Carsales Melbourne EV Show 2023 Win a FONZ Electric Scooter Promotion
TERMS AND CONDITIONS
[WINNER – L. Frier, VIC]
1. The promoter is ABF Group, 25 Claremont St, South Melbourne VIC 3141. The participant to the promotion is FONZ ABN69146454113. FONZ HQ, 9/37 O’Riordan St, 2015 NSW
2. To be eligible, entrants must be:
(a) 16 years of age or over.
(b) residents of Australia; and
(c) Have purchased MEVS ticket at ticketmaster website and answered the questions.
3. Entry into the Promotion commences on 6 September 2023 at 12.01AM AEST and closes 23 September 2023 at 11.59PM AEST
4. The Winner will be determined by 10AM AEST on Sunday 24 September 2023 by MEVS staff.
5. The Winning entry will be chosen based on correctly answering the first question and by their creativity and depth of response in answering the second question.
6. The judges decision is final, and no further correspondence will be entered into.
7. To enter, entrants must
a. Purchase a ticket/s to the carsales Melbourne EV Show 2023 from the Ticketmaster website https://www.ticketmaster.com.au/melbourne-electric-vehicle-show-tickets/artist/3028877) and answered the following questions:
5a. What does FONZ do? (dropdown list)
i. Sell Electric cars
ii. Make Electric motorbikes and scooters
iii. Install Home solar systems
5b. What would you like to see at the carsales Melbourne EV Show 2023 and why? (200 characters or less)
8. Multiple entries permitted
9. Number of Winners One (1)
10. The winner will have their details published via the following platforms within 48hrs after the Determination Date:
a. the FONZ and MEVS Website
b. via a Facebook post by the Promoter FONZ Moto
c. via an Instagram post by the Promoter FONZ Moto
11. The prize for the winning entrant is a Limited Edition 2024 Arthur in Metallic Billett Silver with Indian Pony leather saddle delivered to any Australian capital city (total value $8,250). The prize will be delivered within 10 to 12 weeks.
12. Total Prize Pool is valued at AU$8,250 excl. ORC
13. The winner will be contacted a minimum of 3 times prior to the Unclaimed Prize Date. If a prize is unclaimed by the Unclaimed Prize Date, the Promoter will:
d. On the Unclaimed Prize Date, notify the original Prize winner that the Prize is unclaimed;
e. award the Prize to the entrant/s who is drawn next; and
f. notify the Unclaimed Prize winner at least 48 hours after the Unclaimed Prize Date that the Prize has been reallocated as it was unclaimed.
14. The unclaimed prize date is 12:00PM AEST 3 October 2023
15. Each entrant agrees that, by entering the Promotion, they may be contacted by the Promoter or FONZ via email or phone to hear about their latest news and offers. Each entrant agrees that their personal information will be used and disclosed in accordance with the Promoter’s privacy policy, available here: https://abf.events/privacy-policy/. Each entrant acknowledges that this Privacy Policy contains information about how to access or seek correction of personal information, how to complain about a breach of the Australian Privacy Principles and how the Promoter will deal with a complaint of that nature.
16. The Prize Supplier is Fonz Moto Pty Ltd
GENERAL TERMS AND CONDITIONS
TERMS OF ENTRY
1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
PROMOTION
5. The Promotion is conducted by the Promoter.
6. The Promotion is a game of skill.
ELIGIBLE ENTRANTS
7. Entry is open only to residents of the Eligible Locations who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties (or of its resellers) are ineligible to enter.
8. In the event entrants under the age of 16 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
9. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
10. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.
ENTRY
11. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date (the Promotion Period).
12. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
13. Each entrant warrants that:
a) they will fully indemnify the Promoter and against any loss or damage suffered by the Promoter:
i. in the event that any of the information given by the entrant are false;
ii. Because of any breach of these Terms and Conditions by the entrant; and
14. Entries are deemed received at the time of receipt by the Promoter. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
15. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used.
16. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.
17. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions.
18. By entering the Promotion, the winner agrees that:
a) if requested by the Promoter or Relevant Parties, the winner will:
i. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and
ii. participate in all promotional and publicity activity in connection with the Promotion;
b) the Promoter and Relevant Parties may use their name, image, location, comments, photographs, or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner or any other person;
c) the Promoter and Relevant Parties may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
d) the Promoter and Relevant Parties may license, authorise or otherwise transfer the rights in the Materials to others (including Related Parties) to do the same; and
e) the winner unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.
19. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.
WINNERS
20. There will be one determined from all entries received during the Promotion Period who will receive a Prize.
21. The winner will be determined on the Determination Date by the Promoter at 25 Claremont St, South Melbourne VIC 3141.
22. The Promoter’s decisions are final and no correspondence will be entered into.
23. The winner will be notified by phone/email within two (2) days of the Determination Date.
24. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date.
PRIZE
25. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
26. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter and Relevant Parties take no responsibility for any variations in the Prize values.
27. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter and Relevant Parties accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
28. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
29. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner including but not limited to on road costs.
30. The Prize must be claimed by the winner by the Unclaimed Prize Date. In the event that for any reason whatsoever the winner does not take the Prize at the time stipulated by the Promoter, the Prize will be forfeited by the winner.
31. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
32. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
33. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
34. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
35. The Prize cannot be used in conjunction with any other discounts or special offers.
36. The Prize will be awarded to the winner in the Promoter’s sole discretion.
37. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize.
GENERAL
38. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
39. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
40. It is the entrant’s responsibility to ensure that they are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize.
41. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
42. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner or engages in conduct that may bring the Promoter or Promotion into disrepute; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
43. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any
Entrant in connection with the Promotion or the Prize, including:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
44. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion.
45. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner agree to be bound by such terms and conditions. The Promoter and Relevant Parties do not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
46. Except for any liability which cannot be excluded by law, the Promoter and Relevant Parties are not responsible for:
a) any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
c) any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
47. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
48. The Promoter and their associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
49. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments.
50. All entries become the property of the Promoter.
PRIVACY
51. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in relevant Privacy Policy.
52. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and or Relevant Parties (as applicable) and to be contacted by the Promoter or any of the Related Parties and Relevant Parties (as applicable) in relation to this Promotion.