Terms and Conditions - Michelin Pilot Sport Experience and EFTPOS Card Promotion
“MICHELIN PILOT SPORT EXPERIENCE” PROMOTION
TERMS AND CONDITIONS
Eligibility Requirements and the Promotional Period
- Entry is only open to Australian residents aged 18 years or over who (a) have a valid unrestricted driver’s license issued in an Australian State/Territory (b) have a valid passport and travel documentation including requisite visa(s) if determined to be the Winner and (c) are not Excluded Persons (“Eligible Individuals”). Excluded Persons are employees of the Promoter, Participating Dealers (as defined below) and agencies associated with this Promotion (and their immediate families). Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- The Winner will be required to utilise the prize in August 2015 on the dates specified by the Promoter. Subject to clauses 18, 19 and 28, failure of the Winner to utilise the prize in August will lead to the prize being withdrawn.
- Promotion commences at 9am AEDST on 2 March 2015 and ends at close of business in Participating Dealers on 30 April 2015. Online final entries close at 11.59pm AEST on 6 May 2015.
- In order to qualify for entry, Eligible Individuals must purchase, in a single transaction, a set of four (4) or more Michelin tyres from any Participating Dealer in Australia between 9am AEDST on 2 March 2015 and close of business on 30 April 2015 (“Qualifying Transaction”). “Participating Dealers” will be any dealers in Australia that display advertising material for this Promotion during the promotional period.
Fleet, trade and wholesale purchases are excluded and will not qualify for entry.
- There is a strict limit of one (1) entry per Qualifying Transaction/invoice, regardless whether the number of eligible tyres purchased in that transaction is in excess of four (4) Michelin tyres.
- To enter, Eligible Individuals must then satisfy the requirements of one (1) of the following entry methods, depending on which Participating Dealer they have made their Qualifying Transaction from:
- Tyreplus Participating Dealers: if the Qualifying Purchase is made at a Tyreplus Participating Dealer, the Eligible Individual must immediately after completion of a Qualifying Transaction, provide his/her personal details to the staff at Tyreplus as requested, so that the staff member can enter the individual into the Promotion. Failure by the individual to provide all of the requested details to the Tyreplus staff at the time of Qualifying Transaction, will result in the Eligible Individual not qualifying for entry; OR
- Jax Quickfit Participating Dealers: if the Qualifying Purchase is made at a Jax Quickfit Participating Dealer store, the Eligible Individual must immediately after completion of a Qualifying Transaction avail himself/herself to an entry flyer (containing entry instructions) from the staff at the checkout (together with their purchase receipt). The Eligible Individual must thereafter go online to www.jax.com/greatdeals, follow the prompts to the entry form and input all requested details, including their full name, telephone number, valid email address and receipt/ invoice number and submit so that the entry from is received by 11.59pm AEST on 6 May 2015; OR
- All other Participating Dealers: if the Qualifying Purchase is made at any other Participating Dealer store, the Eligible Individual must immediately after completion of a Qualifying Transaction, avail himself/herself to an entry flyer (containing entry instructions) from the staff at the checkout (together with their purchase receipt). The Eligible Individual thereafter must go online to www.michelin.com.au, follow the prompts to the Promotion entry page, input the requested details (including their full name, telephone number and a valid email address), attach a scanned copy of their original purchase receipt/invoice for the Qualifying Transaction, and submit the fully completed entry form so it is received by 11.59pm AEDST on AEST on 6 May 2015. The scanned copy of receipt must be submitted in gif, jpg, bmp, txt, doc, docx or pdf format and must not exceed 5 MB in file size.
- An Eligible Individual having satisfied the criteria set out in Clause 7 will then qualify to participate in the Promotion (“Qualified Individual”).
- 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.
- The Promoter reserves the right, at any time, to verify the validity of information supplied pursuant to this Promotion by Eligible Individuals, Qualified Individuals or the Winner (as defined below) (including identity, driver’s licence, 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.
- Incomplete or indecipherable entries and transactions will be deemed invalid.
- Multiple entries by the same Eligible Individual are permitted, subject to the following: (a) only one (1) entry being permitted per Qualifying Transaction (regardless of the number of eligible tyres in excess of four (4) purchased in that Qualifying Transaction); and (b) each entry must be submitted separately and in accordance with entry requirements outlined above.
- Qualified Individuals must retain the purchase receipt(s)/invoice(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Qualified Individual’s entries and forfeiture of any right to a prize. Purchase receipt(s)/invoice(s) must clearly specify the Participating Dealer from who the Michelin tyres were purchased, what Michelin tyres were purchased and the date and time the purchase was made.
- If there is a dispute as to the identity of a Qualified Individuals, the Promoter reserves the right, in its sole discretion, to determine the identity of the Qualified Individuals.
- The prize draw will take place at EVT Marketing Group, Suite 107/26-32 Pirrama Road, PYRMONT NSW 2009 on 28 May 2015 at 11am AEST, where the first valid Qualified Individual drawn in the prize draw will be determined (“Winner”). The Promoter will draw additional reserve Qualified Individuals from the prize draw and record them in order of sequence.
- The Winner will be notified by telephone within two (2) business days of the draw, in writing by way of letter and their name will be published in The Australian on 4 June 2015. The Promoter may also publish the Winner’s name on selected websites online in its discretion.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Winner will win a trip for two (2) adults to Malaysia (“Prize”), valued at up to AU$12,000 depending on point and date of departure. The trip must be taken sometime in August 2015 with exact dates determined by the Promoter and provided to the Winner upon notification. The Prize includes:
- two (2) x return economy flights from the Winner's nearest Australian capital city to the Kuala Lumpur International Airport, Sepang, Malaysia;
- return transfer to Sama-Sama Hotel, Kuala Lumpur from the Kuala Lumpur International Airport for the Winner and a companion
- one (1) night twin share accommodation at Sama-Sama Hotel, Kuala Lumpur, and two (2) nights twin share accommodation at Kuala Lumpur City Centre Hotel for the Winner and his/her companion;
- the Michelin Pilot Sport Experience at the F1 Sepang circuit on one (1) day of the trip, which will allow the Winner and his/her companion to experience a flavour of the world of motorsport that is normally only enjoyed by a select few. The Michelin Pilot Sport Experience will feature a full program of activities such as the racing game simulator, pit stop challenge, photo shoots, and driving select Formula Michelin and Touring cars (the Winner’s companion will only be able to drive the cars if he or she is an Eligible Individual). The Winner and his/her companion (if the companion is an Eligible Individual) will also experience the thrill of circuiting the track at high speed (as passengers) with a professional racing driver;
- return transfers from KL City Centre Hotel to the Sepang track to for the Winner and his/her companion; and
- AU$500 spending money for the Winner only (awarded in the form of a travel card, with the exact issuer to be selected by the Promoter). The Prize shall not include additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs. The Prize must be utilised in August 2015 on the exact dates specified to the winner by the Promoter upon winner notification, and is subject to booking and flight availability. In the event that the Winner is unable to take the Prize on the required dates, he/she will forfeit their right to the Prize, and the Prize will be awarded to the next valid reserve entry drawn.
- The Winner is responsible for ensuring that he/she and their companion have valid passports, and any requisite visa(s), vaccinations and travel documentation. In the event the Winner or the Winner’s companion is found to be lacking the necessary travel documentation by 30 June 2015, the Promoter reserves the right to withdraw the Prize from the Winner and award the Prize to the next reserved entrant. Itinerary for the Prize to be determined by the Promoter in its absolute discretion The Winner and his/her companion will not be eligible to receive frequent flyer points awarded for the return economy flights granted as part of the Prize. The Prize is also subject to the standard terms and conditions of individual prize and service providers. The Winner may be required to present his/her credit card at time of accommodation check in.
- The Promoter highly recommends to the Winner and his/her companion to obtain adequate travel insurance, to protect against the additional costs incurred in the event of unforeseen circumstances. Any costs incurred in obtaining such insurance are the Winner’s responsibility and will not be borne by the Promoter.
- Any ancillary costs associated with redeeming an EFTPOS card are not included. Any unused balance of an EFTPOS card will not be awarded as cash. Redemption of the EFTPOS card is subject to any terms and conditions of the issuer including those specified on the EFTPOS card. If an EFTPOS card is not taken and/or is not activated as instructed, then that EFTPOS card will be invalid and forfeited.
- In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify the Prize, subject to any written directions from a relevant regulatory authority.
- The Winner and his/her companion acknowledge that the Michelin Pilot Sport Experience and the activities included therein, (collectively “Activity”) can be dangerous and may result in injury or death. Accordingly participation in the Activity is at the Winner’s and his/her companion’s own risk. The Winner and his/her companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by the Promoter and the Activity organisers in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear any safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent the Winner and/or his/her companion from participating in the Activity if, at any time, they reasonably believe that the Winner and/or his/her companion pose a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
- If for any reason the Winner does not take the Prize (or any part of the Prize) by the time stipulated by the Promoter, then the Prize (or that part of the Prize) will be forfeited.
- If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize or gift to the equal value and/or specification, subject to any written directions from a regulatory authority where required.
- The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless stated otherwise by the Promoter.
- Total prize pool value of the drawn prize is up to AU$12,000.
- A draw for the prize, if unclaimed, may take place on 7 July 2015 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner, if any, will be notified in writing within two (2) business days and their name will be published in The Australian on 21 July 2015.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they win the Prize in any media (including photograph, film and/or recording of the same) for an unlimited period without remuneration for the purpose of this Promotion (including to publicise any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- 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) subject to any written directions from a regulatory authority where required, to modify, suspend, terminate or cancel the Promotion, as appropriate.
- Any cost associated with accessing any promotional website is the entrant’s responsibility and is dependent on the internet service provider used. 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/made by that entrant invalid.
- 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 and Participating Dealers (including their respective officers, employees and agents) are not responsible for and exclude 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; (f) use/redemption of a Prize; (g) taking of/participation in the Prize and/or attendance at a Prize event/location or if a Prize event is cancelled or rescheduled for reasons outside of the Promoter’s control; or (h) the Promotion.
- As a condition of accepting the Prize, the Winner and his/her companion must sign any legal documentation as and in the form required by the Promoter and/or suppliers and service providers of the Prize in their absolute discretion, including but not limited to a legal release and indemnity form.
- Selected PI of the Winner (and their travel companion) will be disclosed to selected entities in Malaysia for the purposes of organising the Prize.
- The Promoter is Michelin Australia Pty Ltd (ABN 84 006 761 628) of 51-57 Fennell Street, Port Melbourne, VIC 3207, telephone (03) 8671 1000.
Permits: NSW LTPS/15/00594, ACT TP15/00288, VIC 15/166, SA T15/134
“MICHELIN EFTPOS CARD” OFFER
TERMS AND CONDITIONS
- All Australian residents aged 18 years or over who complete the applicable steps outlined in clauses 4 and 7 of the “Michelin Pilot Sport Experience” Promotion (Terms and Conditions for which have been outlined above) will be awarded a gift. For the avoidance of doubt, individuals are not required to have a valid driver’s licence issued in an Australian State or Territory to be eligible to claim a gift under this offer.
- The gift an individual will be eligible to receive will depend on the type of tyres purchased in the Qualifying Transaction, as follows: (a) individuals who purchase a set of four (4) or more Michelin 16 inch size tyres or below that size will receive a gift of a $50 EFTPOS card; or (b) individuals who purchase a set of four (4) or more Michelin 17 inch size tyres or above that size or Michelin Recreation/SUV tyres will receive a gift of a $100 EFTPOS card. Eligible individuals will be eligible to receive one (1) EFTPOS card (of the relevant value, as indicated in this clause) for each Qualifying Transaction they make. There is a strict limit of one (1) gift per Qualifying Transaction/invoice, regardless whether the number of eligible tyres purchased in that transaction is in excess of four (4) Michelin tyres.
- Individuals who complete a Qualifying Transaction at a Tyreplus Participating Dealer will be awarded their EFTPOS card by staff at the time of the Qualifying Transaction. For any Individuals who complete a Qualifying Transaction at any other Participating Dealer, the EFTPOS card will be sent to the mailing address nominated by the entrant on the entry form within six weeks of entry receipt.
- Once an entrant receives their EFTPOS card, to be able to use the relevant EFTPOS card, he/she must activate it by following the instructions on the EFTPOS card by the indicated date. Each gift EFTPOS card can only be activated once. Once the gift EFTPOS card is activated, the EFTPOS card can be used anywhere EFTPOS is accepted (with the funds on the card becoming active the next business day at midday after activation date) for a period of twelve (12) months. EFTPOS cards must be activated within one (1) month from the date of issue. The date of issue for EFTPOS cards received at a Tyreplus Participating Dealer will be the date the EFTPOS card is provided by a staff member to the Eligible Individual. The date of issue for EFTPOS cards received via post will be the date the respective EFTPOS card is posted, which will appear on the issuing letter.
- This offer cannot be used in conjunction with any other offer, unless stated otherwise by the Promoter.
- Clause 3, 4, 5, 7 – 14, 17, 21, 22, 24 – 26, 29 – 33, 35 and 37 of the “Michelin Pilot Sport Experience” Promotion, as detailed above, equally apply to this offer. These Terms and Conditions should be read in conjunction with those terms and conditions. All references to: ‘Prize’ shall be read as ‘gift’; and ‘winner’ to ‘successful claimant’. If there are any inconsistencies these terms shall prevail.