Australian Competitions Club

http://www.motorpass.com.au/media/1537338/mp%20toyota%20terms%20and%20conditions.pdf

SIGN UP FOR A MOTORPASS FUEL CARD TODAY AND YOU COULD WIN A $50,000 TOYOTA OF YOUR CHOICE.

Starts 14/06/2011
Ends 31/08/2011 at 5pm AEST

Open to businesses in Australia with a valid ABN

To enter, the business must sign up for a Motorpass fuel card account (for at least 12 month).

Excludes companies with an existing Motorpass fuel card account.

Limit 1 entry per business.


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 businesses in Australia with a valid Australian Business Number (“ABN”) (“Eligible Business”).
3. Employees (and their immediate families) of the Promoter, businesses with an existing Motorpass fuel card account (as
at the start of the Promotional Period) and agencies associated with this 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, aunt, niece, nephew, brother, sister, step-brother,
step-sister or 1st cousin.
4. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Businesses (including the
identity, age and the position of an authorised representative, and the ABN and address of the Eligible Business) and to
disqualify any Eligible Business whose authorised representative submits an entry that is not in accordance with these
Terms and Conditions or who tampers with the entry process. 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.
5. The promotion commences on 14/06/2011 and ends at 5pm AEST on 31/08/2011 (“Promotional Period”).
6. To be eligible to enter, an authorised representative (aged 18 years or over) of an Eligible Business must, during the
Promotional Period, sign up the Eligible Business for a Motorpass fuel card account for a minimum period of 12
months. Upon approval of a Motorpass fuel card account by the Promoter, the Eligible Business will automatically
receive one (1) entry into the draw. Motorpass fuel card account application form and sign-up instructions are available
at www.motorpass.com.au.
7. Only one (1) entry permitted per Eligible Business.
8. If there is a dispute as to the identity of an authorised representative or an Eligible Business, the Promoter reserves the
right, in its sole discretion, to determine the identity of the authorised representative or the Eligible Business.
9. The draw will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne VIC 3004 on 14/09/2011 at
4.00pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or
ineligible entrant is drawn.
10. The Eligible Business will be notified by telephone and in writing and the name of the winning Eligible Business will be
published in The Australian on 28/09/2011.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The Owner or Director of the Eligible Business whose entry is the first valid entry drawn will win a Toyota vehicle of his/
her choice from Brighton Toyota in Victoria, up to the maximum value of AU$50,000 including registration, compulsory
third party insurance, stamp duty and dealer delivery charges (which may vary State by State). For the sake of clarity,
the drive away value of the Toyota car selected by the winner (inclusive of the vehicle, registration, compulsory third
party insurance, stamp duty and dealer delivery charges) cannot exceed $50,000.
Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The winner must
collect the prize from their nearest authorised Toyota dealership, as advised by the Promoter.
13. In the event that the winner selects a Toyota vehicle that is valued at less than $50,000, the remaining balance will not
be awarded as cash and will be forfeited by the winner.
14. The prize will be awarded to the Owner or Director of the respective winning Eligible Business who may, in his/her
absolute discretion, allocate the prize to any employee of the Eligible Business. The Owner or Director must notify the
Promoter of that transfer (in writing) within one (1) month of winner notification and must not issue the prize without
the Promoter’s approval. Approval of the transfer is at the Promoter’s sole discretion.
15. If the Owner or Director of the winning Eligible Business is, through any legal incapacity or otherwise, unable to
register the car in his/her own name, then the Owner or Director of the winning Eligible Business 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 Owner or Director of the winning Eligible Business and
the assignee. The Owner or Director of the winning Eligible Business 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 Owner or Director of the winning Eligible Business may be required to sign a legal release in a form to be
determined by the Promoter in its discretion.
16. Subject to the unclaimed prize draw clause, if for any reason the Owner or Director of the winning Eligible Business
does not take the prize then the prize will be forfeited.
17. The prize is not exchangeable or redeemable for cash.
18. A draw for the prize, if unclaimed, may take place on 14/12/2011 at the same time and place as the original draw,
subject to any directions from a regulatory authority. The winner, if any, will be notified in writing and the name of the
winning Eligible Business will be published in The Australian on 21/12/2011.
19. Total prize pool value is up to $AU50,000.
20. The authorised representative of the winning Eligible Business consents to the Promoter using their and the Eligible
Business’s name, likeness and/or image in any media for an unlimited period without remuneration for the purpose of
promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
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 Eligible Business; 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 Motorpass website is the responsibility of the Eligible Business and is dependent
on the Internet service provider used.
23. 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, as well as any other implied warranties
under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable
Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter (including its respective officers, employees and agents) excludes 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.
24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter
(including its respective officers, employees and agents) is not responsible for and excludes 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 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) due to any
reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winner or entrant; or (e) use of
the prize.
25. As a condition of accepting the prize, Owner or Director of the winning Eligible Business 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.
26. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such
information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as
required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for
an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and
profiling purposes, including sending electronic messages or telephoning the Eligible Business. A representative of an
eligible business should direct any request to opt out, access, update or correct information to the Promoter. All entries
become the property of the Promoter.
27. The Promoter is Wright Express Australia Pty Ltd (ABN 68 005 970 570) of Level 1, 2-6 Glenferrie Road Malvern, VIC
3144, telephone (03) 9274 9100.
NSW Permit No. LTPS/11/4927, VIC Permit No. 11/1112, ACT Permit No. TP11/2172, SA Permit No. T11/1097.