GAME OF SKILL PROMOTION HOW TO ENTER

Transcription

1 GAME OF SKILL PROMOTION HOW TO ENTER Eligibility Requirements please read carefully To be eligible to enter, individuals must: be a resident of Australia, New Zealand, South Korea, China, Hong Kong, Taiwan, Thailand, Vietnam, Malaysia, Singapore, Indonesia, India (excluding the State of Tamil Nadu)*, Brunei, or Guam; hold a valid motorcycle license in their country of residence (in order to test ride a Harley-Davidson motorcycle); for entrants who are not Thai residents, be at least 18 years of age; for Thai residents, be at least 20 years of age; in order to win the Major Prize, be able to travel in January or February 2016; AND for entrants other than Australian and New Zealand residents, attend a participating authorised Harley-Davidson dealership between 14/09/2015 and 31/12/2015 and test ride a MY15 or MY16 Iron, Forty-Eight or Street 750 motorcycle ("Test Ride"); for Australian and New Zealand residents, attend a participating authorised Harley-Davidson dealership between 21/09/2015 and 31/12/2015 and take a Test Ride; and submit a photo and caption that captures the experience to the Promoter for judging. All entries must be made online at h-d.com.au/shareyourexperience; h- d.asia/shareyourexperience; h-d.in/shareyourexperience; or harleydavidson.cn/shareyourexperience by no later than 31/12/2015. To enter: Following a Test Ride, the Promoter will participants with an invitation to enter the promotion. Entrants must enter online at: h-d.com.au/shareyourexperience; h-d.asia/shareyourexperience; h-d.in/shareyourexperience; or harley-davidson.cn/shareyourexperience during the Promotion Period by completing and submitting the entry form and providing their photo and caption following their Test Ride. No purchase is required to enter the promotion. Entries submitted after 31/12/2015 (Singapore local time) will not be accepted. All entries must include the entrant's chosen caption for a photo of the entrant taken before, during or after their test ride in 160 characters or less, as well as the entrant's name, address, daytime contact number, date of birth and address v7\SYDDMS

2 TERMS AND CONDITIONS 1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions. 2. The Promoter is Harley-Davidson Asia Pacific Pte Ltd of 51 Cuppage Road #02-01, Singapore , Singapore. 3. Entry is only open to individuals who meet the Eligibility Requirements and comply with the entry instructions described in these Terms and Conditions. Employees (and their immediate families) of the Promoter, participating dealers and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: 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. 4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant s identity, age, place of residence, or licence status) and to disqualify any entrant who submits an entry that is fraudulent or not otherwise in accordance with these Terms and Conditions or any relevant law, or who tampers with the entry process. Each entrant consents to the Promoter exercising its rights under this clause by their entry into the Promotion. 5. Incomplete, indecipherable, or illegible entries may be deemed invalid. For example, entries which do not include the entrant's name, address, daytime contact number, address, photo and photo caption will not be accepted. 6. Only one (1) entry is permitted per person. 7. 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. 8. Promotion starts at: a. 0.01am Singapore local time on 14/09/2015 for entrants other than Australian and New Zealand residents; and b. 0.01am Singapore local time on 21/09/2015 for Australian and New Zealand residents, and ends at Singapore local time on 31/12/2015 ("Promotion Period"). 9. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the creative merit and originality of the photo caption and relationship between the photo and the entrant's chosen photo caption ("Judging Criteria"). Photos will not be judged, but photo captions will be judged in relation to the photo taken. The judges' decision is final and no correspondence will be entered into. Judging 10. Entries will be judged in two rounds: a. the first round will be judged at a "market" level ("Market Round"), as described in clause 11; and b. the second round will be judged at a "Regional" level ("Final Round"). 2

3 11. In the Market Round, entries will be grouped in to one of four "markets", depending on the entrant's country of residence (as provided by the entrant on the entry form). The "Markets" are: a. China - for entrants residing in China; b. India - for entrants residing in India (excluding the State of Tamil Nadu); c. ANZ - for entrants residing in Australia and New Zealand; and d. Other - for entrants residing in South Korea, Hong Kong, Taiwan, Thailand, Vietnam, Malaysia, Singapore, Indonesia, Brunei, and Guam. 12. Representatives of the Promoter in each Market will judge entries received in that Market up to three (3) times during the Promotion Period according to the Judging Criteria. The twenty (20) best valid entries in each Market at each judging ("Market Round Winners"), as determined by the judges, will progress to the Final Round. 13. Judging for the Final Round will take place at the Promoter's premises at 51 Cuppage Road #02-01, Singapore , Singapore on 07/01/2016 by a panel of judges according to the Judging Criteria in clause 9. The best valid entry, as determined by the judges, will win the Major Prize. There is one (1) Major Prize available in this competition. 14. The Major Prize winner will be notified by telephone, and/or mail within two (2) days of the judging. 15. The Promoter will make all reasonable efforts to contact the Major Prize winner. However, if the Promoter has not been able to contact the Major Prize winner after making three attempts or by 21/01/2016, whichever is later, the prize will be forfeited by that person. If the Major Prize is forfeited, it will be offered to the next best valid entry judged in accordance with clause 9 and, if necessary, the process in clauses 13 and 14 will be repeated until a winner is located. Prizes 16. At various times during the Promotion Period, the Promoter may award minor prizes (as set out in the table below) to entries from the relevant Market according to the Judging Criteria in clause 9. The award of any minor prizes will be subject to these terms and conditions, as well as any specific terms and conditions notified to entrants. The minor prizes are: Market Prize Prize value Number to be won China Street 750 motorcycle 78,888RMB 1 Tmall Voucher 3,000RMB 3 India Northern HOG rally package including a ticket for the winner and his/her guest to the Northern HOG rally in Chandigarh on November 20-22nd, 2015 (transportation via car and driver in the event the winner does not have a motorcycle) and 2 nights' accommodation. HOG Convention package, including a single ticket to the Up to 40,000 INR Up to 115,000 INR 1 1 3

4 HOG Convention in Bali, Indonesia on November 4-7th, 2015 including return economy class airfares to Bali and 3 nights' accommodation. Northern or Eastern HOG rally package (at the Promoter's discretion), including a ticket for the winner and his/her guest to the selected HOG rally, return economy airfares to Kolkata or Chandigarh and 2 nights' accommodation. Up to 80,000 INR 1 ANZ Other The Eastern Rally will be held December 11-13th, 2015 India HOG rally and India Bike Week package, including a ticket for the winner and his/her guest to the India HOG rally and India Bike Week event in Goa on February th, 2016 including return economy class airfares and 2 nights' accommodation. Trip for winner and a guest to Los Angeles, USA for 7 days, including return economy airfares, a tour of custom motorcycle shops in Southern California, and AUD$500 spending money. A Harley-Davidson merchandise package. Up to 80,000 INR Up to AUD$7,500, depending on point of departure. 1 2 Up to USD$ The Major Prize comprises: a. a trip for the Major Prize Winner and one (1) guest aged 18 or over to Milwaukee, USA, in January / February 2016 including: i. return economy flights for two (2) people from the Major Prize winner's nearest international airport to Milwaukee (Major Prize winner and guest must travel together), including all airline and airport taxes; ii. iii. accommodation for 3 nights in Milwaukee (4 star or equivalent); a session for the Major Prize winner to design a Dark Custom bike (limited to Street, Iron or 48) with Dais Nagao, Senior Industrial Designer at Harley-Davidson Motor Company; and iv. a visit for two (2) people to the Harley-Davidson Museum; and v. USD$2000 spending money to cover expenses; and b. a MY16 Street, Iron 883 or Forty-Eight motorcycle customised by Harley- Davidson. Once the trip has been taken, the Dark Custom motorcycle designed in the session with Dais Nagao will, subject to clause 19, be built in the Major Prize winner's home country by an authorised Harley-Davidson dealer and provided to the Major Prize winner. Costs of the build are capped at USD$9,000, including parts, accessories, shipping, workshop hours and GST/VAT. 4

5 Total Major Prize value is up to USD$32,000, depending on point of departure. 18. If the Major Prize winner is an entrant who purchased an MY15 or MY16 Iron, Forty- Eight or Street 750 motorcycle during the Promotion Period following their test ride from an authorized Harley-Davidson dealership running this promotion ("Purchased Bike"), the prize in clause 17 will be replaced with the following: a. a refund of the purchase price of the Purchased Bike, and any customization up to a cap of USD$5000 including parts, accessories and workshop hours and GST/VAT). b. a trip for the Major Prize winner and one (1) guest aged 18 or over to Milwaukee, USA, in January / February 2016 including: i. return economy flights for two (2) people from the Major Prize winner's nearest international airport to Milwaukee (Major Prize winner and guest must travel together), including all airline and airport taxes; ii. accommodation for 3 nights in Milwaukee (4 star or equivalent); iii. a session for the winner to design custom modifications to their Purchased Bike with Dais Nagao; and iv. a visit for two (2) people to the Harley-Davidson museum; and v. USD$2000 spending money to cover expenses; and c. customisation of the Purchased Bike. Once the trip has been taken, the Purchased Bike will, subject to clause 19, be customised in the Major Prize Winner's home country by an authorised Harley-Davidson dealer in accordance with the design. Costs of the build are capped at USD$9,000, including parts, accessories, shipping, workshop hours and GST/VAT. 19. If any aspect of the motorcycle design or customisation would be illegal in the Major Prize winner's country of residence, it will not be implemented by the Harley- Davidson dealer. In these circumstances, the Major Prize winner and the Harley- Davidson dealer will agree an alternative design or customisation that will be permitted by local laws as close as possible to the original. 20. The Major Prize winner must collect the customised motorcycle once notified that the motorcycle has been built / modified in the Major Prize winner's home country and is ready for collection. The Promoter is not responsible for the delivery of the prize to the Major Prize winner. 21. The Major Prize, or any minor prize involving travel, does not include any other taxes (excluding GST/VAT), expenses, insurance costs (including, without limitation, the cost of comprehensive vehicle insurance or travel insurance), passports or visas for travel or other incidental expenses not specifically stated. These expenses are the sole responsibility of the relevant winner. It is a condition of accepting any prize involving travel that the winner arrange at their own expense valid travel insurance with the highest available coverage for their period of travel. The Major Prize, or any minor prize involving travel, is a single event trip for the winner and cannot be separated into separate trips or components. 22. Accommodation, activities, ride routes and flight arrangements, including suppliers, will be determined by the Promoter in its sole discretion. Travel dates will be determined by the Promoter in consultation with the winner. Winner and any guest must travel together. 23. If the Major Prize winner is unable to travel in January/February 2016 for any reason, including because the Major Prize winner is unable to arrange passports or required visas, the travel component of the Major Prize will be forfeited. In that event, the 5

6 Promoter will arrange for the customisation design session component of the Major Prize to take place via another means, such as video or phone conference. 24. The Promoter reserves the right to withdraw any prize should the Promoter, in its sole and absolute discretion, deem a winner unfit to participate in the prize for any reason, including (without limitation) as a result of illness, tiredness, or the influence of drugs. 25. Each prize winner accepts all risks associated with accepting and using any prize and will be responsible for complying with all laws relating to use of the prize, including licence requirements. 26. If a prize (or any part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute a prize (or that part of a prize) with a prize of equal value and/or specification. The winner will not be entitled to any additional compensation in the event the prize or element of a prize has been substituted at equal or greater value. 27. Prizes, or any unused portion of any prize, are not transferable or exchangeable and, subject to clause 18, cannot be taken as cash. General 28. 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, the Promoter reserves the right, in its sole discretion but to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate. 29. The prize winner may have rights under local laws in its country of residence (including, without limitation, consumer protection laws) which cannot be excluded or limited by the Promoter ("Non-Excludable Rights"). These Terms and Conditions do not, and do not intend to, exclude or limit any Non-Excludable Rights in any way. However, to the extent that it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, regarding the quality or suitability of the prize awarded as part of this Promotion and will not be responsible for breach of any such representations or warranties. 30. Prizes are subject to the terms and conditions of flight and accommodation providers and other third party suppliers. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third party supplier or otherwise as a result of the winner accepting and/or using a prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoter or which otherwise cannot be excluded by law. 31. The Promoter (including its officers, employees and agents) will not be responsible for any: a. personal injury; b. loss or damage (including loss of opportunity, profits, goodwill or business revenues, and any other special, indirect or consequential losses), arising in any way out of the Promotion including, but not limited to, injury, loss or damage which arises as a result of any of the following: (i) any technical difficulties or equipment malfunction due to any reason beyond the reasonable control of the Promoter; 6

7 (ii) electronic or human error which may occur in the administration of the Promotion or the processing of entries which is beyond the reasonable control of the Promoter; (iii) any theft, unauthorised access or third party interference which impacts on the conduct of the Promotion and is beyond the reasonable control of the Promoter; (iv) any entry or prize claim that is late, lost, stolen, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (v) any variation in the prize to that stated in these Terms and Conditions; (vi) any tax liability incurred by a winner or entrant; or, (vii) use of a prize, except to the extent that such injury, loss or damage is due to the negligence or willful misconduct of the Promoter, or otherwise cannot be excluded by law as referred to in clause 29 above. 32. The Promoter collects entrants' personal information in order to conduct the Promotion and for promotional, marketing, publicity, research and profiling purposes. Entry is conditional on providing this information. By entering this Promotion, unless otherwise advised, each entrant agrees to the collection, processing and provision to third parties of his or her personal information including the entrant s name, address, daytime contact number, date of birth and address, etc. and further agrees that the Promoter may: a. use the entrant's personal information until 30th June 2016 to conduct the Promotion in accordance with these Terms and Conditions and for promotional, marketing, publicity, research and profiling purposes, including to send electronic messages to or telephone the entrant; and b. disclose the entrant's personal information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers, for the purpose of conducting the Promotion. Entrants may access the personal information the Promoter holds about them, and should direct any request to access, update or correct information to the Promoter at its address set out in clause 2 of these Terms and Conditions. Entrants can obtain a copy of the Promoter's Privacy Policy at or by contacting the Promoter via the postal address provided in clause 2 above. All entries become the property of the Promoter. Prospective entrants may refuse to provide their personal information, and if prospective entrants refuse to provide their personal information as set forth in this clause 32, they may not enter this Promotion. 33. Entrants confirm and promise that their entry is original, and does not infringe the intellectual property rights of any third party. 34. Participation in the Promotion constitutes a prize-winner s consent to the Promoter s use of the prize-winner s name, likeness and opinions (including without limitation footage of the winner's receipt and use of the prize) on the Promoter's website or otherwise for promotional, marketing and publicity purposes without any fee being paid by the Promoter. The prize winner may also be requested to take part in publicity activities, and the winner agrees to participate in any reasonable requests, without any further fee being paid by the Promoter. The prize winner further agrees and commits not to object to the Promoter reproducing and publishing his/her entry photo and response to the Promotion question in its original form or in a modified form and without attributing him/her as its author for promotional, marketing, publicity and internal reporting purposes. The prize winner agrees to sign any further documentation required by the Promoter to give effect to this arrangement, as a precondition to being awarded the prize. 7

8 35. Any cancellation or modification (if permitted by law) to the Promotion will be notified on the Promoter's websites h-d.com.au/testrideandwin, h-d.asia/testrideandwin h- d.in/testrideandwin and harley-davidson.cn/shareyourexperience. A copy of these Terms and Conditions and prize details can also be obtained from those sites. 36. If part or all of any clause of these Terms and Conditions is unenforceable, it will be severed, and the balance of these Terms and Conditions will remain in full force and effect. 37. These Terms and Conditions are governed by the laws of Singapore and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of that country. For the avoidance of doubt, this clause 37 does not prevent an entrant from bringing an action in a court of their home country. 38. The Promoter's or an entrant's failure to enforce any term of these Terms and Conditions will not restrict the relevant party from enforcing that or any other provision at a later time. 39. In the event of a conflict between the English Terms and Conditions and any translated version of the Terms and Conditions, the English version will prevail. * This Game of Skill is open to any resident of India except of the State of Tamil Nadu or any other State where prohibited by Law. 8