Newtracs-ARB Promotional Giveaway - Offer Terms & Conditions
1. 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.
2. The promoter is Newtracs Pty Ltd (ABN 76 623 168 310) of 45 Vine Street, Moonee Ponds, Vic, 3039 (“Promoter”).
3. Entry is only open to residents of Australia aged 18 and over who have downloaded the Newtracs iOS App (or when available, the Newtracs Android App), who have registered an account with Newtracs, and who have entered an accurate vehicle profile.
4. Employees (and their immediate families) of the Promoter and Prize Provider 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, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. The promotion commences at 9:00am AEST on Wednesday 9 October 2019 and closes at 11:59pm AEST on 31 March 2020 (“Promotional Period”).
6. To enter, individuals must:
(a) download the Newtracs iOS App (or, if available during the Promotional Period, the Newtracs Android App in development as of the date of commencement of the Promotional Period) (the "App");
(b) register for an account with Newtracs;
(c) create an accurate vehicle profile in the App; and
(d) log kilometres of Eligible 4WD Tracks during the Promotional Period by using the in-App “Log Trip” button.
7. “Eligible 4WD Tracks” are tracks that are deemed to be “4WD tracks” within the App from time to time. Entrants acknowledge that Eligible 4WD Tracks may change over the course of the Promotional Period but that all entrants will be treated equally in respect of logged kilometres. If during any calendar month of the Promotional Period the status of a track changes in the App so that it becomes an Eligible 4WD Track all kilometres logged on that track during that calendar month will count towards the entrants’ monthly kilometre totals, regardless of whether the track was an Eligible 4WD Track at the time the kilometres were logged. Kilometres logged on that track in previous calendar months will remain unaffected.
8. In the event that multiple devices are logged into the same user account and log the same track multiple times for the same journey (to be determined by the Promoter in its discretion) only one log will count towards the Eligible 4WD Tracks total for the purposes of this promotion.
9. Kilometres must be logged via the App to be eligible. For the avoidance of doubt, kilometres logged via other means will not be eligible.
10. Incomplete or indecipherable entries will be deemed invalid.
11. Only one (1) entry permitted per person per month during the Promotional Period. For the avoidance of doubt, the total number of Eligible 4WD Tracks logged by an account holder in each calendar month constitutes that account holder’s entry for the relevant calendar month.
12. 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 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.
13. 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.
14. This is a game of skill and chance plays no part in determining the winners.
15. The monthly Winner will be notified by email within 10 business days of the conclusion of the relevant calendar month.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. The account holder who has logged the highest number of Eligible 4WD Tracks in each calendar month of the Promotional Period (other than the first month, which will be deemed to commence at the commencement of the Promotional Period and conclude at the end of that calendar month) will be determined to be the winner for that calendar month (each a "Winner").
18. Each Winner will win either (to be determined by the Promoter in its discretion):
(a) an ARB Single Portable Compressor (including delivery) valued at $405; or
(b) an ARB Skydome Single Swag (including delivery) valued at $469,
(each a "Prize")
19. Each account holder will only be entitled to win one Prize during the Promotional Period. If an account holder who has previously won a Prize logs the highest number of kilometres of Eligible 4WD Tracks in any subsequent month the Prize will be awarded to the account holder who has logged the next highest number of kilometres of Eligible 4WD Tracks.
20. If for any reason a winner does not take a Prize by the time stipulated by the Promoter, then the prize will be forfeited.
21. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
22. Total Prize pool is 3 ARB Single Portable Compressors and 3 ARB Skydome Single Swags with a total Prize pool value of $2,622.
23. The prizes are not transferable or exchangeable and cannot be taken as cash.
24. Prizes are provided by ARB Corporation Limited (the "Prize Provider" ) and Winners should look to the Prize Provider in respect of any matters relating to the merchantability or fitness for purpose of a Prize. Each Winner expressly consents to the Winner’s personal information being provided to the Prize Provider for the purposes of redemption of the Prize.
25. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
26. 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 and the Prize Provider.
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 entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
28. Any cost associated with accessing the App is the entrant’s responsibility and is dependent on the Internet service provider or mobile telephone network used.
29. 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.
30. Except for any liability that cannot by law be excluded, includingthe Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any death or 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 winner or entrant; or (e) taking/use of a Prize.