“WIN A BRAND NEW HARLEY DAVIDSON LOW RIDER S” 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.
  1. Entry is only open to Australian residents aged 18 years or over. 
  1. 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.
  1. Entries into the promotion open at 9:00AM AEST on 10 May 2021 and close at 11:59PM AEST on 20 June 2021 (“Promotional Period”).
  1. To receive an automatic entry into the draw, individuals must purchase one (1) of four (4) specially marked sticker packs from cultomoto.com.au during the Promotional Period (“Qualifying Purchase”). Individuals will receive the number of entries depending on which specially marked product they purchase as follows:
  • Small sticker pack – one (1) entry;
  • Medium sticker pack – five (5) entries;
  • Large sticker pack – ten (10) entries; and
  • Extra-large sticker page – twenty-five (25) entries.
  1. Multiple entries permitted. Individuals will receive the corresponding number of entries depending on the sticker pack purchased. For removal of doubt, Qualifying Purchases can be in a single transaction or across multiple transactions. For example, if an individual purchases a small, medium, large and extra-large sticker pack in a single transaction, they will receive forty-one (41) entries into the draw.
  1. 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. 
  1. If, during the Promotional Period and until a prize is awarded, any products contributing to a Qualifying Purchase is returned for refund or credit, or exchanged for a product or products that are not eligible for entry into this promotion (i.e. not a specially marked sticker pack), the Promoter reserves the right in its absolute discretion to invalidate any entries awarded in respect of that Qualifying Purchase (or reduce the number of entries awarded accordingly) or invalidate any claims to a prize awarded or yet to be awarded.
  1. Incomplete or indecipherable entries will be deemed invalid.
  1. 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.
  1. The draw will take place at Anisimoff Legal at Suite 5, 210 Central Coast Highway, Erina NSW 2250 on 21 June 2021 at 3:00PM AEST, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by telephone and email within two (2) business days of the draw. Winners will be published at cultomoto.com.au and the Promoter’s social media including but not limited to Facebook (at https://facebook.com/cultomoto) and Instagram (at https://instagram.com/cultomoto) from 21 June 2021.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. The first valid entry drawn will win a 2021 Harley-Davidson Softail Low Rider S in black valued at up to AU$27,995. Prize includes registration (at least 6 months), stamp duty and dealer delivery charges (which may vary State by State). Insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The vehicle will be delivered to the winner’s residential address (as provided at the time of entry). If the winner is, through any legal incapacity or otherwise, unable to register the vehicle in their own name, then the winner may assign the vehicle to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the motorcycle is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
  1. The second valid entry drawn will win an AMX Superstores Gift Voucher valued at $500.
  1. The third valid entry drawn will win an AMX Superstores Gift Voucher valued at $250.
  1. Any ancillary costs associated with redeeming the AMX Superstores Gift Voucher are not included. Any unused balance of the AMX Superstores Gift Voucher will not be awarded as cash. Redemption of the AMX Superstores Gift Voucher is subject to any terms and conditions of the issuer including those specified on the AMX Superstores Gift Voucher.
  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  1. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  1. Total prize pool value is up to $28,745.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  1. A draw for any unclaimed prizes may take place on 29 September 2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw and their names will be published at cultomoto.com.au and the Promoter’s social media including but not limited to Facebook (at https://facebook.com/cultomoto) and Instagram (at https://instagram.com/cultomoto) from 29 September 2021.
  1. 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.
  1. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. 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. 
  1. 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/taking of a prize. 
  1. 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 https://cultomoto.com.au/pages/privacy-policy. 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 PI to any entity outside of Australia.
  1. The Promoter is Culto Moto Pty Ltd (ABN 13 647 069 172) of Level 1, 1-5 Link Road, Zetland NSW 2017.

NSW Authority No. TP/00797 ACT Permit No. TP21/00690 SA Permit No. T21/644