http://win.hyundai.com.au/#_ga=1.177858534.21839409.1432155504Schedule to Entry Conditions
Item
Subject
Details
1
Promoter
Name: Hyundai Motor Company Australia Pty Limited
ABN: 58 008 995 588
Address: Cnr 394 Lane Cove Road & Hyundai Drive
Macquarie Park NSW 2113
Phone: 1800 186 306
(“Promoter”)
2
Who may enter?
Entry is only open to persons who meet all the following criteria:
Australian residents;
aged 18 years or over;
capable of accepting ownership & registration of a motor vehicle in his or her name in accordance with the applicable legislation in the Australian State or Territory in which the Prize is collected; and
is willing, ready and able to complete all entry requirements set out in these Terms and Conditions.
Employees (and their immediate families) of the Promoter and agencies associated with the 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, auntie, niece, nephew, brother, sister, step-brother, step-sister or first cousin, whether or not they live in the same household as the director, manger, employee, officer or contractor.
3
Promotional Period
The promotion starts at 9.00am (AEST) on Sunday 10 May 2015 and closes at 11:59pm (AEST) on Saturday 14 June 2015 (“Promotional Period”).
4
(a)
How to enter
To enter, eligible entrants must, during the Promotional Period:
Visit: win.hyundai.com.au, complete in full and submit, the Entry Form, including name, phone, email, state of residence. Entrants will then be provided with a promotional number plate, each carrying a unique single-use, non-sequential code, generated automatically for each entrant. One promotional number plate will be allocated to each eligible entrant. Five of these promotional number plates issued to Entrants will be the winning number plates linked to the 5 Hyundai ix35 SE Automatic Prizes. All participating authorised Hyundai Dealerships will display similarly designed promotional number plates on all Hyundai cars in their Dealerships.
Entrants need to print off their promotional number plate or capture the plate on a mobile phone. Then visit any Hyundai Dealership during the Promotion period to see if their promotional number plate matches a promotional number plate displayed on featured Hyundai cars in the Dealership. If an entrant’s promotional number plate matches one on a featured Hyundai car in a Dealership, the Entrant will win one of 5 Hyundai ix35 SE’s, after a verification process is undertaken.
(b)
Maximum number of entries
Limit of one (1) entry per person.
5
(a)
The prizes
There are five (5) Hyundai ix35 SE Automatic available to be won during the Promotional Period. There will be one prize allocated per week.
Each Hyundai ix35 SE prize will be petrol, automatic transmission, Silver in colour. The Promoter may in its sole and absolute discretion accommodate the winner’s colour preference for the vehicle, subject to availability. Maximum retail value of each vehicle is $36,193.63, including all on road costs.
The prize includes the first 12 months registration in the winner’s State or Territory of residence, the first 12 months compulsory third party insurance and other, on road costs including, stamp duty and dealer delivery costs, dependent upon the State or Territory of each winner’s usual residential address.
All ancillary costs or accessories not expressly provided are the responsibility of the winner. The Prize excludes comprehensive insurance, operational costs, fuel, personal costs and any other ancillary or incidental costs related to the Prize or anything else not specifically mentioned, which is the responsibility of the winner.
Delivery or collection of the prize vehicle (as applicable) is subject to availability of the vehicle, but is anticipated to be within 28 days of the winner claiming the prize.
If the Prize winner is, through any legal incapacity or otherwise, unable to register any motor vehicle prize in his or her name then they may assign that motor vehicle prize to another person with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the Prize winner and an assignee.
The Prize will be made available for the winner to collect from the authorised Hyundai Dealer closest to the winner’s place of residence as stated in their entry details. All costs associated with travel to and from the authorised Hyundai Dealer is at the winner’s own cost. Further details and locations of Hyundai dealers can be found at
www.hyundai.com.au/find-a-dealer.
The Promoter accepts no responsibility for any mechanical, body or paint repairs or repairs or maintenance of any kind relating to the Prize after the date and time of prize collection by a winner. Any vehicles depicted in any promotional material are not necessarily the same colour or grade as the Prize vehicle, and are for illustration purposes only.
(b)
How any unclaimed Prizes are awarded.
After the Promotion, if any Hyundai ix35 SE’s is unclaimed, a second chance draw will be undertaken from the Entry Form database of All eligible entrants at 2pm AEST on 23 September 2015 at MDSA, 15 Grosvenor Street, Neutral Bay. NSW. The first eligible entrant/s drawn will win one of the remaining Hyundai ix35 SE’s. The entrant with the matching ticket will only be a winner if they are the person registered in the Entry Form that correlates to the winning promotional number plate ticket.
(c)
Maximum value of prizes
Maximum retail value of each vehicle is $36,193.63, including all on road costs.
Maximum retail value of the prize bank is $180,968.15.
6
Winner notification
Each winner will be notified in writing by email and by telephone within two (2) business days of being determined.
7
Winner publication
Winner’s names and suburb/state will be published in The Australian newspaper on 26th June 2015 and in Hyundai’s newsletter ‘HyLights’ and on Hyundai Motor Company Australia’s social media channels.
8
Redraw or redetermination of winner
If any vehicle prize is unclaimed by 30th June 2015 or the original winner is otherwise ineligible to be awarded the vehicle prize because they are unable to satisfy these Terms and Conditions, that winner/s will forfeit that vehicle/s, which will then be awarded in a draw from the applicable state/s from all eligible entrants who completed the online Entry Form, to be held at 2pm AEST on 23 September 2015 at MDSA, 15 Grosvenor Street, Neutral Bay, NSW 2089. The first eligible winner/s drawn, once verified, will each win one of the remaining vehicles. Identical conditions as outlined in section 5(a) will apply.
The winner/s will be notified in writing by email and by telephone within two (2) business days of being determined. The name/s and suburb/s of winner/s in this redraw will be published in The Australian newspaper on 30 September 2015.
9
Permit numbers
Authorised under NSW Permit No. LTPS/15/03355, ACT TP15/05629, Victorian Permit No. 15/893 & SA Licence No. T15/680
10
Additional terms
At the end of the lottery all existing claims to prizes and entitlements will be met notwithstanding the advertised prize pool has been exceeded, and
Printing errors or other quality control matters outside the control of individual
players must not be used as the sole basis for refusing to award a prize.
Entry conditions
ENTRY
Entry is only open to those persons specified in Item 2 of the above Schedule to Entry Conditions (“Schedule”).
To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule.
Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule.
All entries must be received by the Promoter by or in the period indicated in Item 3 of the Schedule. Entries are deemed to be received at the time the Promoter receives the entry in its promotion database, and not at the time of transmission by the entrant.
The Promoter may, at any time, verify the validity of entrants and entries (including an entrant’s identity, age, place of residence and whether they hold any driver’s licence required to enter this promotion). Entrants must fully cooperate with the Promoter in connection with such verifications.
The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. However, the Promoter may (but is not obliged to) at its discretion accept an entry which contains errors or omissions.
All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant’s responsibility.
If this promotion involves the entrant participating in any physical or sporting activity, the entrant acknowledges and agrees that:
the entrant is fit, in good health, and not aware of any reasons that may harm or endanger their health by participating in such activities. Without limitation, the entrant warrants and agrees that at the time they participate in the activities, they will not be pregnant, under the influence of drugs or alcohol, and will not have any heart condition, abnormal blood pressure, epilepsy, pre-existing injury or any other medical condition that might make it unsafe for them to participate in the activities;
the entrant may be required to undertake tasks that may be physically challenging and may involve risks of injury, illness or death, some of which may be obvious and others that may not be obvious;
the entrant may be required to sign an indemnity form (with content that the Promoter determines in its discretion) before participating in the activities, and if they refuse to sign the indemnity form, this will disqualify the entrant and the Promoter may select another person to replace the entrant at its sole and absolute discretion;
the Promoter will not be responsible or liable for any personal injury, illness or death caused to the entrant or any other person in connection with the entrant’s participation in the activities; and
the entrant must conduct themself in an appropriate manner and follow the Promoter’s instructions and all venue rules and regulations at all times.
If this promotion involves the entrant submitting any photographs, images, films, recordings, footages, videos, sms or mms messages, testimonials, comments, artistic works, literary works, information, materials or documents to the Promoter (“Content”) then the entrant agrees that:
the entrant must not submit any Content that is unlawful, fraudulent, defamatory, offensive, obscene, derogatory, discriminatory, pornographic, sexually inappropriate, insulting, scandalous, violent, abusive, harassing, threatening, inflammatory, not suitable for children under 15 years, unlawful, libellous, hateful, objectionable in relation to race, religion, ethnicity or gender, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law, capable of giving rise to a civil liability or otherwise unsuitable or inappropriate;
the entrant must not submit any Content that breaches or may breach any intellectual property, privacy, publicity or other rights;
the Content is the entrant’s own original independent creation and does not include any third party’s intellectual property or infringe any third party’s intellectual property rights;
the entrant is fully responsible for the Content. The Promoter will not be liable for the Content or its use in any way;
before submitting the content, the entrant has obtained or obtains the consent of all persons who appear in the Content to in relation to the use of the Content for this promotion;
the Content has not been published previously or used in any other promotion;
the Content will not contain viruses or cause injury or harm to any person or entity;
the entrant will comply with all applicable laws and regulations, including without limitation, those laws governing intellectual property, content, defamation, publication, privacy and the access and use of computer or communication systems;
the Promoter may review all Content and may at any time reject, remove or take down any Content (wholly or partially) at its sole and absolute discretion without notice if it considers, discovers or suspects the Content not to comply with any of these Term and Conditions;
the entrant must comply with all requests by the Promoter to remove, take down or edit any Content;
unless clause 1.10applies, the entrant grants the Promoter, its affiliates, agencies and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, disclose and display the Content for any purpose and in any media and medium, without compensation, liability, restriction on use, attribution of the entrant’s moral rights. Entrants warrant that they have full authority and rights to grant such rights to the Promoter.
the entrants must not assert any moral rights in connection with the Content;
If the Promoter requires, all title and property in any Content will be transferred from the entrant to the Promoter and the entrant will not be entitled to any compensation for such transfer.
PRIZES
The prizes in this promotion include the prizes set out in Item 5(a) of the Schedule. The entrant agrees to any terms relating to the prizes set out in Item 5(a) of the Schedule.
Prize winners will be selected in accordance with the method set out in Item 4(a) of the Schedule.
Prize winners will be notified in accordance with the terms set out in Item 6 of the Schedule, and their names and/or suburbs will be published in accordance with the terms set out in Item 7 of the Schedule.
The entrant must ensure they provide their correct contact details to the Promoter, and to notify the Promoter of any changes to their contact details before the date and time for announcing winners. The Promoter will not be liable if it cannot contact any winner because of any incorrect contact details provided by an entrant.
If a winner is under 18 years, the Promoter may award the prize to the winner’s parents/guardian on the winner’s behalf.
If the Promoter requests, the winner (and any parent or guardian of the winner) must provide the Promoter with proof of identity before being eligible to claim a prize. 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.
If any prize or portion of a prize is unavailable, the Promoter may at its sole and absolute discretion substitute the prize or portion of that prize with a prize of equal value and/or specification, subject to any directions form any regulatory authority, if applicable.
The maximum prize pool value is set out in Item 5(c) of the Schedule. The Promoter accepts no responsibility for any variation in the total prize value or any individual prize value.
Prizes or any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless the Promoter agrees otherwise in writing.
Prizes are awarded subject to the standard terms and conditions of individual prize and service providers.
Any ancillary costs associated with redeeming a prize (including without limitation, transportation costs) are not included and are the responsibility of the winner.
The entrant agrees to the terms concerning (if applicable) redraws and redetermination of winners set out in Item 8 of the Schedule.
These Terms and Conditions and any promotional materials connected with this promotion do not include by implication any term, condition, representation or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, image, manufacture, design or performance of any of the prizes, to the fullest extent permitted by law.
PRIVACY
The Promoter collects the entrant’s personal information to conduct this promotion and may, for this purpose, disclose such information to third parties, including without limitation, to its agents, contractors, affiliated entities, service providers, prize suppliers and Australian regulatory authorities.
The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any opt out, access, update or correct information request to the Promoter. A copy of the Promoter’s privacy policy can be viewed at
http://www.hyundai.com.au/privacy.
Entrants consent to the Promoter using their name, suburb of residence, photo, likeness, image, voice, recording, film and/or footage in any media for an unlimited period without remuneration to promote this promotion (including any outcome), and promote any products and services that the Promoter supplies or distributes.
SOCIAL MEDIA
If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees:
to comply with (where applicable) Facebook’s, Twitter’s, YouTube’s, Instagram’s and any other social media website’s terms and conditions in relation to promotions, including (as applicable) Facebook’s Statement of Rights and Responsibilities, Twitter’s terms of service, YouTube’s terms of service and Instagram’s terms of use;
that this promotion is in no way sponsored, endorsed or administered by, or associated with (where applicable) Facebook, Twitter, YouTube, Instagram or any other social media website (unless otherwise specified); and
that any questions comments or complaints about this promotion must be directed to the Promoter and not to (as applicable) Facebook, Twitter, YouTube, Instagram or other social media website.
GENERAL
All of the Promoter’s decisions in connection with this promotion are final and binding, and no correspondence will be entered into regarding the decisions. All decisions are made at the sole and absolute discretion of the Promoter.
Entrants agree to indemnify and keep indemnified the Promoter against all losses, costs, expenses, damages or liabilities that the Promoter suffers or incurs or is likely to suffer or incur, and against all claims, demands, proceedings, suits and actions against the Promoter in connection with an entrant’s breach of any of these Conditions.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter may at its sole and absolute discretion and to the full extent permitted by law:
invalidate any entry;
disqualify any entrant; and/or
modify, suspend, terminate or cancel the promotion, as appropriate,
for any reason the Promoter deems appropriate at its discretion, including without limitation if:
any entry does not comply with any of these Conditions, is incomplete or indecipherable, or is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents;
any entrant does not comply with these Term and Conditions or tampers with the entry process;
the promotion is not capable of being conducted as reasonably anticipated;
any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;
any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or
any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion.
Nothing in these 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 any other consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).Except for any liability which cannot by law be excluded (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees, directors, contractors, agents and affiliated entities) is not responsible for and excludes all liabilities for (including exclusion of all liabilities for negligence, personal injury, illness and death of any person), losses, expenses, damages, costs, claims, demands, proceedings, actions and suits (whether or not direct, indirect, special, consequential) arising as a result of or in connection with any of the following:
any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;
any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or
any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion;
entry or prize claim that is late, lost, altered or damaged, whether or not due to the Promoter’s act, omission or fault;
variation in prize value to that stated in these Terms and Conditions;
entrant’s or other person’s participation in this promotion;
damage caused to any prize in transit before the prize winner takes possession;
tax liability incurred by a winner or entrant;
use or misuse of the prize;
invalidation of any entry;
disqualification of any entrant; and/or
any cancellation, termination, modification or suspension of this promotion.
If any Hyundai vehicle is to be loaned to an entrant or winner, such loan is subject to the Promoter’s standard terms and conditions in relation to vehicle loan arrangements. The entrant or winner must sign any document or agreement that the Promoter requires before accepting and using the loan vehicle (including any deed of release and indemnity). Without limiting the terms in the vehicle loan agreement, the entrant or winner agrees that:
the vehicle must be collected and returned at a time and to a location the Promoter requires; and
the entrant or winner will be responsible for all fuel costs and traffic infringement fines, penalties and tolls incurred during the loan period.
The entrant must comply with all additional terms set out in Item 10 of the Schedule.
Where applicable, the permits/licences issued for the conduct of this promotion are set out in Item 9 of the Schedule.
