.
If for any reason any aspect of this competition is not capable of running as planned,
including by reason of inf
ection by damage to the
website
, computer virus, mobile network
failure, bugs, tampering, unauthorised intervention, fraud, technical failures, vandalism,
natural disasters, acts of God, strikes, acts of terror or any cause beyond the control of the
Promoter which corrupts or
affects the administration, security, fairness, integrity or proper
conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify
or suspend this competition, or invalidate any affected entries, subject to the approval of t
he
gaming authorities in the relevant State or Territory where required.
Permit Details
38.
Vic Permit No: 14/3370, SA Permit No: T14/177, NSW Permit No: LTPS/14/00740. ACT
Permit No: TP 14/00365.
WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR
THE
INFORMATION ON THE WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE
OPERATION OF THIS COMPETITION IS A BREACH OF THE CONDITIONS AND MAY BE A
VIOLATION OF CRIMINAL OR CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE,
WHETHER OR NOT SUCCESSFUL, THE PROMOT
ER RESERVES THE RIGHT TO SEEK
DAMAGES TO THE EXTENT PERMITTED BY LAW
Australian Competitions Club
