"HYUNDAI MILLIONTH CAR” 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 or older. 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 July 2012 and closes at 11.59pm (AEST) on 22nd July 2012 (Promotion Period).
5. To enter, eligible entrants must, during the Promotion Period, visit a participating Hyundai dealership and obtain a promotional flyer with a unique entry code from a Hyundai staff member. Details of participating Hyundai dealerships are available on the Hyundai website at www.hyundai.com.au. Eligible entrants must then, during the Promotion Period, complete fully and accurately all sections of an online official entry form, which can be obtained at www.hyundai.com.au/millionthcar, including without limitation:
(a) providing their first name, last name, email address, contact phone number, state and postcode; and
(b) inserting the unique entry code from the promotion flyer obtained from the participating Hyundai dealership.
6. All eligible entrants who complete the online official entry form in accordance with clause 5 of these Terms and Conditions and who submit it will be entered into the prize draw.
7. 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.
8. 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.
9. 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.
10. Incomplete or indecipherable entries will be deemed invalid.
11. Entries are limited to one entry per person. 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.
12. 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.
13. 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
14. The computerised random draw will take place at Suite 5/15 Grosvenor Street, Neutral Bay NSW 2089 at 2.00pm (AEST) on 23rd July 2012. The first eligible entry drawn will be the winner. The winner 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 25th July 2012.
15. 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 20 November 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 27 November 2012.
16. The winner will win one (1) 2013 plated standard factory model Hyundai i30 Premium petrol motor vehicle including metallic paint and on-road costs valued at $32,490 (Major Prize). Additional insurance (including comprehensive insurance), optional accessories, petrol and all other ancillary costs (including costs associated with redeeming the prize) are excluded and are the responsibility of the winner. The Promoter may, in its sole and absolute discretion, accommodate the winner's colour preference subject to availability. The winner must take the Major Prize from their nearest authorised Hyundai dealership.
17. The maximum retail value of the prize pool in this promotion is $32,490.
18. 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.
19. 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.
20. 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.
21. All prizes are awarded subject to the standard terms and conditions of individual prize and service providers.
22. If for any reason a winner does not take ownership of the prize by the time the Promoter specifies, the prize will be forfeited.
23. The winner may be required to provide the Promoter with proof of identity before he/she is eligible or permitted to claim the prize.
24. 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.
25. 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, 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.
26. The Promoter will not be responsible for any act, omission, failure or delay not reasonably within its control.
27. 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).
28. 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 Millionth Car promotion;
(h) the acceptance and use of the prize by the entrant or any other person; or
(i) if an entrant is disqualified.
29. 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.
30. 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.
31. 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.
32. 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.
33. NSW Permit No. LTPS/12/05479, ACT TP12/02428, Victorian Permit No. 12/1556 & SA Licence No. T12/1212.