1. INTRODUCTION/& THE PROMOTION
1.1 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.
1.2 These Terms & Conditions apply to the Promotion that 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.
1.3 Where applicable, the Permit Numbers as set out in Item 11 of the Promotion Details
apply to the Promotion.
1.4 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.
1.5 The Promotion is in no way sponsored, endorsed or administered by, or associated
with Yamaha Motor Company (“Yamaha”) and Entrants agree to hold the Promoter
and Yamaha harmless from any claims, loss, or damage.
2. ENTRY
2.1. All entries in the Promotion must comply with these Terms & Conditions (each, an
“Entry,” and together, “Entries”) and each Entry has an equal chance at winning the
Prize.
2.2. Your Entry must be submitted:
(a) during the Promotional Period set out in Item 5 of the Promotion Details;
(b) in accordance with the Entry Requirements & Instructions set out in Item 6 of
the Promotion Details; and
(c) in accordance with the Entry Conditions set out in Item 7 of the Promotion
Details and Item 12 (Other Important Considerations).

2.3. Your Entry will be deemed to be received only when received by the Promoter.
2.4. If you submit an Entry, you warrant that you are an Eligible Entrant as described in
Item 3 of the Promotion Details and acknowledge that if you are not, you may be
disqualified from the Promotion. The Promoter reserves all rights with respect to such
breach.
2.5. You are solely responsible for your Entry, including any costs associated with entering
the Promotion and/or network connectivity.
2.6. 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).

3. You further acknowledge and agree to the following conditions of entry.
3.1. Automated entries, entries which use or in any way incorporate artificial intelligence
or any other simulation of human intelligence or process through the use of a
machine or computer system (collectively, “Artificial Intelligence”), either in the
creation or submission of the entry or as a part of any entry, and/or third-party
entries are prohibited. Any entry that was created by using Artificial Intelligence or
that was created or made by a third party will be void and the Entrant who
submitted such an entry may be disqualified at Promotor’s sole discretion.
3.2. Multiple Entrants are not permitted to share the same email address or social media
account. Any attempt by any Entrant to obtain more than the permitted number of
entries by using multiple and/or different identities, forms, registrations, addresses
or any other method will void all of that Entrant’s entries, and that Entrant may be
disqualified at Promotor’s discretion.
3.3. Normal Internet, phone and usage charges imposed by your online or phone service
may apply. Incomplete, illegible, corrupted or untimely entries are void and will be
disqualified.
3.4. Promotor and its agencies are not responsible for lost, late, incomplete, damaged,
stolen, misdirected or illegible entries; lost, interrupted or unavailable network,
server or other connections; or miscommunications, computer or software
malfunctions, telephone transmission problems, technical failures, garbled
transmissions, damage to a user’s computer equipment (software or hardware) or
other errors or malfunctions of any kind, whether human, mechanical, electronic or
otherwise. Proof of sending or submission will not be deemed to be proof of receipt
by Promotor.
3.5. In the event of a dispute as to the identity of an Entrant, the authorized account
holder of the email address used to enter will be deemed to be the Entrant. The
“authorized account holder” is the natural person assigned an email address by an
Internet access provider, online service provider, Internet service provider or other
organization (which may include an employer) responsible for assigning email
addresses for the domain associated with the submitted address. Potential Winner
may be required to show proof of being the authorized account holder. Entries
specifying an invalid, non-working or inactive email address will be disqualified and
ineligible to win.
4. PRIZE
4.1. 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.
4.2. The Prize may be subject to additional terms and conditions as determined by the
relevant supplier of the Prize and/or the Promoter, including a manufacturer’s
warranty.

4.3. Unless otherwise stated, the Prize cannot be resold, transferred, exchanged,
redeemed for cash for any reason; or used for any advertising, promotion or any
commercial purpose.
4.4. The Total Prize Value set out in Item 4 of the Promotion Details is correct as at the date
of preparing these Terms & Conditions and shall include any applicable GST.
4.5. 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, in its sole discretion, 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 law or regulation. To the fullest
extent of the law
4.6. Where applicable, the Promoter is not responsible for any dispute between Winner
and any person with whom a Winner chooses to share the Prize.
4.7. The Promoter is not responsible for any taxes or 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.
4.8. Redeeming a Prize is conditional on acceptance of the Terms & Conditions of the
relevant Prize supplier. It is the responsibility of a Winner to comply with the terms
and conditions of the relevant Prize supplier.
5. PARTICIPANT CONDUCT & BREACH
5.1. You must not:
a) tamper with the Promotion in any way or at any stage.
b) engage in any conduct that may jeopardise the fair and proper conduct of the
Promotion, including using automatically generated entries or aliases;
c) act in a disruptive, annoying, threatening, abusive or harassing manner; or
d) 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.

5.2. 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).
5.3. 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
and/or you being disqualified from the Promotion, without further liability for the
Promoter and/or its partners.
5.4. The Promoter and/or its partners reserve all rights with respect to any breach of these
Terms & Conditions.
6. PERSONAL INFORMATION AND PROMOTIONS & MEDIA

6.1. Your personal information is directly collected by the Promoter in connection with the
Promotion and is used to:
(a) Conduct the Promotion, which may include supplying your personal information
to the Promoter’s partners and/or suppliers of the Prize;
(b) Provide you with the Promoter’s or partners monthly subscription updates,
which you can unsubscribe from at any time; and
(c) Promote the Promoter and/or the Promotion.
6.2. 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.
6.3. By entering into this Promotion, you agree that the Promoter may store and use your
personal information in accordance with its Privacy Policy.
6.4. 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.
6.5. Except where prohibited by law, as a condition of entry, the Winner and each Entrant
agrees and grants to Promoter (and agrees to confirm that grant in writing upon
request) and its designees the right and permission to use, print, publish, and
broadcast, worldwide in any media now known and hereafter developed, including but
not limited to the World Wide Web, at any time or times, the entry, name (either in
full or in part), portrait, picture, likeness, voice, image (including any photograph and
video), opinions and biographical information (including, but not limited to, hometown
and state, district, province or territory), prize information, quotes attributable to
Winner, and any other elements of Winner’s or Entrant’s persona (together, the
“Likeness”), in any marketing and promotion of any products manufactured,
distributed and/or supplied by the Promoter, for an unlimited period of time and in
such ways or on such social media and internet platforms as Promoter sees fit and the
Winner/Entrant will not be entitled to any additional fee for or notification of such use.
7. LIMITATION OF LIABILITY
7.1. To the fullest extent permitted by law, the Promoter is not liable for any personal
injury or death, losses or damages of any kind to persons or property resulting in
whole or in part, directly or indirectly, from the participation in the Promotion or from
the acceptance, possession, misuse or use of any Prize.
7.2. Without limiting Clause 7.1, the Promoter and its partners, suppliers of the Prize, or
associated companies are 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.

7.3. 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, or act of
God), the Promoter may end, amend or modify, suspend and/or cancel the Promotion,
or disqualify affected Entries, subject to any necessary approval by the relevant
regulatory body (if any).
7.4. Except for any liability that cannot be excluded by law, all Entrants release, and
indemnify and hold harmless the Promoter (including its officers, employees, agents,
and contractors) and all Promotion Entities (“Released Parties”) from and against any
and all liability, injuries, actions, claims, costs, losses, damages of any kind to persons
or property, or expenses resulting, arising out of or in connection with, in whole or in
part, directly or indirectly, from any act, omission, negligence, fraud, wilful misconduct
or breach of these Terms & Conditions by the Entrant, its nominees or agents and the
Entrant or Winner’s acceptance of, possession, use, misuse or attempted use of any
Prize(s) and/or participation in the Promotion or in any Promotion-related activity, or
any claims based on merchandise delivery, publicity rights, defamation or invasion of
privacy, including (but not limited to) loss of income, damage to property and/or
personal injury (including death) whether direct, indirect, or consequential, or
punitive, foreseeable, due to some negligent act or omission or otherwise. The
Released Parties are not responsible if the Promotion cannot be administered or
conducted or any Prize cannot be awarded due to cancellations, delays, or
interruptions resulting or arising from acts of god, war, or terrorism, civil unrest,
strikes, supply shortages, natural disasters, weather, pandemics, epidemics,
compliance with any law or order of a governmental authority, or any other similar act,
event or occurrence beyond the reasonable control of the Promoter.
7.5. 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
Promotion, 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.
8. INTELLECTUAL PROPERTY
8.1. By uploading, publishing, transmitting or making available any data, content or other
material in connection with this Promotion (“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.
8.2. The Entrant warrants and represents that:
(a) it holds all the intellectual property rights to the Entrant Content;
(b) it has the authority and licence to upload, make available and licence the
Entrant Content to the Promoter; and

(c) 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.

8.3. 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.
9. RESERVATION OF RIGHTS
9.1. 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.
9.2. The Promoter may, in its absolute discretion, modify or cancel the Promotion and may
administer this Promotion in the manner that it considers appropriate in accordance
with applicable regional or country’s law, including where the Promotion cannot be
run as planned, including but not limited to situations where there has been infection
by computer virus, bugs, tampering, unauthorised intervention, fraud, technical
failures, interruptions arising from acts of God, terrorism, strikes, regulatory changes,
epidemics, or any other causes beyond the control of the Promoter which corrupt or
affect the administration, security, fairness, integrity or proper and successful conduct
of the Promotion.
9.3. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has,
or is suspected by the Promoter to have:
(a) breached any of these Terms & Conditions;
(b) tampered with the entry process or the Promotion;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair and
proper conduct of the Promotion or the reputation of the Promoter.

10. INSTAGRAM TERMS
10.1. The Promotion is in no way sponsored, endorsed or administered by, or associated
with Instagram or Facebook.
10.2. The Entrant agrees that it releases Instagram and other related entities from any and
all liability to the Entrant arising out of or in connection with the Promotion.
10.3. The Entrant must not:
(a) harass or bully any other person, use offensive language, use language that
defames the Promoter, or use language that negatively impacts or intends to
negatively impact the reputation of the Promoter;

(b) use electronic programs, bots, or similar technology to automatically submit
entries;
(c) use multiple Instagram accounts to enter the Promotion; or
(d) tag other accounts owned or controlled by the Entrant to enter the Promotion
and agrees that it will only tag genuine friends or family in their entry, and the
Promoter reserves the right to disqualify any Entrant or Entry that breaches
these terms and remove any such entries from the Promotion.

11. GENERAL
11.1. The Promotion is in no way sponsored, endorsed or administered by, or associated
with Instagram, Meta, Westfield, or any of their related parties.
11.2. Nothing in these Terms & Conditions restricts, excludes, or modifies any consumer
rights under any statute including the Competition and Consumer Act 2010 (Cth).
11.3. Failure by Promoter to enforce any of its rights at any stage does not constitute a
waiver of those rights.
11.4. If any term or provision of these Terms & Conditions is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and
effect and shall be severed, and the remainder of these Terms & Conditions shall
continue in full force and effect.
11.5. This Promotion is governed by the laws of all Australian States and Territories in which
the promotion is conducted.
11.6. By entering 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.
12. WINNERS LIST: As stated in Item 9, the Winner’s name will be published on the
Promoter’s Site for at least thirty (30) days from the date that the Winner is confirmed,
including their last name, first initial and their postcode. After that, for the Winners’
name, email contact@444racingco.com.

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