1. Information on how to enter this promotion and the Prize that forms part of this promotion also form part of these Terms and Conditions. By submitting an entry into this promotion, the entrant warrants that they have read, understood and accepted these Terms and Conditions. These Terms and Conditions can be downloaded from www.v8promo.com.au
2. The Promoter is Pedder’s Shock Absorber Service Pty Ltd (ABN 90 004 848 435) of 6 Bridge Road, Keysborough VIC 3173. Telephone (03) 9706 3500 ("Promoter").
3. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, participating Pedder’s stores, V8 Supercars Australia 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 first cousin.
4. The promotion commences at 9:00am AEST on 01/06/2013 and will close at 5:00pm AEDST on 13/12/2013 ("Promotional Period"). An entry is deemed to have been received at the time of its receipt by the Promoter and not at the time of transmission by the entrant.
5. To be eligible to enter, individuals must visit www.v8promo.com.au ; and follow the links to the promotion entry page and successfully complete all elements of the entry form.
6. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. The Promoter also reserves the right to disqualify any entrant who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not keeping with the spirit of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 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.
7. No responsibility will be accepted by the Promoter for late, lost or misdirected entries. Incomplete or indecipherable entries will be deemed invalid.
8. A limit of one entry is permitted per person. An entrant that is discovered to have used or attempted to use more than one name in entering the promotion will be disqualified from participating in the promotion or redeeming any Prize in connection with the promotion.
9. 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. Any incorrect entrant details submitted may render the corresponding entry invalid. It is each entrant's responsibility to inform the Promoter if their personal details change during the Promotional Period. Entrants should direct any request to access, modify or correct information to the Promoter.
10. The Promoter is not responsible for any problems or technical malfunction of computer, online (or wireless) systems, servers, or providers, computer equipment, software, or technical problems resulting from participation or sending or receiving of any communication or of any materials in this promotion.
11. The draw will take place at Flow Marketing, 107/9 Claremont Street, South Yarra, VIC 3141 on 16/12/2013 at 12:00pm AEDST. The Promoter may draw additional reserve entries at the time of the draw and record them in order, in case an invalid entry or ineligible entrant is drawn.
12. The winner will be notified by telephone and email within two days of the date of the draw, and their name will be published in The Australian on 19/12/2013.
13. The Promoter's decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win a white 2013 Chrysler 300C SRT8 with automatic transmission ( “Prize”). Total Prize value is up to AU$74,964 and includes one year's registration (registered in the winner's State or Territory of residence), compulsory third party insurance, stamp duty, GST (if applicable) and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of, and will be at the cost of, the winner. The winner must collect the Prize from the authorized Chrysler dealership specified by the Promoter, in the winner's nearest capital city. There is only one Prize winner in this promotion.
15. If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the Prize to another person (who consents to such assignment) with legal capacity for the purposes of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee.
16. The winner must provide the Promoter with certified copies of all documentation as required by the Promoter before the Prize is awarded. It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
17. Subject to clause 20, if for any reason the winner does not take the Prize by 12:00pm AEST on 19/03/2014, then the Prize will be forfeited and the winner will either be the first reserve (if any) drawn in accordance with clause 11 or if no reserve entries were drawn, will be re-drawn in accordance with clause 20.
18. If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with an alternative prize to equal value and/or specification, subject to any written directions from a regulatory authority.
19. Subject to clause 15, the Prize is not transferable or exchangeable and cannot be redeemed for cash, unless otherwise specified in writing by the Promoter.
20.A draw for the Prize, if unclaimed or forfeited as provided for by clause 17, may take place (if required) on 20/03/2014 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will then be notified (whether that winner was a reserve drawn under clause 11 or drawn on 20/03/2014 as contemplated above) by telephone and email within two days of 20/03/2014 and their name will be published in The Australian on 27/03/2014.
21. 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.
22. 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, infection by computer virus, bugs, tampering, unauthorised intervention, or any other cause beyond the Promoter's reasonable control which corrupts or affect the administration security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion or these Terms and Conditions, as appropriate without providing any recourse to an entrant in this promotion.
23. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the internet service provider used.
24. 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 promotion and Consumer Act 2010 (Cth), as well as any other implied warranties that cannot be excluded at law ("NonExcludable Guarantees"). Other than any 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.
25. 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 variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of the Prize.
26. To the extent permitted by law, all entrants release from and indemnify the Promoter against all liability, cost, loss or expense arising out of acceptance of any Prizes or participation in the promotion including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
27. As a condition of accepting the Prize, the winner 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.
28. The Promoter collects personal information 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 entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries are the property of the Promoter.
29. Failure by the Promoter to enforce any one of these terms and conditions in any instance will not give rise to any claim or right of action by any other person or entrant.
30. Authorised under NSW Permit No. LTPS/13/04349 ; ACT Permit No. TP 13/01736; VIC Permit No. 13/1252 ; SA Permit No.T13/893
Your privacy is important to Pedders. To help you understand how Pedders works to protect your privacy, this notice explains its online information practices and the choices you can make about the way your personal information that you submit from the Site is collected and used.
On some pages on the Site, you can make requests for information, send e-mail messages, and register to receive our e-mail updates.
The types of personal information collected at these pages may include:
On other pages on the Site, the web server at Pedders Internet Service Provider collects "cookies". The purpose of these is to provide you with a customised service from a more effective website. A "cookies" is a text file that the Pedders web server places on your computer while you browse the Site. The Pedders web server can later retrieve these cookies if you visit again.
The Pedders web server allocates a cookie to each Internet browser that visits the Site. This cookie does not allow Pedders to collect any personally identifiable information about you. The Pedders web server uses this cookie:
If you wish to make full use of the Site, you should configure your Internet browser to accept cookies. If you do not, you will not have the benefit of some of these customised features.
When you visit the Site – even if your Internet browser is not configured to accept cookies – the Pedders web server makes a record of your visit and logs the following information for statistical purposes:
Pedders will not attempt to identify users or their browsing activities without their consent. However in the unlikely event of an investigation, a law enforcement agency might exercise its legal authority to inspect the Pedders web server's logs.
Pedders will only use personal information that you submit using the Site for the following purposes:
If you complete an online form on the Site, Pedders will only receive the information you enter, if you actually submit the form. If you do not submit the form (for example if you log out of the form before submitting the information), the information you have entered on the form up to that point will not be received by the Pedders web server. However it may be stored by the Internet browser on the computer you are using, and you should check the settings on the computer you are using – especially if third parties can access it.
Pedders will not share any personal information that it collects from the Site with third parties without your consent unless:
Pedders will not, without your consent, disclose or use the information for a secondary purpose except where that other purpose is related to the purpose for which you gave us the information, and there is a reasonable expectation that Pedders would disclose or use the information in those circumstances.
Failure to provide Pedders with requested personal information might restrict Pedders' ability to deliver any requested information to you.
Pedders will save any e-mail or other inquiry that you send to Pedders using the Site, if Pedders believes that it has a legal requirement to do so.
In some cases, an e-mail link on the Site will lead direct to a third party such as a Pedders Operator who is in fact a Pedders franchisee. In those cases Pedders may not actually receive the e-mail from you.
The Site does not provide facilities for the secure transmission of information across the Internet. Accordingly you should be aware that there are risks associated with transmitting information over the Internet, and that no one can guarantee that information passing over the Internet will not be intercepted or used by unauthorised third parties.
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information that it has collected from users of the Site, Pedders has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Contacting Pedders. Pedders uses this procedure to better safeguard your information.
You can ask Pedders to correct factual errors in your personal information by sending Pedders a request that credibly shows the error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Pedders is committed to providing individuals with a fair and responsive system for handling and resolving complaints about their privacy. If at any time you wish to lodge a complaint in respect of Pedders' handling, use or disclosure of your personal information collected from the Site, you may notify Pedders of your complaint by Contacting Pedders. Pedders will endeavour to investigate and advise you of the outcome of any complaint within a reasonable time after receiving the complaint.