BMW Motorrad GS Safari Social Media Competition

1. 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. 

2. The Promoter is BMW Australia Limited (ACN 004 675 129), 783 Springvale Road, Mulgrave VIC 3170, telephone 133 269 (“Promoter”).

3. Entry is open to residents of Australia aged 18 and above.

4. 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 1^st cousin.

5. Entries into the promotion open at 10:00am AEST on 11/04/2022 and close at 10:00am AEST on 13/04/2022 ("Promotional Period").

6. Eligible individuals may enter the Promotion by:

    a) Posting an image on Instagram depicting the poster engaged in motorcycle riding activity;

    b) Tagging the image with the tag @BMWMotorradAus & @BMWSafari

Each individual who does so is an Entrant. There is no limit on number of entries.

7. By posting an image as a potential entry, the Entrant represents and warrants that it is the image’s owner or has the right to use the image for the purposes of an entry in the Promotion.

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 whether the entrant received an Invitation) 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. Duplicate, incomplete or indecipherable entries will be deemed invalid.

10. Posted images that depict riding activity or behaviour that is, in the Promoter’s opinion, unsafe, illegal or potentially unsafe or illegal are not permitted as entries and shall be deemed invalid.

11. 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.

12. This promotion is a game of skill. The winner will be determined by the Promoter’s appointed judge(s) at 12pm on 13/04/2022 at the Promoter’s offices, or, if this is prevented by government orders or regulations affecting freedom of movement and gathering that apply from time to time:

    a) in the case that a single judge is appointed by the Promoter, at the ordinary place of work of that person; or

    b) in the case that more than one judge is appointed by the Promoter, through an electronic meeting (teleconference or video conference) of judges.

13. Winners will be determined by the judge(s) based on the “most extravagant” entry. 

14. The winners will be notified in writing via Instagram message within three (3) business days of the judging.

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

16. The prize for the Promotion is a pair of PaceDry gloves. Value of the prize is approximately $200. The prize will be posted ot the winner free of charge. 

17. The prize voucher may be redeemed by contacting 1800 000 269 or info@bmw.com.au.

18. Total prize pool value is $200. A prize, or any unused portion of the prize, is not transferable or exchangeable for cash.

19. Winners must contact the Promoter after being notified that they have won a prize to claim the prize.  If a winner fails to do so before 13/06/2022, they will forfeit their prize and the Promoter will award the prize in order to the next best entrant in accordance with the judging criteria (and thereafter notify that Entrant that they have won a prize, in accordance with clause 12 of these terms and conditions).

20. All entries become the property of the Promoter, and by entering each entrant assigns all Intellectual Property Rights in their entry to the Promoter and waives all moral rights (as defined by the Copyright Act 1968 (Cth)) relating to their entry.  Entrants consent to the Promoter using their entry, name, testimonial, 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.  In these Terms and Conditions, “Intellectual Property Rights” means any and all patents, patent application, know how, trademark, trademark applications, trade names, registered designs, copyright, database rights or other similar intellectual property rights.

21. 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.

22. Any cost associated with entering the Promotion is the entrant’s responsibility and, in the case of online entry, is dependent on the Internet service provider used.

23. 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 and Related Bodies Corporate) 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 or the redemption or use of any prize.

24. 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 the prize.

25. 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, and prize suppliers. 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.au/en/footer/footer-section/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. Unless otherwise specified by the Promoter, the Promoter may disclose entrants’ PI to entities outside of Australia (see Promoter’s Privacy Policy for details). 

26. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or any other business operated by Meta Products Inc., (Meta). By entering, Entrants confirm that they are 18 years of age, and release Meta (and its affiliated companies) of any responsibility in connection with the Promotion, and agree to the Instagram Services’ terms of use available at Instagram.com.