Conditions of Entry - ECB Puts YOU in the Drivers Seat at Mount Panorama
EAST COAST BULLBARS “ECB DRIVE!”
CONDITIONS OF ENTRY
1. This “Promotion” commences at 8.00am AEST on 01/09/2020 (“Start Date”) and all “Entries” must be received by 11.59pm AEDT on 15/11/2020 (“Promotional Period”). Any Entry received outside the Promotional Period is invalid.
2. The “Promoter” of this Promotion is E C B Pty Ltd ABN 25 010 676 034, of 29 Snook Street, Clontarf Queensland 4019. Telephone (07) 3897 5700.
3. A copy of these full “Conditions of Entry” is available at the following “Promotional Website/s”:
a. www.ecb.com.au/win;
b. www.ecb.com.au/submit;
c. www.ecb.com.au/drivers-seat; and
d. www.ecb.com.au/conditions-of-entry/.
4. This Promotion relates to the purchase of any of the Promoter’s “Big Tube Bar” or “Nudge Bar” products (the “Eligible Products”) as listed on the Promotional Websites between the Start Date and 5.00pm AEDT on 15/11/2020 (“Purchase Period”).
ELIGIBILITY
5. This Promotion is only open to entrants who:
a. are operating within Australia;
b. are aged 18 years or older; and
c. have not been discovered to have breached these Conditions of Entry (“Eligible Entrants”).
6. Employees (and their immediate families) of the Promoter, participating distributors, resellers, 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.
7. Entry into this Promotion is deemed to be acceptance of these Conditions of Entry. The Promoter’s decision not to enforce a specific clause does not constitute a waiver of that clause or of these Conditions of Entry generally.
8. Each entrant acknowledges that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of an entrant’s ineligibility to enter after the Promoter has awarded the prize to the ineligible entrant. Return of the prize or payment of its equivalent value to the Promoter can be required by the Promoter if this occurs.
HOW TO ENTER
9. To enter this Promotion, an Eligible Entrant must:
a. during the Purchase Period, purchase an Eligible Product from the Promoter and be issued with the relevant “Promotional Link”; or
b. once they have obtained the Promotional Link, the Eligible Entrant must:
i. visit the Promotional Link they have obtained,
ii. follow the prompts to the entry page;
iii. input the details required for the online entry form;
iv. submit the fully completed online entry form; and
v. complete the above steps by no later than 11.59pm AEDT on 15/11/2020. To avoid doubt, any purchase of an Eligible Product registered later than 11.59pm AEDT on 15/11/2020 will be considered invalid for this Promotion.
10. Each Eligible Product purchased by an Eligible Entrant which occurs during the Purchase Period and which is validly recorded on the Promotional Websites during the Promotional Period, will generate 3 Entries into the “Prize Draw”, subject to these Conditions of Entry.
11. Multiple Entries are permitted, subject to each Eligible Product being recorded in a separate transaction and in accordance with the requirements set out in clause 9.
12. It is the responsibility of the Eligible Entrant to complete their Entry during the Promotional Period by recording each Eligible Product purchased during the Purchase Period, in order to accrue the relevant Entries.
13. Each Eligible Entrant may only complete 1 Entry through the Promotional Link which will be widely shared during the Promotional Period at predetermined public locations and events, which will generate 1 Entry into the Prize Draw, subject to these Conditions of Entry.
14. All Entries must be submitted by a person in that person’s own name. Any automated entries, fraudulent entries, or entries by persons using an alias, will be deemed invalid.
VALIDATION
15. The Promoter reserves the right, at any time, to verify the validity of entries and the eligibility of entrants (including an entrant’s identity, age, place of residence, place of purchase and email address) and to disqualify any person who is not an Eligible Entrant, or any entry by an Eligible Entrant which does not comply with these Conditions of Entry.
16. The Promoter may disqualify any person who is ineligible to enter this Promotion, or any non-compliant entry (including an entry where an Eligible Entrant cannot provide proof of purchase of an Eligible Product), even if the Promoter only learns of that person’s ineligibility or the entry’s invalidity after the Promoter has awarded the Prize to that person. In that case, the Promoter may require the person to return the Prize or make a payment of the Prize value to the Promoter.
17. Incomplete entries will be deemed invalid.
18. Eligible Entrants must retain the original tax invoice, or a photocopy of the tax invoice, for each Eligible Product associated with an Entry during the Promotional Period in connection with this Promotion, for a period of 4 months after the end of the Promotional Period. Further, the Promoter may require Eligible Entrants to provide the relevant tax invoice (or copy) for verification purposes as a condition of the Eligible Entrant claiming the Prize. Each tax invoice relating to the purchase of an Eligible Product must clearly indicate that the Eligible Product was purchased on a date falling within the Purchase Period but prior to the relevant entry into this Promotion. Failure by an Eligible Entrant to provide proof of purchase of an Eligible Product when requested by the Promoter may, in the absolute discretion of the Promoter, result in invalidation of the relevant Entries.
PRIZE DRAW AND NOTIFICATION OF PRIZE WINNER
Prize Draw
19. The Prize Draw will occur at the Promoter’s office at ECB, 29 Snook Street, Clontarf Queensland 4019 between 9.00am and 12 noon AEDT on 16/11/2020 2020.
20. The first Eligible Entry drawn during the Prize Draw will be declared the winner of this Promotion (“Prize Winner”).
21. The Prize Winner will be notified by a telephone call or email by 5pm AEDT 16/11/2020.
22. The Prize Winner will appear on the Promotional Website by 30/11/2020.
23. The Prize Winner will be required to claim the prize by 5.00pm AEDT on 19/11/2020. Failure to do so, subject to any directions from the applicable regulatory authority, shall see the following occur:
a. the original Prize Winner will forfeit the Prize;
b. an “Unclaimed Prize Draw” will occur at 12 noon AEDT on 20/11/2020; and
c. any winner of the Unclaimed Prize draw will be notified by phone and/or email by 20/11/2020, and their name will appear on the Promotional Website on 30/11/2020.
Prize Details
24. The “Prize” comprises of the following for 2 people, the prize winner and their nominated guest.
a. “Driving the ECB V8 Race Experience Mustang” at Mount Panorama Racing Circuit, Bathurst, New South Wales 2795 with dates to be confirmed by the Promoter to the Winner, with all details subject to Covid-19 travel, health, and safety regulations;
b. Return Economy Airfares from the Prize Winner’s closest capital city airport; to Sydney Airport with dates to be confirmed.
c. Twin share accommodation for 1 night, 3-star or better, within a short travel distance to the Mount Panorama Racing Circuit); and
d. return transfers to Sydney Airport and the Mount Panorama Racing Circuit.
25. The Prize is subject to the following conditions:
a. the Prize Winner must, where relevant, provide the Promoter with certified copies of all documentation as required by the Promoter before the Prize is awarded. As a condition of accepting the Prize, the Prize Winner and their nominated guest must sign any legal documentation in the form required by the Promoter and/or Prize suppliers, as well as comply with any legal requirements of the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity; and
b. the Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, in relation to this Promotion.
26. The total value of the Prize is up to AUD$2,900 including GST subject to the Prize Winner’s point of departure, which must be the same as their nominated guest.
27. If the Prize (or part thereof) is unavailable (for example, due to Covid-19 travel, health and safety regulations), the Promoter, in its discretion, reserves the right to substitute with an alternative prize to the equal value, subject to any written directions from the applicable regulatory authority.
28. Unless otherwise expressly stated in these Conditions of Entry, any Prize, or any unused portion thereof, is not transferable or exchangeable and cannot be taken as cash.
MISCELLANEOUS PROVISIONS
29. If for any reason this Promotion is not capable of being run as planned, including, without limitation, if the Promoter’s IT systems (or those of its contractors or agents) are infected by a computer virus, or there is any bug, tampering, unauthorised intervention, fraud, technical failure or any other problem beyond the reasonable control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend this Promotion (subject to obtaining regulatory approval, if required).
30. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the Entry process, or who otherwise benefits from another person tampering with the Entry process.
31. The Prize Winner and their nominated guest consents to the Promoter using their name, likeness, image, and/or voice (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.
32. Nothing in these Conditions of Entry excludes, restricts, or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted or modified by agreement. All other terms, warranties, guarantees, rights or liability which would otherwise be implied or apply to these Conditions of Entry are excluded. To the extent permitted by law, in respect of goods or services that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the Promoter’s liability is limited, at its option, to:
a. in the case of goods, replacing or repairing the goods or supplying equivalent goods, or paying for the cost of replacing or repairing the goods or of acquiring equivalent goods; and
b. in the case of services, resupplying, or paying the cost of resupplying, the services.
33. Except for any liability that cannot by law be excluded, the Prize Winner and their nominated guest agrees that they take the Prize at their own risk and the Promoter (including its respective officers, employees and agents) is not responsible, and excludes all liability whether in contract, tort (including negligence) or otherwise, 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 or in connection with the Promotion (including, without limitation, the taking or using of the Prize).
34. The Promoter collects personal information of the entrants to this Promotion, including the Prize Winner, in order to conduct this Promotion (including names, business addresses, mobile numbers and email addresses). If the personal information is not provided, the person will not be able to enter this Promotion or take the Prize. All personal information will be handled by the Promoter in accordance with the “Promoter’s Privacy Policy” which can be found at www.ecb.com.au/privacy/. By entering this Promotion and (if applicable) accepting the Prize, each Eligible Entrant is consenting to the Promoter’s handling of their personal information in accordance with the Promoter’s Privacy Policy. This use includes the use of Eligible Entrant’s personal information for direct marketing purposes. Individuals may choose to opt-out of the use of their personal information for direct marketing purposes by contacting the Promoter’s privacy officer either by:
a. post to ECB, 29 Snook Street, Clontarf QLD 4019;
b. email to [email protected]; or
c. telephone on (07) 3897 5700.
35. Any part of these Conditions of Entry that is unenforceable, ambiguous or illegal will be severed, and such severance will not affect the enforceability of the remaining provisions of these Conditions of Entry.
36. The Promoter’s decisions in relation to this Promotion are final and no correspondence or communication will be entered into in relation any aspect of this Promotion.
37. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of these Conditions of Entry generally.
38. PARTICIPATING PRODUCTS
For a list of participating products please visit the Promotional Websites or call (07) 3897 5700.