Dealer Survey Terms and Conditions

General

Posted on: November 29, 2016

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Gumtree Auto Dealer Survey Promotion

Conditions of entry

1              Information on how to enter and the prizes form part of these Conditions of Entry.  Entry into the Gumtree Auto Dealer Survey Promotion (“Promotion”) is deemed to be an acceptance of these Conditions of Entry.
2              The Promotion commences 29th November 2016 at 12.01 am AEST and entries close at 11.59 pm on 13th December 2016 (“Promotion Period”).
Entrants
3              Entry is only open to people who meet all of the following criteria:
(a)           Australian residents aged 18 years or over
(b)           who have received the invitation email from the Promoter to participate in the Promoter’s Auto Dealer Survey:
(c)           who work at a dealership which is live on gumtree.com.au at 29 November 2016 and
(d)           whose dealership does not have invoices that have been owing for more than 60 days,
(“Entrants”).
4               Employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are ineligible to enter.
Entry
5              This is a game of skill and chance plays no part in determining the winner.
6              The Promoter will send the invitation email to Entrants, inviting them to complete the online Auto Dealer Survey and to enter the Promotion.
7              To enter the Promotion, Entrants must:
(1)           complete all of the questions in the online Auto Dealer Survey during the Promotion Period;
(2)           provide their personal contact details, including full name, address and contact number; and
(3)           answer the promotion question in 50 words or less, “Name a time you experienced exceptional customer service”
(4)           agree to the Conditions of Entry; and
(5)           click the “Done” button to submit the entry response prior to the end of the Promotion Period,
(together, “Entry”).
Judging of Entries
8              The Entry must be the sole work of the Entrant.
9              Only one Entry can be submitted per Entrant during the Promotion Period.
10           Entries are deemed to be received at the time of receipt by the Promoter.  Records of the Promoter are final and conclusive as to time of receipt.
11           The Promoter reserves the right to validate and check the authenticity of Entries, and reserves the right to reject any Entries which are not submitted in accordance with these Conditions of Entry, which infringe the intellectual property rights of any third party, which are offensive, or which are inappropriate in any way as determined in the Promoter’s absolute discretion.
12           All valid Entries received during the Promotion Period will be individually judged by a person appointed by the Promoter. Each valid Entry will be judged on the Entry’s overall quality and relevance to the promotion question.
13           The best three Entries as determined by the judge (“Winning Entries”) will each win a prize.
14           Each winner will be notified by phone and email on 20 December 2016.
15           The Promoter’s decision is final and no correspondence will be entered into, including in the event of a dispute.
Prizes
16           There are three prizes to be given away. Each Winning Entry will win a $50 Westfield voucher
17           There are three prizes to be won. The total prize pool is 3 $50 Westfield vouchers
18           If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
The winners’ account managers will contact them about booking and sending the tickets in the same week of being notified as a winner.
Winners agree to be bound by the terms and conditions set out on the gift vouchers. Misplaced vouchers, and vouchers which are not used by their expiry date, will not be replaced.
General
19           All Entries and any intellectual property rights subsisting in the Entries become and remain the property of the Promoter.
20           By entering the Promotion, you grant the Promoter an exclusive, royalty free, perpetual worldwide licence to use and exploit your response to the promotion question by all means whatsoever (including without limitation, in print and electronic format).  In addition, you consent to the promoter and the promoter’s related body corporates and agents infringing your moral rights in your response to the promotion question for an indefinite period of time by:
(1)           not naming you as the author of your response to the promotion question; and
(2)           amending or modifying (whether by changing, adding to or deleting/renaming) any part of your response to the promotion question.
21           Responses to the promotion question (with or without attribution to the author) may be reproduced on www.gumtree.com.au, www.gumtreeforbusiness.com.au or Gumtree social media pages (including the Gumtree Australia Facebook page or the Gumtree Australia blog) for an indefinite period of time.
22           If for any reason this Promotion is not capable of running as planned, the Promoter reserves the right in its discretion to modify the terms of the Promotion including the prizes and these Conditions of Entry.
23           The Promoter assumes no responsibility for any loss, damage or injury as a result of technical, telecommunications or other problems, including security breaches, unauthorized intervention or fraud. If such problems arise then the Promoter may, to the fullest extent permitted by law (a) disqualify any claimant; or (b), modify or suspend the competition as appropriate.
24           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 State 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) excludes all liability for losses, damages, costs or expenses of any nature (including arising from negligence) whether direct, indirect, special or consequential (and including loss of opportunity), in connection with the competition.
25           The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion.  By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant’s personal information to administer the Promotion.  By entering the Promotion, the entrant is taken to consent to the Promoter’s privacy policy, which is available at http://www.gumtree.com.au/scam-security-centre/policies-guidelines/privacy-policy/
26           The Promoter is Marktplaats B.V ( [VS1] the operator of gumtree.com.au) of Wibautstraat 224-2, 1097 Amsterdam, DN, The Netherlands.