Australian Competitions Club

http://www.newholland-space.com.au/

NEW HOLLAND SPACE PROMOTION
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and prizes form part of these
Conditions of Entry. Entry into the promotion is deemed acceptance of these
Conditions of Entry. Entry is via Internet only.

2. Entry is only open to residents of Australia aged 18 years or older who own and/or
are authorised to drive an earthmoving machine (Entrants).

The directors, management and employees (and their immediate families) of the Promoter, its
related entities, printers, suppliers, providers and agencies whom are directly
associated with the conduct of this promotion are ineligible to enter the promotion.
3. The promotion starts at 12:01 am (Melbourne time) on 15/4/2010 and ends 11:59 pm
(Melbourne time) on 15/2/2011 (Promotional Period). The Travel Prize Draw will
take place at Insured Creativity Australia, 89 Wellington Street, St Kilda, Melbourne
3182 at midday (Melbourne time) on 25/2/2011. Instant win prize winners will be
notified instantly and also by email. The Travel Prize (as set out below) winner will be
notified by telephone and in writing (mail or email) and their name and locality will be
published in The Australian on 4/3/2011. All reasonable steps to notify the prize
winners will be taken by the Promoter. The Promoter’s decision is final and no
correspondence will be entered into.
4. To enter, Entrants must, during the Promotional Period, register online by logging on
to www.newholland-space.com.au (Promotional Website). In order to complete
Registration, Entrants must fully, correctly complete and successfully submit the
online registration form as required, including providing the Entrant’s full name,
company name, company description, Entrant’s phone numbers (including mobile),
current residential address, current and valid email address and all details requested
in the online registration form regarding the earthmoving machine that they own and/
or drive. Entrants will also be required to nominate a number between 1-235 (Entrant
Magic Number) on the registration form to complete their entry into the Travel Prize
Draw (Registration).
5. Prior to the commencement of this promotion, the Promoter will also randomly select
a number between 1-235 (Promoter Magic Number). The Promoter Magic Number
will be kept confidential until the Travel Prize winner is drawn.
6. Entrants who complete Registration will be emailed a password. Entrants must use
this password to log on to the Promotional Website during the Promotional Period
and must keep this password secure and confidential to themselves.
7. All Entrants who successfully complete Registration will automatically be entered into
the Travel Prize Draw. Maximum of one (1) entry per person.
8. Once Entrants have successfully completed Registration:
a. an automatic game play for one (1) instant win game will appear on-screen;
b. once Entrants have completed the instant win game play, they will be instantly
notified on-screen whether or not they are a winner; and
c. Entrants that have won will automatically be sent an email confirming the
prize they have won and when it will be delivered. A complete list of the
instant win game play prizes to be won is listed in Condition 15.
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9. Entrants who complete a test drive of a New Holland earthmoving machine at a
participating registered New Holland dealership in Australia during the Promotional
Period will receive five (5) additional ‘test drive’ instant win game plays. Such
Entrants must log on to the Promotional Website using the password that was
emailed to them in order to redeem and play their five (5) additional ‘test drive’ instant
win game plays at any time during the Promotional Period. Once Entrants have
completed each game play, they will be instantly notified on-screen whether or not
they are a winner.
10. Entrants who have won via an instant win ‘test drive’ game play may be required to
provide proof that they completed a test drive in accordance with these Conditions of
Entry in order to be awarded a prize. The Promoter will only award a prize to an
Entrant once the Promoter has verified that the Entrant completed a test drive in
accordance with these Conditions of Entry during the Promotional Period. If an
Entrant is unable to provide proof as required by the Promoter within the required
timeframes, then all the entries of that Entrant will be ineligible and deemed invalid
and the Entrant will not be awarded any instant win game play prizes.
11. Entrants who purchase an earthmoving machine at a registered New Holland
dealership during the Promotional Period will receive ten (10) additional instant win
‘purchase’ game plays. Such Entrants are then able to log on to the Promotional
Website using the password that was emailed to them in order to play their ten (10)
additional ‘purchase’ instant win game plays at any time during the Promotional
Period. Once Entrants have completed each game play, they will be instantly notified
on screen whether or not they are a winner. For the purposes of this promotion, a
purchase is an irrevocable order for any New Holland earthmoving machine, placed
with a participating authorised New Holland dealership during the Promotional Period.
If the purchaser is a business then the purchasing business must nominate an
individual to play the ten (10) additional instant win ‘purchase’ game plays. In these
circumstances, the Promoter, in its sole discretion, may require an individual to prove
that they are authorised by a purchasing business Entrant to play the ten (10)
additional instant win ‘purchase’ game plays. If the nominated individual’s game play
is deemed an instant winner, the prize will be awarded to the purchasing business
Entrant that nominated and authorised the individual to play the ten (10) additional
instant win ‘purchase’ game plays.
12. Entrants who have won an instant win ‘purchase’ game play may be required to
provide proof that they purchased an earthmoving machine at a registered New
Holland dealership during the Promotional Period in order to be awarded an instant
win prize. The Promoter will only award a prize to an Entrant once the Promoter has
verified that the Entrant purchased an earthmoving machine at a registered New
Holland dealership during the Promotional Period and in accordance with these
Conditions of Entry. Proof of purchase includes showing the original and providing a
photocopy of the New Holland dealership receipt for each purchase and/or
irrevocable order made during the Promotional Period. If an Entrant is unable to
provide proof as required by the Promoter within the required timeframes, then all the
entries of that Entrant will be ineligible and deemed invalid and the Entrant will not be
awarded any instant win game play prizes.
13. Multiple instant win game plays are permitted only in accordance with these
Conditions of Entry, however each additional instant win game play must be
submitted separately and must independently comply with these Conditions of Entry.
Maximum of 16 game plays per Entrant (1 initial entry + 5 ‘test drive’ entries’ + 10
‘purchase’ entries).
14. Instant win game play prizes: There will be a total of fifty (50) instant win game play
prizes awarded during the Promotional Period.
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15. Total value of instant win game play prizes is AUD$3,900.00. The instant win game
play prizes awarded will either be:
a. 1 of 20 Red Balloon Vouchers valued at $150 each; or
b. 1 of 30 Universe DVDs valued at $30 each.
16. “Travel Prize Draw”: Each Entrant who has successfully completed Registration in
accordance with these Conditions of Entry will automatically be entered into the
Travel Prize Draw. The first eligible entry randomly drawn from all eligible entries
received will win the Space Travel Prize (as set out below) if the Entrant Magic
Number that was selected by the Entrant upon Registration is the same as the
Promoter Magic Number that was selected by the Promoter. If the Entrant’s Magic
Number does not match the Promoter Magic Number, the Entrant will be awarded the
Consolation Travel Prize (as set out below).
17. The Entrant whose entry was drawn in the Travel Prize Draw must confirm their
eligibility as an Entrant within five (5) days of being successfully notified by the
Promoter that they have won, otherwise their entry will be deemed invalid. If an entry
is deemed invalid in accordance with this Condition, the Promoter will draw another
entry at the same time and place as the original draw and repeat this process until an
eligible Entrant is drawn. If the Promoter is unable to notify any Entrant drawn, the
procedures outlined in Condition 29 will apply.
18. The “Space Travel Prize” is valued at up to AUD$300,000.00 depending on date and
point of departure, the suborbital space flight carrier selected by the Space Travel
Prize winner and also the suborbital space flight carrier’s training attendance
requirements. The Space Travel Prize must be taken after 1/4/2011 but before
1/10/2012 and comprises of the following:
a. One (1) x adult return economy airfares to the city where the suborbital flight
departs from the Australian capital city airport closest to the ordinary
residential address of the winner (inclusive of airfare related taxes and
charges);
b. As required but up to two (2) weeks at three (3) star accommodation at a hotel
in the city where the suborbital flight departs to cover required duration of
training and the suborbital flight;
c. One (1) x suborbital flight for the winner only with a reputable space flight
carrier offering such services; and
d. Return transfers to and from the destination airport and the destination hotel.
19. The winner of the Space Travel Prize will be able to choose which space flight carrier
they wish to redeem the suborbital flight (component (c) of the Space Travel Prize)
from, provided that the total cost of the Space Travel Prize does not exceed
AUD$300,000.00. If there are no suborbital flights with space flight carriers, available
at the time the Space Travel Prize is claimed, for a cost of AUD$300,000.00 or less
(including the ancillary accommodation and Space Travel Prize inclusions), the
Promoter will pay the additional cost for the winner in order for the winner to be able
to take a suborbital flight with a space flight carrier to be determined at the Promoter’s
sole discretion.
20. Once the Space Travel Prize has been awarded and booked on behalf of the winner,
the Promoter is no longer liable to the winner for the fulfilment of the suborbital flight
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(component (c) of the Space Travel Prize) and the winner is to direct all enquiries
directly to the space flight carrier that the winner’s Space Travel Prize is booked with.
21. The “Consolation Travel Prize” is valued at up to AUD$13,000, depending on date
and point of departure, must be taken between 1/5/2011 – 20/5/2011 and comprises
of :
a. Two (2) x adult return economy airfares to Orlando, Florida, United
States from the Australian capital city airport closest to the ordinary
residential address of the winner inclusive of airfare related taxes and
charges);
b. Seven (7) x nights at three (3) star accommodation in Orlando (double
share);
c. One (1) x day tour for two (2) people to the Kennedy Space Centre
(includes return shuttle bus transfers between an Orlando City
departure point and Cape Canaveral and admission into the Space
Centre). This day tour is subject to availability and cannot be taken on
days where there is a scheduled shuttle launch; and
d. return transfers from Orlando Airport to Orlando Hotel
accommodation.
22. The Space Travel Prize must be taken after 1/4/2011 but before 1/10/2012. The
Consolation Travel Prize must be taken between 1/5/2011 – 20/5/2011 but exact
dates to be determined by the Promoter in its sole discretion after the draw.
Redemption of the Space Travel Prize or Consolation Travel Prize is subject to
availability and may be dependent on travel class availability, specific room category
availability and travel ‘blackout’ periods applying (including school holidays and public
holidays). All components of the Space Travel Prize or Consolation Travel Prize must
be taken together and when offered or are forfeited. The winner and companion/s (if
any) must travel together and depart from and return to the same departure point.
The winner and companion/s (if any) may not accrue frequent flyer points. Use of the
Space Travel Prize or Consolation Travel Prize and any passes or vouchers issued
as part of the Space Travel Prize or Consolation Travel Prize may be subject to
prevailing prize supplier terms and conditions, including space flight carrier terms and
conditions of use if applicable. The Space Travel Prize or Consolation Travel Prize
cannot be used in conjunction with travel discounts or special offers. Travel and
accommodation are to be arranged by a licensed travel agent nominated by the
Promoter
23. If the Space Travel Prize has not been taken on or before 1/10/2012 because the
suborbital flight component of the prize cannot be fulfilled by the Promoter for
reasons outside the Promoter’s control, the winner will, at the sole discretion of the
Promoter, be awarded AUD$300,000.00 in lieu of the Space Travel Prize, subject to
any written directions made under applicable State or Territory legislation. No further
compensation will be payable to the winner in this event.
24. All additional costs not expressly stated, but which may be incurred in acceptance
and use of the Space Travel Prize or Consolation Travel Prize, are the responsibility
of the winner and companion/s (if any). Such additional costs include, but are not
limited to, meals, beverages, room service, telephone calls, laundry services,
spending money, transport to and from airport departure point, other transfers, taxes
including arrival and departure taxes (if applicable), insurance, travel insurance,
passports and visas (if applicable). The winner may be required to present a credit
card at time of accommodation check-in.
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25. The Space Travel Prize or Consolation Travel Prize winner and companion/s (if any)
are solely responsible for, at their own expense, ensuring all required passports,
visas, travel authorisations and recommended vaccinations and immunisations have
been obtained prior to travel and, if required, on or by a date nominated by the
Promoter. Failure to do so may result in the Space Travel Prize or Consolation Travel
Prize (as applicable) being forfeited.
26. The Space Travel Prize or Consolation Travel Prize must be taken on the dates
nominated by the Promoter. Extension or variation of the travel dates nominated by
the Promoter will only be permitted at the Promoter’s sole discretion and any
additional costs will be incurred by the winner. All components of the prize must be
taken together. Any element of the prize not taken will be deemed to be forfeited.
27. Acceptance of the Space Travel Prize or Consolation Travel Prize is subject to any
and all prevailing terms and conditions of the prize suppliers and organisers,
including the space flight carrier’s valid conditions of carriage and any other valid
terms and conditions imposed by the space flight carrier (if applicable), as well as
accommodation/transport/services/transfers or tour providers, and in particular,
health, behaviour, age and safety requirements. No compensation will be payable if a
winner, or their travel companions (if any), are unable to use any element of the prize
as stated for whatever reason, including refusal of entry or rejection by the space
flight carrier (if applicable) or participation in certain activities for health, age,
behaviour or safety reasons. Any part of a prize that is not taken for any reason is
forfeited.
28. Total maximum prize pool value is up to AUD$303,900.00 Prizes are not transferable
or exchangeable. A prize must be taken as offered and cannot be varied unless
authorised by the Promoter in its sole discretion. The Promoter accepts no
responsibility for any tax implications that may arise from the prize winnings.
Independent financial advice should be sought. The Promoter accepts no
responsibility for any variation in prize value. All prize values are the recommended
retail price including GST (where GST is applicable). Any vouchers issued are
subject to their own prevailing terms and conditions of use, including expiration dates.
29. The Promoter may conduct a further draw at the same time and place as the original
draw as is necessary on 15/3/2011 in order to award either the Space Travel Prize or
the Consolation Travel Prize (as applicable) if unclaimed by that date, subject to any
written directions given under applicable State or Territory legislation. In the event of
any winner in the unclaimed prize draw, the winner will be notified by telephone and
in writing (mail or email) and the name and locality of the winner will be published in
The Australian on 22/3/2011.
30. If there remain instant win game play prizes either unclaimed or unallocated
(“Unallocated Prizes”) as at 27/5/2011, then the Promoter may conduct a draw at the
same time and place as the original Travel Prize Draw as is necessary on 30/5/2011
in order to distribute any instant win game play prizes unclaimed by that date, subject
to any written directions given under applicable State or Territory legislation. In the
event of any winner or winners in the Unallocated Prize draw, the winner or winners
will be notified by telephone and in writing (mail or email).
31. The winner of the Space Travel Prize acknowledges that whilst the Promoter is able
to reserve suborbital flights by payment of a deposit towards the cost of the flight, no
third party is currently supplying suborbital flight travel for commercial and tourism
purposes. Accordingly, nothing in these Conditions of Entry may be construed as a
representation, warranty or covenant by the Promoter that the Promoter can
guarantee that the suborbital flight component of the Space Travel Prize will be able
to be booked in full or taken by the winner. In the event that, for reasons beyond the
control of the Promoter, the suborbital flight cannot be fully purchased, booked,
provided or fulfilled, Condition 23 will apply.
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32. The winner of the Space Travel Prize acknowledges that space travel is a dangerous
activity, which may result in injury or death, and participates at their own risk. The
Space Travel Prize winner: (a) must attend, undergo and pass any appropriate
training, briefings, safety demonstrations, required medical tests and other
requirements (including blood alcohol testing) required by the Promoter and/or the
space flight carrier, as determined by each in their absolute discretion; (b) must
declare to the Promoter, prize supplier or space flight carrier (as applicable) any
health-related issues that may affect his/her safe participation in any part of the
Space Travel Prize and obtain a written clearance from their doctor in this respect; (c)
must not have any heart condition or history thereof, or other medical conditions that
would make it dangerous to participate in any part of the Space Travel Prize; (d) must
not be under the influence of any drugs or alcohol; (e) must comply with all directions
of the Promoter, prize supplier and space flight carrier; and (f) must wear all safety
and other equipment required.
33. The Promoter, prize suppliers and space flight carrier in their absolute discretion
reserve the right to refuse to allow the winner to take part in any or all aspects of the
Space Travel Prize for any reason, including: (a) where the winner refuses or fails to
complete all necessary training and tests as required by the space flight carrier; (b) if
the space flight carrier believes the winner poses a safety risk; (c) or for any other
reason and may cancel any component of the Space Travel Prize if the conditions or
circumstances are deemed dangerous. No compensation will be payable if the winner
is unable to use any element of the Space Travel Prize as stated for whatever
reason, including refusal of participation in certain activities for health, age, behaviour
or safety reasons.
34. Entrants can only enter in their own name. Entrants who provide incorrect, misleading
or fraudulent information are ineligible to participate in the promotion and all entries of
an Entrant who is deemed by the Promoter to have provided incorrect, misleading or
fraudulent information may, at the discretion of the Promoter, be deemed invalid. The
Promoter reserves the right to request the Entrant produce (within the requested
time) appropriate photo identification or other documentation (to the Promoter’s
satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age,
residential address, eligibility to enter and claim a prize and any information
submitted by the Entrant in entering the promotion, before issuing a prize. If the
documentation required by the Promoter is not received by the Promoter (or its
nominated agent) or an Entrant or entry has not been verified or validated to the
Promoter’s satisfaction, then all the entries of that Entrant will be ineligible and
deemed invalid.
35. Companion Identification: The Promoter reserves the right to request a winner’s
travel companion produce (within the requested time) appropriate photo identification
or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order
to confirm the travel companion’s identity and age before issuing the prize.
36. Legal Release: It is a condition of accepting a prize that the winner and their travel
companion(s) (as the case may be) may be required to sign legal releases, waivers
and associated documents in a form determined by each of the Promoter, prize
suppliers and the space flight carrier (as applicable) in their absolute discretion.
37. Verification: A prize will only be awarded following any winner validation and
verification that the Promoter requires in its sole discretion. All winners may be
requested to show proof of: earthmoving machine ownership, registration,
employment as an earthmoving machine driver and driver’s registration.
38. Prizes will only be awarded where the game play instant win message and any
applicable verification procedures determined by the Promoter in its sole discretion,
fulfils all of the requirements of the Promoter's verification tests and procedures.
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39. Costs: Costs associated with accessing the Promotional Website remain an Entrant’s
responsibility and may vary depending on the Internet service provider used. Contact
details entered incorrectly on the Promotional Website by an Entrant will deem an
entry invalid.
40. Time of entry - internet: Internet entries will be deemed accepted at the time of
receipt by the Promoter and not at the time of transmission. Entries received will be
considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or
incomprehensible entries will be deemed invalid. The Promoter accepts no
responsibility for late, lost or misdirected entries.
41. Caution: Any attempt, deliberate or otherwise, to cause malicious damage or
interference with the normal functioning of the Promotional Website or the information
on the Promotional Website, or to otherwise undermine the legitimate operation of
this promotion 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 Conditions of Entry or any other
legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those
losses, damages and costs.
42. Copyright and privacy generally: An entry and any copyright subsisting in an entry
irrevocably becomes, at time of entry, the property of the Promoter. The Promoter
collects personal information about an Entrant to include the Entrant in the promotion
and, where appropriate, award prizes. If the personal information requested is not
provided, the Entrant cannot participate in the promotion and is deemed ineligible.
43. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner,
publish or cause to be published the Entrant winner’s name and locality in any media,
as required under the relevant State or Territory lottery legislation. An Entrant can
gain access to, update or correct any personal information held by the Promoter by
contacting the Promoter’s Privacy Officer at: marketing-nh@kcnhnet.com. All
personal information will be stored at the office of the Promoter. A copy of the
Promoter’s Privacy Policy in relation to the treatment of personal information
collected may be obtained by contacting the Promoter.
44. By participating in the promotion, an Entrant also acknowledges that a further primary
purpose for collection of the Entrant’s personal information by the Promoter is to
enable the Promoter to use the information to assist the Promoter in improving goods
and services and to contact the Entrant in the future with information on special offers
or to provide the Entrant with marketing materials via any medium including mail,
telephone and commercial electronic messages (SMS (Short Message Service),
MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other
form of electronic, emerging, digital or conventional communications channel whether
existing now or in the future. The Promoter may share information with its Australian
related companies or promotional partners who may contact the Entrant with special
offers in this way. By entering the promotion, an Entrant acknowledges and agrees
that the Promoter may use the Entrant’s personal information in the manner set out in
this condition.
45. Alternate prizes: If a prize or element of a prize becomes unavailable, for any
reason beyond the Promoter’s reasonable control, then a comparable prize or prize
element of equal or greater value will be awarded in lieu, subject to any written
directions made under applicable State or Territory legislation.
46. Unless otherwise due to fraud or ineligibility under these Conditions of Entry all
instant win prize claims in excess of the advertised prize pool will be met.
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47. Instant win game play notifications generated by script, macro, robotic, programmed,
or any automated or other means to manipulate or alter the normal functions of the
instant win game play component are prohibited and such entries will be disqualified
if deemed to contravene this prohibition.
48. The use of any automated entry software or any other mechanical or electronic
means which otherwise allows an Entrant to automatically enter repeatedly is
prohibited and will render all entries submitted by that Entrant invalid.
49. Provision by an Entrant to the Promoter of instant win game play notifications
(including but not limited to screenshots, photos or captures of instant win
notifications) does not constitute proof of a valid instant win prize claim.
50. Liability: The Promoter and its associated agencies and companies are not liable for
any loss (including, without limitation, indirect or consequential loss), damage,
personal injury or death which is suffered or sustained (including but not limited to
that arising from any person's negligence) in connection with taking any prize or
using any prize, except any liability that cannot be excluded by law (in which case
that liability is limited to the minimum allowable by law). The Promoter and its agents
associated with this promotion take no responsibility for a prize (or part of a prize)
damaged or lost in transit (if relevant). All warranty claims in regards to a prize should
be directed to the applicable manufacturer and not the Promoter.
51. No liability: The Promoter and its associated agencies and companies are not
responsible for any problems, delays or technical malfunction of any telephone or
network or lines, servers or providers, computer equipment, software, technical
problems or traffic congestion on a network or a mobile network or any combination
thereof, or any other technical failures including any damage to Entrant's or any other
person's mobile handset, computer or peripherals related to, or resulting from,
participation in this promotion or the downloading of any materials related to this
promotion.
52. The Promoter will not be responsible for any incorrect, inaccurate or incomplete
information communicated in the course of, or in connection with, this promotion if the
deficiency is occasioned by any cause outside the reasonable control of the Promoter
including but without limitation technical malfunctions or failures.
53. If for any reason this promotion is not capable of running as planned for any reason
beyond the reasonable control of the Promoter including because of war, terrorism,
state of emergency or disaster (including natural disaster), infection by computer
virus, bugs, tampering, unauthorised intervention, technical failures or any which
corrupt or affect the administration, security, fairness, integrity or proper conduct of
this promotion, the Promoter reserves the right, in its sole discretion, to cancel,
terminate, modify or suspend the promotion and/or if necessary to provide an
alternative prize or prizes to the same value as an original prize or prizes, subject to
any written directions made under applicable State or Territory legislation.
54. Right to verify: The Promoter reserves the right to verify the validity of any and all
entries and reserves the right to disqualify any Entrant for: (a) tampering with the
entry process; (b) for submitting an entry which is not in accordance with these
Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper
misconduct calculated to jeopardise the fair and proper conduct of the promotion. The
Promoter’s legal rights to recover damages or other compensation from such an
offender are reserved.
55. Consent: As a condition of entering this promotion, an Entrant consents to, in the
event they are a winner, the Promoter using the Entrant’s name, likeness, image
and/or voice (including photograph, film and/or recording of the same) in any media
for an unlimited period of time without further notification, remuneration or
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compensation for the purpose of promoting, publicising or marketing the promotion
(including any outcome), and/or promoting any products or services manufactured,
distributed and/or supplied by the Promoter. The Entrant agrees that, in the event
they are a winner, the Entrant will participate in all reasonable promoted activities in
relation to the Promotion as requested by the Promoter and its agents.
56. Promoter: Kobelco-CNH Australia Pty Limited ABN 89 097 852 296, of Unit 1, 1
Foundation Place Prospect NSW 2148.
NSW Permit No. LTPS/10/03271. S.A. Permit No. T10/773. ACT Permit No. TP 10/01456.
VIC Permit No. 10/1109.