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