“HYUNDAI MILLION SKY MILES” PROMOTION TERMS AND CONDITIONS
1. All sections and information in this document form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions by the participant.
2. The promoter is Hyundai Motor Company Australia Pty Limited (ABN 58 008 995 588) of Corner of 394 Lane Cove Road & Hyundai Drive, Macquarie Park NSW 2113, telephone: 1800 186 306 and includes its agents such as Innocean Worldwide Australia Pty Ltd (ABN 59 132 753 792) of Level 9, 1 Pacific Highway, North Sydney NSW 2060, telephone: (02) 9927 1500, participating Hyundai dealerships, and all their employees, officers, successors and assigns (Promoter).
B. HOW TO ENTER?
3. Entry is only open to Australian residents nationally aged 18 years and over and who hold a valid driver’s licence (P1, P2 or full licence) which will enable them to test drive a new Hyundai vehicle. 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 first cousin.
4. The Promotion commences at 9.00am (AEST) on 1st August 2012 and closes at 11.59pm (AEST) on 2nd September 2012 (Promotion Period).
5. To be eligible to enter, participants must book (and undertake) a test drive of any new model Hyundai, either online at www. hyundai.com.au/book-a-test-drive or in person at a participating Hyundai dealership. Details of participating Hyundai dealerships are available on the Hyundai website at www.hyundai.com.au. Participants must book their test drive to occur on a date within the Promotion Period, and the test drive must be taken within the Promotion Period. All test drive bookings are subject to availability.
6. The test drive will involve the participant driving an eligible, new model Hyundai vehicle for approximately 15 to 30 minutes at a location near the participating Hyundai dealership. A representative of the Hyundai dealership will be in the passenger seat during the test drive. All other details and requirements of the test drive, which the participant will need to comply with, will be provided by the participating Hyundai dealership to participants at the time of the test drive.
7. After completing the test drive, participants will be provided with a unique code by the participating Hyundai dealership. To enter the promotion, participants must then complete the online official entry form at www.hyundai.com.au/millionskymiles; providing their first name, last name, email address, contact phone number and unique code obtained from the participating Hyundai dealership.
8. All eligible entrants who complete the online official entry form in accordance with clause
7 of these Terms and Conditions and who submit it will be entered into the prize draw.
9. All online entries must be received by the Promoter by the end of the Promotion Period. Entries are deemed to be received at the time of receipt into the promotion database and not at the time of transmission by the entrant. The Promoter has no control over networks or communication lines and is not liable for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
10. Any cost associated with accessing any website to enter this promotion is the entrant's responsibility and is dependent on the internet service provider used.
11. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including without limitation 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 will be accepted at the Promoter's discretion. The Promoter's failure to enforce any of its rights at any stage does not constitute a waiver of those rights.
12. Incomplete or indecipherable entries will be deemed invalid.
13. Participants may book multiple test drives, however only one (1) entry per person will be permitted in the promotion. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant to be invalid. Any other forms of repeated entries will also render all entries submitted by that entrant to be invalid.
14. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter is not liable for any consequences of user error including without limitation, costs incurred.
15. It is the responsibility of the entrant to ensure that his/her contact details as provided to the Promoter are correct and to notify the Promoter of any changes to the contact details before the date for announcing winners. The Promoter will not be liable if it cannot contact any winner because of any incorrect contact details provided to it by an entrant.
C. DRAW AND PRIZE
16. The computerised random draw will take place at Suite 5/15 Grosvenor Street, Neutral Bay NSW 2089 at 2.00pm (AEST) on 4th September 2012. The first eligible entry drawn will be deemed the “Major Prize” winner. The next three (3) eligible entrants drawn will be deemed “Minor Prize” winners. The winners will be notified by phone and in writing within 2 business days of the draw, and their name will be published in The Australian newspaper on 11th September 2012.
17. The Promoter reserves the right to redraw in the event of any entrant being unable to satisfy these promotion terms and conditions or forfeiting or not claiming the prize. If a prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct further draws, as required, at the same time and place as the original draw on 18th December 2012. The winner(s) from the re-draws will be notified by phone and in writing within 2 business days of the draw and published in The Australian newspaper on 21st December 2012.
18. The “Major Prize” winner will win one million (1,000,000) miles valued at $35,000 (Major Prize). The “Minor Prize” winners will each win one hundred thousand (100,000) miles, valued at $3,500 (Minor Prize). These miles can be redeemed for any Delta Air Lines® or Delta partner flights to any worldwide destinations.
19. The total retail value of the prize pool in this promotion is $45,500.
20. The bonus miles will be awarded to the winner’s SkyMiles® account. Winner must have a Delta Skymiles number in order to receive a SkyMiles prize. To obtain a SkyMiles number, visit delta.com/skymiles (there is no charge or fee to obtain a SkyMiles number). Miles can be redeemed to any of the worldwide Delta Airlines or Delta partner destinations. All SkyMiles program rules apply. To review the rules, please delta.com/memberguide. Taxes and fees for award travel are the responsibility of the passenger and must be paid at the time the ticket is booked. Award travel seats are limited and may not be available on all flights or in all markets. All SkyMiles awarded will be bonus miles and do not count toward Medallion qualification or Million Miller status.
21. The prize winner must then provide their Sky Miles member number to the Promoter within 30 days of being validated as a prize winner. The number of SkyMiles they have won will then be credited to their account within 14 days.
22. Prizes or any portion thereof must be taken as stated and are not transferable or exchangeable and cannot be taken as cash, unless the Promoter specifies otherwise.
23. If any prize (or part of any prize) is unavailable, the Promoter, in its sole and absolute discretion, reserves the right to substitute the prize (or that part of the prize) with a prize of equal value or greater value and/or specification, subject to any directions from any relevant regulatory authority.
24. Prize values are correct at time of printing, but the Promoter accepts no responsibility for any variation in the total prize value or any individual prize value.
25. All prizes are awarded and must be used in accordance with the standard terms and conditions and usage requirements of the Delta Airlines Sky Miles program.
26. If for any reason a winner does not take ownership of the prize by the time the Promoter specifies, the prize will be forfeited.
27. The winner may be required to provide the Promoter with proof of identity before he/she is eligible or permitted to claim the prize.
28. The Promoter’s decisions in relation to any aspect of this promotion are final and binding and no correspondence will be entered into regarding the decisions. All decisions are made at the sole and absolute discretion of 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, tampering, infection by computer virus or bug, bad weather or other acts of God, unauthorised intervention or fraud, or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion, the Promoter reserves the right, in its sole and absolute discretion, (subject to any written direction given by a relevant Regulatory Authority) to the fullest extent permitted by law (a) to disqualify any entrant; or (b), to modify, suspend, terminate or cancel the promotion, or any part of it, as appropriate.
30. The Promoter will not be responsible for any act, omission, failure or delay not reasonably within its control.
31. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).
32. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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 this promotion, including but not limited to: (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) if this promotion is cancelled, modified, terminated or suspended for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; (g) participation in the Hyundai Million Sky Miles promotion; (h) the acceptance and use of the prize by the entrant or any other person; or (i) if an entrant is disqualified.
33. The Promoter makes no representations or warranties and to the extent permitted by law, accepts no liability relating to the prizes, including without limitation, whether or not any of the prizes are of acceptable and merchantable quality, are fit for their purposes, match the description, demonstration model, image or photograph used to market this promotion, or are suitable for the winner.
34. As a condition of accepting the prize, a winner must, if the Promoter requests, sign any legal documentation as and in the form required by the Promoter, including but not limited to a legal release and indemnity form. Failure to sign and return the indemnity form may result in the prize being forfeited and the selection of another winner.
35. Entrants consent to the Promoter using any of the comments, answers, quotes or testimonials provided on the official online entry form which they completed to enter this promotion, their name, likeness, photograph, film, recording, image and/or voice in any media (including without limitation any social media, via the Promoter’s website, on banners, press advertising whether online or otherwise and in any public relations activity) for an unlimited period without remuneration for the purpose of marketing, publicity and promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or any of its agents. The winner agrees that the Promoter will own the copyright in all content on online entry forms submitted, in any recordings, images, comments, writing and photographs provided to the Promoter.
36. 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.
37. Authorised under NSW Permit No. LTPS/12/06218, ACT Permit No. TP12/02857, VIC Permit No. 12/1885 & SA Licence No. T12/1438.