- 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 at 9:00am AEDT on the 1st January 2025 and ends at 11:59pm on the 27th January 2025 (“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.
- Prize Draw:
This is a chance draw. There will be six (6) prize winners. They will be randomly selected from the pool of entrants between the specified promotion dates. Entries will be drawn by 2:00pm on Monday 3rd of February 2025 at 1a, 2 Culverston Road, Minto NSW, Australia. The winner will be notified by phone or in writing, within 5 business days of the draw by the Promoter, using contact details provided in their entry.
In the event that a prize remains unclaimed, an unclaimed prize draw will occur at 2:00pm on 24th February 2025 at the same address as the original draw. The unclaimed prize winner will be notified in writing within 2 business days.
All reasonable attempts will be made to contact the contestants.
The prize consists of:
An exclusive opportunity for two (2) individuals to participate in a Sydney Sixers net session and engage in a modified T20 match at a Sydney Sixers training or playing facility in Sydney, NSW, on a date to be determined in 2025 valued at AUD$500.
Two (2) 2024-25 Sydney Sixers signed jersey valued at AUD$500.
Two (2) 2024-25 Sydney Sixers signed bat valued at AUD$500.
The total prize value for this competition is AUD$1,500
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
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.
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.
Disclaimers
The entrant acknowledges and agrees that if the signed merchandise is unavailable, for whatever reason, the Promoter reserves the right to substitute that portion of the prize for a prize of equal or greater value, subject to State and Territory legislation.
The prize includes participation in a net session and a modified T20 match, scheduled for a specific date in 2025 as determined by the Promoter. If the winner is unable to attend on the specified date, this portion of the prize will be forfeited, and no alternative dates, compensation, or substitute prizes will be provided.
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 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 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
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 Trade Mark 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 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.
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 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, lock-outs 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.
