Terms of Services

Pivot Point Prizes Giveaway (Vehicle or Cash Option)

PART A – Competition Details

Competition Name

Pivot Point Prizes Giveaway (Vehicle or Cash Option)

Promoter

Pivot Point Prizes Pty Ltd
ACN 674 581 143 | ABN 88 674 581 143
Unit 3, 5 Peach Court, Doveton VIC 3177
(“Promoter”)

Contact details are available via the Promoter’s website.

Eligibility

Entry is open to Australian residents aged 18 years or over residing in:

• Victoria (VIC)
• New South Wales (NSW)
• Queensland (QLD)
• Western Australia (WA)
• Tasmania (TAS)
• Northern Territory (NT)
• Australian Capital Territory (ACT)

Employees of the Promoter and their immediate family members are not eligible to participate.

Promotion Period

The Competition commences at [START DATE & TIME] (AEST) and ends at [END DATE & TIME] (AEST) (“Promotion Period”).

Entries received outside the Promotion Period will not be accepted.

How to Enter

Participants may enter the Competition during the Promotion Period by purchasing eligible products or memberships via the Promoter’s website.

Eligible purchases may provide bonus chances in the Competition.

All valid entries will be included in the Competition.

Number of Winners

Three (3) winners will be selected.

Prize Details

First Prize

The first valid winner drawn may choose between:

• A vehicle prize as described on the Promoter’s website; or
• A cash alternative as specified on the Promoter’s website.

Second Prize - $1,500 AUD cash.

Third Prize -$500 AUD cash.

Prizes will be awarded in order of selection (first, second and third).

The total prize pool will not exceed the advertised value.

Prizes are not transferable or exchangeable unless agreed by the Promoter. The Promoter reserves the right to substitute any prize with an equivalent alternative if required.

Winner Selection

Three (3) winners will be determined through a random selection process conducted using an independent electronic draw system via RandomDraws (www.randomdraws.com/au) at the Promoter’s nominated location on [DRAW DATE & TIME] (AEST).

The random selection process is conducted using an independently operated electronic system to ensure fairness and transparency.

Winners will be selected in order:

• First valid selection: First Prize
• Second valid selection: Second Prize
• Third valid selection: Third Prize

This Competition is a game of chance and skill plays no part in determining the outcome.

Winner Notification

Winners will be notified by phone, SMS and/or email within seven (7) days of selection and may also be published on the Promoter’s website and social media channels.

Prize Delivery

Prizes will generally be delivered within approximately four (4) weeks following confirmation of eligibility.

Vehicle prizes:

• may be delivered by the Promoter;
• may have been used for promotional purposes; and
• mileage and condition may vary from advertised details.

Cash prizes will be transferred to the winner’s nominated Australian bank account.

The Promoter will cover reasonable delivery and standard transfer costs. Any ongoing costs including insurance, registration beyond any included period, taxes or government charges are the responsibility of the winner.

PART B – Standard Terms and Conditions

1. Participation

Information on how to enter and information provided in Part A form part of these Terms and Conditions and by entering this Competition, each entrant is deemed to have accepted and understood these Terms and Conditions.

The entrant agrees that these Terms and Conditions constitute all of the terms and conditions between the entrant and the Promoter governing this Competition.

To enter, entrants must meet all eligibility requirements set out in Part A. The entrant warrants and represents to the Promoter that they satisfy all entry requirements.

The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the entrant.

Incomplete, illegible or incomprehensible entries will be deemed invalid.

2. Selection of Winners

Winners will be selected by random draw in accordance with Part A.

Prizes will only be awarded to the person named on the winning entry, subject to compliance with these Terms and Conditions.

If for any reason a prize or element of a prize remains unclaimed within three (3) months of the draw date despite reasonable efforts by the Promoter to contact the winner, the Promoter may conduct a redraw.

The redraw winner will be:

• notified within seven (7) days of the redraw;
• announced on the Promoter’s website within seven (7) days of the redraw; and
• published on the Promoter’s social media accounts within thirty (30) days of the redraw where required.

The entrant is solely responsible for ensuring they are eligible to receive a prize and the Promoter will not be liable if an entrant is found to be ineligible.

3. Prizes

Prizes are awarded on an “as is” basis.

The Promoter will not make modifications to prizes at the request of a winner.

The Promoter is not responsible for:

• incorrect delivery information supplied by a winner;
• prizes lost or stolen in transit;
• delays outside the Promoter’s reasonable control; or
• a winner’s failure to accept delivery.

If a winner:

• is found to be ineligible;
• breaches these Terms and Conditions; or
• fails to provide valid delivery details within the timeframe requested,

the prize will be forfeited and may be redrawn at the Promoter’s discretion.

The prizes may contain goods or services from third-party brands. Unless otherwise specified, the advertisement or offer of any third-party goods or services does not constitute sponsorship, approval or endorsement by those parties.

Where prizes are supplied directly by third-party suppliers, winners consent to the Promoter providing their details to those suppliers for prize fulfilment purposes.

4. Personal Information

As a condition of entry, entrants consent to the Promoter collecting and handling personal information in accordance with the Promoter’s Privacy Policy located on the Promoter’s website.

Personal information may be used for:

• administering the Competition;
• prize fulfilment;
• marketing communications;
• customer support; and
• promotional activities.

Entrants may opt out of marketing communications at any time.

As a condition of entry, entrants also agree that the Promoter may use their name, likeness, image and/or voice (including photographs and video recordings) in marketing and promotional material without compensation unless prohibited by law.

5. Intellectual Property

By uploading, publishing, transmitting or otherwise making available any content in connection with the Competition (“Entrant Content”), entrants grant the Promoter and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, communicate, reproduce, adapt, publish and distribute that content in any media.

Entrants warrant that:

• they own or have permission to use the Entrant Content;
• the Entrant Content does not infringe third-party rights; and
• the Promoter’s use of the content will not breach any law.

Entrants remain solely responsible for all Entrant Content submitted.

6. Reservation of Rights

The Promoter reserves the right to:

• verify the identity and eligibility of entrants;
• request proof of age, identity or residency;
• disqualify entrants suspected of fraud, tampering or misconduct; and
• modify, suspend or cancel the Competition where reasonably necessary.

The Promoter may administer the Competition in a manner it considers appropriate in accordance with Australian law where the Competition cannot proceed as planned due to:

• computer viruses;
• bugs;
• tampering;
• unauthorised intervention;
• fraud;
• technical failures; or
• causes beyond the Promoter’s reasonable control.

The Promoter may disqualify any entrant who:

• breaches these Terms and Conditions;
• tampers with the entry process;
• engages in unlawful conduct;
• uses automated systems or bots; or
• acts in a manner likely to damage the integrity or reputation of the Competition or the Promoter.

7. Social Media Disclaimer

This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or any other social media platform.

Entrants release all social media platforms from any liability associated with the Competition.

Entrants must not:

• harass or bully any person;
• use offensive or defamatory language;
• create multiple accounts to enter;
• use bots or automated software; or
• falsely tag accounts or individuals.

The Promoter reserves the right to remove entries or disqualify entrants who breach these rules.

8. Exclusion of Liability

The Promoter will not be liable for any late, lost or misdirected entries due to technical disruptions, network congestion or any other reason outside the Promoter’s reasonable control.

To the maximum extent permitted by law, the Promoter excludes all liability for:

• technical malfunctions;
• website outages;
• theft or unauthorised interference;
• administration errors;
• variations in prize value; and
• tax liabilities incurred by entrants or winners.

Except for liability that cannot legally be excluded, entrants release and indemnify the Promoter and its officers, employees, contractors and agents from all claims, loss, damage, liability or expense arising from:

• participation in the Competition; or
• acceptance or use of any prize.

Nothing in these Terms and Conditions excludes rights under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

9. Limitation of Liability

To the maximum extent permitted by law, the Promoter’s total aggregate liability arising out of or connected with the Competition is limited to the amount paid by the entrant to the Promoter during the three (3) months preceding the relevant claim, which may be zero.

10. General

These Terms and Conditions are governed by the laws of Victoria, Australia.

Entrants submit to the exclusive jurisdiction of the courts of Victoria and its appellate courts.

Failure by the Promoter to enforce any right at any stage does not constitute a waiver of that right.

If any provision of these Terms and Conditions is found invalid or unenforceable, the remaining provisions continue in full force and effect.

Capitalised terms used throughout these Terms and Conditions are defined in Part A unless specified otherwise.

11. Permit Information

Permit and licence numbers will be published prior to the commencement of the Competition where required by applicable Australian state and territory laws.