INTRODUCTION & THE PROMOTION
These Terms & Conditions are to be read in conjunction with the Promotion Details above. Any capitalised terms used in these Terms & Conditions have the meaning set out in the Promotion Details above.
These Terms & Conditions apply to the Promotion which is conducted by the Promoter. By participating in the Promotion, you agree to be bound by these Terms & Conditions, which constitutes as a legally binding agreement between you and the Promoter.
All decisions made by the Promoter with respect to any aspect of the Promotion are final, and no correspondence will be entered into with you.
ENTRY
All entries in the Promotion must comply with these Terms & Conditions (“Entry”) and each Entry has an equal chance at winning the Prize.
Your Entry must be submitted:
during the Promotional Periods;
in accordance with the Entry Requirements & Instructions; and
in accordance with the Entry Conditions and Other Important Considerations.
Your Entry will be deemed to have been entered only when received by the Promoter.
If you submit an Entry, you warrant that you are an Eligible Entrant. if you are not, you may be disqualified from the Promotion. The Promoter reserves all rights with respect to such breach.
You are solely responsible for your Entry, including any costs associated with entering the Promotion and/or network connectivity.
Where applicable, except for your personal information, the Promoter is the sole owner of all intellectual property in connection with the Promotion (including your Entry).
PRIZE
The Prize must be accepted as offered and claimed in accordance with Item 10 of the Promotion Details, otherwise the Prize shall be forfeited by the Winner. The Promoter will not be liable for any unclaimed Prize under this Clause, and the Promoter is under no obligation to offer an additional or substitute Prize to that Winner.
The Prize may be subject to any additional terms and conditions as determined by the relevant supplier of the Prize and/or the Promoter.
Unless otherwise stated, the Prize cannot be resold, transferred, exchanged, redeemed for cash for any reason; or used for any advertising, promoting or other commercial purposes.
The Total Prize Value is correct as at the date of preparing these Terms & Conditions and shall include any applicable GST.
The Promoter does not accept any responsibility for a variation in the Prize. If any Prize (or part of) is unavailable, the Promoter reserves the right to substitute the Prize with a Prize of equal or greater value and you agree to accept such substitution in writing, subject to any applicable regulation.
To the fullest extent permitted, the Promoter will not be held responsible for the failure to provide the Winner with the Prize or substitute Prize under Clauses 3.5.
Where applicable, the Promoter is not responsible for any dispute between a Winner and any person with whom a Winner chooses to share the Prize.
The Promoter is not responsible for any tax implications and the Winner is solely responsible for the payment of all taxes (if any) in connection with the Prize. It is the Winner’s sole responsibility to seek independent financial advice as they require.
Redeeming a Prize is conditional on acceptance of the Terms & Conditions of the relevant Prize supplier. It is the responsibility of a Prize Winner to comply with the terms and conditions of the relevant Prize supplier.
PARTICIPANT CONDUCT & BREACH
You must not:
tamper with the Promotion in any way or at any stage;
engage in any conduct that may jeopardise the fair and proper conduct of the Promotion, including using automatically generated entries or aliases;
act in a disruptive, annoying, threatening, abusive or harassing manner; or
do anything that may diminish the good name or reputation of the Promoter or any of its related partners, suppliers, entities and/or of the agencies or companies associated with this Promotion.
The Promoter reserves the right, at any time, to require documentation from you to verify the validity of your Entry (including but not limited to your name, age and place of residence).
Any breach of or failure by you to comply with these Terms & Conditions or those imposed by the Promoter’s partners may result in the Prize being withdrawn from you or you being disqualified from the Promotion, without further liability for the Promoter and/or its partners.
The Promoter and/or its partners reserve all rights with respect to any breach of these Terms & Conditions.
PERSONAL INFORMATION AND PROMOTIONS & MEDIA
Your personal information is directly collected by the Promoter in connection with the Promotion and is used to:
- Conduct the Promotion, which may include supplying your personal information to the Promoter’s partners and/or suppliers of the Prize;
- Where you enter the Promotion by signing up to the Sites mailing list or otherwise opt in to receiving marketing comms, provide you with the Promoter’s or partners monthly subscription updates, which you can unsubscribe from at any time; and
- Promote the Promoter and/or the Promotion.
The Winner agrees to participate in promotional activity and consents to the use of the Winner’s name and image in connection with the Promotion, without further remuneration.
By entering into this Promotion, you agree that the Promoter may store and use your personal information in accordance with its Privacy Policy (“Privacy Policy[BD1] ”).
Please visit the Privacy Policy for further information regarding how to seek access or correction of your personal information, or to make a complaint with respect to your privacy. located at https://drive.google.com/file/d/1pHyzYK_ycYt1jiSIWtlPYULGzaWqedKu/view.
As a condition of entry, each Entrant agrees that the Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.
By entering this Promotion, the Entrant acknowledges that in the event of a win their surname and county of residence may be disclosed to persons enquiring, where permitted by law. Any Entrant may object to their information being made available in this way, or may request that the amount of information made available be reduced, by contacting Promoter using the contact details at the end of these Rules. In these circumstances, the entrant acknowledges that Promoter may nevertheless disclose the relevant information, and the entrant’s entry, to the UK’s Advertising Standards Authority (and/or any other competent authority) if required to do so. This may happen where Promoter is required to demonstrate that it has awarded the prizes advertised. To request disclosure of winners’ details, enquirers must submit a request to 444racingco@gmail.com. Details will only be disclosed (if permitted by law) after the Prize has been awarded.
LIMITATION OF LIABILITY
Nothing in these Terms & Conditions limits or excludes the Promoter’s liability for any personal injury or death caused by negligence, for fraud or for any matter for which liability cannot be lawfully limited or excluded. However, to the fullest extent permissible by law, the Promoter will not be liable for: (i) any loss, liability or damage caused by someone other than Promoter or someone acting under Promoter’s direct instructions and in accordance with Promoter’s instructions; (ii) any loss, liability or damage caused by any event or circumstance beyond Promoter’s reasonable control; (iii) any loss of profits or revenue, loss of anticipated savings or loss of goodwill; or (iv) any unavailability of Promoter’s website.
Without limiting Clause 6.1, the Promoter and its partners, suppliers of the Prize, or associated companies is not liable for any incorrect or ineligible submission Entries, failure to claim a Prize, damage or delay in delivery of Prizes, or failure to receive correspondence.
If this Promotion cannot be conducted for any reason beyond the Promoter's control (including but not limited to technical issues, failure, tampering or fraud), the Promoter may end, amend, suspend or cancel the Promotion or disqualify affected Entries, subject to any necessary approval by the relevant regulatory body (if any).
To the maximum extent permitted by law, the Promoter's total aggregate liability to the Entrant under or in any way connected with these Terms & Conditions and the Competition, or the performance or non-performance of these Terms & Conditions is limited to an amount equal to any amounts paid by the Entrant to the Promoter in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.
INTELLECTUAL PROPERTY
By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
The Entrant warrants and represents that:
- it holds all the intellectual property rights to the Entrant Content;
- it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
- the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.
The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.
RESERVATION OF RIGHTS
The Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a Prize. Proof of identification and residency is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the Prize and no substitute will be offered.
Subject to rule 9.4, the Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition.
The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
- breached any of these Terms & Conditions;
- tampered with the entry process or the Competition;
- engaged in any unlawful conduct;
- engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of the Promoter.
GENERAL
The Competition is in no way sponsored, endorsed or administered by, or associated with Yamaha Instagram, Meta, Westfield, or any of their related parties, and to the maximum extent permitted by law, such parties shall have no liability to any person or company in connection with or arising out of the Promotion howsoever caused, including for any costs, expenses, damages and other liabilities. The Competition is in no way sponsored, endorsed or administered by, or associated with.
Nothing in these Terms & Conditions restricts, excludes or modifies any consumer rights under any statute. Further advice about consumer rights is available from any local Citizens’ Advice Bureau (https://www.citizensadvice.org.uk/) or local Trading Standards office (https://www.gov.uk/find-local-trading-standards-office).
Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
This Promotion is governed by the laws of all Australian States and Territories in which the promotion is conducted (subject to any overriding mandatory protections given to eligible entrants by their local laws).
By entering into the Promotion, you accept that any dispute with respect to the Promotion and/or these Terms & Conditions shall be subject to the jurisdiction of the Victorian Courts in Australia.
Please note that we have not reviewed your privacy policy which is outside the scope of our fee estimate.
[EN2]444Racing: If entrants cannot enter via Instagram, we suggest we remove this section.