TERMS AND CONDITIONS

PARTICIPATION

1. This competition (“Competition”) is conducted by Evolve Facility Management Pty Ltd, ABN 644 177 506 (“the Promoter”), of 11 McInnes St, Ridleyton SA 5008, ph +61 (09) 8271 5355. All entry instructions and prize information published by the Promoter form part of these conditions. By entering, entrants accept these conditions.

2. The Competition is only open to individuals who: (i) are Australian residents aged 18 years or older at time of entry; and (ii) are not directors, management or employees, or their immediate family members, of the Promoter or its related companies, its agencies, or other companies associated with, or benefiting from, the Competition (such as Perth Motorplex) (“Eligible Entrant”). A reference to “immediate family member(s) 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 first cousin.

3. Competition entry commences at 9.00am on 10 September 2023 and closes at 11.59pm on 10 September 2023 (“Entry Period”). Except as otherwise stated, all times are Perth time.

4. The Competition will be drawn on Monday 11 September 2023 at the Perth Motorplex.

ENTRY

5. In these conditions: a. “Entry Form” means the online entry form provided by the Promoter. b. “Competition Advertisement” means an advertisement which links to a form to enter the competition.

6. To enter the Competition, an Eligible Entrant must, during the Entry Period by one of the following methods: a. Scan the QR code located at the Perth Motorplex Display at the Celebration of Motorsport event and complete the entry form; Entrant must follow the steps to complete the entry form and provide first name, last name, email and phone number. Entrant must tick the box agreeing to the Competition’s Terms and Conditions as well as to receive marketing communications. To be a valid entry, the Eligible Entrant must, during the Entry Period, provide all details required by the Promoter.

7. The Promoter reserves the right to modify or suspend the Competition from time to time, at the Promoter’s discretion, without notice to the Eligible Entrant. The Promoter assumes no responsibility for any error, omission, interruption or delay an Eligible Entrant may experience from the Promoter modifying or suspending the Competition.

8. It is a condition of entry that Eligible Entrants consent to receive Perth Motorplex marketing communications and do not opt out during the Entry Period.

9. Entrants may only enter the Competition in their own name. Multiple entries are permitted, but each entry must comply with these conditions.

10. Entries must be received by the Promoter during the Entry Period. Entries will be deemed received at the time that the Promoter is satisfied that all necessary requirements under condition 6 have been met and not at the time of submission by the Eligible Entrant. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or delays or failures in any equipment or telecommunications service used to administer this Competition.

11. The Promoter is not responsible if your mobile device, desktop computer or similar electronic device is not sufficiently capable for the purpose of submitting an entry.

12. Eligible Entrants must submit their internet entry manually. The Promoter may reject internet entries if it reasonably forms the opinion that they have been entered by Eligible Entrants using automated entry means or by use of a competition entry service.

13. The Promoter may, in its absolute discretion, declare an entry invalid or disqualify any entrant that tampers with the entry process or benefits from such tampering, submits an entry that is incomplete or not in accordance with these conditions, or otherwise acts in a manner that is disruptive, dishonest or calculated to jeopardize the fair and proper conduct of this Competition.

14. The Promoter reserves the right to require an entrant to verify the validity of their entry within the requested time, including but not limited to an entrant’s identity, eligibility, age and address and to disqualify any entrant who does not satisfy any entry criteria in these conditions. Errors and omissions may be accepted at the Promoter’s discretion. Proof considered suitable for verification is at the Promoter’s discretion.

DRAW AND PRIZE

15. All valid entries received during the Entry Period will be entered into the prize draw.

16. The (“Grand Prize”) is a Silver Adult Season Membership of the winners choosing to Perth Motorplex of the 2023-2024 Season. (either a. Speedway or b. Drag Racing)

17. There is one Grand Prize to be won.

18. The Promoter may draw reserve entries in a prize draw and record them in order to use in the instance of an invalid entry or an ineligible entrant is drawn, or if a prize is not claimed in accordance with these Competition terms (Reserve Entrants).

19. The winner must arrange their own collection of The Membership from the Promoter. The winner will be advised of the location, and the time and date at which the Membership can be collected. The Promoter is not liable for any costs associated with the collection of the Membership. Any collection costs will be at the winner’s expense. If the winner is unable to collect the Membership from the Promoter, the winner may elect to incur the cost of posting the Membership to an alternate claim point as nominated by the winner.

20. The total prize pool is valued at up to $800 AUD including GST. The Promoter takes no responsibility for any variation in a prize’s value due to exchange rate changes or otherwise.

21. The Promoter takes no responsibility or makes any warranties regarding the Grand Prize.

22. Any additional costs not expressly stated, but which may be incurred in acceptance and use of a prize, are the responsibility of the winner.

23. No compensation will be payable if a winner is unable to take any element of a prize as stated, or does not satisfy any conditions of use for any element of the prize, for whatever reason. Any part of a prize that is not taken for any reason is forfeited and no compensation will be provided.

24. If a prize (or part of a prize) is unavailable for any reason, the Promoter may, in its absolute discretion, substitute alternative goods or services of equal or higher value, subject to the approval of any relevant gaming authority, where required. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a prize (or part of prize) is unavailable for any reason.

25. Other than as expressly stated in these conditions, a prize is nontransferable, non-refundable, non-exchangeable, non-replaceable, and non-redeemable for another prize including cash, except at the Promoter’s discretion and subject to relevant State and Territory legislation.

PRIZE WINNER

26. The winners of the prize will be formally notified within 7 business days of the draw by a phone call or email,

27. The prize notification will include instructions as to how the winner is to claim their prize.

28. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

29. The name of the winner and their State or Territory of residence may be published on the Perth Motorplex social media.

30. Subject, where relevant, to any directions given by a relevant gaming authority, if: (i) the prize is not claimed by a winner or the Promoter has been unable (despite reasonable efforts) to successfully contact the winner on or before 15 September 2023; or (ii) the prize is forfeited for any reason; or (iii) the winner is determined by the Promoter to be ineligible to win the prize in accordance with these conditions, the prize will be forfeited and instead awarded to either to another Eligible Entrant from the list of Reserve Entries, or, if required, to another Eligible Entrant in a redraw. Any such redraw will be made from a pool of the remaining Eligible Entrants and will take place at a later date in September 2023 at the same location as the original draw, with any unclaimed prizes awarded to the next valid entry randomly drawn.

31. The resulting reserve winner(s) or redraw prize winner will be notified within 7 days of the redraw by a phone call or email using the details provided in their entry.

GENERAL

32. Nothing in these terms and conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

33. If for any reason this Competition is not capable of running as planned, or is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, weather event, civil unrest, strikes, pandemics, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to the approval of any relevant gaming authorities, where required.

34. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorised access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); or (v) any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a prize.

35. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. All of the Promoter’s decisions in relation to all aspects of this Competition are final and no further correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

36. The winner accepts the prize at their own risk. Any tax liability arising as a result of accepting the prize is the responsibility of the winner. Independent financial advice should be sought.

37. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the “Relevant Parties”) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or the prize, including without limitation: (i) any indirect, special, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death. To the extent that such liability cannot be excluded by law, it is limited to the minimum allowable by law. The Promoter may request that a winner signs and returns a deed of release to this effect as a condition of the prize being awarded. If a winner fails to sign and return such release, they may forfeit the prize.

38. The winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding winning the prize, free of charge, and consent to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in promotional material in any media at any time without notification or compensation, financial or otherwise.

39. The Promoter may communicate or advertise this Competition using social media platforms i.e. Facebook, Instagram, Snapchat, and Twitter (“Social Media Platform”). However, the Competition is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform. Each entrant completely releases the Social Media Platforms from any and all liability in relation to this Competition, and acknowledges that this Competition is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform. Eligible Entrants provide their information to the Promoter and not to any Social Media Platforms.

PRIVACY STATEMENT AND MARKETING CONSENT

40. Entrant’s personal information is collected from entrants (and/or companions) by or on behalf of the Promoter to enable the Promoter and its agents to manage, administer and promote the Competition and, where applicable, publicise the winner. The personal information may also be provided to persons assisting the Promoter, including prize suppliers and deliverers, marketing agencies and IT providers, and to gaming authorities, media outlets and related companies. The Promoter will disclose Eligible Entrants’ personal information and/or collect personal information about Eligible Entrants from persons overseas to engage in its business functions and activities and for the purposes detailed in this statement. The Promoter may disclose a winner’s name and State/Territory of residence. The winner’s name may also be published on the Promoters website and Maddington Toyota related websites or social media. By participating in the Competition (and/or accepting the prize), Eligible Entrants consent to these uses and disclosures of their personal information.

41. Entry into the Competition also entitles the Promoter and any related companies that use the Perth Motorplex (“we”/”us”) to let the Eligible Entrant know from time to time about news, offers, products and services they might be interested in (by any medium, including telephone, email, mail, SMS or online marketing). In order to carry out direct marketing, entrants’ personal information will be collected from and disclosed to others that provide us with specialised data matching, trending or analytical services, as well as general marketing services. We, and other people who provide us with services, may combine the personal information collected from entrants or others, with the information we, or other companies, or our service providers already hold about entrants. We may also use online targeted marketing, data and audience matching and market segmentation to improve advertising relevance.

42. Each Eligible Entrant agrees that they must provide and/or maintain their consent to receive such marketing communications and not opt out of receiving such communications during the Entry Period.