BMW Competition Terms & Conditions
Hodges – BMW Competition Giveaway Terms & Conditions
|Promoter Name||Hodges Franchise Pty Ltd (71 095 410 352) of Level 1/251 Bay St, Brighton VIC 3186, trading as a real estate franchise under the Hodges Real Estate network across Victoria.|
|Promotional Period||Opens||The competition opens on September 20, 2021.|
|Closes||The competition closes at 11.59pm February 28th, 2022.|
|The Promoter may amend the Promotional Period due to lockdown restrictions.|
|Entry Restrictions||Entrants must be at least 18 years or older. Employees of Hodges including their family & friends are excluded from entering.|
|Entry Procedure||To enter, entrants must list using a standard authority to sell. The entrants must pay standard marketing appropriate for selling their property.|
|Maximum entries||Entries are capped at one competition entry per property sale. Entrants can enter multiple times.|
|Finalists Pre-Draw Details||The Promoter will conduct a random computerized draw or manual barrel draw of 50 eligible entrants to determine finalists. The draw will be conducted by the Promoter at a date and time as published on the Hodges Real Estate website & social media accounts (Facebook/Instagram/LinkedIn)|
|Pre-Draw Finalists||Finalists will be notified by email or by telephone within five (5) working days of being determined or at the time of
Please note that the Promoter may contact entrants, including by direct personal message on the Social Media
Platform, to provide instructions for the entrant to follow to verify their entry and eligibility. A time period may be applied.
This does not indicate that an entrant is a winner.
|Final Draw Details||The Promoter will conduct a manual barrel draw of all eligible entrants to determine the winner. The draw will be conducted by the Promoter at a date and time as published on the Hodges Real Estate website & social media accounts (Facebook/Instagram/LinkedIn)|
|Notification of Winner||Winners will be notified in person, by email or by telephone within two (2) working days of being determined or at the time of winning.|
|Publication details||Winner(s) will be published on the Website & social media (Facebook/Instagram/LinkedIn) within two (2) working days of being determined.|
|Prize Claim Details||Prizes must be claimed at the time of notification, or as otherwise specified by the Promoter.|
|Unclaimed Prize Arrangements||If a prize is unclaimed, the Promoter reserves the right to re-award the prize in accordance with these Conditions of Entry.|
|Prize Details||1 x BMW X1 sDrive18i 2021
Valued at $61,852.Prize subject to the terms and conditions imposed by the prize provider. Prize winners’ details may be provided to a prize provider for the purposes of prize fulfilment.
|Prize Restrictions||As per conditions of entry. The prize is not redeemable for cash. The prize is not transferable|
Conditions of entry
- Instructions and information on how to enter form part of these Conditions of Entry. Participation in this Promotion (including by a companion) constitutes acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. The resolution of any discrepancy between these Conditions of Entry and/or the Schedule and/or the advertising of the Promotion will be undertaken by the Promoter in its absolute discretion. All decisions and actions of the Promoter relating to the Promotion or redemption of the Prize are exercised at the Promoter’s absolute discretion and are final. No discussions or correspondence with entrants or any other person will be entered into.
- The Promoter may vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any entrant, contestant or other person. The Promoter will not award any Prize if the Promotion is terminated for whatever reason. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority.
- Promotional Period: The Promotion will be conducted on/between the dates specified, during the Promotional Period.
- Entry Restrictions: Eligibility to enter the Promotion is subject to the Entry Restrictions.
- Ineligibility: Should an entrant be deemed by the Promoter to be ineligible; the entrant may not participate further in the Promotion. All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard. Unless otherwise stipulated in the Schedule, the following persons are automatically ineligible to enter:
- Directors, management, employees, officers and contractors of the Promoter and those of any agencies or suppliers directly associated with this Promotion.
- The immediate family members of the above persons. “Immediate family member” means spouse, parent, natural or adopted child and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
- Entry Procedure: To enter the Promotion, entrants must complete the Entry Procedure and comply with all other applicable requirements during the Promotional Period. Entries will be deemed to have been received at the time of receipt by the Promoter. Ineligible or late entries will be deemed to be invalid. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible / inaudible entries (including lost, stolen, forged, defaced, or damaged proof of Entry or verification requirements).
- Throughout the Promotional Period the Promoter may contact entrants to discuss their entry or to interact with entrants online, on a social media platform or elsewhere, in relation to the Promotion. This does not form part of any judging process, nor does it indicate that the entrant is a contestant, finalist, or winner. During a Promotional Period, there may be separate contesting days or segments as stipulated, broadcast, or published.
- Maximum Entries: Entrants can enter the Promotion up to the Maximum Entries. Unless stated otherwise in the Schedule, an entrant can only win once during the Promotional Period. Entries must be submitted separately, and each Entry must individually meet the entry requirements and be subject to the Entry Restrictions.
- Games of Chance: If the Promotion involves an element of chance, the Promotion will be conducted in accordance with any Draw Details as specified.
- Entry Publicity: By entering the Promotion, all entrants consent to their entry and/or other communications with the Promoter being broadcast on air and communicated to the public via any medium. Entrants will not be compensated for this use. It is a condition of entry that the Promoter has the right to publicise, broadcast and communicate to the public the names, characters, likenesses or voices of entrants for any promotion or matter incidental to the Promotion.
- Contact: If an entrant or winner is not successfully contacted in a telephone call or attempted telephone call by the Promoter in relation to participation or entry in the Promotion (including where a third party answers the telephone on the entrant’s or winner’s behalf), that entrant may be disqualified and a replacement entrant or winner (whichever is applicable) selected by the Promoter.
- Technical problems: The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or other circumstance or thing preventing entrants from successfully submitting an entry, or for any injury or damage to an entry or to an entrant’s or any third party’s computer resulting from participation in or downloading any materials in relation to this Promotion.
- Invalid Entries: The Promoter may, in its sole discretion, declare any or all entries invalid, or prohibit further participation by an entrant (and/or their companion, if relevant) in this Promotion or a prize event or activity if in the Promoter’s opinion the entrant (or any companion of the entrant, as relevant):
- Disrupts, annoys, abuses, threatens, harasses, is (or becomes) intoxicated, aggressive or offensive or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion or any prize;
- Engages in conduct in relation to this Promotion which is misleading, deceptive, unlawful, fraudulent or damaging to the Promoter’s or any prize provider’s goodwill or reputation; or
- Does not comply with any reasonable direction or guideline notified to them in connection with the Promotion or a prize event or activity.
- Unclaimed Prize: Where an entry is deemed invalid (at the Promoter’s absolute discretion) the Promoter may determine a new winner in accordance with any stated Unclaimed Prize Arrangements. Any prize unclaimed after the date stated in the Prize Claim Details will be forfeited subject to state/territory regulations.
- Verification Checks: The Promoter or its representatives may conduct security or verification checks in their absolute discretion to determine or confirm an entrant’s eligibility to enter the Promotion or to win a prize.
- Assignment of rights in Entry: By submitting an Entry to the Promotion, the entrant licenses the Promoter to use the Entry Content in any manner the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, in perpetuity, without payment to the entrant (of royalties, compensation or otherwise). Entries become the property of the Promoter. Once submitted, no changes to or withdrawal of an entry will be permitted. Entries will not be returned by the Promoter.
- Intellectual Property and Moral Rights: By entering this Promotion, the entrant: (a) consents to any dealings with their Entry Content that may otherwise infringe their moral rights in an entry; (b) agrees not to assert any moral rights (wherever and whenever such rights are recognised) in respect of their entry or publicity materials containing any part of their entry, against the Promoter, its assigns, licensees and successors in title; and (c) undertakes to the Promoter that their entry is not in breach of any third party intellectual property rights.
- Publicity: Entrants (and their companions, as relevant) may be required by the Promoter to participate in photo, recording, video or film session(s), and they grant the right to use such publicity materials in any medium (including, without limitation, the internet) to the Promoter to use in any manner it sees fit.
- Prize Details: All prize(s) will be awarded as specified in the Prize Details. If a prize is unavailable for any reason the Promoter, at its discretion, may substitute for it another item of equal or higher value. The Prize(s) are subject to any Prize Restrictions and any requirements of relevant state authorities. Each Prize or part thereof is subject to availability, non-transferable and non-exchangeable, must be used on any dates specified in these Conditions of Entry or as stipulated by the Promoter or prize provider and is not redeemable for cash unless cash is specified. The Promoter will not be responsible or liable if for any reason beyond its reasonable control any element of any prize is not provided. The Promoter will not be liable for any damage to or delay in delivery of any prize, or for any compensation in relation to any prize.
- Prize Values: The Total Prize Pool is specified in the Schedule. Prize values are generally the recommended retail value as provided by the prize provider, are in Australian dollars, include GST (unless otherwise stipulated) and are correct at the time of preparation of these Conditions of Entry. The Promoter accepts no responsibility for any tax implications that may arise from winning any prize. Independent financial advice should be sought. The Promoter takes no responsibility for variations in the value of any prize.
- Alcohol: Should any prize include an event at which alcohol will be served, participants must be aged 18 years or over. Minors are not permitted to attend the prize event. All prize winners and their companions must carry valid photo identification with them at all times during the prize event. If alcohol is made available as part of the prize at the prize event, it will be served in accordance with the principles of responsible service of alcohol as exercised by the staff and management of the premises at which the prize event takes place. The premises staff and management reserve the right to refuse service of alcohol to any prize winner or their companions should they be deemed to be intoxicated.
- Set-up of Prizes: If a prize requires installation, set-up, ongoing mobile or data plans, or any other ongoing arrangements, care or costs, the relevant winner/companion is responsible for these arrangements.
- Minors: Entrants under the age of 18 years must have parent or guardian consent to enter the Promotion. If any participant in a challenge or activity conducted in connection with this Promotion is under 18 years of age, a parent or legal guardian of that person must be present for the duration of that event. The Promoter reserves the right to stipulate that entrants, winners and/or companions must be aged 21 or over in suitable instances where applicable.
- Claiming Prizes: The Promoter may require prize winners to provide proof of identity, proof of residency and proof of entry validity (Evidence) in order to claim a Prize. The suitability of Evidence supplied is at the Promoter’s discretion. In the event that a prize winner cannot provide suitable Evidence, the prize winner will forfeit the prize and no substitute will be offered. If a prize winner does not redeem any element of a prize, that element of the prize will be forfeited by the prize winner and cash will not be awarded in lieu of that prize or any part of it.
- Notification & Publication of Winners: Prize winners will be notified in accordance with the Notification of Winners. Prize winners’ names and state or territory of residence will be published as specified in Publication Details. The Promoter and the agencies associated with this Promotion may also publish the name of the winners on the Website(s) or Social Media Platform(s). By entering, entrants request that their full address not be published.
- Proxy: If the Promoter has expressly stated that a proxy can attend an event related to the Promotion on behalf of an entrant or winner, the entrant must provide all details to the Promoter and otherwise comply with all instructions of the Promoter regarding the proxy. Entrants/winners who nominate a proxy accept all decisions made by the proxy. For the purposes of these Conditions of Entry (and the Schedule), all references to an entrant/winner will also be deemed to apply to that entrant’s/winner’s proxy, as relevant. The proxy must:
- comply with any requirements specified by the Promoter including age, location, availability, etc.; (b) accept and agree to be bound by these Conditions of Entry (& the Schedule) and any additional conditions provided by the Promoter or prize supplier/s and must sign any document the Promoter requires for this purpose; and
- accept that they will not receive any prizes on behalf of any prize winner.
- Liability: The Promoter and its related bodies corporate, contractors and agencies associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation that caused by any person’s negligence) relating to this Promotion or the awarding or redemption of any prize except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
- Australian Consumer Law: A prize winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These rights include a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods supplied will be of acceptable quality. These Conditions of Entry do not exclude, restrict or modify those statutory rights in any way. However, to the extent it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than those contained within the Australian Consumer Law, regarding the quality and suitability of any prize and will not be responsible for breach of any such terms.
- Social Media: If any part of the Promotion is run on social media, entrants release the Social Media Platform(s) and its/their associated companies from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform; (b) any information provided by the entrant in connection with the Promotion is provided to the Promoter and not to any Social Media Platform; and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to any Social Media Platform.
- Privacy: The Promoter collects the personal information that entrants provide for the purpose of administering the Promotion. The Promoter may also use entrants’ personal information in advertisements, publications, media statements and other promotional material associated with the Promotion, and to contact them by electronic messaging (including email and SMS) for marketing purposes, including notifications about future promotions and special offers regarding the Promoter’s products and services.
- Disclosure of Personal Information: The Promoter may also disclose entrants’ personal information to its related bodies corporate, contractors and agencies connected with this Promotion, any prize provider and relevant authorities in the relevant state for the purposes of administering the Promotion, marketing and publicity.
- COVID-19: The novel coronavirus (COVID – 19) has been declared a worldwide pandemic. Entrants/winners/companions who undertake travel, or attend an event, associated with the Promotion/prize acknowledge the contagious and unpredictable nature of COVID – 19 and participate in a travel prize or attend such event at their own risk in light of their own personal circumstances. The Promoter is not responsible for any consequences arising as a result of an entrant/winner/companion’s decision to participate in a travel prize or attend an event associated with the Promotion/prize (for example, any quarantine requirements or border restrictions that may subsequently be imposed by a government authority in respect of the prize/event location).