The Entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule), and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
Valid and eligible entries will be accepted during the Promotional Period.
Employees (and the immediate family members) of agencies/companies associated with the conduct of the Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Contestant Draw:
The Contestant Draw will take place at Toyo Tyre Australia Pty Ltd, 1a, 2 Culverston Road, Minto NSW 2566, Australia, at 2:00 pm AEST five (5) business days prior to the Round 23 match between the GWS Giants and Fremantle Dockers in the 2024 Toyota AFL Premiership.
The first two (2) entries drawn will be the contestants to compete for the major prize.
Upon being selected, the contestants must nominate all four (4) team members they wish to compete for the major prize. The Entrant must be one (1) of the four (4) team members
A team must consist of four (4) people with at least one team member aged 17 years or below, and do not need to be related.
Contestants must be available and physically present on the Round 23 match in the 2024 Toyota AFL Premiership between the GWS Giants and Fremantle Dockers at GIANTS Stadium, NSW.
The contestants selected from the draw is determined by chance.
All reasonable attempts will be made to contact the contestants.
If an Entrant chooses not to participate (or is unable to), or at the time stipulated by the Promoter, they forfeit their place, and the Promoter may re-draw another Contestant Draw until they are satisfied that all contestants are selected.
The major prize will be issued in the form of a travel voucher to the value of AUD$7,000 to be used towards flights, accommodation, and/or ground transfers to and whilst in Japan.
Any costs and/or expenses over the AUD$7,000 voucher value will be the financial responsibility of the winning Entrant.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
The Entrant must use the travel voucher within twelve months of receiving.
The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the Entrant to access the website or social media platform of entry via their Internet service provider.
Each team will be selected to compete on a specifically designed obstacle course at the GIANTS Stadium and be required to navigate and control an inflatable tyre, from a start position around a marker, and back to the finish position before the opposing team. All care will be taken to ensure both courses are set up evenly to ensure no advantage to either contestant.
The schedule of will occur on the following date at the GIANTS Stadium, NSW:
Date TBC, Round 23, GWS Giants versus Fremantle Dockers, during the ¾ time break.
The Major Prize will be awarded to the team who successfully completes the obstacle course, while rolling the large inflatable tyre, and crosses the finish line first as determined by the on-field adjudicator at the time. The person named in the respective winning entry will be determined the winner.
Any entry that is made on behalf of an Entrant or by a third party will be invalid. If there is a dispute as to the identity of an Entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant or winner.
Both Entrants, including the overall winning Entrant, will receive one (1) set (four tyres) of Toyo tyres for their family vehicle, excluding fitment, wheel balancing and alignments, at their nearest Authorised Toyo Tires Dealer. Value of this prize is estimated at up to AUD$1,500 including taxes and levies.
If for any reason the winner is uncontactable or does not take the prize (or an element of the prize) at the time stipulated by the Promoter, and after several attempts, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
In the event of war, terrorism, pandemic, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify, or suspend the promotion or suspend or modify a prize.
If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
Once the conditions are fulfilled, along with the conditions contained in the rest of these Terms, the Prize itself (or in the case of vouchers, prize confirmations) will be fulfilled by the Promoter within twelve (12) months of the draw.
To validly win the Prize the name on the entrant’s online entry form must the same as the name of the entrant’s valid identification.
The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential 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.
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 prize delivery address and/or proof of entry validity (including phone bill) to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. If a winner cannot provide suitable proof, the winner will forfeit the Prize or Promotion Prize in whole and no substitute will be offered.
The Winner’s involvement in promoting the Competition
In participating in the 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 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 will not be entitled to any fee for such use.
Disqualification
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.
If an individual has been awarded a 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 Prize to the Promoter.
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 prize will be invalidated. If such an entrant is awarded the Prize or Promotion Prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant.
Any entrant 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 the Prize or Promotion Prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant.
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
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 averse 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.
Should the entrant breach this clause, the entrant hereby indemnifies the Promoter.
Disclaimers
The entrant acknowledges and agrees that if the Prize or part of the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation.
The entrant acknowledges and agrees that any change in value of the Prize or Promotion Prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.
The Promoter reserves the right to conduct a redraw if an entrant, claiming to be a winner or qualifier, is unable to satisfy these Terms or has breached these Terms.
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 Prize.
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.
The Promoter has no responsibility to accept late, lost or misdirected entries.
The entrant acknowledges and agrees that 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 prizes damaged or lost in transit.
Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
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
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:
any entrant or Qualifier’s participation in the Competition;
any technical difficulties or equipment malfunction (whether under the Promoter's control).
any theft, unauthorized access, or third-party interference.
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.
any variation in prize value to that stated in these Terms and Conditions.
any tax liability incurred by a winner or Entrant; or
use of the Prize.
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 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
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:
any breach of these Terms by the entrant; and
the enforcement of these Terms.
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.
This clause survives the termination of this Agreement.
Termination
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 Trademark Notices
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.
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.
The trademarks, 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 trademarks (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.
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.
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.
This clause survives termination of these Terms.
Privacy Collection Statement
Entrants' personal information will be collected by the Promoter in accordance with the Privacy Policy.
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.
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.
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, 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.
If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim the Prize in the Promotion.
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
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
An entrant cannot transfer or assign the entrant’s rights in accordance with these Terms, without the Promoter’s prior written consent.
The Promoter’s may assign or transfer the Promoter’s rights and obligations under these Terms at any time.
Binding on Successors
These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
Force Majeure
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.
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.
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.
The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
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):
strikes, lockouts or other industrial action.
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.
fire, explosion, storm, flood, earthquake, subsidence or other natural disaster.
epidemic, pandemic, health emergencies, disease.
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
the acts, decrees, legislation, regulations or restrictions of any Government Agency.
however does not include a lack of funds.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
If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
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.
In the case of claims against the Promoter, all notices are to be provided to info@toyo.com.au.
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.
Once a mediator is appointed, the parties agree that:
The costs of the mediator shall be borne equally between the disputing parties.
The chosen mediator shall determine the procedures for mediation.
The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
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.
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.
Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
This clause survives termination of these Terms.
Applicable Law
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.
