Terms and Conditions
1. Information on how to enter and prize details form part of these terms and conditions and entry in the promotion is deemed acceptance of these terms and conditions.
2. The promoter is Kubota Australia Pty Ltd (ABN 72 005 300 621) of 25-29 Permas Way, Truganina VIC 3029, telephone (03) 9394 4400 (“Promoter”).
3. The Promoter’s decision is final in relation to all aspects of this promotion and no correspondence will be entered into.
4. Entry is only open to Australian residents aged 18 years or older at the time of entering this promotion (“Eligible Entrants”). Employees (and their immediate families) of the Promoter and participating 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 first cousin.
5. Entry in the promotion commences at 9:00am AEST on 01 August 2016 and concludes at 23:59pm AEDT on 31 December 2016 (“Promotion Period”).
6. In order to automatically receive one (1) entry in the promotion, Eligible Entrants must, during the Promotion Period, purchase any new Kubota machine for a purchase price of $1,000 (including GST) or more (“Eligible Product”) from a participating authorised Kubota dealer (“Qualifying Purchase”). Participating dealerships can be located at www.kubota.com.au
7. The Promoter will keep records of each Eligible Product purchased from participating authorised Kubota dealers during the Promotion Period and allocate entries in the promotion accordingly.
8. There is a limit of one (1) entry per Eligible Product purchased. For the avoidance of doubt, if an Eligible Entrant purchases two (2) Eligible Products in the one (1) Qualifying Purchase, they will be awarded two (2) entries.
9. Eligible Entrants must correctly provide all requested information at the time of making the Qualifying Purchase, including but not limited to the entrant’s full name and correct contact details (valid email address, phone number and postal address).Incomprehensive, illegible and incomplete entries will be deemed invalid.
10. The Promoter accepts no liability for late, lost, delayed or misdirected entries that are not received for any reason, or any phone, line, network, website and/or any server technical failure involved in any communication related to this promotion.
11. Entries are deemed to be received at the transaction time indicated on the original purchase receipt relating to the Qualifying Purchase.
12. Eligible Entrants must retain their original receipt from their Qualifying Purchase (“Proof of Purchase”) which corresponds to each of their entries in the promotion in order to claim a prize (if won).
13. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter in its absolute discretion: (a) appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the promotion and claim a prize, and compliance with these terms and conditions; and (b) their Proof of Purchase that corresponds to all of their entries in the promotion.
14. If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, their entry/entries will be deemed invalid. A prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.
15. Entrants can only enter the Promotion in their own name.
16. Entrants who refund or return a Qualifying Purchase will not be entitled to any prize claim associated with that Qualifying Purchase, and if they are awarded a prize they will be required to return the prize (or provide payment of its equivalent value) it to the Promoter.
Prize Draw & Prize Information
17. A random electronic prize draw will be conducted from all entries received in the promotion at Prime Focus, Level 1, 500 Chapel Street, South Yarra, VIC 3141 (“Draw Location”) at 12 noon AEDT on 10 January 2017 (“Prize Draw”).
18. The first valid Eligible Entrant drawn in the Prize Draw will win a Kubota RTV500 valued at $16,463 RRP (including GST) (“Major Prize”). As a condition of accepting the Major Prize, the winner must read the provided manual and be familiar with all features, controls, safety, and maintenance advice in the manual. The winner must sign any legal documentation as and in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form, before the winner is awarded the Major Prize. The Major Prize will be delivered to the Major Prize winner’s residential address.
19. The next 20 valid Eligible Entrants drawn in the Prize Draw will each win a RB Sellars Gift Card valued at $250 (including GST) (“Minor Prize”). Gift Cards are valid 12 months from issue. See Gift Card for details. Minor Prizes will be delivered to each Minor Prize winner’s residential address.
20. If any winning entry is deemed not to comply with the terms and conditions, that entry will be discarded and a new winner will be selected in accordance with the terms and conditions.
21. If more than one person attempts to claim a prize, the Promoter will have the sole discretion to determine which of those persons the winning entrant is.
22. All elements of the prizes are subject to the standard terms and conditions of the relevant prize provider.
23. Prizes are not transferable or exchangeable and cannot be taken as cash.
24. If a prize is unavailable for any reason, the Promoter may substitute that prize for another item of equal or higher value as determined by the Promoter, subject to approval from the relevant state/territory gaming authorities.
25. The total value of all prizes available to be won in the promotion is $21,463 RRP (including GST).
Notification of Winners
26. Winners will be notified by phone and via mail or email.
27. The Major Prize winner’s name and postcode will be published in “The Australian” newspaper on 03 February 2017.
Unclaimed Prize Draw (If Any)
28. If a prize is won by an Eligible Entrant and they do not claim their prize by 11:00am AEST on 10 April 2017, a random electronic re-draw will be conducted at 12 noon AEST on that date at the Draw Location by a representative of the Promoter from all remaining entries received in the promotion, subject to any directions from the relevant state/territory gaming authorities.
29. Unclaimed prize draw winner/s, if any, will be notified by phone and via mail or email and the Major Prize unclaimed prize draw winner, if any, will have their name and postcode published in “The Australian” newspaper on 05 May 2017.
30. Eligible Entrants may win a limit of one (1) prize in the promotion (excluding residents of South Australia).
31. All costs associated or arising in connection with the prizes are the responsibility of the respective prize winner.
32. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of printing promotion materials.
33. In the event of any breach of these terms and conditions the Promoter reserves the right to refuse entry to this promotion and/or disqualify the entrant in question from any further participation in this promotion, and/or disqualify any entry and the Promoter’s decision is final.
34. By entering this promotion, each entrant agrees to indemnify and hold harmless the Promoter, agents, servants and employees from any and all claims, demands, actions, losses, liabilities and suits arising out of or attributable to their participation in this promotion, including (without limitation) any claim or allegation that their entry infringes a third party’s intellectual property rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s confidential information. Any questions, comments or complaints regarding this promotion should be directed to the Promoter at [email protected]
35. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by damage to the website, computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, technical failures, vandalism, natural disasters, acts of God, strikes, acts of terror or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend this promotion, or invalidate any affected entries, subject to the approval of relevant state/territory gaming authorities where required.
36. WARNING: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A BREACH OF THE CONDITIONS AND MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, WHETHER OR NOT SUCCESSFUL, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE EXTENT PERMITTED BY LAW.
Intellectual Property & Privacy
37. Entrants acknowledge that all intellectual property rights in this promotion belong to the Promoter.
38. Each entrant warrants that their entry complies with the terms and conditions of this promotion, and does not infringe any third party intellectual property rights or any Australian law.
40. By entering the promotion, each Eligible Entrant consents to the Promoter and its designees use of their name, city of residence, photograph, voice, statement and image for any publicity and advertising purposes, in any and all media, now or hereafter devised, worldwide in perpetuity, without additional notification, permission or compensation, except where prohibited by law.
41. This promotion and these terms and conditions shall be governed by Australian law and the courts of Australia shall have exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this promotion or these terms and conditions. Entrants submit to the jurisdiction of the Australian courts and agree that the Australian courts are a convenient forum in which to resolve any issue or dispute arising out of or in relation to this promotion.
42. Authorised under Permit Numbers – SA T16/1225, NSW LTPS/16/05501 & ACT TP 16/01357.