http://www.designerspark.com.au/How to Enter: To enter the Competition and to be eligible for the Major Prize, eligible entrants must go to
www.designerspark.com.au (“the Site”), follow the prompts on the Site to the Competition entry page, design the exterior look on their own Holden Barina Spark via the application on the site, input the requested details including their full name and valid email address, and submit so it is received during the Promotion Period.
Multiple entries permitted per person, subject to the following: (a) each entry submitted must contain a different Holden Barina Spark design; and (b) each entry must be submitted separately and in accordance with entry requirements.
The Major Prize winner is determined by a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the Holden Barina Spark design submitted. The best valid entry, as determined by a panel of judges selected by the Promoter, will win the Major Prize.How to Vote: To vote and be eligible for the Voting Prizes, eligible entrants must visit the Site, follow the prompts to the Competition entry page, click on the Holden Barina Spark design they think is best, complete the requested details including their full name and valid email address and submit during the Promotion Period.
Multiple votes are permitted per person, however each person may only vote once for a given Holden Barina Spark design.
Designer Spark Competition
Terms and Conditions
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1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. The promoter of the Designer Spark Competition (“the Competition”) is GM Holden Ltd (ABN 84 006 893 232) of 191 Salmon Street, Port Melbourne, VIC 3207, telephone (03) 9647 1111 (“Promoter”).
3. The Competition commences at 9.00am AEST on 1 September 2012 and closes at 11:59pm AEDST on 31 December 2012 (“the Promotion Period”).
4. Entry for the Major Prize is open to Australian residents aged 18 years and over.
5. Voting is open to all Australian residents aged 18 years and over.
6. How to Enter: To enter the Competition and to be eligible for the Major Prize, eligible entrants must go to
www.designerspark.com.au (“the Site”), follow the prompts on the Site to the Competition entry page, design the exterior look on their own Holden Barina Spark via the application on the site, input the requested details including their full name and valid email address, and submit so it is received during the Promotion Period. Entries must be submitted via the Site and must be received within the Promotion Period. No other form of entry will be accepted. All entries are deemed to be received at the time of receipt in the Promotion database and NOT at the time of transmission by the entrant. The Promoter’s records as to time of receipt are considered final and conclusive.
7. How to Vote: To vote and be eligible for the Voting Prizes, eligible entrants must visit the Site, follow the prompts to the Competition entry page, click on the Holden Barina Spark design they think is best, complete the requested details including their full name and valid email address and submit during the Promotion Period.
8. Multiple entries permitted per person, subject to the following: (a) each entry submitted must contain a different Holden Barina Spark design; and (b) each entry must be submitted separately and in accordance with entry requirements.
9. Multiple votes are permitted per person, however each person may only vote once for a given Holden Barina Spark design.
10. If there is a dispute as to the identity of an entrant/voter, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant/voter.
Major Prize
11. The Major Prize winner is determined by a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the Holden Barina Spark design submitted. The best valid entry, as determined by a panel of judges selected by the Promoter, will win the Major Prize.
12. The Major Prize is a manual transmission MY12 5-door Cocktail Green Holden Barina Spark. The Major Prize is valued at up to $13,990 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State).
Additional insurance, accessories and options, petrol, service and maintenance and all other ancillary costs are the responsibility of the winner.
13. The winner will be able to collect the Major Prize from the nearest Holden dealership to his/her residence. The winner will be advised of the dealership location, time and date that the Major Prize can be collected. The Promoter will organise the Major Prize to be delivered to the winner’s nearest dealership. The winner is advised that it may take several weeks for the Major Prize to have its pre-delivery work finalised and be delivered to the dealership, subject to the winner’s location, state and territory vehicle registration, and dealership requirements. The Promoter will make reasonable endeavours to ensure delivery occurs within five weeks of the closing date for the Promotion Period. If any delay is experienced in delivery of the Major Prize, the Promoter will use reasonable endeavours to notify the winner and to advise him/her of the revised delivery date.
14. If the winner is unable to collect the Major Prize from their nearest dealership, the winner may elect to incur the cost of transporting the Major Prize, if needed, from their nearest dealership to an alternate prize claim point as nominated by the winner and deemed acceptable by the Promoter.
15. If the winner is, through any legal incapacity or otherwise, unable to register the Major Prize in their own name, then such winner may assign the Major Prize 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 Major Prize is awarded.
16. The winner will forfeit the Major Prize if s/he does not claim the Major Prize by contacting the Promoter within two (2) months of it being made available for his/her collection and cash will not be awarded in lieu of the Major Prize.
Voting Prizes
17. Voting commences 9.00am AEST on 1 September 2012 Final votes close at 11.59pm AEDST on 31 December 2012. Voting closes for each on the dates and times specified in the table below. All draws will take place at 2pm AEST at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne Victoria 3004 on the dates specified in the table below. Un-drawn voting entries in each draw will be entered into any subsequent draws. The first valid voting entry drawn from each Voting Prize Draw will win a prize as indicated in the table below. Winners of Voting Prizes valued at over $250 will have their names published at
http://www.designerspark.com.au within 14 days of the draw and in The Australian on 11 January 2013.
Voting Prize Draw-------Voting Closes---------------------Voting Prize Draw date--------Voting Prize------1 ------------------11:59pm AEST on 30 Sep 2012 ---------------2 October 2012-------------Black Apple iPad 2 (32GB) with Wi-Fi and 3G capabilities valued at $669.
2--------------------11:59pm AEST on 31 Oct 2012---------------5 November 2012------------Gold class screening for 12 people valued at $5,000.
The exact cinema venue and date of the screening will be determined by the Promoter in consultation with the winner, subject to availability. In the event of a disagreement as to the date and/or location of the screening, the Promoter’s decision will be final. The Gold Class cinemas in Australia where the prize may be taken are as follows: Sydney: Event Cinemas Bondi Junction, Event Cinemas Campbelltown, Event Cinemas Castle Hill
Event Cinemas George Street, Event, Cinemas Macquarie, Event Cinemas Parramattal; NSW Regional : Albury Village Cinema; Melbourne: Century City Village Cinema, Crown Casino Village Cinema, Doncaster Village Cinema, Geelong Village Cinema, Jam Factory Village Cinema, Karingal Village Cinema, Knox Village Cinema, Southland Village Cinema, Sunshine Village Cinema;
Brisbane: Event Cinemas Chermside,
Event Cinemas Indooroopilly, Event Cinemas Garden City, Gold Coast
Australia Fair BC&C Cinema, Event Cinemas Robina; Adelaide: Event Cinemas Marion; Perth: Event Cinemas Innaloo
Tasmania: Hobart Village Cinema.
Voting Prize Draw-------Voting Closes---------------------Voting Prize Draw date--------Voting Prize------3------------------11:59pm AEDST on 30 Nov 2012-----------------3 December 2012-------------Fashion makeover in Sydney, valued at up to $2,000, depending on point of departure.
4-----------------11:59pm AEDST on 31 Dec 2012----------------10 January 2013----------------2 x $500 Tiger airlines travel vouchers (prize valued at $1,000 in total)
18. The Fashion makeover prize includes the stylists choice of one new outfit, hair style or makeup application up to the value of $1,500 and accommodation for one (1) night at a four star accommodation in Sydney, NSW. In addition, if the winner resides outside of New South Wales, the winner of this prize will also receive return economy flights for themselves, from their nearest capital city to Sydney for the makeover. If the winner is from New South Wales, he/she will not receive flights and this component of the prize will not be redeemable for cash or any other alternative. Spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 2 May 2013 and is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods. Itinerary to be determined by the Promoter in its absolute discretion. The Promoter will determine the exact date the prize must be taken in consultation with the winner. In the event of a disagreement as to the date the prize must be taken, the Promoter’s decision will be final. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check in. Prize is subject to the standard terms and conditions of individual prize and service providers.
19. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
20. Voting Prizes will be delivered by post to the respective winner’s address, as provided by the winner to the Promoter.
21. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a Voting Prize, then the prize will be forfeited.
General
22. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
23. The Major Prize and Voting Prizes are not transferable or exchangeable and cannot be redeemed for cash. Prize values are GST inclusive and are correct at the time of printing. The Promoter accepts no responsibility for any variation in a prize value from the time of printing.
24. Winners of Voting Prizes and the Major Prize will be notified by email and telephone. Winners’ details will also be posted on the Site.
25. The Promoter reserves the right, at any time, to verify the validity of entries/votes and entrants/voters (including an entrant’s/voter’s identity, age and place of residence) and to disqualify any entrant/voter who submits an entry/vote that is not in accordance with these Terms and Conditions or who tampers with the entry/voting 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. Proof of identification and entry considered suitable for verification is at the discretion of the Promoter.
26. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
27. The total prize pool value of all draw prizes is $8,669. The total value of the Major Prize (determined by a game of skill) is valued at up to $13,990.
28. Incomplete entries, indecipherable entries or entries with incorrect contact details are not eligible to win.
29. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
30. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
31. A draw for any unclaimed Voting Prizes may take place on 10 April 2013 at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing and the winners’ names (for Voting Prizes over $250) will be published in The Australian on 15 April 2013.
32. When an entrant submits a Holden Barina Spark design (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
33. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove 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 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) they will obtain prior consent from any person or property that features in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
34. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms.
35. The Promoter’s decision in relation to any aspects of the Competition is final and binding on every entrant/voter and no correspondence will be entered into.
36. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.
37. The Promoter collects personal information in order to conduct the Competition 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 (e.g. email and SMS) or telephoning the entrant/voter. Entrants/voters should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. Entrants/voters should visit
www.holden.com.au and follow the relevant prompts to opt-out of receiving marketing material from the Promoter. The Promoter complies with the National Privacy Principles, and information on the Promoter’s privacy policy can be found at
www.holden.com.au.
38. Entrants/voters consent to the Promoter using the entrant's/voter’s 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 the Competition (including any outcome), and promoting Holden vehicles, any products manufactured, distributed and/or supplied by the Promoter.
39. If the Competition 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/voter; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate. The Promoter has no control over the internet, networks or lines including any computer viruses or bugs and server problems, and accepts no responsibility for problems associated with them whatsoever.
40. Any cost associated with accessing the Competition website is the entrant’s/voter’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant/voter to automatically enter/vote repeatedly is prohibited and will render all entries/votes submitted by that entrant/voter invalid.
41. 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 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 (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 this Competition.
42. 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/vote 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant/voter; or (f) use of a prize.
43. 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.
44. The winner is advised that tax implications may arise from winning the Major Prize or a Voting Prize and that s/he should seek independent financial advice prior to accepting the Major / Voting Prize. All such tax implications are the responsibility of the winner. "Apple" and "iPad" are registered trademarks of Apple Inc., registered in the U.S. and other countries. Apple is not a participant in or sponsor of this Competition.
NSW Permit No. LTPS/12/7202; VIC Permit No. 12/2216; ACT Permit No. TP12/3302; SA Permit No. T12/1686
Australian Competitions Club
