Windsor Toyota ‘MyToyota App fuel saver’ Promotion
Terms & Conditions:
Authorised under NSW Permit No. LTPS/20/42838
The Promoter is AMG Windsor Pty Ltd trading as Windsor Toyota (ABN 39 118 297 206) of 98 Macquarie Street, Windsor, NSW 2756. Telephone: 02 4587 6000 ("the Promoter").
2. WHO MAY ENTER
Entry is open to past Windsor Toyota customers who are Australian residents only who hold a current valid driver’s licence issued in an Australian State or Territory. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their immediate families) of the Promoter, its dealership, its related bodies and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. National fleet, rental and government purchasers are also ineligible to enter.
3. CONDITIONS OF ENTRY
Information on how to enter and the prize(s) form part of these Terms and Conditions. By entering the promotion, participants agree to be bound by these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
4. PROMOTIONAL PERIOD
The promotion commences at 8.30am AEST on Friday 6 March 2020 and ends at 5.00 pm AEST on Thursday 4 March 2021 (“Promotional Period”).
5. HOW TO ENTER
(a) To be eligible to enter, entrants must have purchased a new or pre-owned car from Windsor Toyota within the past five (5) years, and must be currently using the MyToyota App Caltex Service Station fuel offer.
(b) Customers are required to ‘like’ the Windsor Toyota Facebook page and post a photo of their current fuel receipt showing the MyToyota App fuel saving. Each entry will be printed out and entered into a ballot box by a member of staff every fortnight.
(c) Each fortnight a member of staff from Windsor Toyota will draw an entrant at random from the ballot box and place the winner’s name of Facebook.
(d) This promotion is in no way sponsored, endorsed, administered by or associated with Facebook.
6. DRAWS (SELECTION OF WINNERS)
a) The draw will take place at Windsor Toyota 98 Macquarie Street, Windsor NSW 2756 at 9am AEST every second Friday starting from 20 March 2020 for 12 months. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
b) The first valid entry that is drawn from the barrel will be deemed the provisional winner, subject to verification.
(a) Each fortnight over 52 weeks the winning entrant will be refunded the amount as shown on their valid Caltex fuel receipt to a maximum amount of $300. The refund will be transferred electronically via EFT payment to the winner.
(b) The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the prize is awarded. It is a condition of accepting the prize that the winners (or a representative of the winner/the winner’s parent/legal guardian if the winner is under the age of 18) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
8. NOTIFICATION OF WINNERS
The winner will be notified by phone on the day of the draw by 5.00pm AEST as outlined in point 7a). The winner’s name will also be published on the Windsor Toyota Facebook page. The Promoter’s decision is final and no correspondence will be entered into.
9. UNCLAIMED PRIZE DRAW
There will be no draw for any unclaimed prizes. If for whatever reason the winner does not respond and provide their details by 9.00am AEST on the Friday of the draw following their winning draw as outlined in point 6a), they forfeit the prize and the next winner will be eligible to gain both their own and the previous fortnights prize.
11. LIMITATION OF LIABILITY
(a) 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, as well as any other implied warranties under the ASIC Act 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 its respective officers, employees and agents) 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 promotion.
(b) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the delivery of any vehicle is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
(a) 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
(b) Incomplete, indecipherable or illegible entries will be deemed invalid.
(c) 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.
(d) The Promoter’s decision is final and no correspondence will be entered into.
(e) If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
(f) Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize, then the prize will be forfeited.
(g) Total prize pool value is up to AU$7,800. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
(h) Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
(i) 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: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
(j) As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.