Toyo Tires Kick for Cash - Opener
GWS Giants Vs Collingwood

• 1. These Terms and Conditions (Terms) govern your participation in the Toyo Tires Kick For Cash Home competition (Competition) organised by Toyo Tyre Australia Pty Ltd (ABN: 93 000 767 279) (the Promoter, we, us, our). By participating in the Competition you accept these Terms. Other terms and conditions contained in the privacy policy (Privacy Policy) also form part of these Terms. Information on how to enter and the prize(s) form part of these Terms and Conditions.
• 2. These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info@toyo.com.au before participating in our Competition.
• 3. Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you are not participating in the Competition on the basis of any representation that is not expressly incorporated into these Terms.

Promoter

• 4. The Promoter is Toyo Tyre Australia Pty Ltd (ABN 93 000 767 279) of 2 Culverston Rd, Minot NSW 2566.

Definitions

• (a) Promotional Period means 9 March 2025 9:00AM (Sydney time) to 9 March 2025 3:00 pm (Sydney time).
• (b) Major Prize means a prize of $20,000.
• (c) Qualifier is as defined in clause 15.

Acceptance of Terms

• 5. We will provide you with a copy of these Terms when a member of the Toyo Tires team contacts you to participate in the Competition. They are also available to access at https://www.toyotires.com.au/kickforcash/terms-and-conditions-home-competition.
• 6. To the extent of any inconsistency between these Terms and any other reference to this Competition online, these Terms prevail.

Entrant to the Competition

• 7. Subject to clauses 8 to 10 below, entry is open to individuals that:
1. Are Australian resident aged 18 or over;
2. Hold a current 2025 GWS Giants membership during the Promotional Period; and
3. Consent to Paul Waterhouse representing them in the Game (defined below), if selected.

(each an 'Eligible Entrant')

Eligible Entrants to the Competition

• 8. Professional footballers (from any code) are excluded from entry into this Competition. Professional footballers include players playing in any AFL or VFL competition (Semi-Professional).
• 9. Employees, and their immediate families, of the Promoter or GWS Giants, or either of their associated agencies and companies, contractors or individuals are not eligible to enter this competition. For the purpose of this clause, ‘Immediate Family’ means any of the following: spouse, ex-spouse, defacto 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.
• 10. In order to validly participate in the Competition, the Eligible Entrant’s name must correspond with the name of their nominated bank account in the event they are a Winner. The Promoter shall be requesting the bank account name and details of the winner of the Major Prize so it is critical that the entrant’s name is correct.

How to enter

• 11. To enter, Eligible Entrants must attend the GWS Giants vs Collingwood match at Engie Stadium in Round 1 of the 2025 AFL season (“Match”) during the Promotional Period.
• 12. The Promoter reserves the right to verify the validity of entrants (including an entrant’s identity, age, contact details, GWS Giants membership status 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 Competition. 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.
• 13. It is the responsibility of the Eligible Entrant to ensure the details attached to their 2025 GWS Giants membership is up to date.

Game

• 14. One (1) Eligible Entrant will be randomly selected by Toyo Tires representatives from the stadium concourse or inside the stadium at the Match to participate in the Game.
• 15. A request to be represented by Paul Waterhouse (“Kicker”) will be formally made to the selected Eligible Entrant. GWS Giants representatives will also confirm with the Eligible Entrant whether they are a financial GWS Giants Member at that time. If an individual does not consent to being represented by the Kicker or fails to satisfy the Terms, another individual will be selected by Toyo Tires. An Eligible Entrant that accepts a request to participate will be known as a “Qualifier”.
• 16. To win the Major Prize, the Kicker must make a single kick of an AFL match sized football (a Sherrin size 5), on the full, to land and settle inside a set of 4 tyres assembled vertically on the ground (“Tyre Stack”) and the Kicker must be at least 40 meters away from the Tyre Stack when making the kick.
• 17. The tyres will be 265/35R22 vehicle-sized tyres selected by the Promoter.
• 18. If the football kicked by the Kicker does not land and settle inside the Tyre Stack, the Qualifier will not win the Major Prize, however, will be offered a signed GWS GIANTS guernsey valued at $500 as a consolation prize.
• 19. The Kicker must follow all directions of the Promoter when attempting a kick.
• 20. The Kicker must comply with the following code of conduct leading up to, during and after their attempt at kicking the football (“Code of Conduct”):
  1. act in a safe, respectful and polite manner to the Promoter, its employees, agents, contractors, and to any member of the public;
  2. abide by all Laws in place in the state or territory the current match is based in; and
  3. act in good faith.

Major Prizes

• 21. If the Kicker satisfies clause 18, the Qualifier will win the Major Prize as defined in the Definitions and will be deemed the winner (“Winner”).
• 22. If for any reason the Winner does not take their prize at/by the time stipulated by the Promoter, then the prize will be forfeited.

Use of photos and name of the Eligible Entrants and Qualifier

• 23. By participating in this Competition, Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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 Competition (including any outcome) and announcing the Qualifier.

Prize Delivery

• 24. The prize, depending on the outcome of the Game, will be sent to the Qualifier/Winner within 60 days of the kick taking place. 
• 25. The Major Prize will be awarded in the form of a cheque in the winner’s name.
• 26. To validly win the Major Prize the name on their government-issued identity must be the same as the name of the entrant’s bank account and the entrant’s active bank account to which a cheque can be cashed.
• 27. The Promoter must be provided with a current residential street address when requested for ease of correspondence and prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the Prize winner.
• 28. As a condition of accepting the Major 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.

Disqualification

• 29. Any individual that has been awarded a prize found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return the prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant.

No Disparagement

• 30. At all times, the individual awarded a prize from the Competition must not make any public or private statement or comment, whether oral or in writing, which in the Promoter’s reasonable opinion is adverse to the interest, reputation or commercial standing of the Promoter or GWS Giants, or is in any respect a false or disparaging remark or representation about the Promoter, GWS Giants, or either of their personnel, products or services.

Disclaimers

• 31. If any 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.
• 32. The individual who has been awarded a prize acknowledges and agrees that the Promoter, its employees, affiliates and representatives are not responsible for decisions that the entrant may make or for any consequences, undesired or otherwise, that may flow from winning the prize.
• 33. The Promoter's decision in relation to any aspect of the Competition is final and binding and no correspondence will be entered into.
• 34. The prize provided by the Promoter is subject to availability, not transferable or exchangeable and, with the exception of the Major Prize, cannot be taken as cash.
• 35. The individual who has been awarded the Major Prize or consolation prize acknowledges and agrees that Major Prizes and consolation prizes will be sent to the winner's nominated address. The Promoter and their associated agencies, and companies associated with this Competition will take no responsibility for Major Prizes or consolation prizes damaged or lost in transit.
• 36. The Major Prize winner acknowledge that tax implications may arise from their Major Prize winnings and they should seek independent financial advice prior to acceptance of that Major Prize.
• 37. 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.

Limiting Liability

• 38. Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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 the Competition.
• 39. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and GWS Giants (including the irrespective officers, employees and agents) are not responsible for, and 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:
  1. any Eligible Entrant or Qualifier’s participation in the Competition;
  2. any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
  3. any theft, unauthorised access or third party interference; 
  4. 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;
  5. any variation in prize value to that stated in these Terms and Conditions; 
  6. any tax liability incurred by a winner or an Eligible Entrant; or use of the a prize. 

Indemnity

• 40. The Qualifier agrees to indemnify the Promoter, GWS Giants and each of their officers, agents, partners, directors, shareholders and employees and subcontractors (together, the “Indemnified Persons”), against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by the Indemnified Persons arising out of or in connection with:
  1. any breach of these Terms by the entrant; and
  2. the enforcement of these Terms.
• 41. Promoter holds the benefits of this indemnity for itself and as agent for an on behalf of each Indemnified Person.

Termination

• 42. If this Competition 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 Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.

Copyright and Trade Mark Notices

• 43. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
• 44. All material provided by the Promoter, including (but not limited to) online entry or membership forms, questionnaires and any documents (Promoter’s Content), is the Promoter’s intellectual property and subject to copyright. Entrants must obtain prior written permission if an entrant would like to copy or reproduce the Promoter’s Content. Modification of the Promoter’s Content is a violation of the Promoter’s copyright and other proprietary rights, and is strictly prohibited.
• 45. The trade marks, logos, and service marks displayed on the Promoter’s Content or the Promoter’s website to denote its brand are either the Promoter’s registered or unregistered trade marks (Marks). The Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to the Promoter, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Promoter.
• 46. Nothing contained in the Promoter’s Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the Promoter’s express written permission.
• 47. The entrant agrees that damages may be an inadequate remedy to a breach of these Terms and acknowledge that the Promoter will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
• 48. This clause survives termination of these Terms.

Privacy Collection Statement

• 49. Entrants' personal information will be used by GWS Giants and the Promoter in accordance with their Privacy Policies located at https://www.gwsgiants.com.au/privacy-policy and https://www.toyotires.com.au/privacy-policy .
• 50. Personal information will be stored in the GWS Giants membership database. The Promoter may only use this information for future marketing purposes regarding its products, including contacting entrants electronically with the prior approval of the GWS Giants through official GWS Giants communications channels.
• 51. The Promoter and GWS Giants are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and their privacy policies (“Privacy Policies”). The Privacy Policies contain information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter or GWS Giants of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with.
• 52. The Promoter and GWS Giants will only collect personal information about the Qualifier/Winner to enable them to participate in this Competition and may disclose their personal information to third parties including but not limited to contractors, agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation.
• 53. If a Qualifier/Winner does not provide their personal information as requested, they may be ineligible to claim the prize in the Competition.
• 54. Personal information collected from the Qualifier/Winner will not be disclosed to any entity located outside of Australia. You may request access or to update your personal information or lodge a complaint by writing to insert contact email address.

Severability

• 55. If any provision of these Terms is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Assignment

• 56. An Eligible Entrant cannot transfer or assign the entrant’s rights in accordance with these Terms, without the Promoter’s prior written consent.
• 57. The Promoter’s may assign or transfer the Promoter’s rights and obligations under these Terms at any time.

Binding on Successors

• 58. These Terms shall be for the benefit of and binding upon the parties, executors, successors and permitted assigns.

Force Majeure

• 59. The Promoter will not be in breach of these Terms or liable to an entrant for any Loss incurred by any entrant as a direct result of the Promoter’s failing or being prevented, hindered or delayed in the performance of the Promoter’s obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
• 60. If a Force Majeure Event occurs, the Promoter will notify the entrants (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
• 61. On providing the notice in the above clause, the Promoter will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, the Promoter will continue to use all reasonable endeavours to perform those obligations.
• 62. The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
• 63. References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
  4. epidemic, pandemic, health emergencies, disease;
  5. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  6. interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
  7. the acts, decrees, legislation, regulations or restrictions of any Government Agency; however does not include a lack of funds.
  8. References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

Dispute Resolution

• 64. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
• 65. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
• 66. In the case of claims against the Promoter, all notices are to be provided to info@toyo.com.au.
• 67. If the dispute is not resolved by agreement within 14 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Disputes Centre.
• 68. Once a mediator is appointed, the parties agree that:
  1. The costs of the mediator shall be borne equally between the disputing parties.
  2. The chosen mediator shall determine the procedures for mediation.
  3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
• 69. If the parties have not mediated a resolution of the dispute within 14 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
• 70. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
• 71. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
• 72. This clause survives termination of these Terms.

Applicable Law

• 73. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. The entrant consents to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.

NSW Authority Number
TP/04198