The Promoter is ECB PTY LTD ABN 25 010 676 034 of 29 Snook St Clontarf QLD 4019 (“Promoter”).
This Promotion commences at 8:00am AEST on 6th July 2017 and closes 5:00pm AEDST 27th November 2017 (“Promotional Period”).
The sections on How to Enter, Bonus Entries, Draw, Prize, Winner Notification and Miscellaneous Provisions form part of these Terms and Conditions.
This Promotion is only open to Australian residents:
who are aged 18 years or older; and
have not been discovered to have breached these Terms and Conditions.
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 1st cousin.
Entry into this Promotion is deemed to be acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of these Terms and Conditions generally.
Each entrant acknowledges that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of an entrant’s ineligibility to enter after the Promoter has awarded a Prize to the ineligible entrant. Return of a Prize or payment of its equivalent value to the Promoter can be required by the Promoter if this occurs.
HOW TO ENTER:
During the Promotional Period entrants must visit the “Promoter’s Website” ecbsuperute.com.au and fully complete the online entry form and ensure a successful registration acknowledgement before the close of the Promotional Period.
Only one (1) entry to the Promotion is permitted per person except bonus entries outlined in clause 10. The same email address cannot be used by more than one entrant, and the email address (as well as all other details) provided must be valid and correct. 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
Bonus entries will be available to: Retail customers of the Promoter’s ECB alloy bullbar products can access “Supercharge” (triple) entries for each alloy bulbar product they purchase during the Promotional Period. To apply Supercharge entries, an eligible entrant must tick the box marked “I have recently purchased an ECB bullbar” and upload a clear copy of their tax invoice, which shows a valid receipt of retail purchase during the Promotional Period along with the vehicle registration information. Supercharge recipients must retain their original tax invoice(s) or a photocopy of their tax invoice(s) (if applicable) for all entries as proof of purchase for a period of 4 months after the end of the Promotional Period. To validate Supercharge entries, the Promoter may require eligible entrants to provide original product tax invoice(s) or a photocopy of product receipt(s) (if applicable) for all entries, for verification purposes in order to claim a prize. Product tax invoice(s) must clearly specify that the ECB product(s) were purchased during the Promotional Period. The Promoter recommends proof of purchase be uploaded (clear image) along with the recipient’s registered email address. Failure to provide the proof of purchase as set out for required entries when requested may, in the absolute discretion of the Promoter, result in invalidation of that entrant’s Supercharge entries. i.e. Enter Promotion = x 1 free entry. Purchase ECB alloy bulbar during the Promotional Period and register purchase = 1 x 3 = 3 entries. Purchase second ECB alloy bulbar during the Promotional Period and register purchase = 3 x 3 = 9 entries. All subsequent purchases attract triple the existing entry tally.
Supercharge entries will only be awarded to the end consumer (retail customer) of the ECB bullbar product. Wholesalers, resellers, fleet operators or installers are not entitled to Supercharge entries.
Major Prize– a second hand (i.e. used) 2016 Toyota Hilux SR5 Hi Rider Dual Cab 2WD Utility with a manual transmission with no more than 30,000 kilometres travelled finished in white paint (“Car”). Total prize value is up to $40,000 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 delivery charges (which may vary State/Territory by State/Territory) in relation to the Car. The only warranty given by the Promoter with respect to the Car is that it is roadworthy when given to the winner. No extended warranty is given. Additional insurance including comprehensive insurance, options, petrol and all other ancillary costs for the are the responsibility of, and will be at the cost of, the winner. There is only one prizewinner in this Total prize pool value is up to $40,000.
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 Car 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.
The winner must provide the Promoter with certified copies of all documentation as required by the Promoter before the Car is awarded. As a condition of accepting the Car, 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.
The Car’s ECB-branded registration plates are for promotional purposes and are not included in the prize offer
The Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, in relation to this Promotion or the merchantability, quality or fitness for a particular purpose regarding the Car or any component of the Car.
The value of the Car is accurate as at the commencement of this Promotion. The Promoter accepts no responsibility for any variation in the value of the Car after that date. If for any reason the Car (or part of the Car) is not available, the Promoter reserves the right to substitute another item for it, in its sole discretion, of equal or higher value, subject to the approval of the gaming authorities in each State/Territory, where relevant. In the event that for any reason the winner does not take the Car at or by the time stipulated by the Promoter, then the Car will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of the Car. To the extent permitted by law, the Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if the Car is unavailable for any reason.
DRAW AND WINNER NOTIFICATION
There will be one (1) major prize draw for this Promotion to be conducted at 1pm AEDST 7th December 2017 at Flow Marketing, 403 Pakington Street, Newtown VIC 3220.
Any winner of the major prize draw will be notified by a phone call and email by 8th December 2017.
The winner’s name of the major prize will appear on the Promoter’s Website from 11th December 2017 for a period of 28 days and the winner’s name will appear in The Australian newspaper on 14th December 2017.
If the Car is unavailable, the Promoter, in its discretion, reserves the right to substitute the Car with a prize to equal value and/or specification, subject to any written directions from a regulatory authority.
Prizes or any component of the prize are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent.
The Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, in relation to this Promotion or the merchantability, quality or fitness for a particular purpose regarding any prize or any component of any prize.
Total prize pool for this Promotion is AUD$40,000 Incl. of GST
A draw for an unclaimed prize may take place at 1:00pm AEST on 7th March 2018 at Flow Marketing, 403 Pakington Street, Newtown VIC 3220, subject to any directions from a regulatory authority. Winner drawn as a result from a second chance draw will be notified by telephone and in writing by 7th March 2018. The winner’s name (if any) for this second chance draw will appear on the Promoter’s Website from 9th March 2018 for a period of 28 days and will appear in The Australian newspaper on 14th March 2018.
All entries to this Promotion must be submitted by a person and any automated entries, fraudulent entries or entries by persons using an alias shall be invalid.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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.
If for any reason this Promotion is not capable of running as planned, including without limitation due to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion or the reputation of this Promotion or that of the Promoter, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, or to cancel, terminate, modify or suspend this Promotion, subject to regulatory approval, if required.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including their eligibility to enter) and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions or who otherwise 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.
Incomplete, indecipherable, or illegible entries will be deemed invalid. If there is a dispute as to the identity or details of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity or details of the entrant.
Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity, loss of business or loss of goodwill or loss of profits); whether direct, indirect, special or consequential, arising in any way out of this Promotion, including without limitation, where arising out of the following: any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);any theft, unauthorised access or third party interference; any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise);any variation in prize value or specification to that stated or referred to in these Terms and Conditions;any tax liability or similar charge incurred by a Winner or the entrant; or the use or attempted use of a prize by a Winner or any other third party.
The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
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.
Authorised in Australia under permit number: NSW: LTPS/17/14525; ACT: TP 17/14525; SA: T17/1124