You should read these Terms and Conditions of Use carefully.
In these Terms and Conditions of Use:
(i) “We”, “Our” or “Us” means SAIC Motor Australia Pty Ltd (ACN 006 893 232); and
(ii) “You” or “Your” means the person who accepts these Terms and Conditions of Use.
By accessing or otherwise using Our websites, You agree to be bound by these Terms and Conditions of Use and You acknowledge that MG Motor provides its websites to You subject to these Terms and Conditions of Use.
You may contact MG Motor at firstname.lastname@example.org or on 1800 642277 if You have any queries about these Terms and Conditions of Use or to provide Us with any information or to discuss any of the services We offer.
2. Intellectual property rights
MG Motor owns copyright and other intellectual property rights in the content of its websites. Our websites are protected under the copyright laws of Australia and other countries.
You may access and display these pages on a computer or a monitor, and print out for Your own personal or internal business use any page or part of any page of MG Motor’s websites. However, no part of MG Motor’s websites may be reproduced without Our express written permission. MG Motor shall enforce its rights concerning its websites in the event of any interference, infringement or contravention of MG Motor’s rights, title or interests in any aspect of its website. Unless otherwise specified, no person has permission to download, display, post, record, “mirror”, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce, republish or otherwise use in a way which will infringe Our intellectual property rights any part or aspect of its websites in any form, or any information found at its websites, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.
The symbols ® and TM designate Australian registered trade-marks and unregistered trade-marks respectively. MG Motor and its parent company, SAIC Motors (“SAIC”), have additional trade-marks and service marks, registered and unregistered, in other countries. Nothing on MG Motor’s websites shall be construed as conferring any license under any of MG Motor or SAIC’s or any other person’s intellectual property rights, whether expressly, by interference, by implication, or otherwise. Materials may not be copied or re-broadcast or redistributed or disseminated in any way without the prior written permission of the copyright owner of that material.
MG Motor is entitled, in its sole discretion, to change, modify, amend, add or remove any part of these Terms and Conditions of Use and to change, modify, amend, add or delete any features of its websites at any time without notice.
Your continued use of MG Motor’s websites after the Terms and Conditions of Use have been varied, constitutes Your acknowledgment that You accept the changes to the Terms and Conditions of Use and that You agree to be bound by the varied Terms and Conditions of Use.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth) or similar applicable legislation which cannot be excluded or limited by MG Motor, MG Motor’s websites are provided without any representation, warranty or condition, express or implied. MG Motor’s websites are intended as general information only and are not complete or definitive. MG Motor does not provide any warranty as to the completeness or accuracy of the information on MG Motor’s websites. MG Motor is not liable and does not take any responsibility whatsoever for reliance on such information.
MG Motor’s websites may contain links to other websites maintained by other organisations. MG Motor has no affiliation with those websites, does not endorse any material on those websites, is not responsible for the privacy practices of those websites, and does not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites.
4. Limitation of liability
Except to the extent that liability may not lawfully be excluded, You agree that MG Motor shall not be liable to You (or any of Your officers, agents or employees) for any direct or indirect loss, damage, harm, liability, cost, expense or injury (including without limitation consequential loss or damage, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with Your use of MG Motor’s websites (including without limitation accessing, copying or downloading any part of MG Motor’s websites’ content), or Your use of or reliance on any of the information, services and/or materials contained in MG Motor’s websites or provided by MG Motor’s websites to You, or Our negligence or Our breach of Our obligations under these Terms and Conditions of Use.
You agree to indemnify, and You hold MG Motor absolutely harmless from, and You covenant not to take any action against MG Motor for, any claims associated with the use of MG Motor’s websites.
5. Your security
MG Motor’s websites use a security device known as a Secure Socket Layer (“SSL”). This conforms to international standards and ensures that information passed to and from our websites cannot be viewed in transit. We strongly recommend You use this feature. You can tell if You are using the SSL by the appearance of a small padlock in the bottom status bar or on Your browser. The address in Your browser should start with https:// and not the usual http://. We do not represent or warrant that MG Motor’s websites and any other information or material contained in, downloaded or accessible from such websites, is free from computer viruses (including macro viruses) or any other defect or error which may affect Your software or systems. You should protect Your software and systems by installing and implementing Your own security checks and systems.
MG Motor’s websites use a feature of Your Internet browser called a “cookie” to manage security and store report parameter information. If Your browser does not support cookies, or You have disabled this functionality, You may be unable to use Our websites.
7. Governing Law
The law of Courts of New South Wales governs these Terms and Conditions of Use, and You and We submit to the non-exclusive jurisdiction of the Courts of New South Wales and the Federal Court of Australia.
SAIC MOTOR AUSTRALIA Pty Ltd Competition
“POST and WIN”
TERMS AND CONDITIONS
The Promoter is SAIC MOTOR AUSTRALIA PTY LTD (ABN 30 608 096 519) of Suite 1902, Level 19, 100 William Street, Woolloomooloo NSW 2011, Telephone: (02) [8397 9600].
1) Information and instructions on how to enter and prizes form part of these Terms and Conditions. Entry into the Competition (“Competition”) is deemed acceptance of these Terms and Conditions.
2) Entry is open only to those persons:
- who attended the Promoter’s stand at the Sydney Royal Easter Show 2018 between 23 March 2018 and 3 April 2018;
- who whilst visiting the Promoter’s stand, entered their name and email address to receive a personalised nameplate;
- received a personalised nameplate from the Promoter;
- received an electronic data message by the Promoter providing details of this competition; and
- are over the age of 18 years (“Eligible Entrant”).
Employees and directors (and their immediate families) of the Promoter, its agencies and retailers associated with this competition 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.
3) The Competition commences 7 May 2018 at 09:00 (AEST) and closes 31 May 2018 at 23:59 (AEST) (“Competition Period”).
4) This Competition is a game of skill and chance plays no part in determining the Prize Winner (as defined in clause 8). Each entry will be individually judged based on originality and creativity of the photo provided in their entry.
5) To submit a valid entry, an Eligible Entrant must, during the Competition Period,
- take at least one photo that depicts how the Eligible Entrant has displayed the nameplate they received at the Sydney Royal Easter Show 2018; and
- post or share at least one photo on the MG Motor Australia Facebook page, accessible via the following link: https://www.facebook.com/au.mgmotor/.
6) Illegible, late, incomplete, incorrect, inaccurate, underage, erroneous, ineligible or incomprehensible entries will be deemed invalid and therefore ineligible to enter the Competition or win a Prize (as defined in clause 9). Any dispute relating to whether entries have been received or not, will be determined by the Promoter, whose decision is final. The Promoter accepts no responsibility for late, lost or misdirected entries.
7) An Eligible Entrant may only enter once during the Competition Period.
8) Any costs associated with entering the Competition, including data costs, are at the entrant’s responsibility.
Determination of Prize Winners and Prize Pool
9) All entries received will be judged no later than 6 June 2018 finishing at 17:00 (AEST). Entries will be judged by a Judging Panel (“the Judging Panel”). The Prizes (as defined in clause 9) will be awarded to the three entrants who, in the opinion of the Judging Panel, have entered the most creative response to the Competition challenge (“Prize Winners”).
10) Each Prize Winner will receive:
- a MG fan pack;
- a Tote bag;
- a model ZS car; and
- a MG trucker cap (“Prize”).
There are three (3) Prizes in total, with each Prize Winner receiving one (1) Prize.
The value of each Prize is approximately $150 (incl GST), such that the total value of the Prize Pool
Each eligible entrant accepts and acknowledges, in accepting the Prize each Prize Winner may be required to sign terms of participation and legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
11) The Promoter and its agencies and companies associated with this Competition shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect, special or consequential loss or loss of profits) or for any personal injury or death which is suffered or sustained (including without limitation to that caused by any person’s negligence) arising out of or in connection with this Competition or the awarding or taking of a Prize except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
12) Each Prize Winner will be notified via email by 7 June 2018, and details will published on the MG Motor Australia Facebook page.
13) The Promoter reserves the right to request Prize Winners to provide proof of identity proof of residency at the nominated prize delivery address, and proof of entry validity in order to claim any prize. Proof of identification, residency and entry validity considered suitable for verification is at the discretion of the Promoter. In the event that a Prize Winner cannot provide suitable proof, the Prize Winner will forfeit the Prize in whole and no substitute will be offered.
14) The Promoter’s decision is final and no correspondence will be entered into. If a Prize, or element of a Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority.
15) If a winning entry is deemed not to comply with these Terms and Conditions or any Prize remains unclaimed by 30 June 2018 at 17:00, the next best winner will be chosen for the unclaimed or available prize.
16) 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”).
17) Once a Prize has left the Promoter’s premises, the Promoter takes no responsibility for Prize damage, delay or loss in transit. By accepting the Prize, the Prize Winner agrees to participate in and co-operate with, if required by the Promoter, all reasonable media editorial requests relating to the Competition, including but not limited to, being interviewed and photographed and/or filmed.
18) Dollar values are quoted in Australia dollars. The Prize is not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a Prize Winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the Prize Winner and cash will not be supplied in lieu of that element of the Prize.
19) The Promoter accepts no responsibility for any tax implications that may arise from winning of the Prize. Independent financial advice should be sought.
Submission of Content or Material
20) Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to (i) not consider any entry which is not in accordance with these Terms and Conditions; and (ii) to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages and other compensation are reserved.
21) Each entrant warrants and agrees that:
- the entrant has created the entry himself/ herself;
- the entrant is entitled to reproduce and exploit all of the underlying works in the entry;
- the entrant will not submit material in their entry that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights;
- the entry has not been previously published in any other medium or forum worldwide;
- the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law;
- the entry will not cause injury or harm to any person or entity; and
- the entrant has not granted rights to their entry to any other person which is inconsistent with the rights granted to the Promoter.
22) Each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
23) Each entrant acknowledges and agrees that if his/her entry wins, the Promoter (any each of its assignees and licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the entrant.
24) Each entrant must create their own entry and only submit an entry in their own name. All entries become the property of the Promoter.
Limitation of Liability
25) Nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law. The Promoter and its associated agencies and companies are not responsible for any incorrect or inaccurate information, either caused or provided by the entrant, or for any of the equipment associated with or utilised in this Competition, for any technical error, or for any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries, and reserves the right to take any action that may be available.
26) If the Competition is not capable of being conducted due to circumstances beyond the Promoter’s control the Promoter reserves the right to amend, suspend or cancel the Competition subject to approval from any relevant authority.
27) The Promoter 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, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
Use of personal information
The Promoter is SAIC MOTOR AUSTRALIA PTY LTD of Suite 1902, Level 19, 100 William Street, Woolloomooloo NSW 2011. Telephone: (02) [8397 9691]