AUS-X Open Sydney – YZ450F Ryan Villopoto a Dirt Bike Promotion

AUS-X Open Sydney – YZ450F Ryan Villopoto a Dirt Bike Promotion

TERMS AND CONDITIONS

Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

This promotion is conducted in connection with the sale of tickets by the Promoter to the AUS-X Open Sydney and a minimum $20 donation to Rural Aid Ltd.

Entry is only open to residents of Australia who meet any minimum age restriction advertised for the Event and are authorised to purchase ticket(s) to the Event.

Individuals aged under 18 years must have the consent of their parent or legal guardian to enter the promotion and their parent or legal guardian must read and consent to these Terms and Conditions and may be required by the Promoter to enter into a further agreement as evidence of consent to the individual aged under 18 years entering this promotion.

The directors, management and employees (and their immediate facilities) of the Promoter and its agencies directly associated with this promotion are ineligible to enter. Immediate family 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.

This promotion commences at 12:01 am (Sydney time) on 01.10.2018 and closes at 11:59 pm (Sydney time) on 09.11.2018.

To receive an entry into the promotion, Entrants must:
i. have validly purchased any one or more ticket(s) to the AUS-X Open Sydney
ii. donated a minimum of $20 to Rural Aid Ltd via (https://www.buyabale.com.au/donate/?supporter_id=97744) using their unique Ticketek ticket number (PAX number)
One entry will be permitted for every $20 donated (e.g. a $100 donation equals 5 entries into the draw)

Entries must be received by the Promoter during by the close of the promotional period (11.59am on Friday, November 09, 2018 – Sydney time). Entries will be deemed to be accepted at the time of receipt and not the time of transmission. Incomplete, indecipherable or illegible entries will be deemed invalid.

Any costs associated with accessing the Promotional Website to enter the promotion are the Entrant’s responsibility and is dependent on the Internet service provider used.

The use of any automated entry 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 draw will take place live during the AUS-X Open Sydney Event on 10.11.2018 at the Qudos Bank Arena, Sydney between 6 and 10 pm, by an independent scrutineer. The Promoter may have additional reserve entries drawn and recorded by the independent scrutineer in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified immediately during the event verbally and in writing and any winner of the prize valued at over $500.00 will be published on the Promotional Website on [11.11.2018] and will remain on the Promotional Website for no less than twenty-eight (28) days. The Promoter’s decision is final and no correspondence will be entered into.

The first valid entry drawn from all entries received will win one YZ450F Ryan Villopoto Race Bike, raced at the AUS-X Open Sydney 2018, valued at up to $12,399. Customized parts might be substituted for standard OEM parts after the race, and fluids will be drained for safety purposes.

If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

The prize is subject to their prevailing prize terms and conditions as advised by the Promoter and/or any applicable prize supplier.

Subject to the unclaimed prize draw, if for any reason the winner does not claim the prize (or any part of the prize) at Yamaha Motor Australia headquarters – 489-493 Victoria St Wetherill Park, NSW by 10.12.2019, then the prize (or that component of the prize) will be forfeited. Any and all components of the prize must be taken together and when offered or are forfeited.

All costs not expressly stated, but which may be incurred in the acceptance of, attendance at and/or participation in the prize are the responsibility of the winner. Such costs may include but are not limited to, travel to and from the Event or any other prize location and/or accommodation at or near the Event or other prize location, and the winner is responsible for their own transport to and from the Event or other prize location and any costs associated.

The winner must follow all directions given by the Promoter, the Event organisers and any other prize suppliers or organisers during the course of their participation in the prize. The Promoter, the Event organisers and any other prize suppliers or organisers expressly reserve the right to eject any winner for age, health or safety reasons or on the grounds of inappropriate behaviour, including but not limited to intoxication, whilst participating in any component of the prize. If any winner fails to participate in the prize in the manner required, as stated in these Terms and Conditions and in the reasonable opinion of the Promoter, their entry and the balance of the prize will be forfeited with no compensation payable.

The Promoter, the Event organisers and any other prize suppliers or organisers reserve the right to require the winner to provide proof of identity, including photo identification, before issuing the prize or at any time during their participation in the prize.

The Promoter, the Event organisers and any other prize suppliers or organisers reserve the right to require the winner to provide proof of their unique Ticketek ticket (PAX) number), before issuing the prize or at any time during their participation in the prize.

Total maximum prize value is up to $12,399. The prize is not transferable or exchangeable and cannot be taken as cash unless otherwise specified. The prize must be taken as offered and cannot be varied and the winner cannot choose their prize unless otherwise specified. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price in Australian dollars including GST.

A draw for any unclaimed prize may take place on 10.02.2018 at the Premises of the Promoter at 12 pm Sydney time, subject to any directions from a regulatory authority. The winner will be published on the Promotional Website on [11.02.2018] and will remain on the Promotional Website for no less than twenty-eight (28) days. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by the 17.02.18. The Promoter’s decision is final and no correspondence will be entered into.

The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age, place of residence and unique Ticketek ticket (PAX) number) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s 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.

In the event of a dispute of the identity of any winner or thier, the winner will be deemed to be the individual who completed the Eligible Activity via the Promotional Website.

As a condition of entering the promotion, Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same), 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.

As a condition of accepting a prize, the winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event any winner is aged under 18 years, the parent or legal guardian who consented to the winner entering the promotion will be required to sign the legal documentation required under this clause on the winner’s behalf.

If the prize (or part of a prize) is unavailable, the Promoter, in its sole discretion, reserves the right to substitute the prize (or that part of the prize) with a prize of equal or greater value in lieu, subject to any written directions from a regulatory authority.

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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest 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.

Nothing in these Terms and Conditions limits, excludes or modifies 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 Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion.

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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised 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 variation in prize value to that stated in these Terms and conditions; (e) any tax liability incurred by a winner or Entrant; (f) if the Event or any other prize event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; or (g) use of or participation in the prize.

The Promoter collects personal information (PI) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to related entities, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://ausxopen.com/privacy-policy/. The Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrants. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their PI, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Entrants’ PI to selected entities outside of Australia (see the Privacy Policy for details).

Promoter: AUS-X Open Pty Ltd (ABN 35 603 859 810) of Level 1, 46 Rouse Street, Melbourne, Vic 3207. Telephone: [03 9646 5759].

Permit No.: New South Wales: LTPS/18/28479; South Australia: T18/1664; Australian Capital Territory: TP 18/01832

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