"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 who receive a promotional message (which may be via SMS, email or mail) directly from the Promoter inviting them to enter. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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. Promotion commences on 12/07/2014 and entries close at 6:00pm AEST on 30/06/2015 (‘Promotional Period’).
  4. To enter, eligible individuals must, during the Promotional Period, visit the website URL provided in the promotional message sent to them by the Promoter and then follow the prompts on screen to input the requested details and fully complete the featured survey.
  5. 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 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, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. Only one (1) entry permitted per person.
  8. 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.
  9. There will be a total of four (4) draws conducted for this promotion. Entries open for each draw at 12:00am and close for each draw at 11.59pm on the dates specified in the table below, except for the last draw which will close at 6pm on the date outlined below. All draws will take place at Handling Matters, Unit 1, 3 Green Street, Brookvale, NSW 2100 at 11:00am on the dates outlined in the table below. All times indicated are AEST/AEDST (as applicable in NSW on each relevant date). 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 draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Non-winning entries from each draw will roll over to any subsequent draws.
  10. Draw: Open Date: Close Date: Draw Date: Publication Date:
    1

    12/07/2014

    30/09/2014

    07/10/2014

    15/10/2014
    2 01/10/2014 31/12/2014 08/01/2015 15/01/2015
    3 01/01/2015 31/03/2015 08/04/2015 15/04/2015
    4 01/04/2015 30/06/2015 03/07/2015 11/07/2015
  11. The Promoter’s decision is final and no correspondence will be entered into.
  12. The first two (2) valid entries drawn in each draw will each win a $1,000 Caltex Fuel Card.
  13. 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.
  14. 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.
  15. Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.
  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 03/10/2015 at the same time and place as the original draw, 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 10/10/2015.
  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 Internet is the entrant’s responsibility and is dependent on the Internet service provider used.
  20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  21. 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”). 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.
  22. 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.
  23. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.kia.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  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.
NSW Permit No. LTPS/14/04872 VIC Permit No. 14/4499 ACT Permit No. TP14/02117 SA Permit No. T14/1119