‘TELSTRA TOUGH MAX 3 D-MAX GIVEAWAY’ PROMOTION

TERMS AND CONDITIONS
  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, participating retailers (as detailed below) 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.
  3. Entries into the promotion commence for purchases on 14/01/2020 and closes at 11:59pm AEDST on 30/03/2020 (“Promotional Period”). Entries into the promotion open on 14/01/2020 and close at 11:59pm AEST on 27/04/2020 (“Entry Period”).
  4. To be eligible to enter, individuals must purchase a Telstra Tough Max 3 device (on a contract) from any Telstra Authorised Dealer, Telstra Branded store or online at www.telstra.com.au during the Purchase Period (“Eligible Purchase”).
  5. To enter, individuals must then undertake the following steps during the Entry Period:
    • visit www.telstratoughmax3.com and follow the prompts to the promotion entry page
    • input the requested details including (but not limited to), their full name, valid email address, contact mobile number, street address, IMEI Number and their Telstra Contract Number;
    • upload a copy of their purchase receipt when prompted; and then
    • submit the fully completed entry form.
  6. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Eligible Purchase made; and (b) each entry must be submitted separately and in accordance with entry requirements.
  7. Entrants must retain their original purchase receipt(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 entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Purchase Period but prior to entry.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, 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.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. 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.
  11. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 at 12:00pm (noon) AEST on 04/05/2020, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by email within two (2) business days of the draw as well as telephone and then if unsuccessful, again by mail. The winner’s name will be announced online at www.telstratoughmax3.com commencing on 18/05/2020. The Promoter may also publish the winner’s name on the Promoter’s various social media channels.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. The first valid entry drawn will win a 2019 model White Isuzu 4x4 LS-T Crew Cab Ute D-Max with automatic transmission. Total prize value is up to AU$51,990 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State).  Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference (excluding metallic options), subject to availability. The prize will be delivered to the winner’s residential address and may have a kilometre reading of up to 20,000 kilometres as the Promoter may have to transport and showcase the vehicle at multiple events prior to it being awarded.
  14. 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 purpose 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 required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
  15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the will be forfeited.
  16. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  17. Total prize pool value is up to $51,990. The prize is not transferable or exchangeable and cannot be taken as cash.
  18. A draw for the prize, if unclaimed, may take place on 04/08/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if one is required, will be notified in writing by email within two (2) business days of the draw. The winner’s name will be announced online at www.telstratoughmax3.com commencing on 18/08/2020. The Promoter may also publish the winner’s name on the Promoter’s various social media channels.
  19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a 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.
  20. 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, to modify, suspend, terminate or cancel the promotion, as appropriate.
  21. Any cost associated with accessing the 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 by that entrant invalid.
  22. 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 (including its respective officers, employees and agents) excludes 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 promotion.
  23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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; or (f) use of the prize.
  24. As a condition of accepting the prize, 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 form.
  25. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.ztemobiles.com.au/ZTE_privacy.htm.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
  26. The Promoter is ZTE (Australia) Pty Ltd (ABN 64 110 578 428) of 128 Exhibition Street, Melbourne VIC 3000.

 

NSW Permit No. LTPS/19/40535. ACT Permit No. TP19/04787. SA Permit No. T19/2052