Terms & Conditions
BMW Customer Survey Promotion
1. Information on how to enter the promotion and the prizes forms part of the terms and conditions. Entry into the promotion is deemed as acceptance of the terms and conditions.
2. The promotion period commences on 1/04/2016 at 12:00am AEDT and closes on 31/12/2016 at 11:59pm AEDT (“Promotional Period”).
3. Entry is only open to eligible Australian residents who receive an invitation directly from the Promoter (via email) to complete the online BMW New Car Survey, BMW i New Car Survey, BMW Used Car Survey or MINI New Car Survey (“Purchase Survey”) or the online BMW Service Survey, BMW i Service or MINI Service Survey (“Service Survey”). An invitation will only be sent to selected customers who have purchased a new or used BMW or a new MINI vehicle, or have serviced their existing BMW or MINI vehicle, at an authorised BMW or MINI dealership Australia-wide.
4. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
5. Employees, agents and contractors (together with their respective immediate family members) of the Promoter and all of its related companies, along with agencies associated with this promotion are ineligible to enter and are not entitled to claim any prize. 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 first cousin.
6. All eligible individuals who complete and submit a Purchase Survey or a Service Survey (by following the instructions contained in the invitation and any subsequent instructions onscreen) during the Promotional Period (and elect to release their personal details to the Promoter when completing the survey) will receive an automatic entry into the next occurring relevant draw.
7. Only one (1) entry is permitted per person for each unique Purchase Survey or Service Survey completed by that person during the Promotional Period.
8. Entries will be divided into the following groups: a Purchase Survey Group and a Service Survey Group (in accordance with the survey completed). There will be three (3) prize draws conducted for each group. Entries into each draw close at 11.59pm (AEST/AEDT, as applicable in VIC) on the dates outlined in the table below. Each random draw will take place at 2:00pm (AEST/AEDT as applicable in VIC) at 212F, Level 7, 606 St Kilda Rd, Melbourne Vic 3004 on the dates outlined in the table below. Entries in each draw will NOT be entered into any subsequent draws. Winners will be notified via telephone and in writing within two (2) business days of the relevant draw and winners will be published in The Australian on the dates specified in the table below. If a prize from any draw remains unclaimed three (3) months after the original draw, to award that prize, an unclaimed prize draw may take place on the date outlined in the table below at the same time and place as the original draws, subject to any directions from a regulatory authority. Winners in the unclaimed prize draw(s), if any, will be notified by telephone and in writing within two business days of the unclaimed prize draw and their names will be published in The Australian on the dates outlined in the table below.
Entries close: 30/06/2016
Draw date: 14/07/2016
Publication date: 28/07/2016
Unclaimed draw date: 14/10/2016
Unclaimed draw publication date: 28/10/2016
Entries close: 30/09/2016
Draw date: 14/10/2016
Publication date: 28/10/2016
Unclaimed draw date: 14/01/2017
Unclaimed draw publication date: 28/01/2017
Entries close: 31/12/2016
Draw date: 14/01/2017
Publication date: 28/01/2017
Unclaimed draw date: 14/04/2017
Unclaimed draw publication date: 28/04/2017
9. The first valid entry drawn in each draw for the Purchase Survey Group will win a $5,000 branded VISA Prepaid Card. The first valid entry drawn in each draw for the Service Survey Group will win a $2,000 branded VISA Prepaid Card. Total Prize Pool: $21,000.
10. In the event that any prize(s) from Draw 1 or Draw 2 still remain unclaimed as at the time and date of the unclaimed draw for Draw 3 (on 14/04/2017), any such prize(s) will also be distributed via that unclaimed draw.
11. Promoter’s decision in relation to all aspects of this promotion is final and binding on all who enter and no correspondence will be entered into. Prizes are not transferable or exchangeable and cannot be taken as cash. VISA Prepaid Card is subject to the VISA Prepaid Card Terms and Conditions available at bmw.com.au/Home/Terms_and_Conditions_Visa.pdf.
12. The Promoter, in its absolute discretion, reserves the right, at any time, to verify the validity of all entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who tampers with the entry process, or who submits an entry that is not in accordance with the terms and conditions of this 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.
13. If a prize is unavailable, the Promoter reserves the right to substitute a prize in whole (or any of its components), with another prize of equal or greater value, subject to any written directions from a regulatory authority.
14. Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
15. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
16. 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 and the Promoter's determination (if any) is final.
17. The Promoter reserves the right to request the winner to provide proof of identity. Identification considered suitable for verification is at the discretion of the Promoter.
18. To the extent permitted by law, the Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
19. If for any reason this promotion is not capable of running as planned; whether caused by infection of computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond the control of the Promoter that corrupts or affects the administration, security, fairness or integrity of the promotion, to the extent permitted by law, the Promoter reserves the right in its sole discretion to; (a) disqualify any entrant; or (b) subject to any approval by any relevant regulatory authorities, cancel, terminate, modify or suspend the promotion.
20. 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.
21. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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; (d) any variation in prize value; (e) any tax liability incurred by a winner or entrant; (f) redemption of a prize and/or (g) participation in the promotion.
22. The Promoter will not be liable for any fees or charges which result from use or redemption of a prize.
23. It is a condition of accepting a prize and this Promotion that each winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
24. The Promoter reserves the right to publish/promote each winner’s story and information on how each winner may have benefited from the prize for an indefinite period in any media, without any remuneration to the winner (other than the prize itself).
25. All entries become the property of the Promoter. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. By entering the promotion and providing an email address, the entrant consents to receipt of any email regarding the promotion, and where an entrant has opted to receive news and updates from the Promoter, consents to the receipt of emails which inform the entrant of the Promoter’s other publications, products, services and events, and to promote third party goods and services the Promoter considers an entrant may be interested in and to any other uses of their information outlined in the Promoter’s Privacy Notice. A request to access, update or correct any information should be directed to the Promoter at its address set out below. The collection, use and disclosure of personal information provided in connection with this promotion are governed by the Privacy Notice of the Promoter (http://www.bmw.com.au/Home/privacy_policy.html).
26. The Promoter reserves the right to use any content submitted by entrants for any purpose and in any media it chooses, and by submitting such content entrants agree to assign all copyright and IP rights to the Promoter (or its nominee) that subsist in the submitted content. Each entrant warrants to the Promoter that content submitted is an original literary work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their content which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
27. The Promoter is BMW Australia Ltd (A.B.N. 11 004 675 129), 783 Springvale Road, Mulgrave Vic 3170, phone (03) 9264 4000.
NSW PERMIT NO. LTPS/15/04324
ACT PERMIT NO. TP 15/06142.1
SA PERMIT NO. T15/959