RYCO EVERYBODY WINS PROMOTION AUSTRALIA TERMS AND CONDITIONS

Transcription

1 RYCO EVERYBODY WINS PROMOTION AUSTRALIA TERMS AND CONDITIONS 1. Information on how to enter and the prizes forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 2. Entry is only open to Repco Trade Account Customers who are operating in Australia ( Eligible Businesses ). 3. Eligible Businesses must be within the agreed trading terms throughout the promotional period and must not have overdue monies owing as at the promotional closing date, in order to be eligible to claim any prize. 4. Employees (and their immediate families) of the Promoter, participating Repco stores 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, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or 1 st cousin. 5. The promotion commences at 8:30am (AEDST) on 01/02/2012 and closes at 5.00pm (AEDST) on 31/03/2012 ( Promotional Period ) or at the point when the last of the 1,500 specially marked Ryco Filters Promotional Pack (Part#RPP128) is sold, whichever occurs first. All claims for instant win prizes must be received by 5:00pm(AEST) on 31/07/ To be eligible to enter, an authorised representative of an Eligible Business must purchase a specially marked RYCO Filters Promotion Pack (Part#RPP128) (containing one (1) Ryco EVERYONE WINS promotional entry card featuring a unique code which is enclosed in a red envelope) from a participating Repco store nationally, during the Promotional Period. 7. To enter and to find out instantly what prize they have won, the authorised representative of an Eligible Business must then send an SMS to containing their full name, business name, invoice number and unique code (as found on the Ryco EVERYONE WINS promotional entry card), in that order, with a space between each item (E.G. JIM SMITH SUMMIT MOTORS INV211 12S3E), so that the SMS is received during the Promotional Period. 8. SMS entry cost will vary depending on the mobile network used (but will not exceed $0.55). SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the authorised representative of an Eligible Business. 9. Each authorised representative of an Eligible Business will be notified by return SMS (at no cost to the authorised representative of an Eligible Business) informing them of their allocated prize. This SMS will accompany clear instructions of how to redeem prize via a dedicated redemption website. In addition, authorised representatives of a winning business may also be contacted subsequently by SMS and/or phone, if necessary, for the Promoter to record their business address details so that the prize may be awarded. 10. The Promoter reserves the right, at any time, to verify the validity of entries, Eligible Businesses and their authorised representatives (including an Eligible Business place of business and an authorised representative s identity, place of residence and place of employment) and to disqualify any Eligible Business whose authorised representative submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs. 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.

2 11. Incomplete or indecipherable entries will be deemed invalid. 12. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specified purchase requirement; (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) unique code per entry is permitted; (d) the same unique code cannot be used more than once; and (e) unrecognised codes will be deemed invalid. 13. Eligible Businesses must retain a copy of their purchase receipt(s)/invoice(s) and their original Ryco EVERYONE WINS promotional entry card clearly showing the unique code(s) used to enter, for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Business entries and forfeiture of any right to a prize. Purchase receipt(s)/invoice(s) must clearly specify the store of Repco purchase and that the purchase was made during the Promotional Period but prior to entry. 14. If there is a dispute as to the identity of an Eligible Business or its authorised representative, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Business or its authorised representative. 15. The Promoter s decision is final and no correspondence will be entered into. 16. There will be one thousand and five hundred (1,500) instant win prizes available to be won as part of this promotion, as follows: One (1) x 2011 Hyundai i301.6l car with automatic transmission, available in either red or white valued at up to $19,390, including all on road costs (including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). All additional insurance, options, petrol and all ancillary costs are the responsibility of the winning business. An authorised representative of the business that wins the Hyundai i30 must collect the prize from their nearest authorised Hyundai dealership. If the authorised representative is, through any legal incapacity or otherwise, unable to register the car in the name of the winning business, then the authorised representative of the winning business of the Hyundai i30 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 authorised representative of the winning business of the Hyundai i30 and the assignee. The authorised representative of the winning business of the Hyundai i30 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 authorised representative of the winning business of the Hyundai i30 may be required to sign a legal release in a form to be determined by the Promoter in its discretion. Ten (10) x Specialised Hard Rock Pro Disc 19 mountain bikes valued at $999 incl. GST One (1) x Hanatech scan tool (Part#SCANPROP1FULLEX) valued at $7, incl. GST. One (1) x Mitcorp M2 wireless video borescope (Part#M260F1MA2M) valued at $2, incl. GST. Two (2) x Mitcorp portable videoscope (Part#FASTA55F1MSM) valued at $1, incl. GST Two (2) x Repco 126 piece tool kit (Part#RTK29500) valued at $ incl. GST Ten (10) x Repco 60 piece socket/spanner set (Part#RTK221500) valued at $ incl. GST Twenty (20) x Repco 30 piece air angle die grinder kit (Part#RADGK067) valued at $ incl. GST Twenty (20) x Repco ½ impact wrench (rattle gun) (Part#RIW460) valued at $ incl. GST

3 Twenty (20) x Ryco 50 litre Cooler valued at $ incl. GST Twenty five (25) x Navman 3.5 GPS (Part#020893) valued at $ incl. GST Twenty five (25) x Automedia portable 7 DVD player (Part#AM-700) valued at $ incl. GST Twenty five (25) x Tradequip 14.4V cordless impact wrench (Part#9832) valued at $ incl. GST Eighty eight (88) x Repco LED inspection light (Part#RWL20LED) valued at $85.99 incl. GST One hundred (100) x Ryco clock valued at $19.95 incl. GST Two hundred (200) x Oricom 1W UHF radio CB twin pack (Part#PMR1200) valued at $ incl. GST Two hundred and seventy five (275) x Ryco drink bottles valued at $9.95 incl. GST Two hundred and seventy five (275) x Ryco caps valued at $9.95 incl. GST Four hundred (400) x Ryco three (3) pack of golf balls valued at $14.95 incl. GST 17. The names of winning businesses of a prize valued at over $250 will be published in The Australian on 10/04/2012 Authorised representatives of winning businesses will be notified in writing within two (2) days of winning the prize. When contacted, the authorised representative of a winning business will be given instructions on how to redeem the prize. 18. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 19. By accepting the prize, the authorised representative of a winning business agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned. 20. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between the date of printing and the ultimate prize win date. 21. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. 22. Prizes will be awarded to the authorised representative of the respective winning business (as provided in the SMS entry). 23. Subject to the unclaimed prize draw clause, if for any reason the winning business does not redeem a prize (or part of a prize), then the prize (or part of that prize) will be forfeited. 24. Total prize pool value is $117, Prizes are not transferable or exchangeable and cannot be taken as cash. A draw for any unclaimed prizes may take place at 12 noon AEST on 02/07/2012 at Flow Marketing, 107/9 Claremont Street, South Yarra VIC 3181, subject to any directions from a regulatory authority. Authorised representatives of a winning business resulting from the second chance draw will be notified in writing within two (2) days of the unclaimed prize draw and by SMS and/or phone and, if necessary, the Promoter

4 will record their business address details so that the prize may be awarded. The name(s) of any winning business(es) of a prize valued at over $250 resulting from the unclaimed prize draw will be published in The Australian on 16/07/ Authorised representatives of Eligible Businesses consent to the Promoter using the business name, likeness and/or image in the event they are the winning business (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. 27. 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 Eligible Businesses and/or its authorised representative; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 28. The use of any automated entry software or any other mechanical or electronic means that allows an authorised representative of an Eligible Business to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Business invalid. 29. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Instant win game materials void if stolen, forged, mutilated or tampered with in any way. 30. There will be a total of 1,500 instant win game cards printed for this promotion. 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, 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. 32. 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 tax liability incurred by a winning business or Eligible Business (or its authorised representative); or (e) use/taking of a prize. 33. As a condition of accepting a prize, each authorised representative of a winning business must 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. 34. The Promoter collects personal information of authorised representatives of Eligible Businesses 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 Eligible

5 Business and/or its authorised representative. Authorised representatives of Eligible Businesses should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. 35. The Promoter is GUD Automotive Pty. Ltd. (ABN ) of 245 Sunshine Road, Tottenham VIC 3012, telephone (03) NSW Permit No. LTPS/11/11992, VIC Permit No.11/2736, ACT Permit No. 11/05180, SA Permit No. TP11/2723.