Tyrepower Falken Mega May Tyre Giveaway CONDITIONS OF ENTRY
1. Instructions, prizes and information on how to enter this "Promotion" form part of these "Conditions of Entry". By entering this Promotion, entrants accept these Conditions of Entry.
2. The "Promoter" of the Promotion is Tyrepower Ltd ABN 65 005 363 477 of Suite 1, 109 Whitehorse Road, Blackburn VIC 3130.
3. The "Promotional Period" begins at 11.00am AEST on 7/5/2024 and concludes at 11.59pm AEST on 26/5/2024.
4. To be an "Eligible Entrant", individuals must be an Australian resident who, during the Promotional Period, responds by commenting on the "Promoter’s Instagram" (https://www.instagram.com/tyrepowerofficial/) tagging another Instagram account which they also follow, on the relevant post, whilst also following the Promoter’s Instagram account themselves, after which it shall become an "Eligible Entry".
5. By doing so, Eligible Entrants agree to these Conditions of Entry for this Promotion, noting that only one entry per Instagram account held is allowed for this Promotion.
6. 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 to disqualify any entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. 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.
7. Incomplete or indecipherable entries, entries which are not original or breach any third-party intellectual property, entries which are obscene, defamatory, or otherwise does not meet community or safety standards will be deemed invalid.
8. This is a game of skill: chance plays no part.
9. There will be 1 "Winner" of this Promotion, with the Winner to be selected at 10.00am AEST on 27/5/2024 at 33 Oxford Street, Nundah QLD 4012 from all Eligible Entries lodged during the Promotional Period.
10. The Winner will receive the following "Prize": a set of four Falken tyres (suited to Winner’s vehicle) worth up to AUD $1,100 including GST from their nominated Tyrepower Store, with any additional servicing or fitting costs over these thresholds to be paid by the relevant Winner as mutually agreed.
11. The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in the Prizes value.
12. The Winner will be notified by Promoter’s Instagram private message and by comment on the relevant Promoter’s Instagram post. The Promoter’s decision is final, and no correspondence will be entered into.
13. Eligible Entrants must check their Instagram account to see if they have been notified as a Winner. If a Winner does not respond to the Promoter’s notification on their relevant account within 72 hours, the Prize will be voided and the prize reselected. The Promoter takes no responsibility for a Winner who does not respond during the designated time frame and consequently forfeits the Prize and their entry will be deemed invalid.
14. Eligible Entrants consent to the Promoter using their name, likeness, image, voice and/or social media post content in the event they are selected as 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.
15. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram/Facebook.
16. Posted Comments must not include any swearing, derogatory or racist commentary, inflammatory commentary, imagery or commentary displaying alcohol abuse, imagery including nudity and/or unauthorised commercial communications such as spam and any such posts or comments will be removed by the Promoter.
17. At all times, entrants agree to act in accordance with the Facebook/Instagram Statement of Rights and Responsibilities, which can be viewed at https://www.facebook.com/legal/terms.
18. Entries to this Promotion are only open to individuals who are over the age 18 and are an Australian resident.
19. Employees (and their immediate families) of the Promoter and third parties 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 first cousin.
20. Nothing in these Conditions of Entry 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 State 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 this Promotion.
21. As a condition of accepting a Prize, the Winner must sign any legal documentation in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
22. The Promoter collects personal information in order to conduct this 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. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
23. The laws of Australia apply to this Promotion to the exclusion of any other law. Eligible Entrants submit to the exclusive jurisdiction of the courts of Australia.
24. Any questions, comments or complaints regarding the Promotion must be directed to the Promoter at socialmedia@tyrepower.com.au and not to Facebook/Instagram/Meta.
