Land Rover & Wallabies ‘Kick for Car’ Competition (the “Promotion”) Terms & Conditions (the “Terms”)
Information on how to enter the Promotion and how to win the prizes forms part of these Terms. Participation in this Promotion is deemed acceptance of these Terms.
In these Terms, unless the context indicates a contrary intention:
Draw Winner means an entrant who is selected to participate in a Game following their name being successfully drawn in one of the draws set out in Annexure 1.
Eligible Match has the meaning set out in clause 3(a).
Entry Period has the meaning set out in clause 4(a).
Game has the meaning set out in clause 8(b).
Kicking Station means the area in which each Game will be played, as described in clause 8.
Participant means a Draw Winner who participates in a Game.
Prize Winner means a Participant that has performed a Successful Kick, subject to clause 10(b), or a Participant that did not perform a Successful Kick but is eligible to receive a Signed Wallabies Rugby Ball (RRP $150) prize in accordance with clause 10(a).
Promoter has the meaning set out in clause 14(l).
Promotional Period has the meaning set out in clause 2.
Successful Kick has the meaning set out in clause 11.
2. Promotion Period
Promotion commences at 12:01am AEST on 30th May 2018 and ends at 3:00pm AEST on 15th August 2018 (“Promotional Period”). The Promotion Period will be divided into four (4) Entry Periods (as defined below) with each Entry Period associated with an Eligible Match (as defined below). The details of each Entry Period including when entries open, close and draws are conducted are outlined in Appendix 1 below.
3. Eligible Entrants
(a) Entry is only open to all Australian residents (excluding South Australia) aged 18 years of age or older who are ticket holders to the matches outlined in Appendix 1 below (each an “Eligible Matches”).
(b) 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.
(c) Entrants who are NOT eligible to take part in the Promotion:
i. Any professional, semi-professional, former professional, or collegiate player for any form of NFL, Football, Soccer, AFL, Rugby Union, Rugby League or other football format;
ii. Anyone that has ever received, or been entitled to receive, more than A$20,000 in payment or reward (including match fees, sponsorship fees, cash, goods or services) for playing any form of NFL, Football, Soccer, AFL, Rugby Union, Rugby League or other football format; and
iii. Anyone that has ever been a member of, or played on, any international NFL, Football, Soccer, AFL, Rugby Union, Rugby League or other football team.
4. How to Enter
(a) Entries open and close for each Eligible Match on the dates and times specified in the table in Appendix 1 below (each an “Entry Period”).
(b) There will be one (1) draw will conducted for entries received during each Entry Period. To enter the draw for a particular Entry Period, an Eligible Entrant must be a ticket holder associated with the Eligible Match for the Entry Period in which they are entering and then complete the following steps during the that relevant Entry Period:
i. Visit http://integr8a.trclient.com/jlrrugby/kick-for-car/; and
ii. Enter their personal details (Including First Name, Last Name, Email Address, Mobile Phone Number and Postcode), select preferred Eligible Match/Game of attendance, confirm that they are a ticket holder for the Eligible Match associated with the Entry Period agree to these Terms, and submit the fully completed online entry form during the respective Entry Period for that Eligible Match.
(c) There is a limit of one (1) entry permitted per person (based on their mobile phone number and email address) per Entry Period and a limit of one (1) prize permitted per person. If a Draw Winner participates in a Game, they will not be permitted to be drawn again for any future Eligible Match or participate in a Game at any future Eligible Match. Multiple entries from the same person and fraudulent entries will be disqualified.
(d) Entrants must be available to attend the Eligible Match nominated on their winning entry to be eligible to be deemed a Participant for that Eligible Match and play the Game. Any costs associated with attending the Eligible Match including costs for travel to and from the Eligible Match will be the responsibility of the Participant. Draw Winners will need to have their own tickets to the respective Eligible Match. Entry is ONLY open to ticket holders (no component of the prize is tickets).
5. Draws & Winner Notification
(a) The draw for each Entry Period will take place prior to each Game at Greeneagle Distribution & Fulfilment (5/9 Fitzpatrick Street, Revesby, NSW, 2212) on the dates and times specified in Appendix 1 below.
(b) The first three (3) valid entries randomly drawn in each draw will be deemed the Draw Winners for that draw (pending they have valid tickets to the respective Eligible Match for which they are drawn) and will each have the opportunity to be Participants in the Game at the respective Eligible Match. The draw conductor will draw additional reserve entries in case of an invalid entry or entrant or in case an entrant cannot be contacted or in case the drawn entrant does not want to participate in the Game (details outlined below).
(c) If any Draw Winners cannot be contacted by 9am (NSW time) the proceeding day of the draw, the Promoter will contact the next reserve winner from the draw. This process will continue with each Draw Winner having 2 hours (120 minutes) to call the Promoter back and accept participation in the Game from the first phone call to them by the Promoter.
6. Publication of Winners
Draw Winners will be published online at http://integr8a.trclient.com/jlrrugby/kick-for-car/ on the respective date as specified in Annexure 1 below.
7. Proxy or replacement participant
Under no circumstances whatsoever will a proxy or replacement Participant be permitted to take part in this Promotion and participate in a Game if the Draw Winner is unable to participate for any reason. An ID check will be carried out by the Promotional Staff prior to each Game starting to ensure the Draw Winner is the correct Participant.
8. Set up of the Kicking Station
(a) Immediately before each Game at each Eligible Match, the Wallabies/Land Rover Promotional Staff will set up the Kicking Stations on the field.
(b) The Kicking Station will be set-up 20 yards (18.29 metres) from directly in-front and centre of the Land Rover Car on the field, in which a Land Rover Specific Target will be placed in the boot of the car in preparation for the Participant’s attempt at the game. The objective of the game is to kick the football into the boot of the Land Rover Car on the field. (“the Game”).
(c) If for whatever reason, the lines are not marked on the field it is required that the Promotional Staff measure and record their measurement in one continuous, unbroken video recording (clearly showing the distance measured).
9. The Game
(a) Before each Game at each Eligible Match, the three (3) Participants will be invited on to the field.
(b) The Participants will then be placed at the 20-yard line and will be instructed to take their kick.
(c) Each Participant will have only one (1) attempt each and can choose to take the kick from a tee, on the ground or from their hands. Any further attempts, will be disqualified. Participants will take it in turn to kick in the order in which they drawn, with first Eligible Entrant drawn having first attempt at a kick.
10. The Prizes
(a) If a Participant completes a Successful Kick, they will win a Land Rover Discovery Sport (2018 SE TD4 Diesel 4WD 5 Seat) with Automatic transmission, valued at up to $55,000. Prize includes registration, compulsory third-party insurance, stamp duty and dealer delivery charges (which may vary State by State) (“Major Prize”). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference (excluding metallic options), subject to availability. If a Participant does not complete a Successful Kick they will NOT win the Major Prize and will instead win the consolation prize of an Official Signed Wallabies Rugby Ball valued up to $150 AUD (“Consolation Prize”).
Applicable to Major Prize: If the winner of the Major Prize, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
(b) Participants’ performance in the Game will be reviewed by an independent scrutineer, and the Major Prize will only be awarded when/if there is no reasonable doubt their kick in the Game amounts to a Successful Kick and is in accordance with these Terms.
(c) There are four (4) Eligible Matches in Australia with three (3) potential winners per Eligible Match. The total maximum prize pool is therefore is up to $660,000 (Inc. GST).
11. Qualifying a Successful Kick
A “Successful Kick” must:
(i) Be kicked by the Participant from the Kicking Station and not moved closer or further from the target or tampered with in any way before the Kick is made;
(ii) Not allow a Participant to have any practice kicks and the Participant may not touch any of the balls before instructed;
(iii) Travel from the Participants foot and enter/pass through the Land Rover target in the boot of a Land Rover car.
If the Promoter (and its third-party providers) believes that the Participant has made a Successful Kick, it will be deemed a Successful Kick and the Participant will win a Major Prize.
12. The Footage
A minimum of two (2) Go-Pros and/or hand-held iPhones will be set up to take footage of each kick attempted by a Participant, or preferably live coverage footage (On Ground Coverage) will be supplied by the Promoter to an independent scrutineer, before a prize will be finally awarded. The footage must show unequivocal evidence that the kick was achieved and deemed a Successful Kick
13. Unclaimed Prize Draw
(a) A draw for any unclaimed prize from an Eligible Match will take place on 15/11/18 at 2pm AEST at Greeneagle Distribution & Fulfilment (5/9 Fitzpatrick Street, Revesby, NSW, 2212), subject to any directions from a regulatory authority.
(b) Prize Winners will be notified by telephone and email within 2 business days of the unclaimed prize draw and will be published at http://integr8a.trclient.com/jlrrugby/kick-for-car/ on 23/11/18.
(c) For clarity, the unclaimed prize draw will only be conducted in the event that a Participant does not claim their prize (Major or Consolation) within 3 months of the date on which they are notified that they are eligible to receive a prize following a Game. (If for example a Participant does not kick the ball in the original Game or a Game does not take place for any reason, the prize that might have otherwise been awarded will NOT be included in the unclaimed prize draw and no prize will be given away in such a case).
(a) The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible 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, tampered with the entry or Game 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.
(b) Incomplete, indecipherable, inaudible or illegible entries (as applicable) will be deemed invalid.
(c) 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 Eligible Entrant.
(d) Subject to the unclaimed prize draw clause, if for any reason a Prize Winner does not take or redeem a prize at or by the time stipulated by the Promoter, then the prize will be forfeited.
(e) Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice (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 hired, distributed, and/or supplied by the Promoter.
(f) 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 Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
(g) Nothing in these Terms 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.
(h) 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:
i. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
ii. any theft, unauthorised access or third-party interference;
iii. 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;
iv. any variation in prize value to that stated in these Terms;
v. if an Eligible Match or Game event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter;
vi. any tax liability incurred by a Prize Winner or Eligible Entrant;
vii. use of and/or taking of a prize; or
viii. the participation of a Participant in any Game.
(i) As a condition of participating in a Game, and/or accepting a prize, each Prize Winner may be required to 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.
(j) Eligible Entrants are warned that there is a possibility of an accident causing injury through their participation in a Game. Any participation in a Game is undertaken at the Participant’s own risk.
(l) The Promoter is Jaguar Land Rover Australia Pty Ltd (ABN 86 004 352 238) of Level 1, 65 Epping Road, North Ryde, NSW, 2113, telephone 1800 625 642.
(m) The Promoter’s decision relating to all aspects of this Promotion is final and no correspondence will be entered into.
(n) Authorised under ACT Permit No. TP 18/01046