Hitachi - "The Ultimate Adrenalin Rush" Promotion Terms & Conditions

SCHEDULE

GENERAL

1. All information set out in the Schedule, including regarding prizes and how to enter forms part of these Terms and Conditions. By entering, participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter does not take any responsibility for the cost of, or any other costs related to, the entrants’ access to the Smartgroup’s network of salary packaging or novated leasing companies’ website or application (App), including but not limited to the cost of Internet connection or bandwidth usage.
3. Incomplete, malicious or incomprehensible claims/entries will be ineligible.
4. Prizes or any unused portion of any prize are not transferable or exchangeable. Prizes or any unused portion of any prize cannot be taken as cash.
5. All entries become and will remain the property of the Promoter.
6. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.
7. Entrants consent to each of the Promoters 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.
8. As a condition of accepting a prize in this promotion, each 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.
9. In the event that a prize(s) is/are not available, the Promoter reserves the right to substitute prize(s) including but not limited to colour, size and specifications, in its discretion to the same and equal recommended retail value and/or specification subject to any written directions from the various regulatory authorities.
10. 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.
11. The Promoter 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, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
12. The Promoter reserves the right to request winners to provide proof of age, identity, employment and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
13. The Promoter reserves the right to conduct security verification checks at its absolute discretion. Prize winners may be required to sign a declaration confirming their eligibility to accept the prize.
14. Nothing in these Terms and Conditions limit, exclude or modify 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 State and Territories of Australia (Non-Excludable Guarantees).
15. 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 the promotion, including but not limited to: (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) use of a prize.
16. 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. Each Promoter will use and handle PI as set out in the privacy policy, which can be viewed online at https://www.smartgroup.com.au/privacy-policy (Privacy Policy). In addition to any use that may be outlined in the privacy policy, the Promoter may, for a reasonable 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.