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Terms and Conditions

Terms and Conditions


This competition ("Competition") is conducted by Honda Australia Pty Ltd, 95 Sharps Road, Tullamarine VIC 3043, 1800 804 954 (“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 a person must:
    1. be aged 18 years or over;
    2. hold a current and valid Australian Driver’s licence; and 
    3. comply with these terms and conditions.
    (“Eligible Entry”)

     

  4. Directors, management or employees, or their immediate family members, of the Promoter, Dealers or their related entities, companies or agencies associated with the Competition are ineligible to enter the Competition.

     

  5. During the Entry Period, Eligible Entrants may enter into the Competition by:
    1. visiting an authorised Honda Dealer (“Dealer”) in your state or territory; or
    2. if due to the COVID-19 pandemic, visiting a Dealer is not possible (or an Eligible Entrant decides they would prefer not to visit a Dealer), by calling a Dealer in your state or territory by telephone; or
    3. if Dealers in your state or territory are closed or not answering the phone, by calling the Promoter on 1800 806 317.

     

  6. To enter the Competition, you will need to provide your contact details and agree to these terms and conditions. Within 7 days of entering the Competition, the Promoter will email Eligible Entrants who have entered the Competition to confirm their entry has been received and verify the accuracy of their entry details. Eligible Entrants who do not receive this email within this period should contact the Dealer at which they entered the Competition, or if applicable, the Promoter on 1800 806 317.

     

  7. The Competition commences on 1 October 2020 at 09:00 (AEST) and closes on 31 October 2020 at 20:00 (AEDT), unless extended by the Promoter in its sole discretion (“Entry Period”).

     

  8. 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.

     

  9. 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.

     

  10. 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.

     

  11. 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, 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.

     

  12. Each Eligible Entrant may submit one Eligible Entry.

     

  13. 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 does not comply with these terms and conditions.

     

  14. The prize for the promotion is the right to purchase a Honda Civic Type R Limited Edition vehicle (LE Vehicle) from the Dealer at which the entrant entered the Competition (Prize). If the mode of entry is online rather than at a Dealer, the Prize Winner can decide which Dealer they wish to purchase the LE Vehicle from. There will be 19 Prizes (i.e 19 separate Prize Winners will win the right to purchase an LE Vehicle). For the avoidance of doubt, Prize Winners do not win an LE Vehicle in this Competition, they only win the right to purchase an LE Vehicle from a Dealer at a purchase price to be agreed with the Dealer on terms to be agreed with the Dealer in a vehicle contract of sale (Dealer Vehicle Sale Contract). If requested by a Prize Winner, a Dealer, in its absolute discretion, may agree to a person other than the Prize Winner (e.g a family member of the Prize Winner, or a company or other entity in which the Prize Winner has an interest) being the party who purchases the LE Vehicle under the Dealer Vehicle Sale Contract.

     

  15. The right to buy an LE Vehicle is not quantifiable, so it is not possible to provide the value of the Prize or the total prize pool for the Competition.

     

  16. The Prize or any element of the Prize is not transferable, exchangeable or redeemable for cash.

     

  17. A draw for the Prizes will be conducted by CIE Legal on 11 November 2020 at 11.00am (AEST) and take place at either the Promoter’s address, CIE Legal or another location determined by the Promoter at its discretion. The first 19 valid entries will win the Prize (“Prize Winner”). The Promoter will draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn, the Prize Winner is unable to accept the Prize or does not complete the process described in paragraph 197 (“Back up Winner”). The Promoter’s decision is final and no correspondence will be entered into.

     

  18. The Prize Winners will be contacted via email within 2 business days of the draw date confirming that they have won the Prize and the details of the process set out in paragraph 19. In the event that the Prize Winner cannot be contacted or does not complete the process set out in paragraph 19 within 14 days, the Prize will be forfeited. The Promoter will award the Prize to the next valid Back up Winner. If the Back up Winner cannot be contacted, does not accept the Prize or does not complete the process set out in paragraph 19 within 14 days of being contacted, the Promoter will contact the next drawn winner in accordance with this clause until the Prize is awarded.

     

  19. To purchase an LE Vehicle, Prize Winners (or, if applicable, Back up Winners or a third party approved by the Dealer in accordance with paragraph 14) must within 14 days of notification by the Promoter:

    1. sign a Dealer Vehicle Sale Contract to purchase an LE Vehicle; and
    2. pay the Dealer a $5,000 deposit towards the purchase of the LE Vehicle (with the balance due and payable in accordance with the terms of the Dealer Vehicle Sale Contract).

     

  20. To the extent permitted by law, the Promoter reserves the right not to award the Prize if a suitable winner cannot be identified or contacted.

     

  21. 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.

     

  22. 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.

     

  23. 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.

     

  24. 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. In addition, entrants acknowledge that the COVID-19 pandemic may affect the running of the Competition, and the Promoter may terminate, modify or suspend the Competition if it cannot run the Competition or award the Prizes as intended, including changing the mode of entry into the Competition.

     

  25. To the full extent permitted by law, 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 act or omission of a Dealer.

     

  26. 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.

     

  27. The Prize Winner accepts the Prize at their own risk. Any tax liability arising as a result of accepting the Prize is the responsibility of the Prize Winner. Independent financial or legal advice should be sought.

     

  28. 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”).

     

  29. The Promoter, its associated companies and agencies, the Dealers 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 any Eligible Entrant 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.  To the extent that such liability cannot be excluded by law, it is limited to the minimum allowable by law.

     

  30. The Promoter may request Prize Winners to participate in promotional activity (such as publicity and photography) in relation the Competition or the LE Vehicle. If Prize Winners agree to this, they will do so 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.

     

  31. Eligible Entrants:

    1. acknowledge that the Prize draw may be filmed by the Promoter and footage of the draw may be published by the Promoter online or in social media for promotional purposes; and
    2. consent to their name being read out in this draw, and being included in the published footage.

     

  32. Entrants’ personal information is collected from entrants by or on behalf of the Promoter (including by Dealers) to enable the Promoter, the Dealers and their agents to manage, administer and promote the Competition and, where applicable, publicise the Prize Winners.  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. By participating in the Competition, Eligible Entrants consent to these uses and disclosures of their personal information.

     

  33. 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 Policy and the relevant Dealers’ privacy policies. 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 www.honda.com.au/privacy.

     

  34. If Eligible Entrants consent to receiving marketing communications from the Promoter or a Dealer when entering into the Competition, or have previously given this consent, the Promoter, any related companies that use the Honda Australia brand and the relevant Dealer (“we”/”us”) may 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, 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 our service providers already hold about entrants.  We may also use online targeted marketing, data and audience matching and market segmentation to improve advertising relevance. Eligible Entrants may opt out of, or unsubscribe from, receiving marketing communications at any time, under applicable legislation.

 

 

 

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