1. General
a. Information on how to enter this competition forms part of these conditions. Entry into the competition constitutes acceptance of these Terms and Conditions (“Terms”).
b. The Promoter is carsales.com.au Pty Ltd, 449 Punt Road, Richmond, Victoria 3121 (ABN 97 670 975 943) (“Promoter”). Phone number (03) 9093 8600.
c. The first promotion period commences at 8:00AM Australian Eastern Standard Time (AEST) on 24 July 2024 and ends at 4:59PM AEST on 24 July 2024, and the second promotion period commences at 8:00AM Australian Eastern Standard Time (AEST) on 25 July 2024 and ends at 4:59PM AEST on 25 July 2024 (each a “Promotion Period”).
d. For the purposes of these Terms, carsales.com.au Pty Ltd includes all related and subsidiary companies, past, present and future officers, agents, representatives, employees and assigns.
e. All prize values are GST inclusive.
f. By entering into the competition, you will be deemed to have consented to the use of your personal information as outlined in clauses 3(g) and 4 below.
2. Entry Requirements
a. Entry is open to all Australian residents who are 18 years or over. Employees of the Promoter and their Immediate Family Members and agencies associated with this competition are ineligible to enter. “Immediate Family Members” means any of the following: spouse, ex-spouse, de-facto, ex-de-facto, 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 (“Excluded Entrant”).
b. For the avoidance of doubt, entrants will not be eligible for entry after the end of the relevant Promotional Period.
c. To enter the competition, entrants must, within a Promotional Period:
(i) have an active Autogate account (i.e. an Autogate account that has been actively used by the entrant in the previous 6 months) and provide evidence of this upon request by the Promoter;
(ii) be one of the first 30 participants to pick an apple from the tree that is situated within the Promoter’s stand at the 2024 AADA Convention; and
(iii) not be an Excluded Entrant;
each an “Eligible Entrant”.
3. Draws and Prizes
a. Entrants are entitled to enter once per Promotion Period based on the criteria set out above.
b. (Pick an apple from the tree for a chance to win a prize) During each Promotion Period, the first 15 Eligible Entrants to pick an apple from the tree that is situated within the Promoter’s stand at the 2024 AADA Convention and which contains the words “YOU WIN” (each a “Winner”) will be entitled to immediately select one card from a bowl as a “lucky dip” style promotion. There will be 15 cards in the bowl including 5 x $100 Eftpos Gift Cards and 10 x $50 Eftpos Gift Cards (each a “Prize”).
c. (Random draw for a chance to win a prize) In addition to clause 3(b), all Eligible Entrants for each Promotion Period will go into a draw to win one carsales Product Pack (which shall also be considered a “Prize”). From the total number of entries received during each Promotional Period, the first randomly selected entry drawn (“Winner”) will receive the carsales Product Pack Prize. The draw for each Promotion Period will be conducted by the Promoter at 5:00PM AEST immediately after the conclusion of the relevant Promotion Period. The carsales Product Pack Prize includes:
(i) Promote credits valued at to $2,000 (including GST) to be applied to the Winner’s Autogate account (limited to one rooftop);
(ii) one Custom Auto Response to be applied to the Winner’s Autogate account; and
(iii) complementary LiveMarket subscription for three (3) months to be applied to the Winner’s Autogate account (limited to one rooftop).
d. The total value of all prizes is $5,102 (including GST).
e. The Promoter reserves the right to verify the eligibility of entrants and the validity of entries at any time and to disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers with the entry process.
f. The Promoter will use reasonable endeavours to contact each Winner by 31 July 2024. Any entrants who are not Winners will not receive individual notification.
g. Each Winner acknowledges and agrees that:
(i) the Promoter may publicise the name of each Winner on the carsales Network and on social media; and
(ii) Winners may be asked to participate in Promoter’s reasonable promotional activities including but not limited to featuring in editorial content on the carsales Network and on social media.
h. Winners should seek their own independent financial advice if they are concerned about any financial or tax implications that may arise from the prize winnings.
i. Prizes are not exchangeable, transferrable or redeemable for cash.
j. Use of each Prize is subject to additional terms and conditions including but not limited to:
(i) in respect of the Eftpos Gift Cards, the terms and conditions of the card issuer;
(ii) in respect of the Promote credits, the terms and conditions contained in the carsales Master Agreement and Promote Product and Services Schedule, where the Promote credits will expire three (3) months from the date of issue;
(iii) in respect of the Custom Auto Response, the terms and conditions contained in the carsales Master Agreement and Custom Auto Response Product and Services Schedule; and
(iv) in respect of the LiveMarket Subscription, the terms and conditions contained in the carsales Master Agreement and LiveMarket Product and Services Schedule noting that the complementary LiveMarket Subscription only applies for a period of three (3) months, and any additional charges in connection with the LiveMarket Subscription such as registration look up fees will continue to apply.
k. If any Prize (or part of the Prize) is unavailable, the Promoter reserves the right to substitute the Prize (or part of the Prize) with a prize of equal value or specification, subject to any written directions given by the appropriate State or Territory Lottery Departments. No responsibility or liability is accepted for any variation in the value of the Prize. The Prize values are in Australian dollars.
l. If for any reason a Winner does not accept any Prize when issued (e.g. where the Winner is not otherwise reasonably contactable through other contact details associated with the Winner’s carsales or Autogate account, or where the Winner advises that they do not wish to accept a Prize) then the Prize will be forfeited.
4. Entries
a. Each entrant’s information is used by the Promoter for the purpose of conducting the competition. The Promoter may disclose the information to a third party for the purpose of providing the Prize, including but not limited to agents, contractors, service providers and, as required, to Australian regulatory authorities in relation to these purposes. Entry is conditional on providing this information. For further information refer to the Promoter’s Privacy Policy.
b. Entrants should direct any request to opt out, access, update or correct information to the Promoter.
5. Warranties
a. The Promoter does not take any responsibility for any costs associated with entering and/or accessing this competition including and not limited to internet service provider costs.
b. If for any reason this competition is not capable of running as planned due to any reason, including unauthorised intervention, fraud, or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right (subject to any applicable law) to cancel the competition or to disqualify any individual who has tampered with the entry process.
c. In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions subject to state legislation.
d. If the Promoter becomes aware that a Winner is in breach of any warranty contained in these terms or made subsequently, the Promoter may deem that Winner ineligible.
e. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability whether direct, indirect, special or consequential, arising in any way out of the competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) 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; (d) any minor variation in prize value to that stated in these terms; (e) any tax liability incurred by a Winner or entrant; (f) redemption of the Prize; (g) any use or handling of the Prize by the Winner and/or (h) delays, disruptions or cancellations.
f. To the extent permitted by law, each entrant hereby indemnifies and holds harmless the Promoter for all claims, loss, or damage arising out of its breach of law or breach of these Terms except to the extent such loss or damage is caused by the Promoter.
6. Disputes
If you have a complaint regarding these Terms, you may contact the Promoter by email at legal@carsales.com.au. The Promoter will endeavour to deal with it comprehensively and reach an outcome with which all parties are satisfied. If you remain unsatisfied, you may lodge a complaint with the relevant state regulatory body governing trade promotions.