TERMS AND CONDITIONS POLICY
TERMS AND CONDITIONS POLICY
Trade Promotion
1. Competition Name: Car Part Pack Trade Promotion
2. Promoter: Pro-Fab Racing Promotions Pty
Ltd, ABN: 49672381887 of 3/20 Hossack Ave, Coburg North, VIC 3058.
3. Entry Requirements: Entrants must be at least 18 years
of age or if the entrant is under the age of 18 years old, they must have a
parents or guardians consent to enter the Trade Promotion and must purchase a
Digital Pack on www.profabracingpromotions.com.au
4. Maximum entrants: 5,000.
5. Number of winners: There will be 3 Winners (1st, 2nd and 3rd).
6. Territories: Australia-wide, excluding
South Australia.
7. Promotion Period: Trade Promotion commences
9:00am 1/12/23 and ends at 11:59pm
on 20/2/24 (AEST).
8. Prizes: One (1)
·
6boost/Killaboost of the shelf entry level manifold of your choice
(engine)
·
Turbosmart wastegate of your choice (up to 50mm mechanical)
·
Turbosmart Fuel Pressure Regulator of your choice (up to fpr2000)
·
Garret Turbo of your choice (no bigger than G42)
·
Haltech Elite 1500 + Premium Universal Wire-in harness kit
·
Aeroflow Fuel rail of your choice (engine)
·
Bosch injectors of your choice (size, no bigger than 1650cc and max 8
injectors)
Two (2)
·
$1500 Platinum Racing Products Gift Voucher
Three (3)
·
$500 Tuners Edge Gift Voucher
All Prizes are estimated to be no more than $20,000. The Prize must be
taken as stated. The Prize is not exchangeable for other goods or services. Any
additional expense incurred as a result of winning this prize is the
responsibility of the Winner.
1. Prize date and selection of
Winner: Entries purchased online will enter a computer-based database where the
draw will be executed via a computer-generated draw at 342-348 Springvale Rd, Forest Hill VIC 3131. Winners will be randomly
drawn live on our Facebook Page 7:00pm on 21/2/24 (AEST).
2. Publication of Winner: Winner will be announced via
livestream on 7:00pm
on 21/2/24 (AEST). They will be contacted via phone call during the livestream and
followed up with text message after livestream has ended on the same day.
Winner will also be published on our socials on the 7:00pm on 21/2/24 (AEST). after the draw (Instagram and
Facebook).
3. Winner eligibility: To be eligible to win, the
Entrant’s details provided to us must contain correct and accurate information.
Direct family and workers of Pro-Fab Racing Promotions PTY LTD are not eligible
to win. Only claimable to the person named on the purchase. Proof of identity
and residential address must be supplied upon claiming.
4. Prize Delivery: Transport costs will be
paid by Pro-Fab Racing Promotions PTY LTD subject to availability. Delivery
will be made to winners address of choice within Australia subject to delivery
being available in their area. If we are unable to deliver directly to the
winner’s door e.g. In remote areas, we would deliver to the nearest depot or
winner can opt to pick up the car from our office. It is a requirement when
receiving/collection of the prizes that a photo must be sent to Pro-Fab Racing
Promotions PTY LTD within 14 days of prize announcement.
5. Agreement: Information on how to enter and
information provided above form part of these terms and conditions and by
entering into this Trade Promotion, each Entrant is deemed to have accepted and
understood these terms and conditions. The Entrant agrees that these terms and
conditions constitute all of the terms and conditions between the Entrant and
Pro-Fab Racing Promotions governing this Trade Promotion.
6. Complications: If for any reason any
aspect of this Promotion is not capable of running as planned, including by
reason of computer virus, communications network failure, bugs, tampering,
unauthorized intervention, fraud, technical failure or any cause beyond the
control of Pro-Fab Racing Promotions PTY LTD, Pro-Fab Racing Promotions PTY LTD
may in its sole discretion cancel, terminate, modify or suspend the Promotion
and invalidate any affected entries, or suspend or modify a prize, subject to
Australian State or Territory regulation.
7. Digital Packs:
·
Bronze – 1 digital photo, 1 free entry, $10
·
Silver – 2 digital photos, 3 free entries, $20
·
Gold – 3 digital photos, 10 free entries, $35
·
Platinum – 4 digital photos, 25 free entries, $50
Entering
1. To enter, Entrants must meet all
of the Entry Requirements to enter the Trade Promotion as set out above. The
Entrant warrants and represents to the Pro-Fab Racing Promotions that it meets
all of the Entry Requirements.
2. The Competition will be open
during the Promotion Period. All eligible entries must be received by Pro-Fab
Racing Promotions PTY LTD during this time. Entries are deemed to be received
at the time of receipt by the Pro-Fab Racing Promotions PTY LTD and not at the
time of transmission by the Entrant
3. Entry is subject to all state
laws and regulations and is void where prohibited. In certain jurisdictions,
state laws may restrict or prohibit the award or delivery of certain prizes
within that state. Entrants from states that may restrict delivery can collect
the prize from Pro-Fab Racing Promotions PTY LTD in Melbourne if this does not
conflict with those state laws.
4. Pro-Fab Racing Promotions PTY
LTD will not be liable, if any errors and extra packs are purchased. All
purchases are final and are non refundable.
Selection of Winner
1. The Winner will be selected by
random draw, on the dates and at the location outlined above. Entries that are
incomplete or incomprehensible will be deemed invalid and will be ineligible to
win.
2. Prizes will only be awarded to
the person named on entry, subject to their entry complying with these terms
and conditions.
3. If the winner has not contacted
Pro-Fab Racing Promotions PTY LTD after the 14 days to claim their prize, a
redraw will be done – this will take place on day 15 after the draw was drawn.
The redraw winner will be announced and posted on Pro-Fab Racing Promotions PTY
LTD socials (Instagram and Facebook).
4. The Entrant is solely
responsible for ensuring that it is eligible to be a Winner, and the Pro-Fab
Racing Promotions PTY LTD will not be in any way liable to an Entrant, should
the Entrant be found to be ineligible to win the Competition.
Prizes
1. Prizes are provided on an “as
is” basis and Pro-Fab Racing Promotions PTY LTD will not make any modifications
to the Prizes at the Winner’s request.
2. Pro-Fab Racing Promotions PTY
LTD will not be liable for any delivery of prizes to a wrong address or account
due to any error by the Winner.
3. If the Winner claims a prize but
is found to be in eligible or if the Winner does not provide valid delivery
details within the time frame specified by Pro-Fab Racing Promotions PTY LTD,
the Winner forfeits the Prize and it will not be re-drawn.
4. Pro-Fab Racing Promotions PTY
LTD will not be liable for re-drawing or providing a replacement prize for any
Prizes that are not received by the Winner due to being lost in transit, stolen
or due to any failure to accept delivery by the Winner or due to any error in
details provided by the Winner.
5. The Prizes may contain goods or
services from 3rd party brands. Unless otherwise specified, the provision,
advertisement or offer of prizes from a 3rd party brand does not
constitute any sponsorship, approval or endorsement of the good, service,
content, policies, practices or services offered by those parties.
6. Where a Prize is specified to be
delivered directly from the 3rd party prize supplier, as a condition of
entry, the Winner agrees that its details may be provided to the 3rd party
prize supplier by Pro-Fab Racing Promotions PTY LTD on its behalf for the
purpose of delivery of the Prize to the Winner.
7. Pro-Fab Racing Promotions PTY
LTD shall not be liable for any loss or damage whatsoever which is suffered
(including but not limited to direct or consequential loss) for any personal
injury suffered or sustained in connection with any prize/s, except for any
liability which cannot be excluded by law.
8. The ownership/financial interest
is transferred from when the prize/s Pro-Fab Racing Promotions PTY LTD business
premises or pickup location. It is the responsibility of the winner to obtain
appropriate permits and insurance. Pro-Fab Racing Promotions PTY LTD will not
be liable for any loss or damage to the prize from the time it leaves our
business premises or draw location for collection or delivery.
9. Pro-Fab Racing Promotions PTY
LTD is not responsible or liable for any loss or damage caused while the
prize/s are in transit.
10. Pro-Fab Racing Promotions PTY
LTD will not be liable or take fault for damage caused by products including
bodily harm, labour and time for repairs and faults.
Personal information
1. As a condition of entering this
Competition, Entrants agree to provide personal information to Pro-Fab Racing
Promotions PTY LTD. Personal information collected during the course of this
Competition will be dealt with in accordance with Pro-Fab Racing Promotions PTY
LTD’s Privacy Policy, located at www.profabracingpromotions.com.au. Personal
information submitted may be provided to third parties for the purpose of
administering this Promotion and distributing the prizes, including to agents,
contractors and prize suppliers. Pro-Fab Racing Promotions PTY LTD may also use
this personal information to contact you regarding, marketing, offers or
Promotions from time to time.
2. As a condition of entry, each
Entrant agrees that Pro-Fab Racing Promotions PTY LTD 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 Pro-Fab Racing Promotions PTY LTD,
for an unlimited period of time and the Winner will not be entitled to any fee
for such use.
Intellectual property
1. By uploading, publishing,
transmitting or making available any data, content or other material in
connection with this Trade Promotion (Entrant Content), the Entrant
agrees to grant
Pro-Fab Racing Promotions PTY LTD, 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.
1. The Entrant warrants and
represents that:
1. it holds all the intellectual
property rights to the Entrant Content;
2. it has the authority and licence
to upload, make available and licence the Entrant Content to Pro-Fab Racing
Promotions PTY LTD; and
3. Pro-Fab Racing Promotions PTY
LTD’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.
2. The Entrant agrees that they are
solely liable for the Entrant Content and that, to the fullest extent of the
law, Pro-Fab Racing Promotions PTY LTD shall not be liable in any way for such
Entrant Content.
Reservation of rights
Pro-Fab Racing Promotions PTY LTD reserves the right in its sole
discretion to disqualify any Entrant that has, or is suspected by Pro-Fab
Racing Promotions PTY LTD to have:
1.
1. breached any of these terms and
conditions;
2. tampered with the entry process
or the Competition;
3. engaged in any unlawful conduct;
4. engaged in any other improper
misconduct calculated to jeopardise the fair and proper conduct of the
Competition or the reputation of Pro-Fab Racing Promotions PTY LTD.
Instagram & Facebook Terms
1. The Competition is in no way
sponsored, endorsed or administered by, or associated with www.instagram.com and www.facebook.com and its related mobile
application, both being owned by Instagram and Facebook Inc.
2. The Entrant agrees that it
releases Instagram from any and all liability to the Entrant arising out of or
in connection with the Competition.
3. The Entrant must not:
1. harass or bully any other
person, use offensive language, use language that defames Pro-Fab Racing
Promotions PTY LTD, or use language that negatively impacts or intends to
negatively impact the reputation of Pro-Fab Racing Promotions PTY LTD;
2. use electronic programs, bots or
similar technology to automatically submit entries;
3. use multiple Instagram accounts
to enter the Competition; or
4. tag other accounts owned or
controlled by the Entrant to enter the Competition and agrees that it will only
tag genuine friends or family in their entry,
and Pro-Fab Racing Promotions PTY LTD reserves the right to disqualify
any Entrant or Entry that breaches these terms and remove any such entries from
the Competition.
Exclusion of liability
1. Pro-Fab Racing Promotions PTY LTD will not be liable for any late,
lost or misdirected entries including due to technical disruptions, delayed or
misplaced postage, network congestion or for any other reason. To the maximum
extent permitted by law, Pro-Fab Racing Promotions PTY LTD will not accept any
liability for any error, omission or failure to administer this Competition.
2. Except for any liability that cannot be excluded by law, all Entrants
release, and indemnify and hold harmless Pro-Fab Racing Promotions PTY LTD
(including its officers, employees, agents and contractors), from and against,
all liability (including negligence), actions, claims, costs, losses or
expenses arising out of or in connection with: any act, omission, negligence,
fraud, wilful misconduct or breach of these terms and conditions by the
Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use
of or attempted use of any prize(s) and participation in the Competition,
including (but not limited to) loss of income, damage to property and personal
injury whether direct or consequential, foreseeable, due to some negligent act
or omission or otherwise.
3. Except for any liability that cannot be excluded by law, Pro-Fab
Racing Promotions PTY LTD (including its officers, employees, agents and
contractors) 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 Competition,
including, but not limited to, where arising out of the following:
1.
1. inaccurate or incorrect
transcription of entry information;
2. any technical difficulties or
equipment malfunction, malfunction of any telephone network or lines, computer
online systems or network, servers or providers, computer equipment, or
software (whether or not under Promoter ’s control);
3. the unavailability or
inaccessibility of any service whether or not caused by traffic congestion on
the Internet or at any website;
4. any theft, unauthorised access
or third-party interference;
5. electronic or human error which
may occur in the administration of the Competition;
6. any variation in prize value as
stated in the Schedule;
7. any tax liability incurred by a
Winner or Entrant;
8. redemption or use of a prize;
and
9. any act or omission, deliberate
or negligent, by Pro-Fab Racing Promotions PTY LTD, or its employees or agents,
in connection with the arrangement for supply, or the supply, of any goods or
services by any person to a Winner and, where applicable, to any family/persons
accompanying a Winner.
4. To the maximum extent permitted by law, Pro-Fab Racing Promotions PTY
LTD’s total aggregate liability to the Entrant under or in any way connected
with these terms and conditions and the Competition, or the performance or
non-performance of these terms and conditions is limited to an amount equal to
any amounts paid by the Entrant to the Promotor in the three (3) month period
immediately preceding the date on which the relevant claim arose, which may be
zero.
General
1. These terms and conditions are
governed by and will be construed under the laws of Victoria and the parties
agree to submit to the exclusive jurisdiction of the courts of Victoria and its
appellate courts.
2. Failure by Promoter to enforce
any of its rights at any stage does not constitute a waiver of those rights.
3. Capitalised terms used
throughout these terms and conditions are defined in the Schedule unless
specified otherwise.
4. Authorised under the following
licence numbers:
NSW Authority Number: TP/03083. NSW Notification Number: NTP/08278 ACT
Authority Number: TP23/02395