Valvoline Promotions

TERMS & CONDITIONS

VALVOLINE TOPTUL TOOL TROLLEY COMPETITION

1. The “Promoter” of Valvoline Toptul Tool Trolley Promotion (“Competition”) is Valvoline (Australia) Pty Ltd (ABN 860 004 46855), Suite 603, 2 Burbank Place, Baulkham Hills 2153, New South Wales, Australia, Telephone: (02) 8603 2300.
2. Information on how to enter and prize form part of these Terms and Conditions. By entering this Competition, Entrants agree to be bound by these Terms and Conditions. Any instructions relating to the Competition on the Promoter’s website (valvolinepromotions.com.au) form part of these Terms and Conditions.
3. The Promoter may in its discretion refuse to award any prize to any Entrant who fails to comply with these Terms and Conditions.

Eligibility

4. “Entrant”: Entry into the Competition is exclusively available to mechanic apprentices aged 16 years or older who are employed by a registered automotive business in Australia or New Zealand (each an “Eligible Business”).
5. This Competition is not open to businesses whose corporate guidelines preclude participation in such competitions.
6. Employees and the immediate families of the Promoter and agencies associated with the Competition, or with the provision of the prize(s), are not eligible 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.

Competition Period

7. “Competition Period”: The Competition opens at 7.30am Australian Eastern Standard Time (AEST) on Wednesday 01 March 2023 and closes at 11.59pm Australian Eastern Standard Daylight Time (AEDST) on Friday 31 March 2023.

Entry Method

8. To enter the Competition, Entrants (or an authorised person on behalf of an Entrant) must complete the following steps during the Competition Period:
   1. Visit valvolinepromotions.com.au (“Promotional Website”) and select the Valvoline Toptul Tool Trolley Competition tile;
   2. Complete the Entrant details form;
   3.  Answer the question “Tell us in 50 words or less, why you need your own tool trolley and tool kit?
   4. Submit the fully completed entry form.

   Only one (1) entry is permitted per employee per Eligible Business. If an entrant submits more than one entry, only the most recent entry submitted will be valid.

9. Incomplete or indecipherable entries will be deemed invalid.
10. Entrants must have authorisation from their employer to make reference to and represent that Eligible Business in their entry.

Major Prize Selection

11. The Major Prize (defined below) winner will be selected by the panel of judges based on the entry method outlined in clause 8 who include:
    

    Name	Title
    Joshua Crowle	Valvoline Automotive Trade Product Manager
    Tara Loizou	Valvoline Marketing Manager
    Sam Dwyer	Charlie Smith Marketing Agency Director
    Steve Davis	Charlie Smith Marketing Agency Director

    The judges may select additional reserve entries which they determine to be next best, and record them in order, in case of an invalid entry or ineligible entrant. This is a game of skill and chance plays no part in determining the seven (7) winners. Each entry will be individually judged based on literary and creative merit and originality of the answer provided to the Competition question outlined in clause 8.

Major Prize Competition Prizes

12. Seven (7) Entrants with the best valid entries as determined by the judges will each win the following major prize valued up to AUD$2,500 each (depending on winner’s location) (“Major Prize”). The Major Prize details are below:
    a. A Toptul 7 drawer tool trolley with a 261 piece tool set.
13. The Major Prize winner will be selected by the panel of judges as per clause 11 at 11:00am AEST on Monday 24 April 2023, at Valvoline (Australia) Pty Ltd, Level 6, 2 Burbank Place, Baulkham Hills NSW 2153.
14. Winners will be notified in writing by email and by telephone and/or in person within two (2) business days of being selected as a winner.
15. The names of winners will be publicly announced on the Valvoline Australia Facebook (https://www.facebook.com/valvolineaustralia/) and Valvoline New Zealand Facebook (https://www.facebook.com/valvolinenewzealand) pages on Monday 08 May 2023.
16. Winners have two (2) weeks to accept the Major Prize. Should the Major Prize not be accepted after two (2) weeks, the Major Prize may be awarded to the next best valid entry as selected by the panel of judges. The new Major Prize winner will be notified by email and by telephone/in person within two (2) business days of being selected. The name of any such winner will be publicly announced on Valvoline Australia Facebook (https://www.facebook.com/valvolineaustralia/) and Valvoline New Zealand Facebook (https://www.facebook.com/valvolinenewzealand) pages Monday 22 May 2023.
17. Total prize pool is valued at up to AUD$17,500. The Major Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. If the Major Prize (or part of the Major Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Major Prize (or part of the Major Prize) with a prize (or part of the prize) to the equal value and/or specification, subject to any written directions from a regulatory authority.

General

18. Winner is responsible for any taxes payable as a result of being awarded the Major Prize.
19. The Promoter reserves the right, at any time, to verify the validity of entries Eligible Businesses and Entrants (including an Entrant’s employment and an Eligible Business’s place of business and related purchase records) 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 Competition. 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 violations are reserved.
20. The Promoter’s decision is final and no correspondence will be entered into.
21. Subject to clause 16, if for any reason a winner does not accept the Major Prize (or an element of the Major Prize) at the time stipulated by the Promoter, then the Major Prize (or that element of the Major Prize) will be forfeited.
22. Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original artistic/literary work of the entrant that does not infringe the rights of any third party;
    5. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    6. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

    Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.

23. As a condition of entering this Competition, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
24. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation on their behalf.
25. Any cost associated with accessing the Promotional Website is the Entrant’s responsibility and is dependent on the Internet service provider user.
26. Entrants consents to the Promoter using their name, likeness, image, and/or voice in the event they are a winner (including but not limited to photograph, film and/or recording of the same), their fifty (50) words or less entry, and the details of the Eligible Business where the Entrant is employed in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
27. If this Competition 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 the relevant regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
28. 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 Competition.
29. 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 Major Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by the Entrant or Winner; or (f) use of the Major Prize or attendance at the Major Prize event.
30. As a condition of accepting the Major Prize, the winner shall 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.
31. The Promoter may collect personal information (“PI”) from Entrants in order to conduct the Competition 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 www.valvolinepromotions.com.au/privacy. 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.
32. The laws of New South Wales, Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.