1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is BMW Australia Limited (ACN 004 675 129), 783 Springvale Road, Mulgrave VIC 3170, telephone 133 269 (“Promoter”).
3. Entry is open to residents of Australia aged 18 and above.
4. 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.
5. Entries into the promotion open on 15/11/2021 and close at 11:59pm AEST on 30/11/2021 (“Promotional Period”).
6. Eligible individuals may enter the Promotion by:
(a) Clicking link on BMW’s Invite to Complete Survey email; and
(b) Completing the entry form on the SurveyMonkey platform by providing their full name, , mobile phone number and email address, and completing the survey
Each individual who does so is an Entrant. Strictly one (1) entry per Entrant.
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an 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 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 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.
8. Incomplete or indecipherable entries will be deemed invalid.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
10. This promotion is a game of chance. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza 210 Central Coast Highway Erina NSW 2250 at 10am AEDST on 1 December 2021. The Promoter may draw additional reserve entries and record them in order in case an invalid or ineligible entrant is drawn.
11. The winner will be notified in writing by email and phone within three (3) business days of the draw.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. Winners’ names will be announced online at https://www.bmw.com.au/cpa/competition on 01/12/2021.
14. The prize for the Promotion is a $1,000 Visa Prepaid Card that can be used for purchasing goods and services where Visa Prepaid Cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions).
15. The prize card will be delivered to the address of the winner as advised to BMW Australia at the time of survey submission The card will expire 12 months from the month of issue.
16. Total prize pool value is $1,000. A prize, or any unused portion of the prize, is not transferable or exchangeable for cash.
17. A draw for the prize, if unclaimed, may take place on 10/01/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if one is required, will be notified in writing by email.
18. 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.
19. 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.
20. 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.
21. 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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents and Related Bodies Corporate) 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 or the redemption or use of any prize.
22. 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.