Red Bull Racing Australia Convoy 2013 Competition
Competition Rules and Conditions of Entry
These Competition Rules and Conditions of Entry constitute the entire agreement between Red Bull Australia Pty Ltd (ABN 67 085 840 259) (the “Promoter”) and each competitor (“Participant”) (“Agreement”) in relation to their participation in the Red Bull Racing Australia (“RBRA”) Bathurst V8 Supercars Convoy 2013 Competition (the “Competition”).
The Promoter is holding the Competition during the month October in Australia.
By entering the Competition each Participant expressly accepts all risks associated with their involvement with the Competition. Each Participant acknowledges that such acceptance is a condition precedent to participating in the Competition, and accepts and agrees to the following terms and conditions.
1. In consideration of the Promoter accepting the Participant’s Entry and allowing them to compete and/ or participate in the Competition, along with the Participant’s chance to win the Competition prizes, the Participant must fully and unconditionally agree, acknowledge and accept these Competition Rules and Conditions of Entry.
2. Participation in the Competition is deemed to be an acceptance of these Competition Rules and Conditions of Entry. The Promoter reserves the right to amend these Competition Rules and Conditions of Entry at any time without prior notice. Any amendments to the Competition Rules and Conditions of Entry will be posted on www.redbullholdenracing.com (RBRA Website) which there is a link to from www.facebook.com/redbullracingau (“Competition Website”).
3. The Competition will be conducted from 9.00am (AEST) on 26 September 2013 until 11.59am (AEST) on 30 September 2013 (“Competition Period”). The Competition Period will run over one (1) week. Entries will be judged by the Promoter based on creativity at the absolute discretion of the Promoter (“Judging Process”). Entries must be received by the Promoter during the Competition Period to be eligible for the Judging Process. Winners will be notified from the Competition Website (Facebook message) by 10:00am 3 October 2013 and published on the Competition Website and RBRA Website, within seven (7) days of Judging. All reasonable steps to notify winners of the results of the Judging will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
4. Entry into the Competition is open only to Australian residents aged 16 years or older who have a valid and unrestricted driver’s licence (or their nominated driver of the vehicle does). In the event that they are judged and in order to be declared a winner, they must able to participate in the Prize as set out in Conditions 18 –25 (“Participants”). Participants aged 16 years or older but younger than 18 years of age must have the written consent of their parent/legal guardian in the form required by the Promoter to enter the Competition and provide personal information about themselves. All Entries of Participants who are under the age of 18 years, without a valid and unrestricted driver’s licence or do not have a nominated driver with a valid and unrestricted licence and enter the Competition without disclosing (or attempting to conceal) their age (as and when required), drivers licence status and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Competition Rules and Conditions of Entry will bind the Participants and any parent or legal guardian who gives their consent (for Participants aged under 18 years). If any prize winner is aged under 18 years, the prize will be awarded on behalf of the winner to the parent or legal guardian who consented to the winner entering the Competition, at the sole discretion of the Promoter, and that parent or legal guardian must accompany the winner for the duration of the Prize (if applicable).
5. The directors, management and employees (and their immediate families) of the Promoter are ineligible to enter the Competition.
HOW TO ENTER
6. To enter the Competition, Participants must, during the Competition Period:
(1) log onto the Competition Website;
(2) ‘like’ the Competition Website (Note: Participants who have previously ‘liked’ the Competition Website will not be required to complete this step). For the avoidance of doubt, to ‘like’ in this context means to click on the ‘like’ icon on the Competition Website;
(3) answer in twenty-five (25) words or less “Why you should be a part of the RBRA Bathurst Convoy” (by commenting) on the image posted on the Competition Website in relation to the Competition. All answers will only be eligible if posted on the RBRA Facebook page within the Competition Period.
(4) have their entry accepted as a valid entry which may be publicly posted on the Competition Website and/or RBRA Website at the sole discretion of the Promoter,
(together, an Entry).
7. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Any Entry (or any user generated content) that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity, will not be accepted as an eligible Entry into the Competition and may be removed. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging of its products and/or services or is otherwise not in keeping with the spirit of the Competition.
8. Participants may only enter once and during the Competition Period.
9. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, incorrect, indecipherable, or illegible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries.
10. Entry to this competition will be deemed as consent to these Competition Rules and Conditions of Entry which there will be a direct link to on the Competition Website. The use of any automated entry software or any mechanical, electronic or other means that allows a Participant to automatically enter repeatedly is prohibited and will render all entries submitted by the Participant invalid.
11. By entering the Competition, Participants acknowledge that their Entries and their name and/or Facebook profile photograph may be featured on the Competition Website and/or RBRA Website for public viewing for an unlimited period of time. Participants also acknowledge that their Facebook profile, wall and news feed may be updated by entering the Competition. Facebook membership, Facebook pages, the ‘liking’ of Facebook pages, Facebook applications and use of Facebook generally is subject to the Facebook prevailing terms and conditions of use available at www.facebook.com/policies. The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Participants understand that they are providing their information to the Promoter and not to Facebook. Participants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Participant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by a Participant in respect of the Participant’s participation in the Competition. Any questions, comments or complaints about the Competition must be directed to the Promoter and not to Facebook.
12. Eligible Entries received by the Promoter will be judged by a judging panel appointed by the Promoter (“Judging Panel”). The winners will be determined by the Judging Panel in its sole discretion and their decision is final and no correspondence will be entered into. This is a game of skill and chance plays no part in selecting the winners. The Judging Panel will judge eligible Entries based on creativity.
13. Competition Winners: there will be a maximum of fifteen (15) Competition Winners, the exact number will be determined at the absolute discretion of the Promoter.
14. In the event a Competition Winner is unable to be contacted within the timeframe required by the Promoter as set out in Condition 3, the Promoter reserves the right to select a replacement Participant judged to have submitted the next best eligible Entry from all remaining Entries submitted in the Competition Period in place of the original Participant.
15. All Competition Winners must comply with all conditions of use of the applicable prize and prize supplier’s requirements. It is a condition of accepting a prize that a Competition Winner (and any companions joining them on the RBRA Convoy, if applicable) may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
16. Competition Winners must, within three (3) days of notification of them winning (see condition 3) , provide all details via email to email@example.com requested by the Promoter to verify their Entry, including but not limited to their name, contact details, vehicle details, drivers licence details, companions details, otherwise they will be ineligible to be deemed a Competition Winner. In the event a Competition Winner is unable to provide all details requested by the Promoter to its satisfaction in the manner and timeframe required or is otherwise deemed ineligible to participate in the Competition, the Promoter reserves the right to select a replacement Participant judged to have submitted the next best eligible Entry from all remaining Entries in the Competition Period to become a Competition Winner in place of the original Participant.
17. In the event that the Promoter cannot successfully contact the Competition Winner by, or if the Competition Winner is ineligible to accept or declines to participate in the Prize, their winning Entry will be deemed invalid and the Competition Winner will forfeit the Prize. The Promoter may, in its sole discretion, contact the Participant whose Entry was judged to be the next best eligible Entry from all remaining Entries in the Judging Process and invite them to participate in the Prize. The Promoter will continue this process until a Participant has been successfully contacted and the Participant has confirmed their eligibility to accept and/or participate in the Prize. For the avoidance of doubt, only once a Participant has confirmed their eligibility to accept and ability to participate in the Prize will the Participant (subject to these Competition Rules and Conditions of Entry) be deemed a Competition Winner.
Prizes include the following:
18. Each Competition Winner will be awarded one (1) prize valued at up to AUD$156 (Prize) plus money can’t buy experiences with the RBRA team. The Prize comprises of the following components:
a) The chance to drive from Sydney to Bathurst as part of the RBRA convoy to the Supercheap Auto Bathurst 1000 V8 Supercars Race,l departing from a secret location in Sydney on 8 October 2013 (the “Convoy”). The location of the start and end locations of the convoy will be determined at the absolute discretion of the Promoter and will be provided directly to each Competition Winner prior to the Event. The Competition Winner is permitted to take up to four (4) people (five (5) including the driver) in their vehicle, so long as all persons can be legally seated in their car (Convoy Car) that complies with all driving, vehicle and safety laws in Australia (Companions). Companions will only be eligible for prizes (18(a)-(d)) not 18(e) prize unless they are the selected one (1) guest of the Competition Winner.
b) Each Competition Winner will receive a RBRA Convoy flag to be used for the Convoy. Only Convoy Cars and selected vehicles at the Promoter’s discretion will be able to use these during the Convoy.
c) Each Competition Winner will receive two (2) limited edition Bathurst RBRA T-shirts and two (2) limited edition Bathurst RBRA hats to the total value of $156.
d) Each Competition Winner and Companions (if any) will be permitted entry to a meet and greet with RBRA drivers Craig Lowndes and Jamie Whincup (Meet and Greet). It will be the responsibility of each Competition Winner and Companions (if any) to arrive at the specified locations within the allocated time slot for the Meet and Greet, any reason in which they do not make the time slot is not the responsibility of the Promoter. Each Competition Winner and Companions (if any) will be required to make their own way to the Meet and Greet.
e) The Competition Winner plus one (1) guest of their choice will be given a pass to access to the RBRA Viewing Suite for a period of 20 minutes at any time between Thursday 10 and Sunday 13 October, this is conditional to the Competition Winner and guest both having a valid Bathurst race ticket, for the avoidance of doubt, the Promoter will not provide access or tickets to the Bathurst V8 race compound at any time.
19. The Prize only includes costs as stated above. All additional costs not expressly stated, but which may be incurred in acceptance and use of the Prize, are the responsibility of the Competition Winner and Companions (if any). Such additional costs include, but are not limited to, meals and beverages, fuel costs, accommodation, breakdown and repair costs, event entry to Bathurst V8 race compound, spending money, and insurance.
20. The location of the Convoy provided by the Promoter as stated under 18(a) to the Competition Winners is confidential information which can only be shared with a Participant’s Companions (if applicable). The Promoter reserves the right to exclude any Competition Winner from the Competition in which they will not be eligible to participate or receive any prize if they disclose the Convoy locations to anyone other than the agreed parties (Companions and any other agreed parties). Each Competition Winner may also be deemed responsible (within reason) for Companions (if applicable) breach this confidentiality condition and the relevant Competition Winner and their Companions will be prohibited from participating in the Convoy.
21. As a condition of accepting and participating in the Prize, Competition Winners and Companions (if any) acknowledge and agree:
a. that the Promoter or its agents may film, photograph and record the Competition Winner and Companions (if any) during the course of their participation in the Prize and that such footage will be the property of the Promoter and may be edited; and
b. that where the Promoter sees fit, the Competition Winner and Companions (if any) shall be escorted by a representative of the Promoter for the duration of their attendance at any of the elements forming part of the Prize.
22. Competition Winners must be available to take their prizes on the dates specified by the Promoter. If for any reason a Competition Winner does not take 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 Competition Winner. All components of the Prize must be taken together and when offered or are forfeited. Competition Winners and Companions (if any) must travel together in one Convoy Car.
23. Competition Winners and Companions (if any) or guest must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the Prize. Acceptance of and participation in the Prize is subject to the prevailing terms and conditions of the Promoter (if applicable).The Competition Winner and Companions (if any) must follow all reasonable directions given by the representative of the Promoter (if applicable) or any Prize supplier or Event organiser or the authorities, including the NSW Police during the course of their participation in the Convoy and prizes, including all directions relating to age, health, behaviour, safety, acceptable dress standards and responsible consumption of alcohol. The Promoter and any Prize supplier and Event organiser reserve the right, in their absolute discretion, to refuse the Competition Winner and/or their Companions (if any) and/or guest entry into or ejection from any Event, or to refuse participation in certain activities, on the grounds of intoxication, inappropriate behaviour or dress, for age, health or safety reasons, or for breach of these Competition Rules and Conditions of Entry generally. If the Competition Winner and/or Companions (if any) fail to participate in the Prize in the manner required, as stated in this Condition, their entry and the balance of the Prize will, in the reasonable opinion of the Promoter, be forfeited with no compensation payable.
24. Competition Winners and Companions (if any) acknowledges that the Prize is a dangerous activity that may result in injury or death, and participate at their own risk. The Competition Winner and Companions (if any) acknowledge that they must: (i) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Event organisers as determined by them in their absolute discretion; (ii) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Prize; (iii) not be under the influence of drugs; (iv) comply with all directions of the Promoter and Event organisers at all times; (v) wear any safety or other equipment required; and (vi) may consume alcohol in moderation but must not be under the influence of alcohol during any activities to the extent that it impairs or affects their understanding, judgment or participation in the activities, and subject to any legal limitations or limitations of any Prize supplier. The Promoter and/or any Prize supplier in their absolute discretion: (a) reserve the right to refuse to allow the Competition Winner or Companions (if any) to take part in any or all aspects of the Prize if they reasonably believe the Competition Winner or Companions (if any) poses a safety risk or for any other reason; and (b) may cancel the relevant component of the Prize if the conditions are deemed dangerous. No compensation will be payable if the Competition Winner or Companions (if any) are unable to use any element of the Prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour or safety reasons.
25. The Event organisers and Prize suppliers reserve the right in their absolute discretion to cancel, change or amend the Promotion without notice. The Promoter accepts no responsibly for the cancellation or the delay of the Promotion for any reason beyond the control of the Promoter. If the Prize or any element of the Prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then the Promoter reserves the right to change the Promotion at their sole discretion.
26. Participants can only use their own Facebook user profile to enter. Competition Winners can only enter and use their own name. Participants or Competition Winners who provide incorrect, misleading or fraudulent information are ineligible to participate in the Competition and all Entries of a Participant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request Competition Winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Competition Winner’s identity, drivers licence status, age, residential address, eligibility to enter and claim prizes, and any information submitted by the Competition Winner in entering the Competition, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or a Participant or Competition Winner or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Participant will be ineligible and deemed invalid. The Promoter reserves the right, at any time, to disqualify any Participant or Competition Winner who submits an Entry that is not in accordance with these Competition Rules and Conditions of Entry, tampers with the Entry process or interferes with the Competition.
27. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Competition Website, RBRA Website or the information on the Competition Website or RBRA Website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Competition Rules and Conditions of Entry or any other legal obligation by a Participant, the Participant agrees to indemnify the Promoter for those losses, damages and costs.
28. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29. The Promoter’s decision in all matters relating to the Promotion shall be final, and no correspondence will be entered into, including in the event of a dispute.
30. If for any reason this Promotion is not capable of running as planned, the Promoter reserves the right in its discretion to modify the terms of the Promotion including the prizes, these Conditions of Entry and to postpone, cancel or amend the Promotion without compensation to any Participant or third party.
31. The Promoter, in their absolute discretion, at all times reserve the right to:
(1) change the format of the Promotion for any reason including but not limited to number of entries, time constraints or any unforseen incidents; and
(2) cancel the Promotion.
32. If the Promotion is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
33. Each Competition Winner must have one (1) vehicle which is fit for purpose and complies with all vehicle, road and safety and any other relevant laws of Australia to be used as their Convoy Car. The Promoter reserves the right to refuse the participation of the Convoy Car, for any reasons at any stage in the Convoy including but not limited to safety standards, inappropriateness and size. The driver of the vehicle (whether the Competition Winner or a nominated Companion) must have a valid and unrestricted Australian (or legally equivalent) drivers licence.
34. The Promoter, at its absolute discretion, may disqualify any Participant or Competition Winner that does not comply with these Competition Rules and Conditions of Entry.
35. Total maximum prize pool value is up to AUD$2500. The value of the prizes is accurate and based upon the recommended retail price(s) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date. The prizes (including any unused portion) cannot be transferred, exchanged or redeemed for cash (unless otherwise indicated). The Promoter retains the right to substitute the prizes with prizes of equal or greater value (including where the prizes are unavailable). The prizes must be taken as offered and cannot be varied.
36. If the Promoter determines, in its absolute discretion, that any Competition Winner is not in the necessary condition to safely participate in a prize, the Promoter reserves the right to refuse to award to any Competition Winner any part of a prize.
37. The Promoter’s decision and that of the Judging Panel appointed by the Promoter in all matters relating to the Competition is final, and no correspondence will be entered into, including in the event of a dispute.
38. All Competition Winners and Companions agree to participate in any news media activities surrounding the Competition if required by the Promoter. It is a condition of entry that all Participants agree to their Entry, image and/or voice, and likeness as recorded, photographed or filmed during the Competition (including but not limited to as part of the Competition), may be broadcast or published by the Promoter or its related entities worldwide in any media, including but not limited to television, radio, internet, newspapers, magazines, or any other advertising, marketing or publicity purposes in connection with the Competition or any future event in perpetuity and throughout the world without additional compensation or further consent being obtained. Participants and Competition Winners consent to any use of the above created materials in a way which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
39. Any cost (including any tax liability) associated with accessing the Competition Website, RBRA Website and/or participating in the Competition) shall be the individual Participant’s sole responsibility.
40. The Promoter, in its absolute discretion, at all times reserves the right to prevent any Participant or Competition Winner from participating in the Competition if, at any time, they reasonably believe that they pose a safety risk or for any other reason, including but not limited to, acting in a manner which is likely to bring the Promoter into disrepute, or is likely to cause harm to Participants, the Promoter’s employees, contractors or volunteers, or any other third party.
41. Without in any way limiting any other provision in these Competition Rules and Conditions of Entry, and except for any liability that cannot be excluded by law, the Promoter and any Event organisers (including their respective officers, employees and agents) 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 the Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment or vehicle 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 Competition Rules and Conditions of Entry; (e) if the Competition is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a prize Competition Winner or Participant; (g) participation in the Competition; or (h) use of, or participation in a prize.
42. As a condition of entering or participating in the Competition or taking a prize, Participants and their Companions (if any) must sign any legal documentation as and in the form required by the Promoter / prize supplier / Event organisers in their absolute discretion including but not limited to a legal and talent release and indemnity form and associated consents/releases. If the individual is under 18 years of age, his or her parent or guardian must sign any legal documentation required by the Promoter on his or her behalf including, but not limited to, a disclaimer.
43. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Competition Rules and Conditions of Entry, the Promoter will not be liable for any failure to perform or delay in performing its obligation and the Promoter reserves the right (subject to any applicable law) to cancel, terminate, modify or suspend the Competition (or any Event) or modify its format and/or award alternative prize(s) to the same value as the original prizes.
44. Participants are responsible for the safe-keeping, maintenance and transport to and removal of their equipment and property from the Convoy and any location they attend during the course of the Convoy. The Promoter accepts no responsibility for lost, stolen or misplaced property or liability arising from the use of inappropriate or poorly maintained equipment, vehicle or supplies.
46. These Competition Rules and Conditions of Entry are governed by the laws of New South Wales, Australia and references to times are references to the time in Sydney, Australia (AEST).
47. Promoter: Red Bull Australia Pty Ltd ABN 67 085 840 259 of 2 Huntley St, Alexandria NSW 2015.