CHERY MOTOR AUSTRALIA PTY LTD

Terms and Conditions of Entry for the Design the Drive of Tomorrow 2024 - Powered by the OMODA

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 CHERY MOTOR AUSTRALIA PTY LTD (ACN: 662 958 205) of Building F, Suite 3.03, 1 Homebush Bay Drive, Rhodes NSW 2138, Australia (‘Promoter’, ‘we’, ‘us’).
3. Any updates to these Conditions of Entry will be available on our competition page Design the Drive of Tomorrow - Powered by OMODA (cherymotor.com.au).
4. The eligibility requirements for this Promotion are set out in the Restrictions.
5. To enter, you must follow the Entry Procedure.
6. We will not accept entries which 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, failure to meet any content guidelines set out in the Entry Procedure, 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 Conditions of Entry. 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. Entries must be your original work. 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:
    1. 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;
    2. 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
    3. 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. By submitting an entry to the Promotion, you agree to assign all rights in your entry to us and consent to us using your entry in any manner we wish (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without compensation. By submitting an entry, you consent to any dealings with the entry that may otherwise infringe your moral rights in the entry. We may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. We may also allow third parties to do these things.
15. The Promoter is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and by entering this Competition, the entrant is taken to consent to the Promoter privacy policy. Accordingly, the Promoter collects personal information in order to conduct the Promotion and may, for this purpose, or any related secondary purpose disclose such information to third parties including but not limited to agents, employees and service providers assisting with this Promotion. Entry is conditional on providing this information. The Promoter will keep your personal information for only as long as is necessary to carry out the purpose(s) described above (unless we are required or permitted by law to hold the information for a longer period). The Promoter may use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. All personal information will be collected, handled and dealt with by the Promoter in accordance with the Promoter’s privacy policy at https://cherymotor.com.au/legal/privacy-policy/ Entrants should direct any request to access, update, correct information or opt out to the Promoter.
16. The prize(s) are set out in the Prize Details and are subject to any restrictions specified in the Prize Restrictions. Prize values are accurate as at the commencement date of the Promotion. Any variation after that date is beyond our control. All costs, fees, charges or expenses associated with the prize(s), which are not specified in the Schedule, are the responsibility of the winner(s).
17. Prizes are not transferable, exchangeable or redeemable for cash. If for any reason a prize is not available, we will substitute it for another prize of equal or higher value (in our discretion).
18. This Promotion is a game of skill, and chance plays no part in the selection of the winner(s). Each eligible entry will be judged by us based on, amongst other things, the Judging Criteria. The judges’ decision is final, and no correspondence will be entered into. We will notify winners, and publish their names, in accordance with the Notification and Publication of Winners information set out in the Schedule.
19. Prizes will be posted using the address information provided, unless the winner provides an alternative address at the time they are notified as being a winner. If prizes are not suitable for posting, we will determine the best delivery method. Prize winners should allow up to four weeks for delivery. We accept no responsibility for any lost or misdirected mail, or any damage to prizes caused in transit.
20. 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 unclaimed prizes to the next best entry or forfeit the prize.
21. At our request, prize winners (and their companion(s), if applicable) must sign (or ensure that their parent/guardian signs) an indemnity and exclusion of liability form provided by us. If a winner (or their parent/guardian) 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.
22. If you are a winner, you are responsible for your use of the prize, including complying with all relevant laws and any applicable terms and conditions of use.
23. On submission, entries become the property of the Promoter. We may, in our absolute discretion, edit, modify, delete, remove or take-down any part of your entry. By submitting an entry to the Promotion, you agree to assign all rights in the entry to us and consent to us using the entry in any manner we wish (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without compensation. By submitting your entry, you consent to any dealings with the entry that may otherwise infringe your moral rights in the entry. We may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. We may also allow third parties to do these things.
24. 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.
25. 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 individual or group design as part of the entrants submission.
26. 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 for yourself and for your companion(s) (if applicable).
27. You will be responsible for any tax liability associated with a prize.
28. 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 prizes or this Promotion. We accept no responsibility for any tax liabilities that may arise from winning a prize.
29. We are not responsible for use of a prize which results in:
    1. loss that was not reasonably foreseeable;
    2. loss that was not caused by our breach of these Conditions of Entry or by our negligence;
    3. business losses (such as lost data, lost profits or business interruptions) or loss suffered by non-consumers;
    4. losses caused by factors which could reasonably be considered to be outside our control (such as faults in third party equipment); and
    5. any loss caused, or contributed to, by an entrant’s breach of these Conditions of Entry or an entrant’s negligence.
30. These Conditions of Entry are governed by the laws of New South Wales.
31. The Promotion is in no way sponsored, endorsed or administered by, or associated with Meta platforms or Tiktok.
32. By entering and participating in this Promotion, the entrant agrees to hold harmless, defend and indemnify Meta platforms or Tiktok 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).