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WhichCar Terms and Conditions

WHICHCAR TERMS OF USE

In these terms, "we", "us" and "our" means Are Media Pty Limited t/as Wheels Media (ABN 18 053 273 546) of Level 3, 54 Park Street, Sydney, New South Wales, Australia. Please read these terms carefully as they apply to your use of this website and its content, and to any associated services, products and software provided by us (collectively, “Website”). By accessing or using the Website you agree to be bound by these terms. We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted.

SECTION 1 – LICENCE TO USE CONTENT

The Website, the content posted on the Website by us and our users and the underlying software and technologies used to operate the Website are subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).

We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

We (or our licensors) retain all right, title and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.

Except as provided in these terms, permission to reproduce the Website or any of its content, in whole or in part, whether by automated or manual means (including any so-called robot, spider, scraper or similar technology) is prohibited, unless prior written consent is obtained from us.

We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

SECTION 2 – SOCIAL SIGN IN AND MEMBERSHIP

To access certain features on the Website, you may need to do any or all of the following:

(a) register as a member;

(b) sign in via your social media account; or

(c) verify that you are over 18 years old.

Your use of social sign in is subject to the terms and conditions of your account with the third-party social media service provider in addition to these terms.

To register as a member, you must provide us with accurate and up to date registration information. You may wish to nominate a member username that is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances, we may require you to provide your real name or other identifying information.

In addition to registration, you may be required to verify that you are over 18 years old to access certain content on the Website. We may implement restricted access and age verification mechanisms as we deem appropriate.

SECTION 3 – DISCLAIMER

Except where expressly specified, the content on the Website is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.

Without limiting any other provision of these terms, we are not responsible for, and do not endorse, the content or accuracy of any advertising or promotional material published on the Website

SECTION 4 – CONTENT YOU SUBMIT

Where requested, we encourage you to contribute to the Website by submitting comments, participating in the Website discussion forums and quizzes and, where appropriate, uploading information and photos (collectively, “Submissions”).

You retain copyright and any other rights you hold in any Submissions. By submitting, posting or displaying the Submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Submissions in any form. You warrant to us that you have all the rights, power and authority necessary to grant such licence and that our use of your Submissions in accordance with these terms will not infringe the rights (including Intellectual Property Rights) of any person or breach any law.

You must not submit, post, display or otherwise contribute to the Website any of the following:

(a) any comment, review, message, data, information, text, music, sound, photo, graphic, code or other material (collectively, "Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or that discriminates against or vilifies any group or individual, advocates harassment of another person or would be rated R, RC or X by the Australian Classification Board;

(b) Content that may infringe any trade secret or Intellectual Property Rights of any person;

(c) Content that impersonates any person or otherwise misrepresents your affiliation with a person, including us;

(d) unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);

(e) Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or

(f) private information of any third-party, including surname (family name), address, phone number, email address and credit card details.

By using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and, in this respect, you use the Website at your own risk. We may pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from the Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions.

You must abide by any community guidelines which may be posted on the Website by us.

Each user of the Website is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of the Submissions.

SECTION 5 – LINKING TO THE WEBSITE

We encourage you to provide links to the Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.

You must not frame the Website or represent or imply that any part of the Website belongs to anyone other than us.

If we notify you that we object to the way you provide links to the Website, you must immediately cease providing such links.

SECTION 6 – GENERAL RESTRICTIONS

In using the Website, you must not:

(a) violate any laws;

(b) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any device or software;

(c) disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);

(d) collect or store personal data about other users of the Website;

(e) use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the Website.

SECTION 7 – E-COMMERCE

We may offer products or services for sale through the Website. Prices for such products or services are subject to change without notice.

Certain products or services may be available exclusively through the Website. Certain products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of products that appear on the Website. We cannot guarantee that your device’s display of any color will be accurate.

We may limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or services, including pricing, are subject to change at any time without notice, at our sole discretion. We may discontinue any product or service at any time. Any offer for any product or service made on the Website is void where that offer is prohibited.

We may refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You must provide current, complete and accurate purchase and account information for all purchases made through the Website. You must promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

SECTION 8 – WARRANTIES AND INDEMNITY


You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR ACCESS TO AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE WEBSITE AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE WEBSITE TO MEET YOUR REQUIREMENTS); OR

(B) YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.


WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THESE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:

(a) in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or

(b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE IS LIMITED TO $100. OUR LIABILITY TO YOU WILL ALSO BE DIMINISHED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD-PARTY) CONTRIBUTE TO OR CAUSE THE LOSS OR LIABILITY.


SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN.

The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third-party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third-party.

We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your device.

SECTION 9 – CHANGES TO THE WEBSITE

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

SECTION 10 – LINKS AND ADVERTISEMENTS

Where you enter information into a form on the Website for the purposes of receiving services or information from a third-party, we may receive a copy of that information from the relevant third-party. We may also receive a benefit from that third-party in relation to their collection of your information. We are not responsible for, and do not endorse, the content or accuracy of services or information you may receive from the relevant third-party, and we have no responsibility to you in relation to any agreement you may enter into with them.

We may participate in affiliate advertising programs – including the Amazon Services LLC Associates Program – that provide an opportunity for us to earn a commission when you click on links on the Website to third-party products and services.

The Website may contain links to websites operated by third-parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website. You should contact the relevant third-party if you have any questions.

In some instances, advertisements on the Website will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.

Where the Website includes third-party products or services available for purchase, the prices and descriptions are the responsibility of the retailer.

SECTION 11 – PRIVACY POLICY

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy, which can be viewed at https://www.aremedia.com.au/privacy/ and which forms a part of these terms.

SECTION 12 – GENERAL

If any part of these terms is:

(a) held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or

(b) inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,

and the remainder will remain in full force and effect. These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.

Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

The word “including” when used in these terms is not a term of limitation.

CUSTOM 4X4 OF THE YEAR 2022 – MAXXIS TYRES & 4X4 AUSTRALIA

(“Promotion”)

Terms and Conditions

1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions.

Entry

2. The Promotion commences on 6 October 2022 and ends at 23:59 AEDST on 17 November 2022 (“Promotional Period”).

3. You must be aged 18 years or over to enter. Entry is open to Australian residents. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.

4. To enter online: You can enter by going to www.whichcar.com.au/4x4australia and following the prompts to the competition entry page. At the competition entry page, you submit an online entry by completing the entry form (including your full name, mailing address, email address and daytime telephone number) and submitting the entry as instructed during the Promotional Period.

OR

5. To enter by Facebook or Instagram: You can enter by visiting Facebook or Instagram, locating the promotional post and completing the entry form (including your full name, mailing address, email address and daytime telephone number), voting for your favourite vehicle from the list provided and submitting the entry as instructed during the Promotional Period.

6. Only one entry per person will be permitted.

7. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; or (f) unlawful. Any such entry will be ineligible and will be discarded. Any entry that the Promoter deems otherwise inappropriate will be ineligible and will be discarded.

8. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

9. The Promoter is not responsible or liable for late, lost or misdirected mail enclosing an entry, or an entry not being received by the Promoter for any reason whatsoever.

10. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.

Draw and award of prize

11. The draw will take place at Wheels Media, Unit 9, 3-5 Gilda Court, Mulgrave VIC 3170 on 23 November 2022 at 11:00 AEDST.

12. On the draw date, the Promoter will conduct a random draw to determine the winner(s) from valid entries. The Promoter will also draw reserve winners in the event an original drawn winner is invalid or ineligible. If this process does not result in all prizes being awarded, the remaining prize(s) will be awarded in the unclaimed prize draw as set out below.

13. The first valid entry drawn from all valid entries received will win the following prize(s):

1 x Maxxis Tyres Voucher valued at up to AUD2000 (including GST; Maximum of 5 tyres)1 x Clearview Accessories Voucher valued at up to AUD500 (including GST)1 x Maxtrax Voucher valued at up to AUD500 (including GST)

The TOTAL PRIZE POOL IS VALUED AT UP TO AUD3000 (including GST).

14. The winner will be notified by telephone and in writing within 7 business days of the draw using the contact details provided in their entry. The winner’s name will be published on www.whichcar.com.au/4x4australia on 2 December 2022.

15. The winner must take the prize as offered. The prize, or any unused portion of the prize, is not exchangeable and cannot be redeemed as cash. Each prize is a single use voucher only. The prize cannot be used in conjunction with any other special offer.

16. If, for any reason, the winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

17. If a prize, or part of a prize, is unavailable, the Promoter may substitute an alternative prize to substantially the same recommended retail value and/or specification, subject to any written direction from the various regulatory authorities.

18. If necessary, an unclaimed prize draw will be held on 1 March 2023  at the same time and place as the original draw in order to distribute any unclaimed prize(s), subject to any directions from a regulatory authority. A winner from this draw, if any, will be notified in writing using the contact details provided in their entry within 7 business days of the unclaimed prize draw and their name will be published on www.whichcar.com.au/4x4australia for 28 days from 8 March 2023.

Prizes

19. The prize does not include any ancillary costs associated with redeeming the voucher/s, which are the responsibility of the winner.

20. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.

21. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

22. Any unused balance of a voucher will not be awarded as cash.

General

23. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.

24. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may, subject to relevant state and territory rules and regulations, cancel, terminate, modify or suspend the Promotion.

25. 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 or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Promotion; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Promotion; (ii) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (iii) any theft, unauthorised access or third party interference; (iv) 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; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.

26. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.

27. The Promoter collects personal information (“PI”) to conduct the Promotion and may disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry in the Promotion is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which is available at http://www.aremedia.com.au/privacy. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may also, for an indefinite period, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. You should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of you PI as set out in the Promoter’s privacy policy. All entries become the property of the Promoter.

28. The Promoter is Are Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000).

2022 Annual 4X4 Reader Survey Promotion

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on 18 October 2022 and ends on 2 November 2022 ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age. 
  6. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
  7. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  8. All reasonable attempts will be made to contact each winner.
  9. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
  11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  12. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  13. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.aremedia.com.au/privacy/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia. 
  14. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
  15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf.
  16. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and in warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  18. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  19. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by t Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  20. All material submitted on entry (e.g. sound/video recording(s) and an answer(s) to survey question(s), photo(s), image(s), drawing(s), comment(s), swer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub an exclusive, royalty free, perpetual, worldwide, irrevocable, and sub-licensees licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of 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. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in br each of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comp with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  21. The Promoter reserves the right to disqualify entries in the event of non compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  22. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability i s limited to the minimum allowable by law).
  23. The entrant will participate in and cooperate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  24. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice i n regards to the tax implications relating to the prize or acceptance of the prize.
  25. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  26. Authorised under: NSW Permit No. TP/00018

SUMMERNATS 35 VIP PROMOTION - 2022

Terms and Conditions

1. Information on how to enter and the prize forms part of the Terms and Conditions. Entry into the promotion is deemed acceptance of these Terms and Conditions.

2. Entry is open to all residents of Australia and New Zealand aged 18 years or over who are available to travel to Canberra, ACT, Australia from 05/01/2023 to 08/01/2023 in the event they are drawn as the winner.

3. Employees of the Promoter and their immediate families and associated agencies with this promotion are not eligible 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 on 21/10/2022 and concludes on 02/12/2022 at 23.59 (AEST) (“Promotional Period”). The draw will take place at Wheels Media, Unit 9, 3-5 Gilda Court, Mulgrave VIC 3170 on 07/12/2022 at 11:00 (AEDST). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by telephone and via email on 09/12/2022. The winner’s name will be published on www.whichcar.com.au on 19/12/2022 for 28 days from this date.

5. To enter, individuals must, during the Promotional Period, visit www.whichcar.com.au/summernatswin, follow the prompts to the promotion entry page and complete the entry form (including their full name, telephone number, state of residence and valid email address) and submit the entry as instructed.

6. One (1) entry permitted per person. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

7. 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.

8. 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.

9. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.

10. Incomplete or indecipherable entries will be deemed invalid.

11. The first valid entry drawn from all valid entries received will be deemed the major prize winner and will receive a trip for two (2) adults to Canberra, ACT, Australia for the Summernats Festival, held during the period 05/01/2023 to 08/01/2023 (inclusive) valued at up to AU$7831, depending on point of departure. The prize includes:

  • Return economy-class airfares for two (2) adults from the winner’s nearest capital city or major town (if the winner resides in Australia) or from the nearest of Auckland, Wellington or Christchurch (if the winner resides in New Zealand) to Canberra, ACT valued at up to AU$4000.00 (including taxes, depending on point of departure);
  • Return transfers for two (2) adults from Canberra Airport to hotel accommodation in Canberra only valued at up to AU$154.00;
  • Four (4) x nights’ accommodation in a standard twin-share room in a minimum of three (3) star hotel for two (2) adults valued at up to AU$1200.00;
  • Two (2) Summernats platinum passes valued at AU$389.00 each;
  • Two (2) tickets to Street Machine Industry party valued at AU$250.00 each;
  • 12 month subscription to Street Machine valued at $99
  • Street Machine merchandise voucher (redeemed online) valued at $100 and
  • AU$1000.00 spending money for the winner only – awarded in the form of a Visa Gift Card.

12. In the event the winner lives within 250km of Canberra, the flight and hotel transfers component of the prize will not be included and will not be redeemable for cash.

13. Prize must be taken to coincide with the Summernats Festival event (with flights departing on 05/01/2023 and returning on 09/01/2023 and is subject to booking and flight availability). The prize cannot be changed once the flight booking has been made. In the event that the winner is unable to redeem the prize on the dates stipulated by the Promoter, and the winner is unable to transfer the prize to a nominated person, then the prize will be forfeited by the winner and neither cash nor another prize will be awarded in lieu of the forfeited prize. In the event that the entire prize is forfeited by the winner, the Promoter will award the prize to the next valid entry drawn.

14. The Promoter’s decision is final and no correspondence will be entered into.

15. The winner (and their companion) must travel at the same time, must depart from, and return to, the same Australian capital city or New Zealand city and are responsible for transport from their residence to the airport for flight departure. Frequent flyer points will not form part of the prize.

16. The winner (and their companion) are responsible for all other expenses including (but not limited to) additional spending money, meals, in-room charges, drinks, additional transfers including to and from the event venue, laundry charges, additional activities, incidentals, energy surcharges, gratuities, services charges, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

17. Any extension to the duration of the prize is at the winner’s sole expense and subject to availability at the time of booking.

18. It is a condition of accepting the prize that the winner (and their companion) must comply with all the conditions of use of the prize and prize supplier’s requirements

19. It is a condition of accepting the prize that the winner may be requested to present their credit card upon arrival at any hotel to cover all incidentals they may incur including their stay at that hotel.

20. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable and cannot be redeemed as cash. Redemption of the Visa Gift Card and tickets are subject to the terms and conditions stipulated on the Gift Card and tickets. The Promoter will not be liable for any Gift Card / ticket that has been lost, stolen, forged, damaged or tampered with in any way. Any unused balance of the Gift Card will not be awarded as cash. Redemption of prize at a venue is subject to the standard rules and regulations of that venue/s.

21. As a condition of accepting the prize, the winner (and their companion) 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 form.

22. Prize is subject to the standard terms and conditions of individual prize and service providers.

23. The Summernats Festival and Street Machine Industry party tickets are subject to the event venue and ticket terms and conditions, including any applicable age restriction to certain areas of the event. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

24. The winner and their guest must not engage in any illegal or unsafe behaviour whilst participating in the prize. To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the winner or their guest during participation in the prize.

25. 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.

26. Should an entrant's contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

27. Subject to the unclaimed prize draw clause, if for any reason whatsoever the winner does not take / redeem the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited by the winner and cash will not be awarded in lieu of the prize.

28. Subject to any written direction given under regulation, a draw for the prize, if unclaimed, will take place at the same location of the original draw at 11:00am (AEDST) on 14/12/2022. In the case of a winner, they will be notified in writing within two (2) business days of the draw and their name will be published on www.whichcar.com.au on 11/01/2023 for 28 days from the draw.

29. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.

30. In the event of unforeseen circumstances, war, terrorism, state of emergency, pandemic or any other kind of disaster (including but not limited to natural disaster) the Promoter reserves the right to, subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion or suspend, substitute, or modify a prize.

31. The method of validation of the winner (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.

32. 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 State and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.

33. 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) if the Summernats Festival event or Street Machine Industry party is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by the winner or entrant; or (g) attendance at the prize event.

34. 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, 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, as appropriate.

Privacy:

35. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http://www.aremedia.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI 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 PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter. The Promoter may disclose PI of Australian entrants to entities overseas, see Privacy Policy for details.

36. The Promoter is Wheels Media Pty Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: (02) 9282 8000. 

37. Authorised under permit numbers: ACT TP 22/01952 and SA: T22/1595.