http://www.designerspark.com.au/design/?utm_source=Introduction%2BeDM%2Bwith%2Ba%2BWestfield%2B%24500%2Bvoucher&utm_medium=[web]edm&utm_term=2011-05-04&utm_content=Start%2Bdesigning%2Bnow&utm_campaign=Barina%2BSpark%2BPhase%2BII
1. Information on how to enter and prizes form part of these conditions of entry. Entry into this
competition is deemed acceptance of these conditions of entry.
2. The promoter of the Designer Spark Competition (“the Competition”) is GM Holden Ltd, trading as
Holden (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 3 May 2011 and closes at 11:59pm AEST on 29
August 2011 (“the Promotion Period”). The voting period commences at 9.00am AEST on 3 May
2011 and closes at 11:59pm AEST on 2 September 2011 (“the Voting Period”).4. Entry for the Major Prize is open to Australian residents (regardless of their age).
5. Voting is open to all Australian residents (regardless of their age).
6. Entrants and voters under 18 years old must have parental/guardian approval to enter/vote and
further, the parent/guardian of the entrant/voter 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 submitting an entry/vote in the Competition. The following persons
are ineligible to enter/vote in the Competition: employees and officers of the Promoter, employees
and officers of Holden dealerships, fleet buyers and any agencies associated with the Competition.
7. H
ow to Enter: To enter the Competition, eligible entrants must go to www.designerspark.com.au
(“the Site”), follow the prompts on the Site to the Competition entry page, design the paint job 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.
8.
How to Vote: To vote 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 email address and submit during the Voting Period.9. 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.
10. Multiple votes permitted per person, however each person may only vote once for a given Holden
Barina Spark design.
11. 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
12. 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.
13.
The Major Prize is a manual transmission 2011 Holden Barina Spark CD in Chilli Red. The Major
Prize is valued at up to $14,490 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.
14. 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 predelivery
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 four weeks of the closing date for the Voting 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 them of the revised delivery date.
15. 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.
16. 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.
17. 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
18. Voting commences 9.00am AEST on 3 May 2011. Final votes close 11.59pm AEST on 2
September 2011. Voting closes for each draw on the dates and times specified in the table below. All
draws will take place at 2pm AEST at Anisimoff Legal, Level 4, 448 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 in The Australian on 9 September 2011.
Voting Prize
Draw
Voting Closes Voting Prize
Draw date
Voting Prize
1 11:59pm AEST
on 20/05/11
23/05/11 Westfield Voucher
valued at $500
2 11:59pm AEST
on 10/06/11
13/06/11 Terry Biviano Shoe
voucher valued at
$1000
3 11:59pm AEST
on 01/07/11
04/07/11 12 month Harpers
Bazaar subscription
valued at $102
4 11:59pm AEST
on 22/07/11
25/07/11 Westfield Voucher
valued at $500
5 11:59pm AEST 15/08/11 Kit cosmetics pack
on 12/08/11 valued at $250
6 11:59pm AEST
on 02/09/11
05/09/11 32Gb iPad (3G + WiFi)
valued at $92819. 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 by the time stipulated by the Promoter, then the prize will be forfeited.
General
22. 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.
23. Winners of Voting Prizes and the Major Prize will be notified by email and telephone. Winners’
details will also be posted on the Site.
24. 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.
25. T
he total prize pool value of all draw prizes is $3,280. The total value of the Major Prize
(determined by a game of skill) is valued at up to $14,490.26. Incomplete entries, indecipherable entries or entries with incorrect contact details are not eligible
to win.
27. 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.
28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be
taken as cash.
29. A draw for any unclaimed Voting Prizes may take place on 12 December 2011 at the same time
and place as the original draw, 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 16 December 2011.
30. 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 nonexclusive,
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) 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 appears 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.
Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the
above terms.
31. 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.
32. 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.
33. 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 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.
34. 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.
35. 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), 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.
36. 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.
37. 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 Competition.
38. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and agents) if 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 the Competition, including, but not limited to, where arising out of the following: (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.
39. 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.
40. "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 the Competition.
41. NSW Permit No. LTPS/11/3861 ACT Permit No. TP11/1746
Australian Competitions Club
