TERMS & CONDITIONS
"BUILD THE COMMODORE" PROMOTION
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 Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3.
Employees (and their immediate families) of the Promoter 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.
Promotion commences on 01/02/2013 and ends at 11.59pm AEDST on 10/02/2013 ("Promotional Period").
5.
The Promoter will splice an image of the new Holden Commodore into 101 pieces ("Puzzle Pieces"). Each day of the Promotional Period the Promoter will release a number of Puzzle Pieces in various locations, both in the online environment ("Online Puzzle Pieces") and in the real world around Australia ("Real World Puzzle Pieces"). The exact number of Puzzle Pieces released each day may vary from day to day and will be determined by the Promoter in its absolute discretion. To assist individuals with locating each Puzzle Piece the Promoter will also release a series of clues about where the Puzzle Pieces are placed, on
www.buildthecommodore.com.au ("Promotional Website"). By following the clues, individuals should be able to work out the location of each Puzzle Piece. The number of clues (if any) and the exact nature of the clues will be determined by the Promoter in its absolute discretion.
6.
To be eligible to enter the promotion, individuals must first register. Individuals can register by visiting the Promotional Website, following the prompts to provide all of the requested details and submitting the fully completed form. If an individual has a Facebook account, they will also be given the option to register by utilising the Facebook Connect functionality featured on the Promotional Website (by logging into their Facebook account, partially pre-populating the registration form with the information registered on their Facebook profile and providing the remaining information as required). In the event that an individual does not register and attempts to submit an entry, they will be prompted to follow the prompts on screen to first register, before being allowed to submit an entry.
7.
To receive an entry into the draw, individuals must locate and submit a Puzzle Piece during the Promotional Period. The method of submission will depend on whether the Puzzle Piece is a Real World Puzzle Piece or an Online Puzzle Piece (as outlined below). When a particular Puzzle Piece is submitted for the first time, it will be placed into the appropriate space on the Holden Commodore puzzle image featured on the Promotional Website. Once all Puzzle Pieces have been found and submitted the Promoter will publish the fully completed image of the new Holden Commodore on the Promotional Website on 10/02/2013. In the event that not all Puzzle Pieces are located and submitted during the Promotional Period, the Promoter will still publish the complete image of the new Holden Commodore on 10/02/2013.
8.
Real World Puzzle Pieces Submission: Each Real World Puzzle Piece will feature a QR Code, a unique Puzzle Piece number and a unique URL. To receive an entry in respect of a Real World Puzzle Piece, individuals must locate a Real World Puzzle Piece and then either:
a.Android, Blackberry and PC users: take a photograph of the Real World Puzzle Piece (in line with the crop marks provided on the Real World Puzzle Piece) and then submit it by either: (i) scanning the QR code with their compatible device (Blackberry or Android), following the prompts on screen to provide and submit the required details and uploading the photograph automatically; or (ii) visiting the specified unique URL, following the prompts on screen to provide and submit the required details and uploading the photograph; or
b.Compatible Apple Device users: submit the Puzzle Piece number by either scanning the QR code with their compatible device (only Apple devices that have the QR reading application) or visiting the specified unique URL, and then following the prompts on screen to provide and submit the required details including the Puzzle Piece number (as shown on the relevant Real World Puzzle Piece).
Photographs must be submitted in JPEG format and must not exceed 5MB file size.
9.
Online Puzzle Pieces Submission: Each Online Puzzle Piece will link to a unique URL. To receive an entry in respect of an Online Puzzle Piece, an individual must locate and then click the Online Puzzle Piece, follow the prompts on screen to provide the required details and submit the Online Puzzle Piece.
10.
Subject to clause 11, when an entrant registers for the promotion and for each valid Puzzle Piece they submit thereafter ("Qualifying Share Actions"), he/she will be able to gain a bonus entry into the draw by following the prompts on screen which will ‘share' the promotion via the entrant's Twitter, Facebook or Google+ platforms. Bonus entries will only be awarded if the promotion is ‘shared' by following the prompts on screen immediately after taking a Qualifying Share Action and entrants will only be able to select to share via one (1) platform each time they complete a Qualifying Share Action.
11.
A maximum of one hundred (100) entries is permitted per person for the duration of the Promotional Period. Subject to this limit of one hundred (100) entries per person in total: (a) an entrant will be awarded one (1) entry for each unique Puzzle Piece submitted by them (regardless of whether the Puzzle Piece is a Real World Puzzle Piece or an Online Puzzle Piece); and (b) only one (1) bonus entry will be awarded per Qualifying Share Action.
All entries must be submitted separately and in accordance with entry requirements. Un-official, tampered with or fake puzzle pieces will not be accepted. Each person can only register once.
12.
By participating in the promotion, each entrant agrees that the Promoter may publish the entrant's name on the Promotional Website and/or the Promoter's Facebook and Twitter pages, in connection with the promotion (e.g. for the purposes of announcing that they just submitted a Puzzle Piece, that they are the first person to submit that particular Puzzle Piece, etc).
13.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who 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.
14.
Incomplete or indecipherable entries will be deemed invalid.
15.
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.
16.
The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne VIC 3004 at 3pm AEDST on 13/02/2013. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
17.
The winner will be notified by telephone and email and their name will be published in The Australian on 22/02/2013.
18.
The Promoter's decision is final and no correspondence will be entered into.
19.
The first valid entry drawn will win a 2013 VF Commodore (a sport or luxury model in accordance with the Promoter's model lines, as per the winner's preference) with a selection of their preferred accessories, up to the total prize value of AU$50,000, including the selected accessories (which will depend on the car model chosen), premium paint, registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State/Territory by State/ Territory). The winner will be able to nominate their preferred accessories from a list of accessories made available to them, within the allocated budget (which will be determined by the balance of the prize pool value after deducting the price of the chosen car model and on road costs). Additional insurance, additional options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter will, accommodate the winner's colour preference (from a list of available colours provided to the winner), subject to availability. The winner must nominate a Holden dealership in their State/Territory of residence they would like to collect their prize from and then collect the prize from that Holden dealership on the date specified by the Promoter. From the time the winner is notified, the car will take approximately six (6) months to build and deliver, depending on the winner's chosen model, colour and accessories.
20.
If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner 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 winner and the assignee. The winner 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 winner (or the winner's parent/legal guardian if the winner is under the age of 18) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
21.
If the winner of is under the age of 18 years, the prize will be awarded to the winner's nominated parent or legal guardian on the winner's behalf.
22.
Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize, then the prize will be forfeited.
23.
If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
24.
Total prize pool value is up to AU$50,000.
25.
Prize is not transferable or exchangeable and cannot be taken as cash.
26.
A draw for the prize, if unclaimed, may take place on 15/05/2013 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified by email and their name will be published in The Australian on 24/05/2013.
27.
When an entrant submits any materials via the promotion including comments, recordings and images ("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.
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) the Content submitted is an original work of the entrant that does not infringe the rights of any third party; (b) 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; (c) they will obtain prior consent from any person or property that appears in their Content; (d) 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; (e) their Content shall not contain viruses or cause injury or harm to any person or entity; and (f) 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
28.
Entrants consent to the Promoter using their 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 this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
29.
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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
30.
Any cost associated with accessing the Promotional Website, the Promoter's Facebook page or the Twitter account is the entrant's responsibility and is dependent on the Internet service provider used.
31.
The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly or automatically locate Puzzle Pieces is prohibited and will render all entries submitted by that entrant invalid.
32.
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 the promotion.
33.
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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking of and/or use of the prize.
34.
As a condition of accepting the prize, the winner (and/or the winner's parent/legal guardian if the winner is under the age of 18 years) 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.
35.
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 entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
36.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Entrants understand that they are providing their information to the Promoter and not to Facebook or Twitter. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Twitter. Facebook and Twitter will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
37.
The Promoter is GM Holden Ltd (ABN 84 006 893 232) of 191 Salmon Street, Port Melbourne VIC 3207, telephone (03) 9647 1111.
NSW Permit No. LTPS/13/393
VIC Permit No. 13/172
ACT Permit No. TP13/264
SA Permit No. T13/109
