Terms & Conditions

 

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

2. Entry is only open to NSW, ACT, VIC and QLD residents aged 18 years or over who hold a full Australian motorcycle license.

3. Employees (and their immediate families) of the Promoter and agencies 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 1st cousin.

4. Entries into the promotion open on 15/07/2021 and close at 11:59pm AEST on 14/08/2021 (“Promotional Period”).

5. To enter, individuals must visit https://www.bmw-motorrad.com.au/en/home.html and submit a request for a Test Ride of the BMW R18 during the Promotional Period.

6. Individuals that do not wish to participate in the promotion can contact the Promoter directly and request that they are not entered into the promotion.

7. Only one (1) entry is permitted per person.

8. 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 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.

9. Incomplete or illegible entries will be deemed invalid.

10. If there is a dispute as to the identity of an entract, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 

11. Entries will be divided into the following State/Territory groups according to the entrant’s residential location: NSW, ACT, VIC, and QLD. The draw for each group will take place at Anisimoff Legal, Suite 5 Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on 17/08/2021 at 10:00am AEST, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

12. Winners will be notified in writing by email within two (2) business days of the draw.   Winners’ names will be announced online at https://www.bmw-motorrad.com.au/en/home.html#/filter-al on 24/08/2021.

13. The Promoter’s decision is final and no correspondence will be entered into.

14. The first three (3) valid entries drawn in each of NSW, VIC and QLD and the first two (2) valid entries drawn in ACT will each win a prize. Each prize consists of a test drive of a BMW R18 motorcycle for a period of eighteen (18) days valued at $4000. The prize will still be awarded as per the above, even if the entrant has already taken their initial test drive of a BMW R18. All prizes must be taken by no later than 31 December 2021.

15. Winners will be required to pick up the BWM R18 from their local authorised BMW Motorcycle Dealer as listed in their entry. The Promoter will provide the winner with one (1) full tank of fuel, any additional fuel costs are not included. The use of the BMW R18 is subject to BMW’s standard terms and conditions in relation to test drives and similar arrangements, details of such agreement will be provided to the winner. It is a condition of accepting the prize that the winner signs any such document BMW may require prior to accepting the prize (including but not limited to a deed of release and indemnity). The winner must have a current valid full Australian motorcycle driver’s license (learners and provisional license not accepted) and meet any age requirements. Any tolls, running costs, parking and traffic infringements and like costs incurred during the loan period are the responsibility of the winner.  Any ancillary costs associated with redeeming the prize, including but not limited to, travel to and from the dealership, petrol as required are the responsibility of the winner. 

16. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend, substitute or modify a prize.

17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.

18. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

19. Total prize pool value is $12,000 in NSW, VIC and QLD and $8000 in ACT. Prizes are not transferable or exchangeable and cannot be taken as cash.

20. A draw for any unclaimed prizes may take place on 18/11/2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing by email within two (2) business days of the draw.   Winners’ names will be announced online at https://www.bmw-motorrad.com.au/en/home.html on 25/11/2021.

21. 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.

22. 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.

23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

24. 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, as well as any other implied warranties under the ASIC Act 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.

25. 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; or (f) use of a prize.

26. 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 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://www.bmw.com/en-au/footer/privacy.html  In addition to any use that may be outlined in the Promoter’s 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 entrant. 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 PI overseas, see the Privacy Policy for more details.

27. The Promoter is BMW Australia Limited (ABN11 004 675 129) 783 Springvale Road, Mulgrave VIC 3170, telephone 03 9264 4000.

NSW Authority No. TP/00876 ACT Permit No. TP21/01157

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