Terms & Conditions 01 03 2021
AUTO EXOTICA GIVEAWAY – Terms and Conditions GENERAL
AUTO EXOTICA (TTF Anton International Trust T/A Anton International/Auto Exotica ABN 225 ) of Unit 1, 220 Star Street, Welshpool WA 6106, (hereinafter referred to as ‘We’ or ‘Us’ or ‘Our’), is conducting a trade promotion lottery by way of a lucky draw (hereinafter referred to interchangeably as the ‘Contest’ or 'Giveaway') for individuals (hereinafter referred to as ‘Participant’ or ‘Participants’ or ‘Members’ or ‘Entrants’ or ‘Them’ or ‘You’ or ‘Your’).
Should there be any contradiction between these Terms and Conditions and the Provisions of the Gaming and Wagering Commission Act, the Provisions of 36A Prescribed conditions for trade promotion lottery (Act s.102) copied at the bottom of these Terms and Conditions will prevail.
Gaming and Wagering Commission Act 1987 Section 102
A trade promotion lottery is a lottery conducted to promote the sale of goods or the use of services, in which every participant takes part:
Provided you meet the prescribed conditions associated with a trade promotion lottery, then you are not required to apply for a permit to operate your competition, but you must conduct your competition in accordance with these conditions.
1. The Contest commences at 12.00am AEST on the 1st APRIL 2021 and concludes at 11.59pm AEST on the 1st APRIL 2022 at the latest - or at a point when 6,500 entrees are allocated). Whilst there isn't a requirement to 'cap' the number of entrees, we have selected 6,500 entrees to provide the best chances for our members.
2. The Giveaway event, at which the winners for prizes will be drawn, will be streamed live via our Facebook and Instagram pages on the 1st APRIL 2022 (Or on the Saturday two weeks after hitting the Cap). The draw will be conducted in Welshpool, Western Australia and the public are welcome and invited to attend the event which will be advertised a week before its commencement. Entrants do not need to be present at the draw and every attempt will be made to contact any winners.
3. Information on how to enter and prizes form part of the terms of entry. Entry into the Contest is deemed acceptance of these terms and conditions.
4. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
5. Entry is open to all Australian Residents except employees and immediate families of AUTO EXOTICA and their associated companies and agencies. Immediate family includes 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.
6. Participants shall be allowed to enter the Contest via official links provided by the website and social media platforms, IF: a) Participants agree to comply with the Terms and Conditions; and b) Participants purchase the package from the official links. Purchases not from autoexotica.com.au or club.autoexotica.com.au are not genuine and will not be eligible.
ENTRY TO THE CONTEST
7. We are giving away our CHEVEROLET CAMARO as a promotion of the AUTO EXOTICA brand. In order to be eligible for the Contest, participants are required to purchase a package or product, which is a once only payment via the official links which shall automatically place them in the Contest - no further actions will be required for entry. Details of the packages can be found on the official website www.autoexotica.com.au
8. The Participants will have to purchase either a Silver, Gold, Platinum or Diamond Auto Exotica club membership package via https://club.autoexotica.com.au or links via our social media platforms which will automatically place you in the draw.
9. The total prize pool is worth $83,000.
a. FIRST PRIZE: 1967 CHEVROLET CAMARO SS valued at $80,000 AUD, and includes on road costs and shipping to the winner within WA.
b. SECOND PRIZE: $2,000 AUD Pre-paid EFTPOS Card; and
c. THIRD PRIZE: $1,000 AUD Pre-paid EFTPOS Card.
10. The Winners of each the 3 prizes will be announced live at 4.00pm WA time on the day of the draw. The Date of the draw will be on 02 April 2022 unless the number of entries is reached earlier. If reached earlier, the draw will occure on the Saturday the week after the final place is filled. Draw will be undertaken by allocating a peice of paper with each entry on in a barrel. The winning entry will be selected by an independant person.
11. The announcement of winners will also be broadcast live on all our social media platforms. The Winners shall also be contacted via phone and email immediately at the draw. We will attempt to call three times before sending an email.
12. Winners will be published 24 hours after the draw is made on autoexotica.com.au, Our Facebook page and our Instagram account.
13. The CAMARO will be delivered to the Winner within 15 business days after the draw.
14. If the prize is unclaimed after a 3 calendar month period of the initial draw, the prize will then be redrawn and a new winner announced on the same platforms above. This event will also be open to the public.
15. The Participant shall be entitled to contact us at firstname.lastname@example.org. All communications in relation to the Contest must be made via email@example.com or via our customer support number 086 115 0 115.
REPRESENTATIONS AND WARRANTIES OF AUTO EXOTICA
16. AUTO EXOTICA warrants the following:
a. All vehicles involved in the Contest to be given away as a promotional prize are the property of AUTO EXOTICA.
b. The purpose of this promotion is to bring awareness to the AUTO EXOTICA brand and its products.
c. AUTO EXOTICA neither sells raffle tickets nor any tickets specifically to win these prizes.
d. These prizes are strictly a promotional giveaway, which can be won by any person that purchases a package or eligible product via our website or any official link, thereby becoming a Customer of AUTO EXOTICA.
e. Entries to the Contest are only provided as a promotional prize to Members or Customers of AUTO EXOTICA and cannot be purchased and will not be sold separately.
f. AUTO EXOTICA entirely funds all of their promotions. Everything associated with this promotion is funded by AUTO EXOTICA.
g. AUTO EXOTICA will be supporting the Variety Foundation WA by donating 30% for every package purchased after expenses. AUTO EXOTICA pays for all the prizes and modifications of the vehicles and does not deduct this amount that is donated to charity.
h. The donation will be made by AUTO EXOTICA to the Variety the Children's Charity within 48 hours of the winner being announced.
REPRESENTATION AND WARRANTIES OF THE PARTICIPANT
17. The Participant represents and warrants that it shall not contact any affiliate, employee, sponsor or partner of AUTO EXOTICA in order to manipulate the Contest results.
18. By becoming a Member or Customer of AUTO EXOTICA the Participant agrees to enter the Contest and Agrees that:
a. Any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional prizes shall be resolved individually without any form of class action;
b. Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will AUTO EXOTICA be responsible for any legal fees or concequential losses
c. Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering the Contest.
d. In no event will AUTO EXOTICA, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest, even if AUTO EXOTICA was advised of the possibility of such damages.
e. AUTO EXOTICA reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by AUTO EXOTICA.
f. In the event the Contest is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of AUTO EXOTICA, that corrupt or impair the administration, security, fairness or proper operation of the Contest, AUTO EXOTICA reserves the right to suspend, modify or terminate the Contest.
g. Any attempt by a Participant to deliberately damage the website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, AUTO EXOTICA reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
h. AUTO EXOTICA assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
i. The Contest is void where prohibited or restricted by law, the administration, security, fairness or proper operation of the Contest, AUTO EXOTICA reserves the right to suspend, modify or terminate the Contest.
j. Any attempt by a Participant to deliberately damage the website or undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, AUTO EXOTICA reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
k. AUTO EXOTICA assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof. l. The Contest is void where prohibited or restricted by law. COPYRIGHT, STATUTORY GUARANTEES,
WAIVER AND LIABILITY
19. In consideration for AUTO EXOTICA awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with marketing and promotion of the AUTO EXOTICA brand in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
20. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the ability of AUTO EXOTICA to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, AUTO EXOTICA may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
21. AUTO EXOTICA does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and AUTO EXOTICA shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.
22. AUTO EXOTICA is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
23. AUTO EXOTICA reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The legal rights of AUTO EXOTICA to recover damages or other compensation from such an offender are reserved.
24. All entries become the property of AUTO EXOTICA. AUTO EXOTICA collects personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.
25. All entries become the property of AUTO EXOTICA. All entries will be entered into a database and it may use the entrant’s names and email address for future promotional marketing purposes without notice and without any fee being paid unless otherwise advised by the entrant. By entering this competition, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact AUTO EXOTICA on their details set out in Condition 15. Any request to update, modify or delete the entrant’s details should be directed to AUTO EXOTICA.
26. AUTO EXOTICA collects information about you, including for example your name and email address which you provide when entering the competition. We collect and use that information to provide you with our goods and services and to promote and improve our goods and services. We may use your information as described when we collect information from you. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. Where you have entered a competition, we may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. To request access to, or to update, personal information AUTO EXOTICA holds about you, entrants can contact the office of AUTO EXOTICA by the methods described in Condition 15.
- “Collect” means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
- “Express Consent Consequences” includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act.
- “Expressly Informed” means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
- “Opt Out” means an individual’s expressed request not to receive further Direct Marketing communications.
- “Personal Information” means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s first name, last name, email address, phone number, password and address.
- “Primary Purpose” is the main reason for the Collection of any Personal Information.
- “Reasonable Expectation” means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the relevant purpose.
- “Secondary Purpose” means a purpose of Use or Disclosure other than a Primary Purpose.
- “Sensitive Information” is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).
- “Use” means the handling of Personal Information by our Company.
INFORMATION WE COLLECT
- When you register with us, you provide us information about yourself – your name, email address, phone number etc. If you correspond with us by e-mail, we may retain the content of your e-mail messages, your e-mail address, and our responses. We also collect general information about your use of our services.
- While interacting with other users on the Forum or Interactive Area, you share your contact information, the messages which you share are not private and can be viewed by any member or user of the website.
- The advertisement and other related details that you post on the website and the information which you share therein are collected by us.
- INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES
- When you access or use our Services, we automatically collect information about you, including:
- Log Information: We log information about your use of our website, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our website.
- Device Information: We may collect information about the device you use to access our Services, including the hardware model, operating system and version, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information.
- Location Information: With your consent, we may collect information about the location of your device to facilitate your use of certain features of our Services, determine the speed at which your device is traveling, add location-based filters (such as local weather), and for any other purposes.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. A “cookie” is a small data file transferred to your computer’s hard drive that allows a Website to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes. Overall, cookies are safe, as they only identify your computer to customize your Web experience. Accepting a cookie does not provide us access to your computer or any Personal Information about you, other than the information you choose to share. Other servers cannot read them, nor can they be used to deliver a virus. Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer, Firefox or Google Chrome) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely. If you turn off cookies completely, there may be some website features that will not be available to you, and some Web pages may not display properly. To support the personalized features of our website (such as your country and language codes and browsing functions) we must send a cookie to your computer’s hard drive and/or use cookie-based authentication to identify you as a registered website user.
INFORMATION SHARED WHILE POSTING ON VARIOUS PLATFORMS OF THE WEBSITE
- While interacting with other users on the Forum/interactive area, you share your contact information; the messages which you share are not private and can be viewed by any member or user of the website.
- The advertisements and related material that you post on the website and the information which you share therein are collected by us.
INFORMATION SHARED DURING TRANSACTION
- You agree that you will enter into transactions with third parties through our website and will share your Personal Information with them for easy completion of the transaction. You hereby expressly agree that we shall not be involved or held liable for any breach of the privacy or security of that data. The said breach, if any, shall be a matter of dispute between you and the third party and we shall not be held liable or be issued a notice for the same.
- We STRONGLY recommend that you should be careful and vigilant while disclosing your Personal Information with your transaction partner. Please do not disclose your bank and account details to anyone through our website or to any individual whom you have met through our website.
- We do not take credit card/debit card or other bank details on our website. For payment you will be directed to sign in through the respective payment gateways integrated on our website and the transaction would be completed therein. It is to be noted that we will not be storing any Bank related information on our records and none of our staffs will hold or be exposed to this information.
HOW WE USE YOUR INFORMATION
- We use the personal information we collect to fulfil your requests for services, improve our services and contact you.
- By providing us your e-mail address, you consent to us using the e-mail address to send you our website and services related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send notifications of activity on our website to the e-mail address you give us, in accordance with any applicable privacy settings. We may use your e-mail address to send you other messages, such as newsletters, changes to our features, or other information. If you do not want to receive optional e-mail messages, you may modify your settings to opt out.
- Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from us, you may opt out by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about your account and our Services.
- At our sole discretion, for any reason or no reason at all, we reserve the right to remove any content or messages, if we believe that such action is necessary (a) to conform to the law, comply with legal process served on us, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our website; or (c) to exercise or protect the rights, property, or personal safety of the website, our users, or others.
WE DO NOT SHARE YOUR INFORMATION
- We will not share the personal information we collect about you with any third party for their own marketing purposes without your consent. We have contract with third parties prohibiting them from sharing your Personal Information.
- WE CAN (AND YOU AUTHORISE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.
ENSURING INFORMATION IS ACCURATE AND UP TO DATE
- We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
- Let us know if there are any errors in your Personal Information; and
- Keep us up-to-date with changes to your Personal Information such as your name or address.
HOW WE PROTECT YOUR INFORMATION
- We are very concerned about safeguarding the confidentiality of your personal data. We employ administrative, physical and electronic measures designed to protect your information from unauthorised access.
- By using this website or the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website or Services.
- We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
- Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this Policy is intended to limit any legal defences or objections that you may have to a third party, including a government’s, request to disclose your information.
- We strictly advise you not to share any personal information regarding your bank account details or other confidential information with any other user on the website and in case you do so, you shall be personally responsible for the same. We shall in no such case be held responsible or liable for the same.
YOUR CHOICES ABOUT YOUR INFORMATION
- You have several choices regarding use of information on our Services:
- Changing or Deleting Your Personal Data: You may change any of your personal information by visiting the website and following the directions therein or by emailing us at firstname.lastname@example.org. You may request deletion of your personal data by us, and we will use commercially reasonable efforts to honour your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
- You may, of course, decline to submit personal data through the website, in which case, we may not be able to provide certain services to you. You can review and correct the information about you that we keep on file by editing your account settings or by contacting us directly at email@example.com.
Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, phone number, or email address. No one under age 18 may provide any personal data for accessing the Service. In the event that we learn that we have collected personal data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us.
MERGERS AND ACQUISITIONS
In case of a merger or acquisition, we reserve the right to transfer all the information, including personal data, stored with us to the new entity or company thus formed. Any change in the website’s policies and standing will be notified to you through email.
LINKS TO THIRD PARTY WEBSITES
Our website contains links to other websites. The fact that we link to a website is not an endorsement, authorisation or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
DO NOT TRACK
- Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform website and services that they do not want certain information about their webpage visits collected over time and across websites or online services.
- We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the opt-out links. However, we do not recognise or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
OPTING OUT OF INFORMATION SHARING
- We understand and respect that not all users may want to allow us to share their information. If you do not want us to share your information, please contact us through the firstname.lastname@example.org and we will remove your information as soon as reasonably practicable. When contacting us, please clearly state your request, including your name, mailing address, email address and phone number.
- However, under the following circumstances, we may still be required to share your personal information:
- if we are responding to court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims.
- If we believe it is necessary to restrict or inhibit any user from using any of our Site, including, without limitation, by means of “hacking” or defacing any portion thereof.
PHISHING OR FALSE EMAILS
If you receive an unsolicited email that appears to be from us or one of our members that requests personal data (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us on the contact details provided on the website if you get an email like this.
Continued use of our website and Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
We do not accept any reser
The policy constitutes a part of the user terms. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our website. In case there exists a conflict, we request you to kindly contact us for the final provision and interpretation.
The Gaming and Wagering Commission Authorises the conduct of Trade Promotion Lotteries which are deeped to be permitted lotteries providing that the following conditions are complied with in accordance with Regulation 36A and Schedule 5 of the Gaming and Wagering Commission Regulations 1988 as extracted on 10 March 2021, reviewed on 30 July 2019:
36A. Prescribed conditions for trade promotion lottery (Act s.102)
Schedule 5 Conditions for trade promotion lottery