The promoter, a car manufacturer, is giving away 3 cars, each worth between $50k & $100k. To win you need to name the manufacturer of the car. I initially assumed the manufacturer must be a new entrant to Australia but that may not be the case. Anisimoff Legal drafted the T&Cs so there are few clues there.
However, I did a google search on who the car manufacturer may be & someone on Whirlpool said it was Ford and the cars are the Mustang, Mondeo & Everest.
http://webcache.googleusercontent.com/search?q=cache:Yjon8lsXAJIJ:forums.whirlpool.net.au/archive/2317103+&cd=1&hl=en&ct=clnk&gl=au After a quick google search this looks plausible to me but I would like someone who knows about cars, or has been anticipating the launch of these new Fords, to confirm that Ford is the correct answer.
This is an exciting comp but BEWARE you're only allowed ONE entry by the web & ONE by Twitter. To be entered into the draw your entry must be
correct. ie Please
don't enter until you are certain of the answer. I find the T&Cs unclear on this point but it may be that if you guess incorrectly you've blown your chance(s). ie it may be that you're not allowed to enter a squillion times guessing a different car manufacturer each time, with only your correct answer going into the draw & your incorrect ones discarded. It may be that if you enter more than twice (once via web & once via Twitter) you'll disqualify yourself.
Best to only enter when you're certain of the answer.
https://guesswhoaustralia.com.au/TERMS & CONDITIONS
PROMOTIONAL HELPLINE
For any promotional queries call 1800 116 939 (during EST business hours)
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 18 years or over.
3. Employees, contractors, officers, directors and agents of the Promoter, Nominated Car Brand, dealers of the Nominated Car Brand and agencies associated with this promotion (and the immediate families of each listed person, as defined) are ineligible to enter and ineligible to win (“Ineligible Persons”). 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. If an Ineligible Person enters, that person’s entry will be deemed invalid, even if at the time of entry the person did not know that they were an Ineligible Person. For the sake of clarity, an Ineligible Person’s entry may be deemed invalid by the Promoter at any time including after a draw has been completed.
4. Promotion commences on 27 September 2014 and ends at 11.59pm AEDST on 11 October 2014 (“Promotional Period”).
5. Throughout the Promotional Period clues will be released by the Promoter and/or a representative of the Promoter regarding a specific brand of car (“Nominated Car Brand”). To enter, individuals must complete entry via any of the following mechanics during the Promotional Period:
(A) Twitter: send a tweet with their correct guess as to the company that is the Nominated Car Brand (based on the clues provided) together with the hashtag ‘GuessWho’ (e.g. XXXX #GuessWho) (“Twitter Entry Mechanic”);
(B) Website: visit guesswhoaustralia.com.au follow the prompts to the promotion entry page, input the requested details including their correct guess as to the company that is the Nominated Car Brand (based on the clues provided) and submit the fully completed entry form (“Website Entry Mechanic”).
For the sake of clarity, an entrant will not receive an entry into the draw for any entry where they submit an incorrect guess as to whom they think is the Nominated Car Brand. Entrants who enter via Twitter must ensure that their Twitter account is set to ‘public’ and their Twitter profile contains sufficient details to adequately identify them.
6. 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 whether the entrant is ineligible to enter under Clause 3 of these Terms and Conditions) 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 promotion. 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.
7. Incomplete, inaccurate or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) limit one (1) entry per person via the Twitter Entry Mechanic; (b) limit one (1) entry per person via the Website Entry Mechanic; and (c) each entry must be submitted separately and in accordance with entry requirements. For the sake of clarity, each person may receive a maximum of two (2) entries into the draw.
9. 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.
10. The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne Victoria 3004 on 13 October 2014 at 12noon AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. If no entry received during the Promotional Period includes a correct guess as to the Nominated Car Brand, all entries received during the Promotional Period will be entered into the draw (regardless of their guess as to the Nominated Car Brand).
11. The winners (or the provisional winners, if their identities need to be verified under clause 6) will be notified within two (2) business days of the draw by email, or if entry is via Twitter, the winner (or provisional winner) will be notified via a tweet. The winners’ names will be published in The Australian on 29 October 2014.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first three (3) valid and correct entries drawn will each win a prize including a new car, 12 month registration, 12 month compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). The exact car awarded will be determined by the Promoter in its absolute discretion but will be a car from the Nominated Car Brand. Each prize will be valued between $50,000 and $100,000. Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. Each winner must pick up their prize from their nearest dealership of the Nominated Car Brand in Australia.
14. If a winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
15. If for any reason a winner does not take a prize at or by the time stipulated by the Promoter, then the prize will be forfeited.
16. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
17. The total prize pool is valued at up to $300,000.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
19. A draw for any unclaimed prizes may take place on 15 January 2015 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified within two (2) business days of the draw via email (or if entry via Twitter, via a tweet) and their names will be published in The Australian newspaper on 19 January 2015.
20. Entrants consent to the Promoter, and/or Nominated Car Brand 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 and/or Nominated Car Brand. The entrants will be told the identity of the Nominated Car Brand before the Nominated Car Brand uses the information described in the clause in any media.
21. 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 written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
22. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
23. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
24. 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 2010 (Cth), as well as any other implied warranties under the Australian Consumer and Investments Act 2001 (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 and the Nominated Car Brand company (including their respective officers, employees and agents) exclude 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.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Nominated Car Brand company (including their respective officers, employees and agents) are not responsible for and exclude 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 or the Nominated Car Brand company’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 or the Nominated Car Brand company) due to any reason beyond the reasonable control of the Promoter or the Nominated Car Brand company; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
26. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to tweets, guesses submitted via the promotion website, comments, recordings and images (“Content”). The Promoter and the Nominated Card Brand company shall not be liable in any way for such Content to the full extent permitted by law. The Promoter and the Nominated Card Brand company may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter and/or the Nominated Card Brand company may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and the Nominated Card Brand company for any breach of the above terms.
27. As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Nominated Card Brand company, and their 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 (which shall include Content e.g. tweets and guesses via the promotional website) 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. For the sake of clarity, the Promoter and/or the Nominated Card Brand company may republish tweets and guesses submitted for the promotion for promotional and PR purposes.
28. As a condition of accepting a 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 (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to the Nominated Car Brand company, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. 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://guesswhoaustralia.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter and the Nominated Car Brand company may, for an indefinite period, unless otherwise advised, use the PI for research and profiling purposes, and if an entrant selected “Yes” to receive future news from the Promoter or if otherwise permitted by law, the Promoter may also contact the entrant (via electronic messages or telephoning) about special offers, promotions, products and services. 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. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
30. Applicable to Twitter Entry Only: Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Twitter Terms of Service, which can be viewed at
https://twitter.com/tos. This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter. 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 promotion must be directed to the Promoter and not to Twitter. Twitter will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
31. If any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of these Terms and Conditions will remain in effect.
32. The Promoter is Safari Marketing Pty Limited (ABN 48 160 004 044) of Level 12, 380 St Kilda Road, Melbourne, Victoria 3004, telephone 03 9690 1477.
NSW Permit No. LTPS/14/07430; VIC Permit No. 14/5207; ACT Permit No. TP14/03281; SA Permit No. T14/1751.
