- Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- The Promoter is Brand Collective Pty Ltd (ACN 098 742 628) of Building 8, 658 Church Street, Richmond, VIC, 3121 (Promoter) and has the permission of Subaru (Aust) Pty Limited (ACN 000 312 792) of Level 3, 4 Burbank Place, Norwest, NSW 2153 to promote their business in this competition (Business).
- If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the Promotion to win a prize (Promotion).
- Entries into the Promotion open at 9:00am AEST on 20 September 2024 and close at 11:59pm AEDT on the 13th of October 2024 (Promotional Period).
Eligibility and Entry
- Entry to the Promotion is only open:
- to permanent Australian Residents aged 25 years or older, excluding:
- employees, directors and officers (and their immediate families) of the Promoter and/or the Business; and
- the related bodies corporate of the Promoter and/or the Business; and
- agencies associated with this Promotion.
(Eligible Person).
- All entrants must read and consent to these Terms and Conditions as a condition of entry into the Promotion.
- For the purposes of these Terms and Conditions:
- “Australian Resident” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa.
- “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
- During the Promotional Period, enter the Promotion by following the prompts, entering your details including your name and email address and answering, in 25 words or less, the following question: ‘where would you like to go on your Australian summer road trip?’ via https://superdry.com.au/pages/win-a-summer-roadtrip
(collectively the “Entry Requirements”).
Eligible Applications
- Multiple entries into the Promotion are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Promotion. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Promotion per Eligible Person.
- The use of automatic entry software, mechanical, or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
- Each entry must be made in accordance with these Terms and Conditions. By entering the Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
Prize
- This game of skill is conducted by the Promoter. The prize will be fulfilled and delivered by the Promoter.
- There will be one (1) winner selected. Entries will be judged on originality, creativity and other like measures determined by the Promoter in their absolute discretion.
- The total prize pool is valued up to a maximum of AU$9,000 (incl. GST) (as at September 2024). The winners will receive win one (1) loan car for one continuous period of 6 months, 2024 Subaru WRX AWD tS Sport Lineartronic (Automatic Transmission) in WR Blue Pearl, fitted with a STI Performance Muffler on loan for 6 months valued at AU$7,000 (Subaru WRX) (please see the Subaru WRX terms below), one (1) AU$1,000 Holiday & Hotel eGift Card, one (1) AU$1,000 Superdry eGift Card, and loan car from Subaru (collectively, the “Prize Pool”).
- Any expenses related to the prize, collecting or participating in the prize or enjoying the prize will be borne by the winner and / or the winner’s nominated local club.
- As a precondition of being eligible to accept the Prize Pool, the winner must (if requested by the Promoter) sign all reasonably required legal documentation in the form required by the Promoter in their absolute discretion, including, but not limited to, a media consent form, legal release and indemnity form.
- As a precondition of being able to participate in the Promotion and without limiting any paragraph of these Terms and Conditions, the winner and their companions must consent to the Promoter and the Business recording their image and/or voice, photograph or capture their likeness in any media and grant an irrevocable licence to use those recordings in any way which the Promoter and the Business may use in any manner it wishes including to distribute, broadcast use either nationally or globally without remuneration. This includes granting the right to edit such media, the right to use the media along or together with other information and the rights to allow other parties to use and / or disseminate the media.
- The Prize Pool is not exchangeable or transferable for cash or in any other way.
- Eligible Persons are not required to be present at the judging of the entries. The Promoter accepts no responsibility for any tax implications that may arise from the Prize Pool. All taxes which may be payable as a consequence of receiving the Prize Pool are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
- Judging of entries will be undertaken by the Promoter at Level 2, Building 5, 658 Church Street, Cremorne VIC 3121 at 10am AEDT on 15th October 2024. The prize winner will then be notified by email.
- The Promoter may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is selected, or the winner is unable to comply with these Terms and Conditions.
- In the event of war, terrorism, pandemic, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify, or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.
- If the Prize Pool (or part of the Prize Pool) is unavailable for any reason, the Promoter, reserves the right to award the winner with an equivalent prize at the Promoter’s sole discretion, subject to any written directions from a regulatory authority.
- Any costs, including travel costs associated with redeeming any part of the Prize Pool are not included.
- The Promoter’s decision is final, and no correspondence will be entered into.
- The winner will be notified in writing via the contact details supplied by the Eligible Person when they enter the Promotion. The winner will be notified within two (2) working days after the winner is selected and the winner’s name will be published on https://superdry.com.au/pages/summer-roadtrip-terms-conditions. To claim the prize, the prize winner must respond to the email within 10 business days of the notification email being sent.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct, calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable entries will be deemed invalid.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
General
- The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
- Entrants agree that they are fully responsible for any materials they submit to enter the Promotion including but not limited to comments, recordings, and images (Content). The Promoter or Business shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter and the Business for any breach of the above terms.
- As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Business, and the Promoter and Business’ affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
- By entering the Promotion all entrants consent to the use by the Promoter, the Business and other third parties, including but not limited to agents, contractors, service providers and media partners and providers of their name, image, likeness, username and social network account name for any publicity and commercial purposes, in any media and for an infinite period, without further compensation for the purpose of promoting and broadcasting and/or streaming the promotion (including any outcome). This includes but is not limited to use on TV, Facebook, Twitter, Instagram, YouTube, radio, print, display advertising, website and social media channels, and the Promoter’s blog and website.
- If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
- to disqualify any entrant; or
- subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude 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 Promotion.
- Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and 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:
- Any technical difficulties or equipment malfunction (whether or not under the Promoter’s control).
- Any theft, unauthorised access or third-party interference.
- Any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter.
- Any variation in prize value to that stated in these Terms and Conditions.
- Any tax liability incurred by a winner or entrant;
- Taking of the Prize Pool/attendance at the prize event.
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The Promoter and the Business collect personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and the Business will also use, and handle PI as set out in its Privacy Policy available here and here.
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In addition to any use that may be outlined in the Privacy Policy identified above, the Promoter and the Business may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose entrant's PI to any entity outside of Australia in accordance with Privacy Policies.
- I have read, understood, and accept the Superdry and Subaru Terms and Conditions available here and here and the privacy policies here and here. I agree that the Promoter may send me marketing and promotional materials.
- The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia.
- The Promoter, the Business, and entrants acknowledge that this Promotion is in no way sponsored, endorsed, affiliated, or administered by or associated with Instagram or Facebook.
Subaru WRX
- The Business will endeavour to deliver the loan vehicle to a dealership closest to the prize winner but does not guarantee where the loan vehicle will need to be picked up from. The Promoter and the Business are not liable for any travel costs to pick up and return the loan vehicle including flights, taxis etc. The loan vehicle must be returned by the prize winner to the same Subaru dealership at the end of the 6 month loan period at the winner’s cost.
- Supply of the Subaru loan vehicle element of the Prize is subject to the following terms and conditions:
- The loan and use of the loan car element of the Prize is subject to booking and availability and the Promoter’s standard loan vehicle terms and conditions in relation to test drives and similar arrangements; and
- the Promoter and the Business being satisfied that the winner is legally entitled to operate the loan car, the winner will be covered by Business’ insurance policy over the loan car; and
- it is a condition of accepting the Prize that the winner (and their companion/s) must sign any legal documents as and in the form the Promoter and/or the Business and/or Prize supplier/s in their absolute discretion may require prior to accepting the Prize, including but not limited to a legal release and indemnity form.
- The Winner must be 25 years of age or older at the time of taking the Prize and must have a full, current and unrestricted State or Territory driver’s licence (which is not under suspension or cancellation) as at the date on which the winner is to drive the vehicle, and for the duration of the loan car term. Any traffic infringements, petrol costs, toll fees, and similar costs incurred while driving the vehicle are the responsibility of the winner.
- The winner acknowledges and agrees that the Promoter and/or the Business will nominate the winner as the responsible driver for any fine, toll or any other similar imposts received pertaining to the period during which the winner is in possession of the Subaru vehicle, and the winner will cooperate with the Promoter to allow it to do so (including, without limitation, providing the Promoter with any necessary information).
- The winner will be responsible for any insurance excess payable because of damage to the vehicle while in the possession of the winner. Unless expressly stated in these Terms and Conditions, all other expenses (including travel to and from the dealership, additional fuel and any tolls incurred etc.) become the responsibility of the winner.
- The winner acknowledges that they will not become entitled to any security interest in the vehicle because of winning the Prize.