Tell us which three British actors you would take for a spin in the all new MINI 5-Door Hatch and why, to go into the draw to win a year’s supply of Palace Cinema tickets and take home the all new MINI for a month!www.mini.com.au/BFFCOMPETITION TERMS
HOW TO ENTER:
1. To enter, eligible entrants must, during the Promotional Period, visit
www.mini.com.au/BFF, fully complete the online entry form as prompted, including providing an email address and daytime telephone number and describe in 25 words or less which three British actors they would take for a drive in the all new MINI 5-Door Hatch and why?
2. Promotion commences 15/10/2014 and closes for entries at 11.59pm AEST on 10/11/2014 (“Promotional Period”). Details for the timing of the judging are set out in the Conditions of Entry below.
CONDITIONS OF ENTRY:
3. Information on how to enter and prize form part of these Conditions of Entry. Participation in this promotion is deemed acceptance of these Conditions of Entry.
4.
Entry into this promotion is open to all Australian residents who:
a. are aged 22 years or over;
b. whose ordinary place of residence is within a 150km radius of the General Post Office of an Australian State or Territory capital city; and
c. hold a current full unrestricted driving licence issued by the relevant Australian State or Territory, which is not under suspension or cancellation.5. Employees and their immediate families of the Promoter, co-operating companies and their 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.
6. Only one (1) entry is permitted per eligible person. No joint or combined entries are allowed. Entries must be submitted in accordance with the entry requirements.
7. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 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.
8. Incomplete or indecipherable entries will be deemed invalid.
9. 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.
10. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on creative merit of the answer provided to the promotional question.
11. Judges' decision is final and no correspondence will be entered into.
12. The winner will be notified by email and telephone. The judges reserve the right to select additional reserve entries, which they determine are the next best entries, after the entry judged to be the best, and record them in that order, in case of an invalid entry or entrant.
13. The best eligible and valid entry, as determined by the judges in their absolute discretion, will win the following prizes, valued at a total of $2,294:
- a season pass to the Palace Theatre (valid for at total of 104 individual cinema tickets) for the 2015 season. Any ancillary costs associated with redeeming the pass shall be the responsibility of the winner. Pass is valid for 12 months and available to use at all Palace Cinemas in Australia, excluding WA's outdoor cinemas. Pass be used anytime, including after 5pm on weekends and public holidays. Pass is valid to to see all general sessions. 3D films will attract a surcharge at the box office. Pass is not valid for any Film Festivals or Special Events. Pass is subject to the standard terms of the issuer, including any terms specified on the pass; and
- the rental of a MINI F55 vehicle (“Vehicle”) for a period not exceeding one (1) month commencing on 17 November 2014 and ending on 17 December 2014.
14. Receipt of the prize is subject to the winner being able to comply with these Conditions of Entry, including the conditions set out below.
15. The Promoter reserves the right in its absolute discretion to award the prize to another eligible entrant in the case that the originally declared winner does not claim the prize within the specified time frame.
16. The prize is subject to standard terms and conditions of the individual prize and service providers.
17. The Vehicle is a MINI Cooper 5-Door Hatch and the rental is subject to the Promoter’s terms and conditions set out herein. The winner agrees to notify the Promoter if the Vehicle made available for the term of the prize registers 7,000kms or more on its odometer at any time. The winner further agrees and acknowledges the Promoter may contact the winner from time to time to obtain the odometer reading of the Vehicle for various purposes, including coordination of servicing, repairs and change over if necessary. Notwithstanding the above, the Promoter reserves the right to recall the Vehicle at any time during the term of the prize in its sole discretion and in the case of such recall, the Promoter will provide the winner with a replacement Vehicle.
18. Any ancillary costs associated with redeeming the Vehicle rental, including but not limited to, travel to and from the dealership, petrol and any accommodation as required are the responsibility of the winner.
19. The prize may only be redeemed by a winner aged 22 years or over, whose ordinary place of residence is within a 150km radius of the General Post Office of an Australian State or Territory capital city and who holds a current full unrestricted driving licence issued by the relevant authority in an Australia State or Territory, which is not under suspension or cancellation.
20. The winner is responsible for all costs and expenses associated with the collection and return of the Vehicle from an authorised MINI dealer located in Adelaide, Brisbane, Canberra, Darwin, Hobart, Melbourne, Perth or Sydney.
21. The Vehicle shall remain the property of the Promoter throughout the term of the rental. The Promoter will ensure that the Vehicle is registered with the appropriate State or Territory authority.
22. The winner must not sell, assign, pledge, mortgage, lease or encumber the Vehicle at any time.
23. Subject to clause 24 below, the Promoter will insure and keep insured the Vehicle during the term of the rental in the Promoter’s name as owner against all loss or damage of any kind including damage by fire, accident or theft. If the winner is involved in an accident, causes damage to the Vehicle or if the Vehicle is damaged or destroyed during the term of the rental, the winner agrees to indemnify the Promoter for the cost of repairs or replacement of the Vehicle for the amount determined by the Promoter at its sole discretion. The decision of the Promoter in this regard is final.
24. All costs relating to insurance, registration, service and repairs (subject to clause 23) of the Vehicle will be borne by the Promoter except for the following items:
a. The winner shall be responsible for and shall indemnify the Promoter against (and the insurance specified in clause 23 shall not cover) all losses, damages, costs, expenses and injuries caused to, or by, the Vehicle arising from:
i. any breach of these Conditions of Entry; or
ii. any negligence or wilful act or omission of the winner.
b. The winner shall be responsible for any petrol costs, tolls, fines, penalties or any other charges incurred for driving, parking and traffic infringements (including speeding and red light camera fines) whilst the Vehicle is in the custody or control of the winner.
25. The Promoter may at any time request to inspect or test the Vehicle and to exercise any of its rights and powers under these Conditions of Entry.
26. The winner shall make the Vehicle available for collection by the Promoter upon reasonable notice by the Promoter including on expiration of the term of the rental and shall, if necessary, allow the Promoter to enter upon any premises of the winner to retake possession.
27. If the Vehicle is involved in an accident or damaged in any way, the Promoter must be immediately notified and an accident damage report in the form required by the Promoter is required to be completed and forwarded to the Promoter within 48 hours of the damage occurring.
28. If the Vehicle is stolen the winner shall promptly notify the Promoter and provide the Promoter with all relevant details.
29. Repairs to the Vehicle are not to be undertaken without the written consent of the Promoter or its appointed assessor.
30. The winner must maintain the Vehicle in excellent condition and keep the Vehicle clean and tidy at all times.
31. Smoking is not permitted in the Vehicle and the winner shall be liable for any damage, rectification or cleaning costs as a result of any breach of this condition.
32. The Promoter may require the maintenance of a log book by the winner for tax and traffic infringement purposes. The winner will be notified by the Promoter if such a requirement is imposed.
33. The Vehicle is not to be driven by or lent to anyone other than the winner and the only authorised driver of the Vehicle is the winner. A breach of this condition will result in immediate termination and surrender of the Vehicle. The Promoter will not be liable for any loss, cost or any claim for damage by the winner as a result of such termination and surrender.
34. The prize may not be claimed by a winner if the award or enjoyment of the Vehicle or the Palace Cinemas season pass is not duly permitted by any relevant laws. The prize may not in any circumstances be redeemed for cash or any other prize of equivalent value. The Promoter will not be liable for any loss, cost or any claim for damage by the winner as a result of this condition.
35. The Vehicle is not to be driven by anyone under the influence of alcohol in excess of the legal limit or under the influence of any drug, medication or other intoxicating substance.
36. No modifications are to be made to the Vehicle without the prior written approval of the Promoter.
37. The Vehicle is to be serviced (if required) by authorised MINI Dealers only.
38. The Vehicle must at all times be driven in accordance with the applicable road rules.
39. The Vehicle shall not be used:
a. for any race, contest or illegal purpose;
b. to convey passengers or goods for hire;
c. to convey any load more than what the Vehicle was constructed for; or
d. for any purpose other than the purpose for which the Vehicle was built.
40. Neither the Vehicle rental or the Palace Theatre season pass can be assigned or transferred to any other person or redeemed for cash or another prize of equivalent value. Subject to these Conditions of Entry, if a prize is not claimed or taken/redeemed by a winner by the time specified, the prize will be forfeited. If any prize is unavailable, the Promoter reserves the right to substitute the prize with a prize of equal of greater value and/or specification.
41. The Promoter shall have the right to disqualify the winner or any entrant if they manipulate or attempt to manipulate the running of the promotion and/or the awarding of the prize and/or otherwise breach these Conditions of Entry. Further grounds for disqualification shall be inappropriate acts or utterances of the entrant, the giving of incorrect data when registering or the attempt unfairly to influence the promotion, especially through the disturbance, threatening or harassment of employees of the Promoter, cooperating companies or other entrants. It shall be incumbent exclusively upon the Promoter to decide whether an act is appropriate or not.
42. To the fullest extent permitted by law, the Promoter reserves the right, at any time and without prior announcement, to break off or terminate the promotion or parts thereof. This shall apply in particular if, for whatever reasons, the promotion is unable to proceed according to schedule, for example as a consequence of force majeure, through impairment of the information technology required for the running of the promotion and/or for other technical, organisational and/or legal reasons which affect the administration, safety, integrity and/or normal and proper running of the promotion.
43. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish 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) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; 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.
44. As a condition of entering this promotion, each entrant 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
45. Entrants consent to the Promoter using their name, likeness, image and/or voice if 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.
46. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting
http://www.bmw.com.au/Home/privacy_policy.html. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI 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 PI to the Promoter and direct any complaints regarding treatment of their PI according to the privacy policy. All entries become the property of the Promoter. Entrants’ PI may be disclosed to any related entity of the Promoter domiciled outside of Australia, including BMW AG, Germany.
47. 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.
48. 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) use/redemption or taking of any prize.
49. Any costs associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
50. All contact details entered incorrectly on the website shall be deemed invalid.
51. If for any reason this promotion is not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affect the administration security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and/or to the extent permitted by law, to cancel, terminate, modify or suspend the promotion.
52. The Promoter is not responsible for any problems or technical malfunction of any telephone network on lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, (including but not limited to) any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this promotion.
Australian Competitions Club
