Terms and Conditions
This competition ("Competition") is conducted by Honda Australia Pty Ltd, Level 4, 6 Gladstone Street, Moonee Ponds Victoria, 3039, ABN 66 004 759 611 (“Promoter”).1. All entry instructions, Prize information, the Prize and advertising material published by the Promoter form part of these terms and conditions. By entering and participating in this Competition, entrants are deemed to have acknowledged and accepted these terms and conditions.
2. To be eligible to enter the Competition and win the Prize an entrant must be an Eligible Entrant.
3. To be an Eligible Entrant (“Eligible Entrant”), the entrant must:
a. be aged 18 years or over;
b. hold a current and valid Australian Driver’s licence;
c. be able to take the Prize (including being in Victoria) between 12 May 2023 and 14 May 2023; and
d. comply with these terms and conditions.
4. Directors, management or employees, or their immediate family members, of the Promoter or its related entities, companies or agencies associated with the Competition are ineligible to enter the Competition.
5. The Competition commences on 12:01am (AEST) on 26/04/2023 and closes at 11:59pm (AEST) on 04/05/2023, unless extended by the Promoter in its sole discretion (“Entry Period”).
Entries
6. To enter, Eligible Entrants must:
a. email the Promoter’s public relations team at publicrelations@honda.com.au and state, in 25 words or less why you or someone you know deserves a VIP experience at Phillip Island including a hot lap in the Civic Type R around Phillip Island GP circuit with 2022 TCR Champion Tony D’Alberto. (“Eligible Entry”)
7. Entries received by the Promoter outside the Entry Period (irrespective of when they were sent) will only be included in the Competition at the Promoter’s sole discretion.
8. Eligible Entrants may only submit one entry during the Entry Period. Any subsequent entries will be excluded.
9. This Competition is a game of skill and chance plays no part in determining the Prize Winner. The Prize will be awarded to the Eligible Entrant that submits the Eligible Entry that the Promoter considers to be the most creative (“Prize Winner”). The Promoter’s decision is final, and no correspondence will be entered into.
10. Eligible Entrants are required to take full responsibility for the entry content and for ensuring that the entry content complies with these terms and conditions. “Entry content” includes any content that Eligible Entrants submit, upload, transmit, publish, communicate, or use in connection with their entry into the Competition. Entries must be the Eligible Entrant’s original work. The Promoter reserves the right to verify, or to require the Eligible Entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an Eligible Entrant’s entry. Entry content must not include:
a. promotion of goods or services, other than those of the Promoter;
b. any content that infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent, or otherwise objectionable or inappropriate (which includes, without limitation, any content involving malice, threats of violence or swearing); and
c. any literary, dramatic, musical, or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the Eligible Entrant is entitled to do so. If an Eligible Entrant has any doubts about whether they have the right to include any content, they must not include it. By including any such content in their entry, the Eligible Entrant warrants that they have the permission of the relevant copyright owner to do so, and that this permission allows the Promoter to use the entry in accordance with these terms and conditions.
11. The Promoter reserves the right to disqualify a Prize Winner if the Promoter becomes aware that the Prize Winner and/or the Prize Winner’s entry is of a type described in clause10.
Prize
12. There is one (1) Prize to be won. The Prize is a 2023 Shannons Speed Series Phillip Island Experience for the Prize Winner and one companion of his/her choice (“Companion”) (“Prize”), including:
a. 1 x ‘Hot Lap’ around the Phillip Island GP Circuit for the Prize Winner in a Honda Civic Type R driven by 2022 TCR Champion Tony D’Alberto on Friday 12/05/2023;
b. 2 x VIP experience tickets for Sunday 14/05/2023;
c. 2 x general admission passes to the Phillip Island Grand Prix Circuit grounds for Saturday 13/05/2023;
d. 2 nights' accommodation (12/05/2023 – 14/05/2023) for the Prize Winner and Companion at a hotel of the Promoter’s choosing; and
e. If the Prize Winner is not a Victorian resident:
1. 2 x economy return airfares between the Prize Winner’s closest capital city and Melbourne Tullamarine Airport;
2. Loan of 1 x vehicle of the Promoter’s choosing to be picked up from Tullamarine VIC from Friday 12/05/2023 and return on Sunday 14/05/2023.
13. The maximum total prize pool for the Competition is valued at AUD $3,000. If the Prize Winner is a Victorian resident, Item 12(e) will not be included in the Prize and will not be substituted with another prize.
14. The Prize or any element of the Prize is not transferable, exchangeable, or redeemable for cash. Prize values are in Australian dollars and are correct at the time of printing. The Promoter accepts no responsibility for any variation in the value of the Prize. Frequent Flyer or other loyalty points are not part of the Prize.
15. The Prize and any element of the Prize must be taken in whole when offered or will be forfeited. The Prize is not transferable or exchangeable.
16. If any part of the Prize is unavailable for any reason, or if the Prize Winner or Companion is physically or mentally unable to participate in any part of the Prize (in the Promoter’s sole discretion), the Promoter reserves the right to forfeit or substitute that part with another prize of equal or lesser value in its own discretion.
17. Prior to participating in the Hot Lap, the Prize Winner must:
a. participate in any training, briefing, necessary medical testing, or safety demonstration as directed by the Promoter or its nominee;
b. declare to the Promoter any health-related conditions that may adversely affect their ability to safely participate in the Hot Lap (and if relevant, provide written clearance from their doctor in relation to the condition);
c. comply with all directions of the Promoter or its nominee prior to and during the Hot Lap; and
d. wear all safety equipment required.
Award of Prize
18. The Promoter will review all Eligible Entries and select several Eligible Entries that, in the Promoter’s discretion, are the most creative. The winning Eligible Entry will be chosen by Tony D’Alberto from these Eligible Entries, in accordance with the same criteria. The Prize Winner will be the Eligible Entrant that submits the Eligible Entry selected by Tony D’Alberto as the most creative.
19. The Prize Winner will be announced and published by the Promoter on 5th May 2023 at https://www.honda.com.au/news and will be contacted via email and/or telephone. In the event that the Prize Winner cannot be contacted or does not accept the Prize prior to 7 May 2023, the Prize will be forfeited. Despite the Prize Winner forfeiting the Prize, the Promoter may still use the Eligible Entry in accordance with these terms and conditions. If for any reason the Prize Winner does not receive the Prize, including because it does not accept the Prize, or for any other reason contemplated in these terms and conditions, the Promoter will offer the Prize to the Eligible Entrant whose Eligible Entry it judges to be the next best having regard to the criteria and procedure set out in paragraph 9.
20. The Prize Winner agrees to sign (and to ensure the Companion signs) any documentation, including a vehicle loan agreement and any waivers, consents, or releases, as required by the Promoter in order to accept the Prize. The Promoter reserves the right to prohibit the Prize Winner from participating in the Prize if the Promoter determines, in its absolute discretion, that the Prize Winner is not in the mental or physical condition necessary to participate safely and responsibly.
21. The Prize Winner must prove their identity to the Promoter’s satisfaction by providing any signed documents and identification requested by the Promoter. The Prize will not be awarded if legitimacy or identity of the Prize Winner cannot be confirmed.
22. Any additional costs not expressly stated, but which may be incurred in the acceptance and use of the Prize, are the sole responsibility of the Prize Winner.
General Conditions
23. It is a condition of accepting the Prize that the Prize Winner must comply with all the conditions of use of the Prize and the prize supplier’s requirements.
24. Eligible Entries will be deemed received at the time that the Promoter is satisfied that all necessary requirements under these terms and conditions have been met at the time the Eligible Entrant enters the Competition. Incomplete, indecipherable, incomprehensible, or inappropriate entries will be deemed invalid. The Promoter takes no responsibility for late, lost, incomplete, indecipherable, or incorrectly submitted, misdirected or invalid entries, delays or failures in any equipment or telecommunications service used to administer this Competition.
25. The Promoter may, in its absolute discretion, declare an Eligible Entrant’s entry invalid or disqualify any entrant that tampers with the entry process or benefits from such tampering, submits an entry that is incomplete, inappropriate, or not in accordance with these terms and conditions, or otherwise acts in a manner that is disruptive, dishonest, or calculated to jeopardise the fair and proper conduct of this Competition.
26. The Promoter reserves the right to require an entrant to verify the validity of their entry within a time specified by the Promoter, including but not limited to an entrant’s identity, eligibility, age, address, the entrant’s continued possession of, or access to, the vehicle(s) and to disqualify any entrant who does not satisfy any entry criteria in these terms and conditions. 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. Errors and omissions may be accepted at the Promoter’s sole discretion. Proof considered suitable for verification is at the Promoter’s discretion.
27. If for any reason this Competition is not capable of running as planned, or is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, weather event, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to the approval of any relevant gaming authorities where required.
28. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorised access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); or (v) any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a Prize.
29. All of the Promoter's decisions in relation to all aspects of this Competition are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
30. The Eligible Entrants and the Prize Winner agrees to transfer to the Promoter ownership, including moral rights or any other intellectual property or proprietary rights, it may have in the Eligible Entry. Eligible Entrants and the Prize Winner expressly agree that the Promoter may use Eligible Entries in its promotional material, including, without limitation, on Facebook, on other social media platforms, online, in hard copy flyers, and in point-of-sale material. The Eligible Entrants and Prize Winner acknowledge and agree that neither they nor any third party shall be entitled to any fee, royalty, or other consideration in respect of such transfer of ownership.
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 Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), as well as any other applicable implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
32. The Promoter, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability, except for any liability that cannot be excluded including the Non-Excludable Guarantees, for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by the Prize Winner or Companion in connection with the Competition, or the Prize, including without limitation: (i) any indirect, special, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death. The winner expressly acknowledges that motor racing is an inherently dangerous activity and may result in injury or death. To the extent that such liability cannot be excluded by law, it is limited to the minimum allowable by law.
33. The Prize Winner and Companion must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) related to winning the Prize, free of charge, and consent to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise.
34. The Promoter may republish, distribute or use any Eligible Entry or promotional material described in paragraph 32 above for promotional purposes and Eligible Entrants agree to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise. Eligible Entrants must also, as a condition of entry, procure the consent of their Companion to the Promoter using their name, likeness, image and/or voice in promotional material in any media at any time without notification or compensation, financial or otherwise.
35. This Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. and Entrants expressly release Facebook, Inc. for any loss or damage suffered as a result of participating in the Competition.
36. Entrants’ and Companions’ personal information is collected from entrants by or on behalf of the Promoter to enable the Promoter and its agents to manage, administer and promote the Competition and, where applicable, publicise the Prize Winner. The personal information may also be provided to persons assisting the Promoter, including Prize suppliers and deliverers, marketing agencies and IT providers, and to media outlets and related companies. The Promoter will disclose entrants’ personal information and/or collect personal information about entrants in its business functions and activities and for the purposes detailed in this statement. The Prize Winner’s name and any images submitted to the Promoter, may also be published on the Promoter’s website and social media platforms run by the Promoter. By participating in the Competition, Eligible Entrants consent to these uses and disclosures of their personal information.
37. If an Eligible Entrant does not provide the personal information the Promoter requests, the Promoter may not be able to provide entry into the Competition. All personal information is handled in accordance with these terms and conditions, the Promoter’s Privacy Statement and the Promoter’s Privacy Policy. Information about how to access or correct the personal information that the Promoter holds about you, or to make a complaint, can be found in the Promoter’s Privacy Policy available online at https://www.honda.com.au/privacy. A request to access, update or correct any information should be specifically directed to the Promoter at 95 Sharps Road, Tullamarine, Victoria, 3043.
38. Entry into the Competition also entitles the Promoter and any related companies that use the Honda name (“we”/”us”) to let the Eligible Entrant know from time to time about news, offers, products and services they might be interested in (by any medium, including telephone, email, mail, SMS, or online marketing). In order to carry out direct marketing, Eligible Entrants’ personal information will be collected from and disclosed to others that provide us with specialised data matching, trending, or analytical services, as well as general marketing services. We, and other people who provide us with services, may combine the personal information collected from entrants or others, with the information we, or other companies in the Honda Group, or our service providers already hold about Eligible Entrants. We may also use online targeted marketing, data and audience matching and market segmentation to improve advertising relevance. It is a condition of entry that Eligible Entrants consent to receive the Promoters’ marketing communications, although Eligible Entrants may opt out of, or unsubscribe from, receiving marketing communications at any time, under applicable legislation.