"KIA CS SURVEY” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  3. Promotion commences 29/06/2012 and entries close 6.00pm AEST on 5/6/2013 (‘Promotional Period’).
  4. To be eligible to enter, individuals must, during the Promotional Period, receive the promotional eDM (featuring a promotional link) from the Promoter, inviting them to enter.
  5. To enter, individuals must then, during the Promotional Period, follow the promotional link provided within the eDM, input the requested details and complete the promotional survey.
  6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  7. Incomplete or indecipherable entries will be deemed invalid.
  8. Only one (1) entry permitted per person.
  9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  10. The draw will take place at Handling Matters, Unit 1, 3 Green Street Brookvale NSW 2100 on the dates and times outlined in the table below. Entries close for each draw at 11:00am on the dates outlined in the table below. The winners will be notified in writing within two (2) business days of the draw and their names will be published in The Australian on the dates outlined in the table below. The Promoter may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant. Non-winning entries from each draw will roll over to any subsequent draws.
  11. Draw Promotional Dates: Draw Date: Time: Publication:
    1.(29/6/12- midnight on 7/9/12)

    12/9/12

    11am AEST 26/9/12
    2.(12:01am on 8/9/12- midnight on 7/12/12 12/12/12 11am AEDST 21/12/12
    3.(12:01am on 8/12/12- midnight on 7/3/13) 13/3/12 11am AEDST 27/3/13
    4.(12:01am on 8/3/13- 6:00pm on 5/6/13) 12/6/13 11am AEST 26/6/13
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. The first two (2) valid entries drawn in each draw will each win a $1,000 Caltex Fuel Card.
  14. Any ancillary costs associated with redeeming a Caltex Fuel Card are not included. Any unused balance of a Caltex Fuel Card will not be awarded as cash. Redemption of a Caltex Fuel Card is subject to any terms and conditions of the issuer including those specified on the Caltex Fuel Card.
  15. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  16. Total prize pool value is $8,000. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  17. A draw for any prizes, if unclaimed, may take place on the 12/9/13 at the same time and place as the original draw, subject to subject to any written directions from a regulatory authority. The winner/s, if any will be notified in writing within two (2) business days of the draw and their name/s will be published in The Australian on 26/9/13.
  18. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate, subject to any written directions from a regulatory authority.
  19. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  20. 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 (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  21. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  22. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers and subject to any written directions from a regulatory authority.
  23. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
  24. The Promoter is Kia Motors Australia Pty Ltd (ABN 97 110 483 353) of Building G, 350 Parramatta Road, Homebush, NSW 2140. Telephone: (02) 9701 1700.
  25. NSW Permit No. LTPS/12/5238 
VIC Permit No. 12/1549 
ACT Permit No. TP12/2394 
SA Permit No. T12/1208