TERMS AND CONDITIONS

1. These Terms and Conditions and the Promotion Outline together form the conditions of entry for the Promotion (Conditions of Entry). If there is any inconsistency between these Terms and Conditions and the Promotion Outline, the Promotion Outline prevails. Words defined in the Promotion Outline have the same meaning in these Terms and Conditions. 

2. By entering the Promotion, each entrant accepts and agrees to be bound by the Conditions of Entry. Entry is free. 

3. The Promotion commences and closes at the times stated in the Promotion Outline. Entries received outside the Promotion Period will not be accepted. The Promoter's records are the sole determinant of the time an entry was received. 

4. To be eligible, an entrant must meet each requirement stated in the Eligibility row of the Promotion Outline at the time of entry and at the time the Prize is awarded. 

5. The following persons must not participate in the Promotion and are ineligible to enter: directors, officers, employees and contractors of the Promoter and of its related bodies corporate; of authorised Chery dealers; of the advertising, media and digital agencies engaged in connection with the Promotion; and the judges, together with their immediate family members. Immediate family member means a spouse (including a de facto partner), parent, child or sibling, and the spouse of any of them. 

6. To enter, an eligible person must complete each of steps (a) to (d) in the Entry Procedure row of the Promotion Outline during the Promotion Period. An entry is only valid if all four steps are completed. 

7. Each entrant may submit one entry only. Entries that are submitted more than once, generated by automated means, or submitted from duplicate accounts, are invalid. Where more than one entry is received from the same person, only the first valid entry will be judged. 

8. In addition to clause 6: 

(a) an entry must be submitted from an Instagram account that is public, is operated by the entrant personally, and is not a business, brand, bot or duplicate account; 

(b) the entrant must continue to follow @cheryaustralia, and the comment submitted under step (c) must remain published and publicly visible, from the time of entry until the Prize is awarded. If an entrant unfollows the account, deletes or hides their comment, or sets their account to private, their entry may be deemed invalid; 

(c) because an Instagram Story expires 24 hours after it is posted, the Story share required by step (d) is verified at the time it is made, by the tag notification received by the Promoter. An entrant is not required to keep the Story visible after that time; and 

(d) the Winner is responsible for monitoring their Instagram message requests, as a direct message from an account they do not follow may not appear in their main inbox. 

The comment submitted under step (c) is an entry requirement only. It is not judged or assessed and plays no part in determining the Winner. 

9. Each entrant warrants that their entry: 

(a) is their own original work and does not infringe the intellectual property rights, moral rights or privacy of any person; 

(b) is not defamatory, obscene, offensive, discriminatory, misleading or unlawful, and does not promote any product, service or brand other than the Promoter's; 

(c) does not contain the image or personal information of any other person without that person's consent; and 

   (d) complies with the Instagram Terms of Use and Community Guidelines. 

The Promoter may disqualify any entry that does not comply with this clause and may require the entrant to remove it. 

10. By entering, each entrant grants the Promoter a non-exclusive, royalty-free, perpetual, irrevocable and worldwide licence to use, reproduce, modify, communicate and adapt their entry, including their Instagram handle, for any purpose connected with the Promotion and the promotion of the Promoter's business, in any media, without further notice, consent or payment. Each entrant consents, for the purposes of the Copyright Act 1968 (Cth), to any act or omission by the Promoter or its licensees that would otherwise infringe their moral rights in the entry, including use of the entry without attribution and material alteration of the entry. 

11. The Promotion is a game of chance. The Winner is determined by random draw from all valid entries received during the Promotion Period. No skill, judgment or assessment of any entry plays any part in determining the Winner. 

12. The draw will be conducted at the date, time and place, by the person, and using the method stated in the Draw row of the Promotion Outline. Every valid entry received during the Promotion Period has an equal chance of being drawn. 

13. The first valid entry drawn wins the Prize. If a drawn entry is found to be invalid or the entrant is found to be ineligible, that entry is set aside and the next entry drawn wins. The draw is final, subject only to clause 20. 

14. Any dispute concerning the conduct of the Promotion or the claiming of a Prize must be submitted to the Promoter in writing at the email address stated in the Promotion Outline within 14 days of the event giving rise to it. The Promoter will consider the dispute and notify the entrant of its decision within 14 days of receipt. The Promoter's decision is final and no further correspondence will be entered into. 

15. The Promoter may verify the validity of entries and entrants, including identity, age and place of residence, and may require an entrant or the Winner to provide proof in a form acceptable to the Promoter. The Promoter may disqualify any entrant who submits an entry that does not comply with the Conditions of Entry, who tampers with the entry process, or who fails to provide proof when required. Where there is a dispute as to the identity of an entrant, the Promoter may determine that identity in its sole discretion. 

16. The Prize is as described in the Promotion Outline. No cost is payable by the Winner to claim the Prize. The Prize is not transferable, exchangeable or redeemable for cash. If the specified Prize is not available because of unforeseeable or other special circumstances, the Promoter may award a substitute prize of equal or greater value. The Prize will be carefully preserved until the Winner has taken possession of it or it has been otherwise dealt with in accordance with these Conditions of Entry. 

17. The following conditions apply to the Prize: 

(a) the Prize consists only of what is described in the Promotion Outline. All other costs, including transport to and from the venue, parking, accommodation, food, beverages, merchandise and any add-on experience, are the Winner's responsibility; 

(b) the Prize is subject to the ticket issuer's and the venue's terms and conditions of entry, with which the Winner and any guest must comply. Admission may be refused in accordance with those terms; 

(c) the Prize must be used on the date and at the session stated in the Promotion Outline. If it is not used, it is forfeited and no compensation is payable; 

(d) the Promoter is not the organiser of the Everything Electric event and is not responsible for the conduct or content of that event, or for its cancellation, postponement or rescheduling. If the event does not proceed, the Promoter's only obligation is to provide a substitute prize of equal or greater value; and 

(e) the Winner is responsible for any guest attending with them. 

18. The Winner will be notified by direct message on Instagram at the time stated in the Promotion Outline, and will be announced on the Promoter's Instagram account at the time stated in the Promotion Outline. 

19. To claim the Prize, the Winner must reply to that direct message with the information, and by the time, stated in the Prize Claim row of the Promotion Outline. If the Winner does not provide the information requested, the Promoter may be unable to award the Prize. 

20. If a Winner cannot be contacted, does not claim the Prize by the time stated in the Promotion Outline, is found not to have complied with the Conditions of Entry, or declines the Prize, the Prize is forfeited and the Promoter will conduct a redraw at the date, time and place, and by the same method, stated in the Unclaimed Prize Redraw row of the Promotion Outline. Clauses 13, 18 and 19 apply to the redraw and to the entrant drawn, using the redraw notification and claim times stated in the Promotion Outline. If no Winner is determined after the redraw, the Promoter will publish that fact in the manner and by the time stated in the Publication if No Winner row of the Promotion Outline. 

21. By entering, each entrant consents to the Promoter publishing their Instagram handle, first name and entry, and to being announced as the Winner, on the Promoter's social media channels and website. A Winner who does not wish to be named must tell the Promoter before the Prize is delivered, in which case the Promoter will identify them by first name and initial only. 

22. The value of the Prize stated in the Promotion Outline is the price paid by the Promoter, including GST, at the date these Conditions of Entry were prepared. The Promoter accepts no responsibility for any change in that value. The Winner is responsible for any tax consequences of accepting the Prize and should seek independent advice. 

23. The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram or Meta Platforms, Inc. (Meta). By entering, each entrant releases Instagram and Meta from all liability arising out of or in connection with the Promotion, and acknowledges that any information provided in connection with the Promotion is provided to the Promoter and not to Instagram or Meta. Entrants must comply with the Instagram Terms of Use and Community Guidelines at all times. 

24. The Promoter may amend the Conditions of Entry at any time before the close of the Promotion Period by publishing the amended Conditions of Entry at the address stated in the Promotion Outline. If the Promotion cannot be conducted as reasonably anticipated for any reason beyond the Promoter's reasonable control, including technical failure, unauthorised intervention, fraud or the cancellation of the Everything Electric event, the Promoter may disqualify any affected entrant, or modify, suspend or cancel the Promotion, subject to any applicable law. If the Promoter amends the Conditions of Entry, it will take all reasonable steps to notify participants, or to make the amended Conditions of Entry publicly available, within a reasonable time before the Promotion starts. 

25. Except for any liability that cannot be excluded by law, the Promoter and its officers, employees and agents exclude all liability for any personal injury, or any loss or damage (including indirect, special or consequential loss), arising in any way out of the Promotion, including: 

    (a) technical issues or equipment malfunctions; 

    (b) unauthorised access or third party interference; 

    (c) late, lost, altered, damaged or misdirected entries; 

    (d) variations in the value of the Prize; 

    (e) tax liabilities; or 

    (f) use or misuse of the Prize. 

26. Nothing in the Conditions of Entry excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot be excluded, restricted or modified. To the extent permitted by law, the Promoter's liability for a failure to comply with a consumer guarantee is limited, at the Promoter's option, to replacing the Prize or paying the cost of replacing it. 

27. The Promoter collects the personal information entrants provide in order to conduct the Promotion, to identify and contact the Winner and to deliver the Prize. The Promoter may disclose that information to its related bodies corporate, to the agencies and service providers engaged in connection with the Promotion, to the ticket issuer and to the organiser of the Everything Electric event, and to regulatory authorities where required by law. The Promoter's Privacy Policy, at the address stated in the Promotion Outline, sets out how an entrant may access or correct their personal information, and how to make a privacy complaint and how the Promoter will deal with it. Entry into the Promotion is not conditional on agreeing to receive marketing communications from the Promoter; entrants may opt in when they claim the Prize, and may opt out at any time. 

28. The Promotion is separate from the promotion conducted by Lepas. Entry into the Promotion is not entry into that promotion, and entry into that promotion is not entry into the Promotion. Each is governed by its own conditions of entry.  

29. If any part of the Conditions of Entry is unenforceable, it is severed and the balance continues to apply. A failure by the Promoter to enforce any provision is not a waiver of it. 

30. The Conditions of Entry are governed by the laws of New South Wales, and entrants submit to the non-exclusive jurisdiction of the courts of that State.