TOTAL TYRES AND CAPRICORN MAJOR TRADE PROMOTION 2023

Schedule

Promotion	TOTAL TYRES AND CAPRICORN MAJOR TRADE PROMOTION 2023
Promoter	Total Tyres Australia Pty Ltd ABN 68 086 070 671 Business Address: Level 8, 333 Collins Street, Victoria 3000, AUSTRALIA
Promotional Period	Start Date: 7:00 am AEST 1 September 2023 End Date: 11:59 pm AEDT 31 October 2023
Prize	The Prize for this Promotion is 300,000 Capricorn Rewards Points valued at AUD$3,000 including GST redeemable through the winner’s Capricorn Rewards account. One (1) Prize will be awarded to one (1) winner in each of the five (5) Relevant Regions.
Total Prize Pool	Valued at AUD$3,000 including GST in each of the Relevant Regions.
Relevant Regions	1. South Australia and Northern Territory 2. Western Australia; 3. Victoria and Tasmania; 4. Queensland; and 5. New South Wales and Australian Capital Territory.
Entry Procedure	To enter, Entrants must complete the following steps: 1. Entrants must have an active Capricorn membership with valid membership number, ABN and business name registered with Capricorn Society Ltd ABN 29 008 347 313. 2. Entrants must make a purchase of Total Tyres products at a minimum amount of $500.00 including GST in a single invoice during the Promotional Period (includes tyres, wheels and tubes) (Eligible Purchase).  Entrants who complete the steps above will be automatically entered into this Promotion.  Entrants who make purchases in (or exceeding) multiples of $500.00 including GST in one transaction, will receive one entry per $500.00 purchase. For example: $1,000.00 purchase in one transaction, equals 2 entries.
Entrant	This Promotion is only open to an individual who: 1. is a resident of Australia aged 18 years of age or older; 2. is a member of the “Capricorn Rewards Program”, which is the member rewards program managed by the Capricorn Society Ltd ABN 29 008 347 313 (Capricorn); 3. is not an employee of the Promoter, or any of its related corporations or any of their agencies associated with the Promotion; 4. is not a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee; and 5. has not been discovered to have breached conditions of entry of previous promotions run by the Promoter.
Maximum Number of Entries	Unlimited. Entrants who make purchases exceeding $500.00 including GST will receive one entry per $500.00 purchase, subject to each entry satisfying the Entry Procedure and these Terms and Conditions. For example, $1,000.00 purchase equals 2 entries;; $1,300.00 purchase equals 2 entries.
Draw Details	Draw Date: 5 December 20232 Draw Time: 10:00 am AEDT Draw Location: The Promoter's agency, Anisimoff Legal, 3 Amy Close, Wyong NSW 2259. Draw Method: Electronic random draw There will be a total of 5 winners drawn, with 1 winner to be drawn for each of the Relevant Regions, with Entrants to be divided into the Relevant Region that they made their Eligible Purchase during the Promotion Period.  The Promoter may draw additional reserve entries and record them in order drawn, in case an invalid entry or ineligible entry is drawn. The prize will be automatically delivered to the winners’ respective Capricorn membership accounts.
Privacy Policy	Read More

 

Terms & Conditions

1. Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.

2. Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.

Eligibility & Entry

3. To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.

4. Entrants may enter the Promotion up to the Maximum Number of Entries.

5. The Promoter mayo, in its absolute discretion, disqualify Entrants and declare any or all entries made by an Entrant invalid if the Entrant:

(a) is found to be using multiple aliases, household addresses or email addresses;

(b) acts in a disruptive manner;

(c) fails to establish their entitlement to enter this Promotion to the Promoter's satisfaction; or

(d) fails to produce items as required or produces items that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way.

6. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Prize Draw

7. The draw to determine the winning Entrant (Winner) for the Promotion will be conducted in accordance with the Draw Details. The Prize(s) will be awarded to the Entrant or Entrants (as applicable) randomly drawn in accordance with the Draw Details, provided the Entrant has complied with the Entry Procedure. Where more than one Prize is available, each Winner may only win one Prize.

8. The Winner’s full name and city of origin may be published in a national newspaper, and/or on the Site, or on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram. It is a condition of entry into the Promotion that the Winner consents to the publication of such information and participates in any media releases which may include photographs of the Winner by the Promoter. By entering into this Promotion, Entrants consent to the use of their names and likenesses in this manner.

9. Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).

10. As the Promotion is a game of chance, and subject otherwise to these Terms & Conditions, skill plays no part in determining the Winner and each valid entry will NOT be individually judged. Each entry has an equal chance of winning in each Relevant Region. The Winner will be confirmed by the Promoter. The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.

11. In the event that a Winner’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another Winner.

Prizes

12. The Prize(s) are specified in the Schedule. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH.

13. If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification (less any administrative expenses incurred by the Promoter), subject to any written directions from a regulatory authority.

14. Prizes cannot be sold, 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.

Prize Delivery

15. The Prize will be automatically delivered to the Winner in December 2023 . Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.

General

16. Personal information: The Promoter collects personal information from all Entrants in order to conduct the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Schedule) for more information about how the Promoter collects, stores, uses and discloses personal information, including details about overseas disclosure, access, correction, how Entrants can make a privacy-related complaint and the Promoter’s complaint-handling process. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause and the Promoter’s Privacy Policy.

17. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory legislation (Non-Excludable Guarantees).

18. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms & Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

19. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

(a)     any act or omission of an Entrant;

(b)     any breach of these Terms & Conditions by the Entrant;

(c)     any personal injury or death or property loss or damage;

(d)     claiming the Prize;

(e)     use of the Prize in any way;

(f)      any theft of any Prize or unauthorised access or third party interference in the Promotion;

(g)     any entry or Prize claim that is late, lost, altered, damaged, delayed, corrupted or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or

(h)     any tax liability incurred by a Winner,

except to the extent such liability was caused or contributed to by the Promoter’s negligent act or negligent omission.

20. Liability Release: An Entrant must, if requested by the Promoter, agree to sign and return:

(a) an eligibility form confirming their compliance with these Terms and Conditions and/or eligibility to accept a Prize if drawn (Eligibility Form); and

(b) a liability release, waiver and/or indemnity, in a form determined by Promoter and in favour of the Promoter and/or any person or other entity associated with this Promotion (Releases and Indemnities);

If an Entrant fails to return the signed Eligibility Form and/or Releases and Indemnities, this will result in the disqualification of that Entrant from this Promotion.

21. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

22. Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry. 

23. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

24. Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

25. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.

26. Amendments: If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

27. Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.

28.  Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can't be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.

29. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the Winner) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the Winner), whether oral or in writing.

30. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

31. Last updated: 08/08/2023