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« : Sunday 13 April 2014, 02:55:30 pm » |
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 http://kia.com.au/contact/book-a-test-driveTERMS AND CONDITIONS
All sections and information in this document form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their parent/guardian (where applicable).
1) "Promoter":
Name: Kia Motors Australia Pty Ltd.
ABN: 97 110 483 353
Address: 350 Parramatta Road, Homebush, NSW 2140
Phone: 1800 600 010
2) Who May Enter?
Entry is only open to persons who meet all the following criteria:
(i) Australian residents;
(ii) aged 18 years or over;
(iii) is willing, ready and able to complete all entry requirements (& prize requirements if they are a winner) at the times and dates set out in these Terms and Conditions.
Employees (and their immediate families) of the Promoter and its contractors and agencies associated with the promotion are ineligible to enter. "Immediate family" means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.
3) Promotional Period
The promotion starts at 11:00am AEDT on 1st April 2014 and closes at 11:59pm AEST on 30th April 2014 ("Promotional Period").
4a) How Do I Enter?
The promotion starts at 11:00am AEDT on 1st April 2014 and closes at 11:59pm AEST on 30th April 2014 ("Promotional Period").To enter, eligible entrants must during the Promotional Period, complete a test drive at any participating Kia Dealership. Eligible entrants must be available to travel to Brazil on 21st June 2014, returning on 24th June 2014 (Prize 1), or on 7th July 2014, returning on 10th July 2014 (Prize 2), if they are drawn a winner.
4b) What is the Maximum Number of Entries?
Limit of one (1) entry per person.
5a) List of Prizes
The first eligible winner will win the following Prize 1:
A. One trip for two people to Sao Paulo, Brazil, tickets to a FIFA 2014 World Cup match. Prize includes return economy class airfares from the winner's nearest capital city in Australia to Sao Paulo, Brazil (includes flight associated taxes) with twin share accommodation overnight in minimum 3 star for transit purposes, 3 nights twin share accommodation at City based hotel minimum 3 star, welcome dinner, Sao Paulo City Tour and tickets to Match #62 (semi-final) in the 2014 FIFA World Cup Brazil on 9th July 2014.
B. Travel must be taken on 7th July 2014, returning 10th July 2014 to Australia. Valid passport, Brazilian visa, and proof of Yellow Fever vaccination documentation must be supplied at least 14 days before travelling.
C. The winner is responsible for any amendment fees issued by prize and service suppliers once booking is confirmed.
D. Visas, valid passports, vaccinations, spending money and meals (other than those specifically included), and any other ancillary costs are the winner's responsibility. Frequent flyer points will not be able to be accrued in respect of the prize. Winner may be required to present a credit card at the time of accommodation check in.
E. Itinerary to be determined by the Promoter in its absolute discretion.
F. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
Maximum retail value of Prize 1 is $14,000
The second eligible winner will win the following Prize 2:
A. One trip for two people to Sao Paulo, Brazil, tickets to a FIFA 2014 World Cup match. Prize includes return economy class airfares from the winner's nearest capital city in Australia to Sao Paulo, Brazil (includes flight associated taxes) with twin share accommodation overnight in minimum 3 star for transit purposes, 3 nights twin share accommodation at City based hotel minimum 3 star and tickets to Match Holland vs Chile in the 2014 FIFA World Cup Brazil on 23rd June 2014.
B. Travel must be taken on 22nd June 2014, returning 24th June 2014 to Australia. Valid passport, Brazilian visa, and proof of Yellow Fever vaccination documentation must be supplied at least 14 days before travelling.
C. The winner is responsible for any amendment fees issued by prize and service suppliers once booking is confirmed.
D. Visas, valid passports, vaccinations, spending money and meals (other than those specifically included), and any other ancillary costs are the winner's responsibility. Frequent flyer points will not be able to be accrued in respect of the prize. Winner may be required to present a credit card at the time of accommodation check in.
E. Itinerary to be determined by the Promoter in its absolute discretion.
F. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
5b) How are Winners Determined?
A draw from all available test drive times and participating Kia Dealerships during the promotion period will be made at 11.00am AEDT on 31st March 2014 at MDSA, 15 Grosvenor Street, Neutral Bay NSW 2089. The first 2 test drive times and participating Kia Dealerships drawn will be the winning test drives. The Prizes will be awarded to the eligible entrants who book and complete their test drives at those times and locations. All entrants will be asked to open the glovebox, following their Kia Test Drive to check to see if they are a winner. Whether or not an entrant is successful will be confirmed via a written message. Winners will be the two individuals who open the glovebox following their Kia Test Drive and find the 'FIFA World Cup Tickets'.
5c) Maximum Value of Prizes
The total maximum value of the prize pool is $28,000
6) How will Winners be Notified?
The winner will be notified in person, on the day, as well as in writing by email.
7) Winner Publication
The names and residential suburb of the winners will be announced in The Australian newspaper on 5th May 2014
 Redraw or Redetermination of Winner
The Promoter reserves the right to redraw the prize in the event of the winner failing to comply with these terms and conditions or forfeiting or not claiming the prize by 7th May 2014. If a prize remains unclaimed by that date, the second chance draw will be held at 10:00am (AEST) on 9th May 2014 at the same location as the original draw from all eligible entrants who completed a test drive at a participating Kia Dealership. Disposal of the unclaimed prize may be made subject to any written directions given by any government authority and pursuant to any relevant legislation. The unclaimed prize draw winner will be contacted by phone and in writing by email within 2 working days of the draw. Any winner will also be announced in The Australian newspaper on 13th May 2014.
9) Permit Numbers
Authorised under NSW Permit No. LTPS/14/02201
ACT Permit No. TP14/01064
VIC Permit No. 14/3750
SA Licence No. T14/519
10) Additional Terms
The prize winner and their companion must travel on the same flights. Travel arrangements to and from the prize winner's nearest Australian capital city airport do not form part of the prize and is the responsibility of the prize winner and their companion. Any alterations to flights that have been confirmed by the prize winner and/or accommodation details will be at the expense of the prize winner and their companion. In the event that flights are not available, the Promoter reserves the right, where practical, to offer alternative travel arrangements.
The Promoter and its associated agencies and companies make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade. The winner and their companion must possess valid Australian passports with a minimum of (6) six months validity from the date of scheduled return to Australia. It is the responsibility of the winner and their companion to ensure that they have full and correct documentation for travel. The Promoter and its associated agencies and companies will not be held responsible for any loss or delay that may occur as a result of any passport or visa not being produced for travel. It is the responsibility of the winner and their companion to organise their own visas for their travel.
Entry Conditions
1 ENTRY
1.1 Entry is only open to those persons specified in Item 2 of the above Schedule to Entry Conditions (“Schedule”).
1.2 To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule.
1.3 Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule.
1.4 All entries must be received by the Promoter by or in the period indicated in Item 4(a) 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.
1.5 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.
1.6 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.
1.7 All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant’s responsibility.
1.8 If this promotion involves the entrant participating in any physical or sporting activity, the entrant acknowledges and agrees that:
(a) 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;
(b) 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;
(c) 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;
(d) 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
(e) the entrant must conduct themself in an appropriate manner and follow the Promoter’s instructions and all venue rules and regulations at all times.
1.9 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:
(a) 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;
(b) the entrant must not submit any Content that breaches or may breach any intellectual property, privacy, publicity or other rights;
(c) 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;
(d) the entrant is fully responsible for the Content. The Promoter will not be liable for the Content or its use in any way;
(e) 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;
(f) the Content has not been published previously or used in any other promotion;
(g) the Content will not contain viruses or cause injury or harm to any person or entity;
(h) 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;
(i) 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;
(j) the entrant must comply with all requests by the Promoter to remove, take down or edit any Content;
(k) unless clause 1.10 applies, 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.
(l) the entrants must not assert any moral rights in connection with the Content;
1.10 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.
2 PRIZES
2.1 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.
2.2 Prize winners will be selected in accordance with the method set out in Item 5(b) of the Schedule.
2.3 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.
2.4 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.
2.5 If a winner is under 18 years, the Promoter may award the prize to the winner’s parents/guardian on the winner’s behalf.
2.6 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.
2.7 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.
2.8 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.
2.9 Prizes or any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless the Promoter agrees otherwise in writing.
2.10 Prizes are awarded subject to the standard terms and conditions of individual prize and service providers.
2.11 Any ancillary costs associated with redeeming a prize (including without limitation, transportation costs) are not included and are the responsibility of the winner.
2.12 The entrant agrees to the terms concerning (if applicable) redraws and redetermination of winners set out in Item 8 of the Schedule.
2.13 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.
3 PRIVACY
3.1 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.
3.2 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.kia.com.au/privacy.
3.3 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.
4 SOCIAL MEDIA
4.1 If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees:
(a) 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;
(b) 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
(c) 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.
5 GENERAL
5.1 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.
5.2 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.
5.3 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5.4 The Promoter may at its sole and absolute discretion and to the full extent permitted by law:
(a) invalidate any entry;
(b) disqualify any entrant; and/or
(c) modify, suspend, terminate or cancel the promotion, as appropriate, for any reason the Promoter deems appropriate at its discretion, including without limitation if:
(d) 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;
(e) any entrant does not comply with these Term and Conditions or tampers with the entry process;
(f) the promotion is not capable of being conducted as reasonably anticipated;
(g) 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;
(h) any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or
(i) 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.
5.5 To the extent permitted by law, the Promoter (including its respective officers, employees, directors, contractors, agents and affiliated entities) is not responsible for and excludes all
liabilities (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:
(a) 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;
(b) any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or
(c) 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;
(d) entry or prize claim that is late, lost, altered or damaged, whether or not due to the Promoter’s act, omission or fault;
(e) variation in prize value to that stated in these Terms and Conditions;
(f) entrant’s or other person’s participation in this promotion;
(g) damage caused to any prize in transit before the prize winner takes possession;
(h) tax liability incurred by a winner or entrant;
(i) use or misuse of the prize;
(j) invalidation of any entry;
(k) disqualification of any entrant; and/or
(l) any cancellation, termination, modification or suspension of this promotion.
5.6 If any Kia 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:
(a) the vehicle must be collected and returned at a time and to a location the Promoter requires; and
(b) the entrant or winner will be responsible for all fuel costs and traffic infringement fines, penalties and tolls incurred during the loan period.
5.7 The entrant must comply with all additional terms set out in Item 10 of the Schedule.
5.8 Where applicable, the permits/licences issued for the conduct of this promotion are set out in Item 9 of the Schedule.
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