Hyundai A-League 30 Seconds to Win It Half Time Promotion TERMS AND CONDITIONS
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1 Hyundai A-League 30 Seconds to Win It Half Time Promotion TERMS AND CONDITIONS All sections and information in this document form part of these Terms and Conditions. Information on how to enter and the prizes form part of these Terms and Conditions.Participation in this promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their parent/guardian (where applicable). Schedule to Entry Conditions 1 Promoter Name: Hyundai Motor Company Australia Pty Limited ABN: Address: Cnr 394 Lane Cove Road & Hyundai Drive Macquarie Park NSW 2113 Phone: ( Promoter ) 2 Who may enter? Entry is only open to persons who meet all the following criteria: (i) Residents of the following Australian states: - New South Wales - South Australia - Victoria - Queensland - Western Australia (ii) 16 years of age or older. Entrants between 16 and up to but not including 18 years of age must have parental or legal guardian approval to enter. In additions, if an entrant under the age of 18 wins a prize, the prize will be awarded to the winner s parent or legal guardian, on the winner s behalf, unless otherwise specified by the promoter. The parent/guardian must have also read and consented to these Terms and Conditions. (iii) is willing, ready and able to complete all entry requirements at the times and dates set out in these Terms and Conditions. Employees (and their immediate families) of the Promoter and its contractors and agencies associated with the promotion are ineligible to enter. Immediate family means spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1 st cousin, whether or not they live in the same household as the director, manger, employee, officer or contractor. 3 Promotional Period The promotion commences at 08:00am AEDT on 30 th of September 2016 and closes at 04:00pm AEST on the 7 th of April 2017 ( Promotional Period ). 4 (a) How to enter? (i) The promotion will be conducted at the matches outlined in Appendix 1 below ( Eligible Matches ). Entries open for each Eligible Match from the start of the Promotion Period and close as specified in the table in Appendix 1 below (each an Entry Period ). (ii) One (1) draw will be conducted for each Eligible Match. To enter the draw for an Eligible Match, an entrant must complete the following: N :11
2 (a) Visit and (b) Enter their personal details (including: First Name, Last Name, Address, Mobile Phone Number, Home Club Preference), select preferred Eligibility Match/Game of Attendance, agree to these Terms and Conditions and submit the fully completed entry form during the respective Entry Period for that Eligible Match. Entrants must be available to attend the Eligible Match nominated on entry to be eligible to be deemed a Participant for that Eligible Match. Any costs associated with attending the Eligible Match including costs for travel to and from the Eligible Match and entry tickets to the Eligible Match, will be the responsibility of the Participant. Entrants may only nominate a preferred Eligible Match on entry that is within the same State/Territory in which they reside. (b) Maximum number of entries 5 (a) Set up of the Kicking Stations Only one (1) entry permitted per person and per Eligible Match. (i) Immediately before the game in the selected Match, the Hyundai Promotional Staff will create three Kicking Stations on the field. The Promotional Staff will set up the three kicking stations at the following positions on the pitch. (ii) Kicking Station 1 will be from the edge of the 18-yard box (for the avoidance of doubt, this is 18 yards or 16.5 metres from the goal line). At Kicking Station 1, there will be two (2) Hyundai A-League standard footballs placed for the Participants to kick. (iii) Kicking Station 2 will be exactly half way in between the edge of the 18- yard Box and the closest edge of the Centre Circle (this measurement may vary slightly as the average size of a professional football pitch can be between meters, however for the avoidance of doubt a minimum of 26.1 meters from goal line and a maximum or metres from goal line). At Kicking Station 2, there will be two (2) Hyundai A-League standard footballs placed for the Participants to kick. (iv) (v) Given that most football pitches are different lengths, Kicking Station 3 will be set up 2 metres from the Centre Circle towards the Goal. For the avoidance of doubt, this is a maximum of 11 meters from the half way line which is a minimum of 34 metres from the goal line and a maximum of 49 metres from the goal line. At Kicking Station 3, there will be two (2) Hyundai A-League standard footballs placed for the Participants to kick. Placed one at a time for each participant to kick one. It is required that the Promotional Staff measure and record their measurement in one continuous, unbroken video recording (clearly showing the distance measured). N :12
3 (b) The Game (i) Before the game of the Eligible Matches, the two Participants will be invited on the pitch where the Promotional Staff will toss a coin to see which Participant plays the game first and which Participant plays second. (ii) (iii) The first Participant will be placed at the goal line and will be given thirty seconds to run to kick their 3 balls in any order from the 3 different Kicking Stations. A Participant may kick only one of the two balls from each Kicking Station trying to hit the cross-bar of the goal. However, once thirty seconds has been reached, the Participant must cease running, take no further kicks and return to the goal line. The second Participant will also have thirty seconds to run from the goal line and attempt to kick their 3 remaining balls in any order. However, once thirty seconds has been reached, the Participant must cease running, take no further kicks and return to the goal line. (c) Prizing (i) Each Participant will be awarded club merchandise to the value of $50 regardless of whether they make a Successful Kick or not. (ii) If a Participant completes a Successful Kick the ball from the Kicking Station and hits the crossbar, they will win the following Prize or Prizes. Kicking Station 1: (a) The prize for making a Successful Kick from Kicking Station 1 is a 2017 Club Membership to the Hyundai A-League Club of their choice to the value of $ An audit of the Footage may be reviewed by the Promoter, game insurer or any other company/business on the Promoter s behalf, prior to the prize being awarded to the winner. (b) There is a maximum of two Prizes that could be won from Kicking Station 1 at each Eligible Match. Kicking Station 2: (a) The prize for making a Successful Kick from Kicking Station 2 is $2, An audit of the Footage may be reviewed by the Promoter, game insurer or any other company/business on the Promoter s behalf, prior to the prize being awarded to the winner. (b) There is a maximum of two prizes that could be won from Kicking Station 2 at each Eligible Match. Kicking Station 3: (a) The prize for making a Successful Kick from Kicking Station 3 is a new Hyundai Accent with automatic transmission. Total prize value is up to AU$15,990 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the Participant. Exact colour of vehicle awarded determined by the Promoter in its absolute discretion. The Participant may be required to collect the prize from their nearest authorised Hyundai dealership, if not awarded on the day of the Game. An audit of the Footage may be reviewed by the Promoter, game insurer or any other company/business on the Promoter s behalf, prior to the prize being awarded to the winner. (b) There is a maximum of two prizes that could be won from Kicking Station 3 at N :13
4 each Eligible Match. (iii) If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion. If the winner is under the age of 18, a parent or legal guardian of the winner will be required to sign the legal release mentioned above on the winner s behalf. Prizes (Summary) (a) The following table shows the maximum prizes available at each Eligible Match: Kicking Station Prize Value of Prize Number of balls per Kicking Station Total aggregate prizes available across all nine Matches Club Membership $400 2 $7,200 2 $2,500 $2,500 2 $45,000 3 Hyundai Accent Up to $15,990 2 Up to $287,820 n/a Club merchandise to the value of $50 $50 n/a $900 TOTAL Up to $340,920 (b) There are nine (9) Eligible Matches in Australia. The total maximum prize pool nationally is therefore up to $340,920. There are four (4) Eligible Matches in NSW and one (1) Eligible Match in SA. The total maximum prize pool in NSW is therefore $151,520. The total maximum prize pool in SA is therefore $37,880. (d) Qualifying a Successful Kick (i) The definition of a Successful Kick; (a) Must be kicked by the Participant from the Kicking Station and not moved closer or further from the goal or tampered with in any way before the Kick is made; (b) Does not allow the Participant to have any practice kicks and the Participant may not touch any of the balls before the 30 seconds commences; (c) The ball must travel from the Participants foot and strike the cross bar of the goal frame without hitting the floor or any other object prior to striking the cross bar (i.e. must be direct); (d) If more than 5% of the ball strikes the cross-bar (defined by the diameter of the ball), it will be deemed a Successful Kick; (e) If the ball strikes the top left or right corner of the goal frame and more than 5% of the ball hits the horizontal cross-bar (defined by the diameter of the ball); and (f) If the Promoter (and it s third party providers) believes that the Participant has made a Successful Kick, it will be deemed a Successful Kick (e) The Footage (i) A minimum of three GoPros and/or hand-held iphones will be set up to take Footage of all of the kicks that are attempted. (ii) The first Go Pro and/or hand-held iphone is based at Kicking Station 1 and takes a video of each kick (regardless of which Kicking Station the Participant is taking the Kick from). The footage must show the ball being N :14
5 kicked by the Participant and has continuous, uninterrupted Footage of the ball throughout the flight of the ball when it strikes the cross-bar. (f) How winner is determined (iii) The second GoPro and/or hand-held iphone is based at Kicking Station 2 and takes the Footage as per the Promotional Staff based at Kicking Station 1. (iv) The third GoPro and/or hand-hand iphone is based at Kicking Station 3 and takes the Footage as per the Promotional Staff based at Kicking Station 1 and 2 (ii) The draw for each Eligible Match will take place at the Octagon Office, 32 Grosvenor St, The Rocks, Sydney, New South Wales, 2000, on the dates and times specified in Appendix 1 below; excluding Match 2, which will take place at Greeneagle Distribution and Fulfilment, Unit 10 Ricketty Street, Mascot, New South Wales, 2020, as per the date and time specified in Appendix 1. (iii) (iv) (v) The first two (2) valid entries randomly drawn will each be deemed a draw winner and have the opportunity to participate in the Game ( Participants ). The draw conductor will draw additional reserve entries in case of an invalid entry or entrant or in case an entrant cannot be contacted in accordance with clause 5.F.V, below or in case the drawn entrant does not want to participate in the Game (details outlined below). If either of the winners cannot be contacted by 9am (NSW time) the proceeding day of the Draw, the Promoter will contact the next reserve winner from the draw. This process will continue with each entrant having 2 hours (120 minutes) to call the promoter back and accept participation in the Game from the first phone call to them by the promoter. Under no circumstances whatsoever will a proxy or replacement Participant be permitted to take part in the 30 Seconds to Win It promotion if the Winner is unable to participate for any reason. An ID check will be carried out by the Promotional Staff prior to the Game starting to ensure the drawn winner is the correct participant. (c) Maximum value of prizes 6 Winner notification 7 Winner publication 8 Unclaimed Prize Draw 9 Permit numbers The total maximum prize pool nationally is therefore up to $340,920. There are four (4) Eligible Matches in NSW and one (1) Eligible Match in SA. The total maximum prize pool in NSW is therefore $151,520. The total maximum prize pool in SA is therefore $37,880. Winners will be notified via and a follow up phone call within 30 minutes of the draw. The final results of the draw will be published at within five (5) days of the draw. (i) A draw for any unclaimed prizes from an Eligible Game will take on 10/07/2017 at 2pm at Greeneagle Distribution and Fuifilment, Unit 10 Ricketty Street, Mascot, NSW 2020, subject to any directions from a regulatory authority. Winners will be notified by telephone and SMS within two (2) business days of the draw and their names (for prizes over $250) will be published at by 14/07/2017. Authorised under NSW Permit No. LTPS/16/07890, & SA Licence No. T16/1712. N :15
6 10 Additional terms (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) It is the winner s responsibility to ensure that they have valid documentation, which meet the requirements of government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the winner. If the promoter deems that the Game would be unsafe to play at an Eligible Match due to conditions at the Eligible Match (e.g. unsafe weather conditions), then the Game will not go ahead on that occasion and all two (2) Participants of the Eligible Game will only receive club merchandise to the value of $50, and will forfeit their right to any other prize that would otherwise be available to be won through the Game. 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 Terms and Conditions, tampered with the entry or Game process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. Incomplete, indecipherable, inaudible or illegible entries (as applicable) will be deemed invalid 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. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or redeem a prize (or an element of the prize) at or by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeit. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event 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. N :16
7 (x) 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, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. (xi) 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. (xii) 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) if an Eligible Match or game event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of and/or taking of a prize. (xiii) As a condition of accepting the prize, each winner (or their parent or legal guardian on their behalf, if the winner is under the age of 18) may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. (xiv) 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 viewed at In addition to any use that may be outlined in the Promoter s Privacy Policy, the Promoter may, 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. The Privacy Policy also N :17
8 (xv) contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant s personal information to any entity outside of Australia. The Promoter s decision relating to all aspects of this Promotion is final and no correspondence will be entered into. N :18
9 Appendix 1: Match Schedule There are nine Hyundai A-League Eligible Matches in total where the half time game will activation occur as outlined below: All times as specified in the table above are as applicable to the State where the Eligible Match will occur. N :19
10 1 ENTRY 1.1 Entry is only open to those specified in Item 2 of the above Schedule to Entry Conditions ( Schedule ). 1.2 To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule. 1.3 Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule. 1.4 All entries must be received by the Promoter by or in the period indicated in Item 4(a) of the Schedule. Entries are deemed to be received at the time the Promoter receives the entry in its promotion database, and not at the time of transmission by the entrant. 1.5 The Promoter may, at any time, verify the validity of entrants and entries (including an entrant s identity, age, place of residence and whether they hold any driver s licence required to enter this promotion). Entrants must fully cooperate with the Promoter in connection with such verifications. 1.6 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. However, the Promoter may (but is not obliged to) at its discretion accept an entry which contains errors or omissions. 1.7 All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant s responsibility. 1.8 If this promotion involves the entrant participating in any physical or sporting activity, the entrant acknowledges and agrees that: (a) the entrant is fit, in good health, and not aware of any reasons that may harm or endanger their health by participating in such activities. Without limitation, the entrant warrants and agrees that at the time they participate in the activities, they will not be pregnant, under the influence of drugs or alcohol, and will not have any heart condition, abnormal blood pressure, epilepsy, pre-existing injury or any other medical condition that might make it unsafe for them to participate in the activities; (b) the entrant may be required to undertake tasks that may be physically challenging and may involve risks of injury, illness or death, some of which may be obvious and others that may not be obvious; (c) the entrant may be required to sign an indemnity form (with content that the Promoter determines in its discretion) before participating in the activities, and if they refuse to sign the indemnity form, this will disqualify the entrant and the Promoter may select another person to replace the entrant at its sole and absolute discretion; (d) the Promoter will not be responsible or liable for any personal injury, illness or death caused to the entrant or any other person in connection with the entrant s participation in the activities; and (e) the entrant must conduct themself in an appropriate manner and follow the Promoter s instructions and all venue rules and regulations at all times. 1.9 If this promotion involves the entrant submitting any photographs, images, films, recordings, footages, videos, sms or mms messages, testimonials, comments, artistic works, literary works, information, materials or documents to the Promoter ( Content ) then the entrant agrees that: (a) the entrant must not submit any Content that is unlawful, fraudulent, defamatory, offensive, obscene, derogatory, discriminatory, pornographic, sexually inappropriate, insulting, scandalous, violent, abusive, harassing, threatening, inflammatory, not suitable for children under 12 years, unlawful, libellous, hateful, objectionable in relation to race, religion, ethnicity or gender, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law, capable of giving (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) rise to a civil liability or otherwise unsuitable or inappropriate; the entrant must not submit any Content that breaches or may breach any intellectual property, privacy, publicity or other rights; the Content is the entrant s own original independent creation and does not include any third party s intellectual property or infringe any third party s intellectual property rights; the entrant is fully responsible for the Content. The Promoter will not be liable for the Content or its use in any way; before submitting the content, the entrant has obtained or obtains the consent of all persons who appear in the Content to in relation to the use of the Content for this promotion; the Content has not been published previously or used in any other promotion; the Content will not contain viruses or cause injury or harm to any person or entity; the entrant will comply with all applicable laws and regulations, including without limitation, those laws governing intellectual property, content, defamation, publication, privacy and the access and use of computer or communication systems; the Promoter may review all Content and may at any time reject, remove or take down any Content (wholly or partially) at its sole and absolute discretion without notice if it considers, discovers or suspects the Content not to comply with any of these Term and Conditions; the entrant must comply with all requests by the Promoter to remove, take down or edit any Content; unless clause 1.10 applies, the entrant grants the Promoter, its affiliates, agencies and sub-licensees a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, disclose and display the Content for any purpose and in any media and medium, without compensation, liability, restriction on use, attribution of the entrant s moral rights. Entrants warrant that they have full authority and rights to grant such rights to the Promoter. the entrants must not assert any moral rights in connection with the Content; 1.10 If the Promoter requires, all title and property in any Content will be transferred from the entrant to the Promoter and the entrant will not be entitled to any compensation for such transfer. 2 PRIZES 2.1 The prizes in this promotion include the prizes set out in Item 5(a) of the Schedule. The entrant agrees to any terms relating to the prizes set out in Item 5(a) of the Schedule. 2.2 Prize winners will be selected in accordance with the method set out in Item 5(b) of the Schedule. 2.3 Prize winners will be notified in accordance with the terms set out in Item 6 of the Schedule, and their names and/or suburbs will be published in accordance with the terms set out in Item 7 of the Schedule. 2.4 The entrant must ensure they provide their correct contact details to the Promoter, and to notify the Promoter of any changes to their contact details before the date and time for announcing winners. The Promoter will not be liable if it cannot contact any winner because of any incorrect contact details provided by an entrant. 2.5 If a winner is under 18 years, the Promoter may award the prize to the winner s parents/guardian on the winner s behalf. 2.6 If the Promoter requests, the winner (and any parent or guardian of the winner) must provide the Promoter with proof of identity before being eligible to claim a prize. 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. 2.7 If any prize or portion of a prize is unavailable, the Promoter may at its sole and absolute discretion substitute the prize or portion of that prize with a prize of equal value and/or N :110
11 specification, subject to any directions from any regulatory authority, if applicable. 2.8 The maximum prize pool value is set out in Item 5(c) of the Schedule. The Promoter accepts no responsibility for any variation in the total prize value or any individual prize value. 2.9 Prizes or any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless the Promoter agrees otherwise in writing Prizes are awarded subject to the standard terms and conditions of individual prize and service providers Any ancillary costs associated with redeeming a prize (including without limitation, transportation costs) are not included and are the responsibility of the winner The entrant agrees to the terms concerning (if applicable) redraws and redetermination of winners set out in Item 8 of the Schedule These Terms and Conditions and any promotional materials connected with this promotion do not include by implication any term, condition, representation or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, image, manufacture, design or performance of any of the prizes, to the fullest extent permitted by law. 3 PRIVACY 3.1 The Promoter collects the entrant s personal information to conduct this promotion and may, for this purpose, disclose such information to third parties, including without limitation, to its agents, contractors, affiliated entities, service providers, prize suppliers and Australian regulatory authorities. 3.2 The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the entrant s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any opt out, access, update or correct information request to the Promoter. A copy of the Promoter s privacy policy can be viewed at Entrants consent to the Promoter using their name, suburb of residence, photo, likeness, image, voice, recording, film and/or footage in any media for an unlimited period without remuneration to promote this promotion (including any outcome), and promote any products and services that the Promoter supplies or distributes. 4 SOCIAL MEDIA 4.1 If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees: (a) to comply with (where applicable) Facebook s, Twitter s, YouTube s, Instagram s and any other social media website s terms and conditions in relation to promotions, including (as applicable) Facebook s Statement of Rights and Responsibilities, Twitter s terms of service, YouTube s terms of service and Instagram s terms of use; (b) that this promotion is in no way sponsored, endorsed or administered by, or associated with (where applicable) Facebook, Twitter, YouTube, Instagram or any other social media website (unless otherwise specified); and (c) that any questions comments or complaints about this promotion must be directed to the Promoter and not to (as applicable) Facebook, Twitter, YouTube, Instagram or other social media website. 5 GENERAL 5.1 All of the Promoter s decisions in connection with this promotion are final and binding, and no correspondence will be entered into regarding the decisions, subject to any directions from any regulatory authority, if applicable. All decisions are made at the sole and absolute discretion of the Promoter. 5.2 Entrants agree to indemnify and keep indemnified the Promoter against all losses, costs, expenses, damages or liabilities that the Promoter suffers or incurs or is likely to suffer or incur, and against all claims, demands, proceedings, suits and actions against the Promoter in connection with an entrant s breach of any of these Conditions. 5.3 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 5.4 The Promoter may at its sole and absolute discretion and to the full extent permitted by law: (a) invalidate any entry; (b) disqualify any entrant; and/or (c) modify, suspend, terminate or cancel the promotion, as appropriate, for any reason the Promoter deems appropriate at its discretion, including without limitation if: (d) any entry does not comply with any of these Conditions, is incomplete or indecipherable, or is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents; (e) any entrant does not comply with these Term and Conditions or tampers with the entry process; (f) the promotion is not capable of being conducted as (g) (h) (i) reasonably anticipated; any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs; any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or any act, omission, failure or delay occurs which is not reasonably within the Promoter s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion. 5.5 To the extent permitted by law, the Promoter (including its respective officers, employees, directors, contractors, agents and affiliated entities) is not responsible for and excludes all liabilities (including exclusion of all liabilities for negligence, personal injury, illness and death of any person), losses, expenses, damages, costs, claims, demands, proceedings, actions and suits (whether or not direct, indirect, special, consequential) arising as a result of or in connection with any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs; any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or any act, omission, failure or delay occurs which is not reasonably within the Promoter s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion; entry or prize claim that is late, lost, altered or damaged, whether or not due to the Promoter s act, omission or fault; variation in prize value to that stated in these Terms and Conditions; entrant s or other person s participation in this promotion; damage caused to any prize in transit before the prize winner takes possession; tax liability incurred by a winner or entrant; use or misuse of the prize; invalidation of any entry; disqualification of any entrant; and/or any cancellation, termination, modification or suspension of this promotion. 5.6 If any Hyundai vehicle is to be loaned to an entrant or winner, such loan is subject to the Promoter s standard terms and conditions in relation to vehicle loan arrangements. The entrant or winner must sign any document or agreement that the Promoter requires before accepting and using the loan vehicle (including any deed of release and indemnity). Without limiting the terms in the vehicle loan agreement, the entrant or winner agrees that: (a) the vehicle must be collected and returned at a time and to a location the Promoter requires; and N :111
12 (b) the entrant or winner will be responsible for all fuel costs and traffic infringement fines, penalties and tolls incurred during the loan period. 5.7 The entrant must comply with all additional terms set out in Item 10 of the Schedule. 5.8 Where applicable, the permits/licences issued for the conduct of this promotion are set out in Item 9 of the Schedule. N :112
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