http://www.fox8.tv/shows/australias-next-top-model/car-cam/win-a-nissanAUSTRALIA’S FAVOURITE NISSAN COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1.The following definitions apply to these Terms and Conditions:
a)“Closing Date” means 23:59hrs on Sunday 22 September 2013.
b)“Commencement Date” means 00:01hrs on Tuesday 30 July 2013.
c)“Draw Date” means 09:00hrs on Tuesday 24 September 2013.
d)“Entrant” means a person who enters the Promotion.
e)“Facebook Pages” means the official Australia’s Next Top Model Facebook page located at <https://www.facebook.com/AustraliasNextTopModel> and the official Nissan Australia Facebook page located at <https://www.facebook.com/nissanaustralia>.
f)“Prize” means the prize offered in the Promotion.
g)“Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
h)“Promotion” means this competition.
i)“Promotion Period” means the period between the Commencement Date and the Closing Date.
j)“Publication Date” means Tuesday 1 October 2013.
k)“Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
l)“Supplier” means Nissan Motor Co. (Australia) Pty. Ltd., ACN 004 663 156, of 260-284 Frankston Dandenong Road, Dandenong South, Victoria 3175. “Website” means the Australia’s Next Top Model website, located at <http://www.fox8.tv/shows/ANTM>.
m)“Winner” means the Entrant who wins the Prize, including in the Unclaimed Prize Draw.
n)“Unclaimed Prize Draw” has the meaning set out in clause 26.
o)“Unclaimed Prize Draw Date” means Tuesday 7 January 2014.
p)“Unclaimed Publication Date” means Tuesday 14 January 2014.
2.All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24-hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
PARTICIPATION
3.The Promotion is conducted by the Promoter.
4.The Promotion is a game of chance, and skill plays no part in determining the Winner.
5.Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, Entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the Winner.
6.All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
7.This Promotion will be advertised on the Website, the Facebook Pages and in Foxtel broadcasts.
8.An Entrant is eligible to win the Prize if they:
a)are a permanent resident of Australia; and
b)are a Foxtel, Optus TV featuring Foxtel or Foxtel from Telstra subscriber or live in a household with a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscription and have the subscriber’s permission to enter the Promotion, and the subscription account is not in arrears and is active from the Commencement Date until the Unclaimed Prize Draw Date; and
c)are over the age of 18, or, if under the age of 18, have their parent’s or guardian’s permission before entering the Promotion;
and are not:
d)employees of:
i.the Promoter, Optus, or Telstra;
ii.the Supplier;
iii.any corporations or agencies related to the entities in paragraphs (i) and (ii) above; or
iv.any of the Relevant Parties; or
e)a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in paragraph (d) above.
9.Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
10.The Promotion Period will consist of eight (
Entry Periods each with a different start time and date as set out below:
Entry Period Online Date & Time Offline Date & Time Draw Date & Time
1Tuesday 30 July 2013 @ 00:01 AEST Monday 5 August 2013 @ 23:59 AEST
Tuesday 24 September 2013 @ 09:00 AEST
2Tuesday 6 August 2013 @ 00:01 AEST Monday 12 August 2013 @ 23:59 AEST
3Tuesday 13 August 2013 @ 00:01 AEST Monday 19 August 2013 @ 23:59 AEST
4Tuesday 20 August 2013 @ 00:01 AEST Monday 26 August 2013 @ 23:59 AEST
5Tuesday 27 August 2013 @ 00:01 AEST Monday2 September 2013 @ 23:59 AEST
6Tuesday 3 September 2013 @ 00:01 AEST Monday 9 September 2013 @ 23:59 AEST
7Tuesday 10 September 2013 @ 00:01 AEST Monday 16 September 2013 @ 23:59 AEST
8Tuesday 17 September 2013 @ 00:01 AEST Sunday 22 September 2013 @ 23:59 AEST
11.To enter the Promotion, an Entrant must, during an Entry Period:
For Website entry:
a)go to the Website;
b)click on the ‘Australia’s Favourite Nissan’ application tab;
c)vote for their favourite Nissan model of the models displayed during that Entry Period, following any instructions listed on the application tab; and
d)complete all of the required data entry fields on the entry form.
For Facebook entry:
e)go to one of the Facebook Pages;
f)become a fan of that Facebook page;
g)click on the ‘Australia’s Favourite Nissan’ application tab;
h)vote for their favourite Nissan model of the models displayed during that entry period, following any instructions listed on the application tab; and
i)complete all of the required data entry fields on the entry form.
12.An Entrant’s entry must not be:
a)late;
b)delayed;
c)incomplete;
d)incomprehensible;
e)unlawful;
f)obscene;
g)defamatory;
h)libellous;
i)threatening;
j)pornographic;
k)harassing;
l)hateful;
m)racially or ethnically offensive;
n)capable of encouraging conduct that would be considered a criminal offence;
o)capable of violating any law; and/or
p)capable of giving rise to civil liability.
13.Entry to the Promotion is limited to 1 entry per Entrant per Entry Period.
14.Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications services or equipment.
15.Entry via the Website or Facebook Pages is free. However, any costs associated with accessing the Website or Facebook Pages are the responsibility of the person seeking access and are dependent on the internet service provider used.
16.Entrants must make their Website or Facebook Pages entries manually using an internet browser. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
17.Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Draw Date, that Entrant must notify the Promoter of their correct contact details immediately.
18.All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost, allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
19.The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the Winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.
20.Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
21.The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a)fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
b)fails to produce items as required by Condition 18 or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c)appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d)has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
22.There will be 1 Winner drawn from all valid entries received during the Promotion Period. The Winner will receive the Prize.
23.The Winner will be drawn electronically on the Draw Date by Salmat Digital, 116 Miller Street, North Sydney, NSW 2060.
24.The Promoter’s decisions are final and no correspondence will be entered into.
25.The Winner will be notified by phone and email within 2 days of the Draw Date. The Winner’s name will be published in The Australian newspaper on the Publication Date.
26.All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if the Prize is:
a)not claimed by the Winner by 9:00hrs on the Unclaimed Prize Draw Date; or
b)forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize Draw”), which will take place at 10:00hrs on the Unclaimed Prize Draw Date and will be conducted by Salmat Digital at Level 2, 116 Miller Street, North Sydney NSW 2060. The Winner of the Unclaimed Prize Draw will be notified by telephone and email within 2 days of the Unclaimed Prize Draw Date. The name of the Unclaimed Prize Winner will be published in the Australian newspaper on the Unclaimed Publication Date.
PRIZES
27.The Prize is the Nissan vehicle which wins the “Australia’s Favourite Nissan Challenge” which will be conducted as follows:
a)there will be ten (10) cars as listed in clause 28 below (the “Cars”);
b)two (2) or three (3) of these Cars (depending on the Entry Period) will be displayed during each Entry Period on the Website and Facebook Pages;
c)the car which receives the most votes during the relevant Entry Period will proceed to the next round, the other will be eliminated:
d)the Prize will be whichever of the Cars wins in the final Entry Period.
28.The Prize is valued at a total maximum of $58,000.00 and includes:
a) metallic paint (optional)
b)twelve (12) months registration in the Winner’s State or Territory of residence;
c)twelve (12) months third party compulsory insurance;
d)if the Prize is a Nissan LEAF, an eligibility assessment and car charger as set out in clause 42; and
e)all on road costs, stamp duty and dealer delivery costs, the value of which will depend upon the State or Territory in which the Winner resides.
The Cars are as follows:
-Nissan Pulsar Hatch SSS valued at a maximum of $36,200.00
-Nissan Pulsar Sedan Ti (s) valued at a maximum of $35,000.00
-Nissan Micra Ti valued at a maximum of $22,000.00
-Nissan Almera Ti valued at a maximum of $25,000.00
-Nissan Murano ST valued at a maximum of $55,000.00
-Nissan DUALIS+2 Ti-L AWD valued at a maximum of $44,000.00
-Nissan Navara ST valued at a maximum of $56,000.00
-Nissan X-TRAIL Ti valued at a maximum of $51,000.00
-Nissan DUALIS Ti-L AWD valued at a maximum of $41,000.00
-Nissan LEAF valued at a maximum of $58,000.00
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $58,000.00
29. All optional extras and accessories, comprehensive insurance and any other insurance not stated as included in the Prize, fuel, personal costs and any other ancillary or other costs related to the Prize are excluded.
30.The Prize will be awarded to the person named in the Winning Entry. However, if the Winner is under the age of 18, the vehicle will be transferred to the Winner’s parent or guardian.
31.The Winner (or their parent or guardian) must provide all information and sign all documentation necessary to enable the Supplier to register the Prize in the Winner’s (or their parent’s or guardian’s) name prior to collection. Receipt of the Prize is subject to the Winner being able to lawfully take possession of the Prize and comply with all registration and compulsory third party insurance requirements of the State/Territory in which the Winner resides.
32.The Promoter takes no responsibility for any mechanical, body or paint repairs to the Prize from the date and time of delivery.
33.The cars depicted in any promotional material are not necessarily the same colour as the Prize. The Winner may nominate their preferred exterior colour and type of paint (i.e. metallic or non-metallic paint).
34.All Prize values are correct as at Friday 25 May 2013 and are reflective of the recommended retail price and are in Australian dollars. The Promoter and/or the Supplier take no responsibility for any variations in the Prize values.
35.If the Prize, or any part of the Prize, is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter and/or the Supplier accept no other liability or responsibility for any loss incurred by the Winner or any other party if the Prize or any part of the Prize is unavailable for any reason.
36.The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
37.The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the Winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
38.The Promoter reserves the right to refuse to allow the Winner to take part in any or all aspects of the Prize, if the Promoter determines, in its absolute discretion, that the Winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.
39.The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize.
40.Once the Prize has left the Supplier’s premises, the Promoter, the Supplier and/or the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
41.The Supplier will make all reasonable efforts to deliver the Prize to the Winner within 28 days of the Prize Draw. The Supplier acknowledges that the colour of the Prize the Winner selects may not be available within this period. If the Winner chooses a colour which is not available, the Supplier will order the Prize in the Winner’s preferred colour and will make all reasonable efforts to deliver the Prize to the Winner as soon as is practicable. The Winner must collect their Prize from the Nissan car dealership closest to the Winner’s place of residence. Any costs incurred in the collection of the Prize are the sole responsibility of the Winner.
42.If the Prize determined by voting is a Nissan LEAF vehicle: The cost of the eligibility assessment of the Winner’s home and an appropriate charger to be installed at the Winner’s home will be included in the Prize.
43.If the Prize determined by voting is a Nissan LEAF vehicle: The Prize may not be suitable for the Winner. The Prize is subject to a successful assessment conducted by Origin Energy. The assessment will not be successful if Origin Energy considers that the infrastructure of the Winner’s premises is not suitable for charging the Nissan LEAF and/or if the Winner lives over 100km away from a capital city. In the event that Origin Energy deems the Winner to be an unsuitable candidate for the Prize, the Winner may select an alternative Prize from the Cars. No further compensation will be offered.
GENERAL
44.The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.
45.To the full extent permitted by the law, the Supplier, Facebook and/or the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prize, including:
a)any indirect, economic or consequential loss or loss of profits;
b)any loss arising from the negligence of a Relevant Party; and
c)any liability for personal injury or death.
46.Entry and continued participation in the Promotion is dependent on Entrants’ acting in accordance with the Facebook Statement of Rights and Responsibilities, available at
http://www.facebook.com/terms.php.
47.This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Any questions, comments or complaints about this Promotion must be directed to the Promoter (not Facebook) at the address given in clause 1 of these Terms and Conditions.
48.If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
49.The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
50.Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a)any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b)any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
c)any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or Entrants’ details.
51.Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
52.These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
53.These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified, or amended.
54.All entries become the property of the Promoter.
55.Authorised under the following permit numbers:
NSW: LTPS/13/04638
ACT: TP 13/01968
VIC: 13/1332
SA: T13/1008
PRIVACY
56.Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winner, and send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies, Prize suppliers and Prize deliverers in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. The Winner‘s name will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. Entrants can contact the Promoter by mail at PO Box 612, Moonee Ponds, Victoria, 3039 or by telephone on 131999 to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at
http://www.foxtel.com.au/privacystatement.htm.
57.Entrants will be given the option to select that they would like to receive promotional emails from the Supplier. By selecting this option, the Entrant consents to the Supplier’s use of his/her personal details for any future promotional material that the Supplier may choose at its discretion. Entrants may ask the Supplier to access that personal information and request that corrections be made to it. A copy of the Supplier’s privacy policy is available by calling 03 9797 4111, visiting [www.nissan.com.au/privacy] and following the relevant links. A request to access, update or correct any information should be specifically directed to the Supplier at 260-284 Frankston Dandenong Road, Dandenong South, Victoria 3175.
Australian Competitions Club
