Toyo Tires Kick for Cash On The Road Competition - Terms and Conditions

These Terms and Conditions (Terms) govern your participation in the Toyo Tires Kick For Cash On The Road competition (Competition) organised by TOYO TYRE AUSTRALIA PTY LTD (ABN: 93 000 767 279) (the Promoter, we, us, our), and form a binding contractual agreement between us, and you. Other terms and conditions contained in the privacy policy (Privacy Policy) also form part of the agreement with you.

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.

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 have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

Definitions

(a) Promotional Period means 16 April 2021 at 9:00AM to 21 August 2021 at 3PM.
(b) Major Prize means a prize of $25,000.
(c) Qualifier is as defined in clause 29.

Acceptance of Terms

1. We will provide you with a copy of these Terms when you submit your online entry form.
2. By submitting an online entry form, the entrant to the Competition acknowledges that the entrant has read and understood these Terms and agrees to be bound by them, and all the Promoter’s other policies.
3. To the extent of any inconsistency between these Terms and any other reference to this Competition online, these Terms and Conditions prevail.

Variation to Terms

4. We reserve the right to update and change these Terms from time to time.

Eligible Entrants to the Competition

5. Subject to clauses 6, 7 and 8, entry is open to all residents of Australia who have fulfilled the requirements set out in these Terms ('Eligible Entrants').
6. Professional footballers (from any code) are excluded from entry into this Competition.
7. Employees, and their immediate families, of the Promoter, 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.
8. Any entrant who is under the age of 18 is excluded from entry into this Competition.
9. In order to validly enter the Competition, the entrant’s name on the entry must correspond with the bank account name of the entrant’s eligible bank account. 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

10. The Competition opens on 19 April 2021 at 9AM and closes at 3pm on 21 August 2021.
11. To enter, Eligible Entrants must during the Promotional Period, complete the online entry form at https://www.toyotires.com.au/kickforcash/away, which includes but is not limited to submitting in 15 words or less what moves the Eligible Entrant to win the Major Prize.
12. Entries must provide all requested contact details to be eligible to win including their residential postcode and mobile phone number.
13. Entrants may only enter in their own legal name (as represented on their bank account).
14. The entrant must provide accurate, complete and up-to-date information in the online entry form.
15. The time each entry is received by the Promoter will be the time the entry form is submitted.
16. Incomprehensible, illegible, and incomplete entries may be deemed invalid.
17. All entries will be confirmed via email on a weekly basis prior to each draw from marketing@toyo.com.au.
18. The Promoter reserves the right to attach a promotional offer to this email subject to clauses 76-81.

Number of entries permitted

19. All Eligible Entrants may enter as many times as they like provided that each entry is unique.

Major Prizes

20. The entrant that fulfills the conditions contained in these Terms, including but not limited to clause 34 will win the Major Prize as defined in the Definitions.
21. The selected Qualifier will automatically win a set (4 tyres) of any Applicable Toyo Tires’ product in-stock and distributed by the Promoter(Promotion Prize). Applicable tyres include: Proxes C100 Plus, Proxes C100 Plus SUV, Open Country A/T II, and Open Country M/T. Prize is for tyres only; and excludes fitting, balance, wheel alignment and other optional tyre related services, with any such costs being the responsibility of the winner on acceptance of the Prize.

Use of photos and name of Eligible Entrants

22. By participating in this Competition, Eligible Entrants consent to their name and photo being published for the purpose of promoting the Competition and announcing the Qualifier.

Determination of the winner of the Major Prize

23. The competition lasts for the duration of the Promotional Period.
24. Entries must be received by the Promoter 1 week prior to each draw that takes place, as specified in clause 29.
25. The judge(s) of the Competition will be five (5) members of the Promoter’s sales and marketing team.
26. A qualifier will be selected by the judges (based on the response in their entry form) (Qualifier) on the Monday prior to each Toyo Tires Kick for Cash On The Road events. From all eligible entries received during 1 week prior to the draw, only one (1) Qualifier will be given the opportunity to win the Major Prize, in accordance with these Terms.

Event	Location	Date
WA Event 1	Kingsley Park 72 Kingsley Drive, Kingsley WA 6026	15 May 2021
QLD Event 2	Dauth Park 28A Alamein Street, Beenleigh QLD 4207	17 July 2021
SA Event 3	North Haven Football Club Victoria Road, Largs North SA 5016	14 August 2021
VIC Event 4	Jubilee Park Hillcrest Road, Frankston VIC 3199	TBD

27. The Qualifier selected will be contacted by email or telephone within 24 hours of the Qualifier being determined to partake in the kicking competition.
28. The Qualifier will need to meet with the Promoter at the time and place provided to the Qualifier for the Qualifier to attempt to kick the football in the tyres provided.
29. If the selected Qualifier is unable to be contacted at least 2 days before the game, or is unable to physically attend the Competition Kick for Cash Event, their entry will be forfeited, and the Promoter will continue to rejudge entries and determine a selected contestant until a substitute Qualifier is confirmed.
30. Fans attending each game will also be notified of the name of the Qualifier by an announcement at the event
31. To win the Major Prize, the Qualifier must make a single kick of an AFL match sized football (a Sherrin size 5), on the full, to land and settle inside the 4-5 tyres assembled vertically on the ground (Tyre Stack) and the Qualifier must be at least 30 meters away from the Tyre Stack when making the kick.
32. The tyres will be regular passenger vehicle sized tyres selected by the Promoter.
33. If the football kicked by the Qualifier does not land and settle inside the Tyre Stack, the Qualifier will not win the Major Prize, but will still get the Promotion Prize.
34. The Qualifier must follow all directions of the Promoter when attempting a kick.
35. The Qualifier must comply with the following code of conduct leading up to, during and after their attempt at kicking the football (Code of Conduct):
- (a) act in a respectful and polite manner to the Promoter, its employees, agents, contractors, and to any member of the public;
- (b) abide by all Laws in place in the state or territory the current match is based in; and
- (c) act in good faith.

Payment of Major Prize for Winning Qualifier

36. The winner who fulfils the conditions stated in clause 34, along with the conditions contained in the rest of these Terms (Winner), will be confirmed by email or phone within two business days of the kick taking place.
37. Once the conditions stated in clause 34 are fulfilled, along with the conditions contained in the rest of these Terms, the Major Prize itself (or in the case of vouchers, Major Prize confirmations) will be sent to the Winner within 60 days of the kick taking place.
38. To validly win the Major Prize the name on the entrant’s online entry form must the same as the name of the entrants bank account and the entrant’s active bank account to which a cheque can be cashed.
39. The Promoter will take reasonable steps to send the Major Prize via a cheque specifying the names provided in the original entry.
40. Winning entries with only a family name or reference to a family as the entrant cannot be cashed by banks and are therefore invalid and are not entitled to receive the Major Prize.
41. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential Major Prize delivery. The Promoter makes all reasonable efforts to deliver Major Prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any Major Prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the Major Prize winner.
42. The Promoter reserves the right to request entrants sign a deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated Major Prize delivery address and/or proof of entry validity (including phone bill) in order to claim a Major Prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the Major Prize or Promotion Prize in whole and no substitute will be offered.

The Winner’s involvement in promoting the Competition

43. In participating in the Major Prize, the winner agrees to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The Winner (and Qualifiers) agree to granting the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the Winner (and Qualifiers) will not be entitled to any fee for such use.

Disqualification

44. The Promoter will disqualify any individual who has tampered with the online entry process or any other aspect of this Competition, or engaged in conduct which has resulted in an unfair advantage.
45. If an individual has been awarded the Major Prize or Promotion Prize but found to have tampered with any aspect of this competition or engaged in conduct which has resulted in an unfair advantage, that individual must return the Major Prize or Promotion Prize to the Promoter.
46. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any Major Prize will be invalidated. If such an entrant is awarded the Major Prize or Promotion Prize and then found to have breached this clause, the entrant must immediately return any Major Prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant.
47. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any Major Prize will be invalidated. If such an entrant is awarded the Major Prize or Promotion Prize and then found to have breached this clause, the entrant must immediately return any Major Prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant.
48. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached these Terms. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who fails to provide the information requested.

No Disparagement

49. At all times, the entrant to 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 is in any respect a false or disparaging remark or representation about the Promoter, its personnel and/or any of its products or services.
50. Should the entrant breach this clause, the entrant hereby indemnifies the Promoter.

Disclaimers

51. The entrant acknowledges and agrees that if the Major Prize or Promotion Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Major Prize for a Major Prize of equal or greater value, subject to State and Territory legislation.
52. The entrant acknowledges and agrees that any change in value of the Major Prize or Promotion Prize occurring between the publishing date and date the Major Prize is claimed is not the responsibility of the Promoter.
53. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner or qualifier, is unable to satisfy these Terms or has breached these Terms.
54. The entrant 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 Major Prize.
55. The Promoter's decision in relation to any aspect of the Competition is subject to State and Territory legislation but also final and binding on each person who enters.
56. The Promoter has no responsibility to accept late, lost or misdirected entries.
57. The Major Prize and any other giveaways provided by the Promoter are subject to availability, not transferable or exchangeable and, with the exception of cash Major Prizes, cannot be taken as cash.
58. The entrant acknowledges and agrees that Major Prizes will be sent to the winner's nominated address. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for Major Prizes damaged or lost in transit.
59. Major Prize-winners 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.
60. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
61. 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').

Limiting Liability

62. 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 entrant or Qualifier’s participation in the Competition;
- (b) any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
- (c) any theft, unauthorised access or third party interference;
- (d) any entry or Major 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;
- (e) any variation in Major Prize value to that stated in these Terms and Conditions;
- (f) any tax liability incurred by a winner or Entrant; or
- (g) use of the Major Prize.
63. The Promoter (including its' officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this competition including taking or using the Major Prize, except for any liability which cannot be excluded by Law (in which case that liability is limited to the minimum allowable by Law), including any non-excludable guarantees.

Indemnity

64. The entrant agrees to indemnify the Promoter and its officers, agents, partners, directors, shareholders and employees and subcontractors, 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 Promoter arising out of or in connection with:
- (a) any breach of these Terms by the entrant; and
- (b) the enforcement of these Terms.
65. We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information provided during the Promotion Period or otherwise in relation to the competition.
66. This clause survives the termination of this Agreement.

Termination

67. The Promoter reserves the right to suspend or terminate an entrant’s participation in the Competition if an entrant breaches these Terms, as determined by the Promoter in its sole discretion.

Copyright and Trade Mark Notices

68. 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.
69. All material provided by the Promoter, including (but not limited to) online entry 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.
70. 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.
71. 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.
72. 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.
73. This clause survives termination of these Terms.

Privacy Collection Statement

74. Entrants' personal information will be collected by the Promoter in accordance with the Privacy Policy.
75. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically.
76. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy (Privacy Policy) which is located at https://www.toyotires.com.au/privacy-policy. The Promoter's Privacy Policy contains 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 of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with.
77. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, Major 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.
78. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim the Major Prize in the Promotion./li>
79. Personal information collected from entrants 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

80. 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

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

Binding on Successors

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

Force Majeure

84. 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.
85. 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.
86. 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.
87. The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
88. 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):

(a) strikes, lock-outs or other industrial action;
(b) 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;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.

89. 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

90. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
91. 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.
92. In the case of claims against the Promoter, all notices are to be provided to info@toyo.com.au.
93. 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.
94. Once a mediator is appointed, the parties agree that:
- (a) The costs of the mediator shall be borne equally between the disputing parties.
- (b) The chosen mediator shall determine the procedures for mediation.
- (c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
95. 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.
96. 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.
97. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
98. This clause survives termination of these Terms.

Applicable Law

99. 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.

Toyo Tires Kick for Cash On The Road Competition Terms and Conditions