MICHELIN 2022 MOTOGP GIVEAWAY: Terms and Conditions

“MICHELIN 2022 MOTOGP GIVEAWAY” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to Australian and New Zealand residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoter 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. 
  1. Entries into the promotion open at 9:00am AEST on 31/08/2022 and close at 11:59pm AEST on 17/09/2022 (“Promotional Period”).
  1. To be eligible to enter, individuals must undertake the following steps during the Promotional Period:
  • Visit the Promoter’s Facebook Page (https://www.facebook.com/michelinaunz) and locate the promotional entry form (pinned post) or visit Speedcafe.com (entry via this site is only available between 29/08/2022 and 04/09/2022); 
  • Click on the link (featuring this promotion);
  • Input the requested details including the type of vehicle they are currently using; and 
  • Submit the fully completed online entry form.
  1. Only one (1) entry is permitted per person.
  1. 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.
  1. Incomplete or indecipherable entries will be deemed invalid.
  1. 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.
  1. The draw will take place at EVT Incentive Marketing, International Tower One, Level 35, Suite 56, 100 Barangaroo Avenue Sydney NSW Australia 2000 on 19/09/2022 at 11:00am, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing by email within two (2) business days of the draw and their names will be published online at www.michelin.com.au on 22/09/2022. The winner must accept the prize by 5:00pm AEDST on 03/10/2022 or they will otherwise forfeit their prize and it will be re-awarded in the unclaimed prize draw as indicated in clause 23.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. The first valid entry drawn from all valid entries received, will win the major prize (“Major Prize”) of a trip for two (2) adults to the 2022 Melbourne MotoGP on 16/10/2022 valued at up to $25,000 depending on date and point of departure. Prize is for two (2) adults and includes: 
  • Two (2) x return economy airfares from winner’s nearest capital city departing on 14/10/2022 and returning on 16/10/2022 (if the winner resides in Australia) or from the nearest of Auckland, Christchurch, Wellington or Queenstown (if winner resides in New Zealand) to Melbourne, VIC (only provided if winner resides outside of VIC). If the winner is from VIC, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;
  • Three (3) nights twin share minimum 4star accommodation on 14/10/2022, 15/10/2022 and 16/10/2022 including breakfast daily;
  • Return airport to hotel transfers;
  • Two (2) general admission tickets to the 2022 MotoGP on 16/10/2022 including Michelin Gardiner Straight Suite access and Pit/garage experience on 16/10/2022;
  • Return hotel to 2022 MotoGP transfers on 16/10/2022; and
  • Dinner up to the total value of $1,550 between 14/10/2022, 15/10/2022 and 16/10/2022.

Spending money, additional meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The winner and their companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

  1. The next valid entry drawn from all remaining valid entries received will win two (2) Gardiner Straight tickets to the 2022 MotoGP in Melbourne on 15/10/2022 and general admission tickets on 16/10/2022. Total prize is valued at $5,180. This prize does not include travel or accommodation costs. Any costs associated with taking the prize, including but not limited to travel and/or accommodation are not included and will be the responsibility of the winner and their companion.
  1. The next one hundred (100) valid entries drawn will each win a cashback voucher valued at $100 or $150 depending on purchase value (as set out further below). Each cashback voucher is redeemable after completing a claim when spending $500 or more on eligible four (4) wheel vehicle tyres (i.e. tyres from the 4 wheeled vehicle segment listed below in Annexure A), from a Participating Retailer authorised to stock/sell Michelin 4 wheel vehicle tyres (see www.michelin.com.au for locations of Participating Retailers). A cashback amount of $100 will be awarded for purchases between $500 and $1000 in a single transaction and a cashback amount of $150 will be awarded for purchases of $1000.01 or more in a single transaction. Prizes will be awarded in the form of a redemption code sent via email. Winners will then need to submit their code and their transaction invoice in accordance with the instructions provided to redeem their cashback. Redemption codes are valid for use until 30/11/2022.
  1. The next one hundred (100) valid entries drawn will each win a $50 Michelin voucher redeemable when purchasing eligible two (2) wheel vehicle tyres (i.e. tyres from the motorcycle segment listed below in Annexure A), from a Participating Retailer authorised to stock/sell Michelin 2 wheel vehicle tyres (see https://partnerrewards.michelin.com.au/moto/retailers for locations of Participating Retailers). Prizes will be awarded in the form of a redemption code sent via email which can be redeemed online. Redemption codes are valid for use until 30/11/2022.
  1. In the event of war, terrorism, state of emergency, pandemic or any other kind of  disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
  1. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher 
  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 
  1. If any prize (or part of any prize) is unavailable, the Promoter, in its 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.
  1. The 2022 MotoGP ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  1. Total prize pool value is up to $50,180. 
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  1. A draw for any unclaimed prizes. may take place on 04/10/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing by email within two (2) business days of the draw and their names will be published online at www.michelin.com.au on 05/10/2022.
  1. 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.
  1. 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.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 
  1. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
  1. 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 2022 MotoGP event 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 a prize / taking of a prize.
  1. As a condition of accepting the prize, the winner (and their companion) 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.  
  1. The Promoter collects 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 will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.michelin.com.au/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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 Policy also contains 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 PI to outside of Australia, see the Promoter’s Privacy Policy for more details. 
  1. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
  1. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
  2. 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 Australia.
  1. Reference to dollars, $ refers to Australia dollars, AUD. 
  1. The Promoter is Michelin Australia Pty Ltd (ABN 84 006 761 628) of 51-57 Fennell Street, Port Melbourne, VIC 3207, telephone, 03 8671 1000.

NSW Authority No. TP/02106. ACT Permit No. TP22/01651. SA Permit No. T22/1347