BMW Australia Ltd (ACN 004 675 129) and BMW Australia Finance Limited

(ACN 007 101 715) (collectively, BMW) appreciate your interest in their products and your visit to this website. These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, do not use this website. BMW reserves the right to amend these terms and conditions at any time and such amendment will apply upon publication on this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website or the purchase of goods or services from BMW or its authorised dealers.

Copyright

Copyright BMW and BMW AG, Munich, Germany (collectively, BMW Group). All rights reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use, transmission or distribution and may not be modified or posted to other websites. This website may contain content that is subject to the intellectual property rights of third parties.

Trademarks

Unless otherwise indicated, all trademarks on this website are subject to the trademark rights of BMW Group, including marks, model names, logos and emblems.

No Licences

BMW has sought to achieve an innovative and informative website. However, you also need to understand that BMW Group must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, please appreciate that no licence to use the intellectual property of BMW Group or the intellectual property of third parties has been granted by this website.

Product Information

While BMW has endeavoured to ensure that all information, representations, illustrations, specifications, terms and conditions and prices, fees or charges contained on this website are accurate at the time of publication, the information on this website is general in nature only and may show overseas product features, specifications or models. Product features, specifications, models and prices, and service terms and conditions, fees and charges, are subject to change without notice. The general information on this website should always be read in conjunction with other specific materials and information available from BMW and its authorised dealers. BMW will, subject to legal requirements, determine the Model Year designation of its vehicles. The Model Year designation on any particular model may be longer or shorter than twelve months.

Unless otherwise specified, prices shown are the manufacturer's recommended prices. Actual prices may vary according to individual circumstances and may vary between authorised dealers and states/territories.

Nothing on this website should be taken as constituting a quote or offer of finance or insurance, or the provision of financial or taxation advice. All applications for finance or insurance are subject to BMW Australia Finance Limited's normal approval criteria. Full details of BMW Australia Finance Limited's available interest rates, fees and charges and terms and conditions are available from the Business Manager at your authorised dealer.

To the extent permitted by law, BMW excludes all express and implied warranties or guarantees and all liability, whether direct, indirect, special or consequential, arising from negligence or otherwise relating to the use of this website, any inaccuracies and for any non-compliance by any goods or services with any representation, illustration, specification, product feature, colour or other information contained on this website.

Nothing in these Terms and Conditions should be taken to exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred or implied under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other law, where to do so would contravene that law, or cause any part of these Terms and Conditions to be void. In particular, where our goods are acquired by a consumer within the meaning of the Australian Consumer Law, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

BMW is not responsible for the contents of websites that are maintained by third parties and therefore waives its liability for any links from this website to other websites.

Please note that the colours displayed for vehicles within this website may alter from one computer monitor to another. Please consult your authorised dealer when inquiring about vehicle colours and availability.

BMW Group Privacy and Credit Information Policy

Cookies

Cookies are small files which are temporarily installed on your hard drive. BMW uses cookies to keep track of their users' preferences and thereby design the website to best meet users' requirements. You can prevent cookies from being saved on your hard drive by selecting the appropriate setting on your browser – simply follow your particular browser's instructions. Deactivating cookies could mean that you might no longer be able to enjoy offers from BMW in their entirety.

Terms and Conditions - 50 Years of 3 Series UGC Competition

PROMOTION OUTLINE

TERMS & CONDITIONS SCHEDULE

1.  These terms and the Promotion Outline form the "Conditions of Entry" for this Promotion and set out all of the information you need to know regarding this Promotion. Capitalised terms have the meaning given in the Promotion Outline, unless otherwise stated. If there’s any inconsistency between these terms and the Promotion Outline, then what’s in the Promotion Outline is correct. By submitting your Entry, you agree that these Conditions of Entry apply to your Entry.

2. The promoter is BMW AUSTRALIA PTY LTD (ACN: ABN 11 004 675 129) of MULGRAVE VIC 3170 (‘Promoter’, ‘we’, ‘us’).

3. Any updates to these Conditions of Entry will be available on the BMW Australia website

4.  The eligibility requirements for this Promotion are set out in the Promotion Outline.

5.  To enter, you must follow the Entry Procedure.

6.  We will not accept Entries which fall within the scope of clause 12 of this Schedule, or Entries that are incomplete, illegible, or which are generated by computers or other automated means.

7.  We reserve the right to disqualify your Entry in the event of non-compliance with these Conditions of Entry, where you do not comply with the Entry Requirements or are an Excluded Person, where the Entry fails to meet any content guidelines set out in the Entry Procedure or clause 12 of this Schedule, or if (in our reasonable opinion), you tamper or interfere with an Entry mechanism in any way.

8. If the Promotion cannot run for reasons beyond our control (for example, infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, or technical failures), we reserve the right to cancel, suspend, modify or terminate the Promotion. If that happens, we’ll select a Winner from eligible entries received at the time.

9.  All decisions made by us regarding any aspect of the Promotion are in our absolute discretion, final, and no correspondence will be entered into.

10.  You must take full responsibility for the content of your Entry and for ensuring that your Entry complies with these Terms and Conditions. When we talk about “Entry content”, we mean any content (including text, photos, videos and email messages) that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.

11.  We reserve the right to verify, or to require you to verify, that your entry is your original work. If an Entry cannot be verified to our satisfaction, that Entry will be deemed invalid.

12.   Your Entry must not include:

(a) any image or voice of any other person, unless you have that person’s permission. If your entry includes this content, you confirm that you have consent from the relevant person;

(b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent, objectionable or inappropriate (which includes any content involving nudity, malice, excessive violence or swearing); and

(c)  any content which infringes the intellectual property rights (such as copyright and trade marks) of another person. If you’re not sure whether you have the right to include particular content (for example, recorded music), don’t include it. By including any such content in your Entry, you confirm you have the permission of the owner to do so and that this permission allows us to use the Entry in accordance with these Conditions of Entry.

13.  We may, in our absolute discretion, edit, modify, delete, remove or take-down any part of your Entry.

14.  Any cost associated with entering the Promotion is the entrant's responsibility and, in the case of online entry, is dependent on the Internet service provider used.

15.  All entries become the property of the Promoter, and by entering each entrant assigns all Intellectual Property Rights in their entry to the Promoter and waives all moral rights (as defined by the Copyright Act 1968 (Cth)) relating to their entry.  Entrants consent to the Promoter using their entry, name, testimonial, 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.  In these Terms and Conditions, "Intellectual Property Rights" means any and all patents, patent application, know how, trademark, trademark applications, trade names, registered designs, copyright, database rights or other similar intellectual property rights.

16.  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 ("Non-Excludable Guarantees").

17.  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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.

18.  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, and prize suppliers. 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 <https://www.bmw.com.au/en/footer/footer-section/privacy.html>.  In addition to any use that may be outlined in the Promoter's Privacy Policy, the Promoter, may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or contacting 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. Unless otherwise specified by the Promoter, the Promoter may disclose entrants' PI to entities outside of Australia (see Promoter's Privacy Policy for details).

19. The Prize is set out in the Prize Details and is subject to any restrictions specified in the Prize Restrictions. The Prize value is accurate as at the commencement date of the Promotion. Any variation after that date is beyond our control.

20. Prizes are not transferable, exchangeable or redeemable for cash.

21. The Prize involves international travel.  The Winner will not be eligible to receive the prize unless the Winner is able to demonstrate that they have a valid passport that will allow them to travel and will have at least six (6) months remaining validity after the planned return date from the travel.  The Winner must comply with any conditions of carriage imposed by and third party, including airline and transport operators, in the course of redeeming the Prize.

22. All costs, fees, charges or expenses associated with the Prize, which are not specified in the Promotion Outline, are the responsibility of the Winner.  You will be responsible for any tax liability associated with a Prize.

23. The Promoter strongly recommends that the Winner take out and maintain adequate travel insurance, and otherwise refers to clause 17 of these terms, above.

24. This Promotion is a game of skill. The Winner will be determined as set out in “Determination of the Winner” section in the Promotion Outline. We will notify the Winner, and publish their name and Entry, in accordance with the Winner’s Notification information set out in the Promotion Outline.

25.  The Prize will be delivered using the address information provided, unless the Winner provides an alternative address at the time they are notified as being a Winner. The Winner must use reasonable efforts to co-operate with the Promoter to arrange for redemption of the Prize, including by providing all information necessary for the booking of international travel and making hotel and tour reservations.

26. If (having made reasonable efforts) we cannot contact a Prize Winner, or if any Prize is not accepted or claimed by the Prize Claim Date, that Prize Winner’s Entry may be deemed invalid, and we reserve the right to distribute the unclaimed Prize to the next best Entry or forfeit the Prize.

27.  At our request, the Prize Winner may be required to sign an indemnity and exclusion of liability form provided by us. If a Winner does not sign that form within the time specified by us, they will not be able to participate and that Winner’s Entry or Prize claim will be declared invalid. We will then award that Prize to the next best Entry.

28.  If you are the Winner, you are responsible for your use of the Prize, including complying with all relevant laws and any applicable terms and conditions of use.  In particular, if the Winner misses any transport leg or does not attend any tour or activity forming part of the Prize, the Promoter will not be responsible for the costs or arrangement of alternative travel or rescheduling of the tour/activity (as applicable).

29.  If requested by us, each Winner must participate in all promotional activity (such as publicity and photography) surrounding the Winning of the Prize, free of charge. If you are a Winner, you consent to us using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without compensation for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by us.

30.  We accept no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. We have no control over telephone communications, networks or lines and accept no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  We are not liable for any consequences of user error including any costs incurred. We are not liable for any data usage costs incurred by the Entrant, in addition to costs incurred by accessing and utilising design software (i.e., Adobe Photoshop, Adobe Illustrator, Adobe InDesign) used to create or design the Entrant’s submission.

31.  You acknowledge that there may be inherent risks in some aspects of the Promotion or the Prize and that participation in the Promotion or the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, you accept that risk.

32.  To the extent permitted by law, we will not be liable for any loss or damage whatsoever (including direct or consequential loss) or personal injury suffered or sustained in connection with the Prize or this Promotion.33. The Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.

34. By entering and participating in this Promotion, the Entrant agrees to release the Social Media Platforms stated in the Promotion Outline from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) Entrant’s participation in the Promotion, or (ii) Entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)).