1. Information on how to enter and the prize forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Queensland residents aged 18 years or over who purchase a vehicle in accordance with clause 3 below and who are not Ineligible Entrants (Eligible Entrants). Employees of the Promoter (and their immediate families) and agencies associated with this promotion are ineligible to enter (Ineligible Entrants). 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.
3. To enter, Eligible Entrants must complete the following steps:
(a) Service their Vehicle at either of the two Grand Motors Toyota Service Departments: 265 Ferry Road, Southport 4215 or 11 Gateway Drive, Biggera Waters 4216, Queensland between 7am on 10/08/2020 and 5.00pm Queensland local time on 07/09/2020. This promotion is only available to Private and Fleet customers excluding Government, Rental companies and purchases made through Fleet Management Organisations and Brokers;
(b) Finalise payment of service transaction prior to 5.00pm Queensland local time on 07/09/2020; and
(c) Fill out an entry form in its entirety (available from the Promoter's dealership, 265 Ferry Road Southport) and submit to the Promoter's staff once purchase is finalised and delivery date is accepted, as deemed by Promoter, no later than 5.00pm Queensland local time on 07/09/2020.
4. 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. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
5. Incomplete or indecipherable entries will be deemed invalid.
6. Only one (1) entry is permitted per vehicle serviced for Eligible Entrants. For the avoidance of doubt, an Eligible Entrant may submit additional entries for every additional vehicle they service and finalise payment of invoice for service transaction prior to 5.00pm Queensland local time on 07/09/2020.
7. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or to deem the entry form invalid.
8. The winner selection will take place at the Promoter's dealership at 265 Ferry Road Southport QLD 4215 on 15/09/2020 at 11.00am Queensland local time, by the way of a random draw. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at http://www.grandmotorstoyota.com.au/special-offers/win-whale-watching-terms-conditions/ from 17/09/2020.
9. The Promoter's selection of the winner of the draw is (and will be deemed to be) final and cannot be disputed.
10. The first one (1) valid entries drawn from all valid entries received will win a prize valued at AU$400 from Sea World Cruises. The valid winner will be awarded one (1) family VIP Captains Lounge pass for a Whale Watching Tour, for 4 persons. The prize is to be booked directly with Sea World Cruises and is available on any Whale Watching Tour, subject to availability. The prize is to be redeemed before 15th October 2020.
11. Subject to the unclaimed prize draw clause below, if for any reason the winner does not take claim the prize by 15/10/2020, then the prize will be forfeited.
12. If the prize (or part of the prize) is unavailable, the Promoter, in its sole and absolute discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
13. The total prize pool value is only AU$400. The prize is not transferable, refundable or exchangeable.
14. If a prize is unclaimed as at 17/09/2020, the Promoter may in its sole and absolute discretion conduct another random draw on 18/09/2020 in the same manner as the original random draw, subject to any directions from a regulatory authority. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at http://www.grandmotorstoyota.com.au/special-offers/win-whale-watching-terms-conditions/ from 19/09/2020
15. Eligible Entrants consent to the Promoter using the Eligible Entrant's 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.
16. 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 and absolute 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.
17. 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 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.
18. Without limiting clause 17, 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) any tax liability incurred by a winner or entrant; or (f) taking/redemption and/or use of the prize.
19. 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.
21. These Terms and Conditions are governed by the laws of Queensland. Any provision of these Terms and Conditions that is unenforceable, void or illegal is only ineffective to the extent that it is unenforceable, void or illegal, without invalidating the remaining provision or provisions.
You also agree to the Dealer sharing that information with other organisations in the OneToyota network* so that OneToyota can provide you an integrated guest experience across the network. Further, Grand Motors Toyota and other OneToyota organisations may use the information in this form to send you marketing and information about Toyota products, services, special offers, promotions, surveys and events that may be of interest to you (unless and until you advise the relevant organisation otherwise, or opt out using means provided in each marketing communication). If you do not wish to receive these communications, please let the relevant organisation know. Entrants' information may be disclosed to OneToyota service providers located within Australia and overseas for the purposes above.
* OneToyota comprises: authorised Toyota dealers, Toyota Motor Corporation Australia Limited, Toyota Finance Australia Limited, Aioi Nissay Dowa Insurance Company Australia Pty Ltd trading as Toyota Insurance, and Toyota Western Australia (comprising Prestige Motors Pty Ltd as trustee for the Prestige Toyota Unit Trust and Eastpoint Pty Ltd)
23. The Promoter is Grand Motors Toyota Pty Ltd (ABN 86 009 763 508), Dealer Licence 1005125, of 265 Ferry Road Southport 4215 Telephone (07) 5583 6888.