Instagram Competition – PCSS X alesandroljubicic
Social Media Competition Terms and Conditions
Instagram Competition – PCSS X alesandroljubicic
Promoter
1. Promoter is Porsche Retail Group Australia Pty Ltd (ACN 006 359 459) t/as Porsche Centre Sydney South of 470 Gardeners Rd, Alexandria NSW 2015, Sydney, Australia. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions and the Promoter’s Privacy Policy, which can be viewed at https://www.porschesydneysouth.com.au/Privacy-Policy.
2. Noisy Beast Pty Ltd (ABN: 23 157 868 534) of (4/29 Cromwell Street Collingwood VIC 3066 Australia), telephone 03 8306 3950: is the Promoter’s agent that will be facilitating this competition (“Agency”).
Terms and Conditions
3. Information on how to enter the ‘PCSS X Alesandro Ljubicic’ promotion (“Competition”), the competition period, prize details and other relevant information forms part of these terms and conditions (“Conditions of Entry”).
4. Entry into the Competition is deemed acceptance of these Conditions of Entry and the Promoter’s Privacy Policy which can be viewed at https://www.porschesydneysouth.com.au/Privacy-Policy.. Entrants’ personal information will be dealt with in accordance with the law and the Promoter’s Privacy Policy. Immediately upon submission by an entrant, entries become the sole property of the Promoter.
Who Can Enter
5. Entry is only open to Australian residents aged 18 years or older.
6. Directors and employees of the Promoter and Agency including their immediate families, agencies and companies associated with this Competition are ineligible to enter. Staff working for Porsche Dealers are free to comment and share Instagram posts about the Competition but are not eligible to compete in the Competition for a prize.
7. The Promoter with the assistance of the Agency is responsible for determining whether a person is an eligible entrant in its absolute discretion.
Competition Period
8. The Competition commences on 6 June 2022 at 5:30pm Australian Eastern Standard Time (“AEST”) and concludes on 12 June 2022 at 12:00pm AEST (“Competition Period”).
How To Enter
9. This is a game of skill. Chance plays no part in determining the winner.
10. On 6 June 2022 at 5:30pm the Agency will publish a post on Instagram titled “PCSS X Alesandro Ljubicic” (Competition Entry Post).
11. To enter participants must, during the Competition Period:
- have valid and ongoing access to a non-commercial (individuals only) profile with Instagram; and
- be following @porschesydneysouth on Instagram; and
- in 20 words or less comment on the Competition Entry Post describing where they would take a classic Porsche for the day and why; and
- in the comments section of the Competition Entry Post tag one friend (who will also be following @porschesydneysouth); and
- entrants have the option of sharing the Competition Entry Post with their Instagram Stories for additional visibility.
13. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. The Promotor is not responsible for any technical malfunctions of computer, online or wireless systems, servers or providers, computer equipment, software or other problems resulting from participation or sending or receiving any communication or materials associated with this Promotion.
Entries
14. A valid entry will be deemed to be received at the time when the participant’s comment/s appear in the comments section of the Competition Entry Post on Instagram.
15. The Promoter accepts no responsibility for late, lost, misdirected, indecipherable, incorrect or incomplete entries.
16. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
17. Each entry made by a participant must remain publicly available on Instagram during the Competition Period.
18. The Promoter reserves the right, at any time, to verify the validity of entries and participants (including the participants identity, age 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 these Conditions of Entry, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Errors and omissions will be addressed by the Promoter in its sole 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.
19. If there is a dispute as to the identity of the entrant, the Promoter reserves the right, in its sole discretion, to determine whether the entrant will be allowed to continue participating in the Competition.
20. All entrants must have completed the required steps as outlined in the “How To Enter” section of these Conditions of Entry to participate in the Competition.
Entry Materials and Consent
21. Entries must be the original independent creation of the entrant and be free of any claims, including third party copyright or trademark claims. By entering into the Competition, the entrant immediately provides the Promoter and its related entities an exclusive licence and right to reproduce any intellectual property right in the photos they publish to Instagram, for future promotional, marketing and publicity purposes in any media worldwide without notice for a period of 12 months in relation to the promotion of this Competition and without any fee being paid. In this clause, intellectual property right means all present and future copyright, design, trademark and trade name or other intellectual proprietary rights (including moral rights), or any application for any of the same, and any equivalent rights, whether registered or unregistered.
22. Entrants agree to have their name and state published on the Promoter’s social media channels or website (https://newsroom.porsche.com/en_AU.html) and Instagram.
23. Where a promotion is conducted on Instagram, entrants release Instagram (as applicable) from any liability arising in connection with a promotion. Entrants acknowledge that any promotion conducted via the Instagram platforms is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.
24. Entrants agree that they are fully responsible for any materials they submit for a promotion (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
- content must abide by Instagram guidelines located at: (https://help.instagram.com/478745558852511?helpref=faq_content) and not breach Instagram’s community rules located at: (https://help.instagram.com/477434105621119/?helpref=hc_fnav&bc[0]=Instagram%20Help&bc[1]=Privacy%20and%20Safety%20Center) in any way
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; and
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Judging
25. Valid entries received during the Competition Period will be judged at the end of the competition on 12 June 2022 by the Promoter and Agency remotely or at Level 1, 4/29 Cromwell Street, Collingwood, VIC, Australia, 3066.
26. The prize winner will be determined on 13 June 2022 remotely or at Level 1, 4/29 Cromwell Street, Collingwood, VIC, Australia, 3066.
27. The judges’ decision is final. No discussion or correspondence will be entered into.
28. Entries will be judged by a panel of the Promoter’s and/or Agency’s representatives who will judge the most creative and/or original Competition Entry Post entry. The judging panel will also confirm that all of the requirements outlined in the “How To Enter” part of the Conditions of Entry have been satisfied.
29. The Promoter and Agency representatives may judge or draw additional reserve entries so that in the event an invalid entry or ineligible entrant is selected or drawn (or the winner/s or major prize winner does not take the prize), a new winner will be selected in accordance with these Conditions of Entry.
Winners & Prizes
30. There will be one (1) winner announced on 15 June 2022 via Instagram.
Prize Winner
31. One (1) prize winner : There is one prize to be won, an Alesandro Ljubicic artist illustration being a 150x200cm sized original artwork of the featured an original 911.
32. The prize has a total value up to $21,500 RRP.
33. If 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 any law or regulation.
34. The estimated prize value is based upon the recommended Australian retail prices at the time of printing (inclusive of GST). The winner must claim their prize in person by no later than 30 June 2022 at 5:00PM (AEDT) by visiting Porsche Centre Sydney South to collect the prize. If the winner does not claim the prize by this date, then that winner forfeits all entitlements to the prize and all components thereof. Subject to any direction given under relevant legislation, an alternative winner will be chosen at the Promoter’s office on 5 July 2022 as is necessary to re-award an unclaimed prize. The replacement winner will be notified by phone or in writing within two business days of selection. The replacement winner must claim their prize by visiting Porsche Centre Sydney South in person to collect the prize by 31 July 2022 at 5:00PM (AEDT). If the replacement winner does not claim the prize by this date, then that winner forfeits all entitlements to the prize and all components thereof.
Verification
35. The winner(s) of the Competition will be awarded at the sole discretion of the Promoter and its agency representatives following all the Promoter’s validation and verification requirements being met to its satisfaction. In the event that an entrant or winner cannot provide suitable validation or verification within the time requested by the Promoter, they will forfeit their right to a prize and no substitute will be offered.
Prize Terms
36. The winner is responsible for organising and collecting the prize from Porsche Centre Sydney South.
Prize Details & Prize Restrictions
37. The prize is not exchangeable or redeemable for cash. The prize must be taken as offered or directed by the Promoter and may only be varied at the sole discretion of the Promoter.
38. As a condition of accepting a prize, the prize winner and any companion(s) must sign any usual legal documentation as and in the form required by the Promoter and/or prize providers in their absolute discretion, including but not limited to a release and indemnity deed.
39. Participation in or acceptance of a prize by a prize winner may be subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the prizes (Third Party Terms).
40. Prize participants are responsible for compliance with all applicable Third-Party Terms and bear all risks associated with failure to comply with any of them. The Promoter assumes no liability (and will provide no compensation) to any prize winner and/or companion(s) who, as a result of any failure to comply with any Third-Party Terms:
- are unable to participate in the prize (or any part of it); or
- suffer any other loss or damage.
41. Prize cannot be sold, transferred, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured.
Notification of Winner(s)
Prize Winner
42. The prize winner will be notified in writing via the direct message function on Instagram within 3 days of being selected by the judges.
43. The major prize winner must claim the prize by no later than 3 days from the written notification being sent to them by sending a direct message to @porschesydneysouth on Instagram with their full name, email address, postal address and phone number.
44. If the major prize winner does not claim the prize within the specified timeframe then that winner forfeits all entitlements to the prize and all components thereof.
Unclaimed Prize(s)
45. Subject to any direction given under relevant legislation, any unclaimed prizes may be awarded to an alternative winner selected by the judges as a reserve entry in line with these Conditions of Entry. The alternative winner will be notified in writing via direct message on Instagram.
46. The alternative winner will be sent a direct message via Instagram to coordinate their prize. If the alternative winner does not claim the prize in writing within 2 days of being informed, then that winner forfeits all entitlements to the prize and all components thereof.
Publication
47. The prize winners Instagram handles will be published via an Instagram post by the Promoter or Agency following notification of being a winner via the direct message function on Instagram. By entering the competition prize winner’s consent for their names to be published.
General
48. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to pandemic (including COVID-19), vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any written directions given under any law or regulation.
49. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.
50. The Promoter may vary the Conditions of Entry of the Competition, the entry mechanic or the prizes at any time. The Promoter may cancel or suspend a promotion at any time in its sole discretion.
51. The Promoter shall not be liable for a prize being lost, stolen, damaged or tampered with in any way before they reach the winner or after they have been released to the winners.
52. If the Promoter is unable to provide the winner with a prize, the Promoter reserves its rights to supply an alternative prize of similar monetary value to that prize, subject to any directions given by state and/or territory gaming departments.
53. The Promoter does not warrant that the entry mechanisms will be available at all times during the promotion period.
54. The Promoter (including its officers, employees, contractors and/or representatives) shall not be liable (including for any negligence) for any loss or damage whatsoever which is suffered (including but not limited to direct, indirect, special or consequential loss or damage) or for any personal injury suffered or sustained in any way in connection with accepting any prize, except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. Nothing in these Terms and Conditions alters an individual’s statutory guarantees as set out in the Australian Consumer Law or similar State and Territory laws.
55. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a prize. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. Additional spending money, meals, taxes, insurance (including travel insurance), transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other expenses and ancillary costs are not included.
56. Prize winners must, at the Promoter’s reasonable request, participate in any promotion activity (such as publicity and photography) relating to the winning and fulfilment of a prize, free of charge, and they consent to the Promoter using their name and imagery in any future promotional material related to this Competition.
57. Time is of the essence in these Conditions of Entry. Participants must strictly comply with all time requirements set out in these Conditions of Entry.