TERMS AND CONDITIONS
1. Information on how to enter and the prizes 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 of over who hold an Australian driver’s licence. Employees (and their immediate families) of the Promoter, 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. The promotion commences 1/08/2016 and entries close at 11.59pm AEST on 21/08/2016 (“Promotional Period”).
4. To be eligible to enter, individuals must submit an original and creative static photograph or video that features one of the three MINI Ray highlight colours, namely pink, green or yellow in the upload. (“Content”).
5. To enter, individuals must, during the Promotional Period, follow @miniaustralia on Instagram (if they have not done so already. Upload their Content to their Instagram account using #MINIRAY29K and tag @miniaustralia in the post caption. Individuals must ensure that their account is set to public (not private) during the promotional period to be eligible to participate.
The public profile of the Instagram account used to enter must contain sufficient personally identifiable information to adequately identify the entrant.
Each entrant warrants to the Promoter that the Content and any other materials submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 19.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
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. 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.
10. There will be two (2) stage selection process to determine the winner. In the first stage, all entries will be judged based on their creativity, audience engagement and use of MINI Ray colour. The best three (3) entries, as determined by the judges, will be deemed the finalists (“Finalists”).
11. The 'Finalists' Content will be placed on MINI Australia's Instagram and promoted on Instagram and Facebook using social advertising from 5pm AEST on 22/08/2016. The voting period commences at 5pm AEST on 22/08/2016 and voting closes at 5pm AEST 5/09/2016. Members of the public will be invited to like the Finalists’ Content. The first finalist's post to receive 29,000 likes from the Australian public will be declared the winner. If no Finalist receives 29,000 likes by the end of the voting period, the Finalist with the most likes will be deemed the winner.
12. The winner will be notified via Instagram direct message, @tag notification in the winner post announcement and in the comments thread of all paid posts on Instagram and Facebook. The winner will then be required to contact the Promoter to organise pick up of their prize from their nearest MINI Dealer in Australia.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The winner will receive the prize of a new MINI Ray 3-Door Hatch with automatic transmission valued at the recommended retail price of $31,500 drive away. Prize will be awarded in either of the colour options from those available (midnight black or pepper white - with pink, yellow, or green highlights).
15. If for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize 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.
17. Total prize pool value is $31,500.
18. Prize is not transferable or exchangeable and cannot be taken as cash.
19. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photographs and comments (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
20. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
21. 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.
22. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
23. Any cost associated with accessing the Instagram is the entrant’s responsibility and is dependent on the Internet service provider used.
24. 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.
25. 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) taking and/or use of a prize.
27. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
28. It is a condition of accepting a prize and this promotion that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
29. 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).
30. The Promoter is BMW Australia Ltd (A.B.N. 11 004 675 129), 783 Springvale Road, Mulgrave VIC 3170.