This competition ("Competition") is conducted by Honda Australia Pty Ltd ACN 004 759 611, 95 Sharps Road, Tullamarine VIC 3043, Tel: 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:
a. be aged 18 years or over;
b. hold a current and valid Australian Driver’s licence;
c. purchase a new or ex-demo Honda vehicle from an authorised Honda Dealer between 1 November 2020 and 31 March 2021;
d. during the Entry Period (as defined below), follow the link supplied in an eDM from Honda Australia and submit the entry form; and
e. comply with these terms and conditions.
(“Eligible Entry”)
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 15 November 2020 at 09:00 (AEDT) and closes on 16 April 2021 at 20:00 (AEST), unless extended by the Promoter in its sole discretion (“Entry Period”).
6. 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.
7. 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.
8. 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.
9. 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.
10. Each Eligible Entrant may submit one Eligible Entry.
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 does not comply with these terms and conditions.
12. The prize for the promotion is 5 x $500 Caltex fuel cards (1 x $500 fuel card per monthly draw) (“Prize”).
13. The total prize pool for the Competition is valued at AUD $2,500.00.
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.
15. The Prize will be awarded each month as follows:
a. Entries received between 15 November 2020 and 30 November 2020 will have the winner drawn on 3 December 2020;
b. Entries received between 1 December 2020 and 31 December 2020 will have the winner drawn on 7 January 2021;
c. Entries received between 1 January 2021 and 31 January 2021 will have the winner drawn on 4 February 2021;
d. Entries received between 1 February 2021 and 28 February 2021 will have the winner drawn on 4 March 2021; and
e. Entries received between 1 March 2021 and 16 April 2021 will have the winner drawn on 22 April 2021.
16. The draws will be conducted by the Promoter on the applicable draw date at 11:00am and take place at the Promoter’s address. The first valid entry drawn will win the monthly Prize (“Prize Winner”). The Promoter may draw additional reserve entries and record them in order in case of an invalid entry or ineligible entrant is drawn, or the Prize Winner is unable to accept the Prize (“Back up Winner”). The Promoter’s decision is final and no correspondence will be entered into.
17. The Prize Winner will be contacted via email within 2 business days of the dates in paragraph 15, detailing how the Prize is to be collected. In the event that the Prize Winner cannot be contacted or does not accept the Prize 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 or does not accept the Prize, the Promoter will contact the next drawn winner in accordance with this clause until the Prize is awarded.
18. 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.
19. 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.
20. The Prize must be used in accordance with any terms and conditions of use. The Promoter will not be responsible for the Prize Winner’s failure to comply with those terms and conditions or for any terms and conditions imposed by Caltex or a third-party which prevents the Prize Winner from using the Prize.
21. The Prize Winner agrees to sign any documentation, including any 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 has breached any of these terms and conditions.
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.
25. Without limiting clause 24 above, all Eligible Entrants accept that the COVID-19 pandemic (including any applicable government restrictions) or other factors beyond the Promoter’s reasonable control may affect this Competition running as planned, or the ability of certain Eligible Entrants to participate in it. The Promoter may, in its absolute discretion:
a. modify this Competition (or any element of it);
b. change the dates associated with this Competition; or
c. cancel this Competition and provide each Prize Winner with a gift of equivalent or similar value.
26. 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.
27. 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.
28. 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.
29. 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 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.
30. 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”).
31. 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 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.
32. The Prize Winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding 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.
33. The Promoter may republish, distribute or use any Eligible Entry 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.
34. Entrants’ 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.
35. 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 www.honda.com.au/privacy.
36. Entry into the Competition also entitles the Promoter and any related companies that use the Honda Australia brand (“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, 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. 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.