'Hack My Van’ Promotion Terms and Conditions
ELIGIBILITY AND HOW TO ENTER
1. To be eligible, entrants must:
(a) be an Australian resident aged 18 years or over;
(b) be employed by an Australian Registered Company or Business;
and indicating that the entrant:
(c) agrees to these Terms and Conditions;
(d) is at least 18 years of age;
(e) does consent to the Promoter sending commercial electronic messages to the individual (e.g. email, SMS, MMS and IM) in relation to this promotion;
(f) does consent to the Promoter sending direct mail or making phone contact with the individual in relation to this promotion;
2. Registration for the promotion commences at 10:00am AEST on 6th July 2016 and ends at 5pm AEST on 27th July 2016.
3. Employees (and their immediate family members) of the Promoter, Mercedes-Benz Financial Services Australia Pty Ltd and authorised Mercedes-Benz, smart, Freightliner and FUSO dealerships and agencies associated with this promotion are ineligible to enter. Employees of other automotive manufacturers, importers, distributors or retailers are also ineligible to enter. The term “immediate family member” means any of the following: spouse, ex-spouse, de-facto 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 first cousin.
4. Only one entry per group is permitted. If multiple entries are received from the same group, the first eligible entry will be valid and all subsequent entries will be invalid.
5. Groups must consist of two or three people only.
6. Eligible shortlisted groups must attend the ‘Hack My Van’ event at Hells Studios, 32-38 Gwynne Street, Cremorne Victoria 3121, on Saturday 6th August 2016 from 9:00am to 5:30pm AEST.
7. Each individual in the shortlisted groups may be required to sign a Non-Disclosure agreement and Release and Indemnity in a form as determined by the Promoter in its sole discretion on the day of the event.
8. Concepts submitted must be the entrant’s original work. Entries containing obscene, offensive, defamatory, illegal, infringing, inappropriate and or unsuitable content as determined by the Promoter in its absolute discretion will be deemed invalid.
9. Groups may submit 1 idea only, and must not have previously attempted to commercialise the idea.
10. 4 prizes are available to be won in this promotion with a total prize pool value up to $59,179 including GST.
11. The major prize is a new Vito Van 114 Short Wheel Base Automatic Transmission with Driving Assistance Package valued at up to $52,782 Drive Away including GST (depending on the State of residence of the winner).
12. The minor prizes are a HP Sprout Immersive computer, HP 3D Capture Stage and a HP Elite x2 1011 with a combined total value of up to $6,397 including GST (based on manufacturer’s recommended retail prices).
13. All prizes will be awarded to the company and/or registered business owned by or represented by the entrants. For the avoidance of confusion, prizes will not be awarded to any individual entrants and it is up to the company/business that is represented by the entrants on the day to decide how prizes are distributed in case the company/business is successful and receives a prize from the Promoter.
14. The major prize will be awarded, delivered and registered in the name of the company/business that is represented in the promotion by the individual entrants. The major prize will not be awarded and/or registered in the name of any individual entrants. The Promoter will not be responsible for disputes regarding the ownership or use of the major prize and it is the sole responsibility of the company/business that is successful and receives the major prize from the Promoter to determine how the major prize is distributed, shared and/or utilized following the cessation of the promotion.
15. Prizes must be taken as offered. Prizes, or any unused portion of a prize, are non-refundable, not transferable and not exchangeable for cash or services or any of the Promoter’s or prize providers’ other products or services. If a prize (or part of a prize) is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
16. The major prize must be collected from a location nominated by the Promoter in its absolute discretion in Australia (“Collection Point”). The Promoter will endeavour to deliver the vehicle to the winner’s State of residence, however this is not guaranteed. All costs and expenses incurred by the winner in travelling to and from the Collection Point and transporting the Prize from the Collection Point to the winner’s place of residence shall be borne by the winner.
17. Prizes do not include any options, accessories or costs or expenses relating to comprehensive insurance, tolls, petrol, servicing, maintenance, repairs or registration and CTP insurance beyond 12 months.
18. Prizes will be subject to the respective manufacturer’s standard warranty.
19. The Promoter will aim to deliver prizes to winner/s by the end of 2016. On-time delivery cannot be guaranteed due to unforeseen delays.
20. The time and place for delivery of the minor prizes will be as agreed between winner/s and the Promoter, and associated third parties.
21. Winner must retain the major prize for at least 12 months. Winner is prohibited from on-selling or leasing the major prize to third parties within the first 12 months following the collection of prize from the Promoter.
GAME OF SKILL
22. This promotion is a game of skill only and chance plays no part in determining the winner/s.
23. The best concept at the event, in the Promoter’s absolute discretion, shall be the winner. The winner/s will be determined on Saturday 6th August 2016 at Hell Studios, 32-38 Gwynne Street, Cremorne Victoria 3121.
GENERAL TERMS AND CONDITIONS
24. Information on eligibility, how to enter, prizes and draw form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
25. Entrants are responsible for ensuring that any information provided as part of their entry is complete and correct. Incomplete, incorrect, indecipherable, illegible or late entries will be invalid.
26. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice, as well as the ideas, concepts, drawings, models and any material/s submitted (including photograph, video, and/or audio recording) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
27. By entering the promotion, entrants agree and irrevocably consent, and must ensure any company/business they represent in the promotion agrees and consents, to waive the rights to make or bring any claim, demand, action, suit or proceeding arising out of or in connection with any purported or actual infringement by the Promoter or any other person or party of any Moral Rights, as within the meaning defined in the Copyright Act 1968 (Cth), of the entrants or any company/business represented by the entrants, whether such infringement occurs before or after acceptance of these Terms and Conditions and/or participation in the promotion. This clause survives the cessation of the promotion.
28. Winners must produce proof of identity, age, driver’s licence and place of residence and may be required to sign a legal release and indemnity in a form determined by the Promoter in its absolute discretion. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
29. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion and to the extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
30. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of the following: (a) the promotion; (b) any technical difficulties, equipment malfunction, access to or availability of websites and applications (whether or not under the Promoter’s control); (c) any fraud, theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) taking or use of all or part of a prize (including without limitation any loss, damage, injury or death resulting from an accident).
32. If the entrant has consented (opted-in) to receive electronic commercial messages from the Promoter, the Promoter may, for an indefinite period, unless and until otherwise advised by an entrant to the contrary (e.g. through the use of an unsubscribe facility), use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic commercial messages (e.g. email, SMS, MMS and IM) or telephoning the entrant.
33. The entrant releases and agrees to keep the Promoter indemnified and held harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter arising out of the entrant’s: (a) participation in the promotion; (b) taking or use of all or part of a prize; and (c) any claim by a third party arising from an act or omission by the entrant.
34. The Promoter is not liable for any failure to comply with these Terms and Conditions. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is to be severed to the extent necessary without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions, and the rest of these Terms and Conditions remains in full force and effect.
35. These Terms and Conditions constitute the entire agreement between the entrant and the Promoter as to its subject matter. The Promoter’s decision regarding all aspects of this promotion is final and no correspondence will be entered into.
36. The Promoter is Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) of 44 Lexia Place, Mulgrave, Victoria, 3170.