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Terms and Conditions

 

Kia test drive to WIN a trip to the tennis in Paris promotion

All sections and information in this document form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their parent/guardian (where applicable).

Schedule to Entry Conditions

  1. Promoter

    Name: Kia Motors Australia Pty Ltd.

    ABN: 97 110 483 353

    Address: 350 Parramatta Road, Homebush, NSW 2140

    Phone: 1800 600 010

  2. Who may enter?

    Entry is only open to persons who meet all the following criteria:

    1. Australian residents;
    2. aged 18 years or over;
    3. is willing, ready and able to complete all entry requirements (and prize requirements if they are a winner) at the times and dates set out in these Terms and Conditions.

    Employees (and their immediate families) of the Promoter and its contractors and agencies associated with the promotion are ineligible to enter. “Immediate family” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

  3. Promotional Period

    The promotion starts at 10:00am AEDT on 1st February 2015 and closes at 11:59pm AEDT on 28th February 2015 (“Promotional Period”).

  4. (a) How to enter?

    To enter, eligible entrants must, during the Promotional Period, complete a test drive at any participating Kia Dealership (Details of participating Kia dealerships are available on the KIA website at www.kia.com.au/find-a-dealer). Entrants will then be eligible to go into the draw to win the major prize by following the procedure outlined below.

    After completing the test drive, individuals will be provided with a unique code by their Kia dealer at the participating Kia dealership. For the opportunity to win the Prize, individuals must then enter this code into the official entry form available at the Kia test drive website www.kia.com.au/win and submit it in accordance with the instructions on the online entry form. The unique code can only be used once to enter the competition.

    Entrants will then go into a Draw to win the Prize.

    The winner must be available to travel to France between the dates of the 4th June 2015 and the 7th June 2015.

    (b) Maximum number of entries

    Limit of one (1) entry per person per valid test drive of a Kia vehicle at an eligible Kia dealership.

  5. (a) Prize

    The first eligible entry drawn will win the following Prize:

    A. One trip to Paris in France for two people to watch the tennis in Paris that includes: 2 x tickets to a tennis match (of the promoter’s choice); return economy class airfares from the winner’s nearest Australian capital city in Australia to Paris International Airport (includes flight associated taxes); 4 nights twin-share accommodation in a Paris based hotel, of the Promoter’s choice, minimum 4 star; airport transfers (excludes transfers within Australia); transfers to and from the match; travel insurance for the winner and their guest; 2 x $1,500 Travel Money Cards (travel money card conditions apply).

    B. The winner is responsible for any amendment fees issued by prize and service suppliers once bookings are confirmed.

    C. Itinerary to be determined by the Promoter in its absolute discretion.

    D. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age who may accompany the winner.

    E. Ticket conditions apply.

    Maximum retail value of the Prize is $18,354.

    (b) How winner is determined

    The draw from all eligible entries will be made at 11.00am AEDT on 03rd March 2015 at MDSA, 15 Grosvenor Street, Neutral Bay NSW 2089.

  6. Travel

    The Prize winner and their travel companion will not accrue any frequent flyer points from taking the Prize. Bookings are subject to conditions and availability and are not re-routable. Once booked and approved by the prize supplier, any changes may incur a cancellation fee or amendment fee at the cost of the winner. Once tickets have been issued they cannot be changed.

    As a reminder it will be the winner and accompanying traveller’s responsibility to ensure they have a current passport to allow them to travel to Paris during the month of June 2015.

    Supplier/s or their associated companies will not be held liable for any loss, damage or injury of the results directly or indirectly from the winner taking part in any aspect of the prize. Where relevant, the winner agrees that they take full responsibility for any activities engaged in while travelling and engaging in the prize package and will take out appropriate travel insurance.

    The Prize winner is responsible for all costs not expressly listed as being included in the prize, including without limitation, meals, entertainment, other travel and accommodation, passports, visas, re-entry permits, spending money, freights, excess baggage, government taxes, departure taxes, ground transportation, any tax liabilities, airport charges, incidentals, gratuities, service charges, optional extras, any applicable surcharges and any other related costs. A credit card imprint may be required from the winner and their guest by the hotel for incidental charges.

    Travel arrangements to and from the winner’s nearest capital city airport in Australia do not form part of the prize and are the responsibility of the winner.

    The prize winner and their travelling companion must travel together to all destinations forming part of the Prize.

    All Prize travel will be subject to the prize supplier’s General Conditions of Carriage. The Promoter and prize supplier make no representation as to the safety, conditions or other issues that may exist at any destination. It is the responsibility of the winner to enquire about local issues and conditions at destinations before travel. International travel advice may be obtained from various sources including local government, local consular offices and www.smarttraveller.gov.au.

    Neither the Promoter nor their associated companies are responsible, to the extent permitted by law, for acts of god, acts of terrorism or war (declared or undeclared) or other events beyond the promoter’s control which prevent awarding or acceptance of the prize in accordance with the prize description.

  7. Winner notification

    The Winner will be contacted by phone and in writing by email within two (2) business days of the draw.

  8. Winner publication

    The Winner will also be published in The Australian newspaper on 9th March 2015.

  9. Redraw or redetermination of winner

    Due to the time-sensitive nature of the event based Prize, the Promoter reserves the right to redraw the Prize in the event that the winner fails to comply with these terms and conditions, forfeits, or does or not claim the prize by 9th April 2015. If the prize remains unclaimed by that date, the second chance draw will be held at 10:00am (AEST) on 10th April 2015 at the same location as the original draw. All eligible entrants who completed a test drive at a participating Kia Dealership during the Promotional Period will be entered into any second chance draw that may be held. Disposal of the unclaimed prize may be made subject to any written directions given by any government authority and pursuant to any relevant legislation. The unclaimed prize draw winner will be contacted by phone and in writing by email within two (2) working days of the draw and the Winner, will be published in The Australian newspaper on 17th April 2015.

  10. Permit numbers

    Authorised under NSW Permit No. LTPS/15/00215, ACT Permit TP15/00097, VIC Permit No. 15/64 & SA Licence No. T15/53.


Entry Conditions

  1. Entry

    1. Entry is only open to those persons specified in Item 2 of the above Schedule to Entry Conditions (“Schedule”).
    2. To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule.
    3. Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule.
    4. All entries must be received by the Promoter by or in the period indicated in Item 3 of the Schedule. Entries are deemed to be received at the time the Promoter receives the entry in its promotion database, and not at the time of transmission by the entrant.
    5. The Promoter may, at any time, verify the validity of entrants and entries (including an entrant’s identity, age, place of residence and whether they hold any driver’s licence required to enter this promotion). Entrants must fully cooperate with the Promoter in connection with such verifications.
    6. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. However, the Promoter may (but is not obliged to) at its discretion accept an entry which contains errors or omissions.
    7. All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant’s responsibility.
    8. If this promotion involves the entrant participating in any physical or sporting activity, the entrant acknowledges and agrees that:
      1. the entrant is fit, in good health, and not aware of any reasons that may harm or endanger their health by participating in such activities. Without limitation, the entrant warrants and agrees that at the time they participate in the activities, they will not be pregnant, under the influence of drugs or alcohol, and will not have any heart condition, abnormal blood pressure, epilepsy, pre-existing injury or any other medical condition that might make it unsafe for them to participate in the activities;
      2. the entrant may be required to undertake tasks that may be physically challenging and may involve risks of injury, illness or death, some of which may be obvious and others that may not be obvious;
      3. the entrant may be required to sign an indemnity form (with content that the Promoter determines in its discretion) before participating in the activities, and if they refuse to sign the indemnity form, this will disqualify the entrant and the Promoter may select another person to replace the entrant at its sole and absolute discretion;
      4. the Promoter will not be responsible or liable for any personal injury, illness or death caused to the entrant or any other person in connection with the entrant’s participation in the activities; and
      5. the entrant must conduct themself in an appropriate manner and follow the Promoter’s instructions and all venue rules and regulations at all times.
    9. If this promotion involves the entrant submitting any photographs, images, films, recordings, footages, videos, sms or mms messages, testimonials, comments, artistic works, literary works, information, materials or documents to the Promoter (“Content”) then the entrant agrees that:
      1. the entrant must not submit any Content that is unlawful, fraudulent, defamatory, offensive. obscene, derogatory, discriminatory. pornographic, sexually inappropriate, insulting, scandalous, violent, abusive, harassing, threatening, inflammatory, not suitable for children under 15 years, unlawful, libellous, hateful, objectionable in relation to race, religion, ethnicity or gender, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law, capable of giving rise to a civil liability or otherwise unsuitable or inappropriate;
      2. the entrant must not submit any Content that breaches or may breach any intellectual property, privacy, publicity or other rights;
      3. the Content is the entrant’s own original independent creation and does not include any third party’s intellectual property or infringe any third party’s intellectual property rights;
      4. the entrant is fully responsible for the Content. The Promoter will not be liable for the Content or its use in any way;
      5. before submitting the content, the entrant has obtained or obtains the consent of all persons who appear in the Content to in relation to the use of the Content for this promotion;
      6. the Content has not been published previously or used in any other promotion;
      7. the Content will not contain viruses or cause injury or harm to any person or entity;
      8. the entrant will comply with all applicable laws and regulations, including without limitation, those laws governing intellectual property, content, defamation, publication, privacy and the access and use of computer or communication systems;
      9. the Promoter may review all Content and may at any time reject, remove or take down any Content (wholly or partially) at its sole and absolute discretion without notice if it considers, discovers or suspects the Content not to comply with any of these Term and Conditions;
      10. the entrant must comply with all requests by the Promoter to remove, take down or edit any Content;
      11. unless clause 1.10 applies, the entrant grants the Promoter, its affiliates, agencies and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, disclose and display the Content for any purpose and in any media and medium, without compensation, liability, restriction on use, attribution of the entrant’s moral rights. Entrants warrant that they have full authority and rights to grant such rights to the Promoter.
      12. the entrants must not assert any moral rights in connection with the Content;
    10. If the Promoter requires, all title and property in any Content will be transferred from the entrant to the Promoter and the entrant will not be entitled to any compensation for such transfer.
  2. Prize

    1. The prize in this promotion includes the prize set out in Item 5(a) of the Schedule. The entrant agrees to any terms relating to the prize set out in Item 5(a) of the Schedule.
    2. Prize winner will be selected in accordance with the method set out in Item 5(b) of the Schedule.
    3. Prize winner will be notified in accordance with the terms set out in Item 7 of the Schedule, and their name and/or suburb will be published in accordance with the terms set out in Item 8 of the Schedule.
    4. The entrants must ensure they provide their correct contact details to the Promoter, and to notify the Promoter of any changes to their contact details before the date and time for announcing the winner. The Promoter will not be liable if it cannot contact the winner because of any incorrect contact details provided by an entrant.
    5. If the Promoter requests, the winner must provide the Promoter with proof of identity before being eligible to claim the prize. 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.
    6. If a portion of the prize is unavailable, the Promoter may at its sole and absolute discretion substitute the prize or portion of that prize with a prize of equal value and/or specification, subject to any directions form any regulatory authority, if applicable.
    7. The maximum prize pool value is set out in Item 5(a) of the Schedule. The Promoter accepts no responsibility for any variation in the total prize value or any individual prize value.
    8. The Prize or any unused portion, is not transferable or exchangeable and cannot be taken as cash, unless the Promoter agrees otherwise in writing.
    9. The Prize is awarded subject to the standard terms and conditions of individual prize and service providers.
    10. Any ancillary costs associated with redeeming the prize (including without limitation, transportation costs) are not included and is the responsibility of the winner.
    11. The entrant agrees to the terms concerning (if applicable) redraws and redetermination of a winner set out in Item 9 of the Schedule.
    12. These Terms and Conditions and any promotional materials connected with this promotion do not include by implication any term, condition, representation or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, image, manufacture, design or performance of any of the prizes, to the fullest extent permitted by law.
  3. Privacy

    1. The Promoter collects the entrant’s personal information to conduct this promotion and may, for this purpose, disclose such information to third parties, including without limitation, to its agents, contractors, affiliated entities, service providers, prize suppliers and Australian regulatory authorities.
    2. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any opt out, access, update or correct information request to the Promoter. A copy of the Promoter’s privacy policy can be viewed at http://www.kia.com.au/privacy.
    3. Entrants consent to the Promoter using their name, suburb of residence, photo, likeness, image, voice, recording, film and/or footage in any media for an unlimited period without remuneration to promote this promotion (including any outcome), and promote any products and services that the Promoter supplies or distributes.
  4. Social Media

    1. If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees:
      1. to comply with (where applicable) Facebook’s, Twitter’s, YouTube’s, Instagram’s and any other social media website’s terms and conditions in relation to promotions, including (as applicable) Facebook’s Statement of Rights and Responsibilities, Twitter’s terms of service, YouTube’s terms of service and Instagram’s terms of use;
      2. that this promotion is in no way sponsored, endorsed or administered by, or associated with (where applicable) Facebook, Twitter, YouTube, Instagram or any other social media website (unless otherwise specified); and
      3. that any questions comments or complaints about this promotion must be directed to the Promoter and not to (as applicable) Facebook, Twitter, YouTube, Instagram or other social media website.
  5. General

    1. All of the Promoter’s decisions in connection with this promotion are final and binding, and no correspondence will be entered into regarding the decisions. All decisions are made at the sole and absolute discretion of the Promoter.
    2. Entrants agree to indemnify and keep indemnified the Promoter against all losses, costs, expenses, damages or liabilities that the Promoter suffers or incurs or is likely to suffer or incur, and against all claims, demands, proceedings, suits and actions against the Promoter in connection with an entrant’s breach of any of these Conditions.
    3. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
    4. The Promoter may at its sole and absolute discretion and to the full extent permitted by law:
      1. invalidate any entry;
      2. disqualify any entrant; and/or
      3. modify, suspend, terminate or cancel the promotion, as appropriate,
      4. any reason the Promoter deems appropriate at its discretion, including without limitation if:
      5. any entry does not comply with any of these Conditions, is incomplete or indecipherable, or is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents;
      6. any entrant does not comply with these Term and Conditions or tampers with the entry process;
      7. the promotion is not capable of being conducted as reasonably anticipated;
      8. any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;
      9. any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or
      10. any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion.
    5. To the extent permitted by law, the Promoter (including its respective officers, employees, directors, contractors, agents and affiliated entities) is not responsible for and excludes all liabilities (including exclusion of all liabilities for negligence, personal injury, illness and death of any person), losses, expenses, damages, costs, claims, demands, proceedings, actions and suits (whether or not direct, indirect, special, consequential) arising as a result of or in connection with any of the following:
      1. any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;
      2. any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or
      3. any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion;
      4. entry or prize claim that is late, lost, altered or damaged, whether or not due to the Promoter’s act, omission or fault;
      5. variation in prize value to that stated in these Terms and Conditions;
      6. entrant’s or other person’s participation in this promotion;
      7. damage caused to any prize in transit before the prize winner takes possession;
      8. tax liability incurred by a winner or entrant;
      9. use or misuse of the prize;
      10. invalidation of any entry;
      11. disqualification of any entrant; and/or
      12. any cancellation, termination, modification or suspension of this promotion.
    6. If any Kia vehicle is to be loaned to an entrant or winner, such loan is subject to the Promoter’s standard terms and conditions in relation to vehicle loan arrangements. The entrant or winner must sign any document or agreement that the Promoter requires before accepting and using the loan vehicle (including any deed of release and indemnity). Without limiting the terms in the vehicle loan agreement, the entrant or winner agrees that:
      1. the vehicle must be collected and returned at a time and to a location the Promoter requires; and
      2. the entrant or winner will be responsible for all fuel costs and traffic infringement fines, penalties and tolls incurred during the loan period.
    7. Where applicable, the permits/licences issued for the conduct of this promotion are set out in Item 10 of the Schedule.