SONATA POWER PLAY TERMS AND CONDITIONS All sections and information in this document form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their parent/guardian (where applicable). Schedule to Entry Conditions Item Subject Details 1 Promoter Name: ABN: Address: 2 Who may enter? 3 Promotional Period Hyundai Motor Company Australia Pty Limited 58 008 995 588 Cnr 394 Lane Cove Road & Hyundai Drive Macquarie Park NSW 2113 Phone: 1800 186 306 (“Promoter”) Entry is only open to residents of Australia aged 18 years or older and, if applicable, who in the event that they are a Ticket Prize or Travel Prize winner, are able to attend any of the ICC Cricket World Cup matches as set out in Item 5(a) (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. The promotion starts at 12:00 am (AEDT) on 14/2/2015 and ends at 12:00am (AEDT) on 28/3/2015 (Promotional Period). The Promotion will be run over forty-nine (49) promotional matches, commencing and closing on the dates set out below, for the purpose of determining winners and awarding prizes in this promotion (each, a Promotional Match). Promotional Matches will be held as follows: Promotional Match Date 1 Sri Lanka v New Zealand 2 England v Australia 3 South Africa v Zimbabwe 4 India v Pakistan 5 West Indies v Ireland 6 New Zealand vs Scotland 7 Bangladesh vs Afghanistan 14/2/2015 14/2/2015 15/2/2015 15/2/2015 16/2/2015 17/2/2015 18/2/2015 1 [v1] Item Subject Details 8 Zimbabwe vs UAE 9 England v New Zealand 10 Pakistan v West Indies 11 Australia v Bangladesh 12 Sri Lanka vs Afghanistan 13 South Africa v India 14 England vs Scotland 15 West Indies v Zimbabwe 16 Ireland vs UAE 17 Afghanistan vs Scotland 18 Sri Lanka v Bangladesh 19 South Africa v West Indies 20 Australia v New Zealand 21 India vs UAE 22 England v Sri Lanka 23 Pakistan v Zimbabwe 24 South Africa v Ireland 25 Pakistan vs UAE 26 Australia vs Afghanistan 27 Bangladesh vs Scotland 28 India v West Indies 29 South Africa v Pakistan 30 Zimbabwe v Ireland 31 New Zealand vs Afghanistan 32 Australia v Sri Lanka 33 England v Bangladesh 34 India v Ireland 19/2/2015 35 11/3/2015 20/2/2015 21/2/2015 21/2/2015 22/2/2015 22/2/2015 23/2/2015 24/2/2015 25/2/2015 26/2/2015 26/2/2015 27/2/2015 28/2/2015 28/2/2015 1/3/2015 1/3/2015 3/3/2015 4/3/2015 4/3/2015 5/3/2015 6/3/2015 7/3/2015 7/3/2015 8/3/2015 8/3/2015 9/3/2015 10/3/2015 2 [v1] Item Subject Details Sri Lanka vs Scotland 36 South Africa vs UAE 37 Bangladesh v New Zealand 38 England vs Afghanistan 39 India v Zimbabwe 40 Australia vs Scotland 41 West Indies vs UAE 42 Pakistan v Ireland 43 Quarter Final 44 Quarter Final 45 Quarter Final 46 Quarter Final 47 Semi Final 48 Semi Final 49 Final 4 (a) How to enter? 12/3/2015 13/3/2015 13/3/2015 14/3/2015 14/3/2015 15/32015 15/3/2015 18/3/2015 19/3/2015 20/3/2015 21/3/2015 24/3/2015 26/3/2015 29/3/2015 Instant win: To enter the promotion, Entrants must, in the manner required during the Promotional Period: a. Access the Sonata Power Plays competition on any tablet or mobile device via www.sonatapowerplays.com.au; b. Follow the ICC World Cup. During a Promotional Match, every time a player in the ICC World Cup takes a wicket, hits a six, or scores a half or full century, the Hyundai Sonata on screen will be unlocked for a period of five (5) minutes (each, a Power Play); c. Register to play by following the prompts to fully and correctly complete and successfully submit their current and valid mobile phone number; and d. Tap the Hyundai Sonata on screen during a Power Play to reveal whether they are an instant winner and which prize they have won, (together, an Entry). (b) Maximum number of entries Only one (1) Entry per person per Power Play permitted. Any subsequent Entry after the first valid Entry is received during a Power Play will be deemed invalid. 3 [v1] Item 5 (a) Subject Details List of prizes Minor Prizes: The Minor Prizes available to be won in this promotion are set out below: Prize RRP (AUD$) Quantity Total Value (AUD) Can Cooler $8.00 200 $1,600.00 CWC Logo Pin $8.00 200 $1,600.00 Keyring $9.60 200 $1,920.00 Coin $9.60 200 $1,920.00 Mini Bat $8.00 200 $1,600.00 Assorted Caps $24.00 200 $4,800.00 1,200 $13,440.00 Total Ticket Prizes: The Ticket Prizes available to be won in this promotion are set out in the table below. A Ticket Prize consists of a double pass to any one (1) of the below matches for the winner and one (1) companion. In order to determine the winners of the Ticket Prizes, entries will be sorted into State Groups (as set out in Item 5(b)). The Ticket Prizes are distributed into each State Group as follows: State Group NSW/ACT Double pass value Quantity (double passes) Total Value (AUD) West Indies v Zimbabwe on 24/2/2015 at Manuka Oval $60 5 $5,100 South Africa v West Indies on 27/2/2015 at SCG $80 5 South Africa v Ireland on 3/3/2015 at Manuka Oval $60 5 Sri Lanka v Australia on 8/3/2015 at SCG $180 5 England v Afghanistan on 13/3/2015 at SCG $60 5 Quarter Final 1 on 18/3/2015 at $190 5 Match 4 [v1] Item Subject Details SCG VIC SA QLD WA Semi-Final 2 on 26/3/2015 at SCG $390 5 South Africa v India on 22/2/2015 at MCG $40 10 Sri Lanka v Bangladesh on 26/2/2015 at MCG $40 10 Quarter Final 2 on 19/3/2015 at MCG $100 5 Final match on 29/3/2015 at MCG $350 5 England v Bangladesh on 9/3/2015 at Adelaide Oval $40 10 Pakistan v Ireland on 15/3/2015 at Adelaide Oval $40 10 Quarter Final 3 on 20/3/2015 at Adelaide Oval $140 5 Australia vs. Bangladesh on 21/2/2015 at GABBA $120 5 Ireland vs. UAE on 25/2/2015 at GABBA $60 5 Pakistan vs. Zimbabwe on 1/3/2015 at GABBA $60 5 India vs. UAE on 28/2/2015 at WACCA $80 10 Australia vs. Afghanistan on 4/3/2015 at WACCA $120 5 India vs. West Indies on $120 10 $3,050 $1,500 $1,200 $2,600 5 [v1] Item Subject Details 6/3/2015 at WACCA TAS Total Zimbabwe vs. Ireland on 7/3/2015 at Bellerive Oval $40 5 Sri Lanka vs. Scotland on 11/3/2015 at Bellerive Oval $60 5 Australia vs. Scotland on 14/3/2015 at Bellerive Oval $80 5 145 $900 $14,350 Travel Prizes: The Travel Prizes available to be won in this promotion are two (2) ICC Cricket World Cup packages to Melbourne for one (1) night during the period 29/03/2015 to 30/03/2015 for the winner and one (1) companion valued at up to (depending on the ordinary residential address of the winner(s)) AUD$2,700.00. A Travel Prize comprises of the following elements: a. Two (2) return economy airfares to Melbourne from the Australian capital city airport closest to the ordinary residential address of the winner (inclusive of airfare related taxes and charges). If the winner's residential address is in the metropolitan/regional area of Melbourne this component of the prize is forfeited; b. one (1) night’s minimum 3 star accommodation and breakfast for two persons to the value of $100 at a hotel nominated by the Promoter in its sole discretion, in Melbourne (twin share) (or similar); c. return transfers to and from the destination airport and the destination hotel location; and d. Two (2) tickets to the ICC Cricket World Cup final in Melbourne. Car Prize: The Car Prize available to be won in this promotion is a 2015 Hyundai Sonata elite with automatic transmission. Total prize value is up to AUD$44,000 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary from state to state). The Promoter may at its sole and absolute discretion, accommodate the winner’s colour preference for the vehicle, subject to availability. (b) How winners are determined All entries received during the Promotional Period will be divided into the following State/Territory groups for the purpose of awarding the Ticket Prizes as set out in Item 5(a): NSW, ACT, VIC, SA, QLD, WA and TAS (each, a State Group). All entries will be pooled together for the purpose of awarding the Minor Prizes, Travel Prizes and the Car Prize. Winners are determined by playing the promotional game on their tablet or mobile device by tapping the Hyundai Sonata on screen during a Power Play to reveal onscreen whether or not they are an instant winner and instructions 6 [v1] Item Subject Details on how to redeem their prize. This promotion is a game of chance via random algorithm on the application. Maximum value of prizes The total potential national prize pool value is up to $77,190.00. The total potential prize pool value in each State Group is as follows: NSW/ACT: up to $67,940.00; VIC: up to $65,890.00; SA: up to $64,340.00; QLD: up to $64,040.00; WA: up to $65,440.00; and TAS: up to $63,740.00. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST, depending on point of departure (if applicable). 6 Winner notification Winners will be notified in writing by email and also by phone within two (2) business days of being determined. 7 Winner publication The name/s and suburb/s of Ticket Prize, Travel Prize and Car Prize winners will be published in The Australian on 3/04/2015. 8 Redraw or redetermination of winner Each provisional Ticket Prize or Travel Prize winner must confirm their eligibility to be awarded a Ticket Prize or Travel Prize and their ability to accept and participate in a Ticket Prize or Travel Prize within three (3) business days of being successfully notified by the Promoter that they are a Ticket Prize or Travel Prize winner, otherwise their Entry will be deemed invalid. In the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the Ticket Prize or Travel Prize, the Ticket Prize or Travel Prize will be entered back into the prize pool for the remainder of the Promotional Period. If the Ticket Prize or Travel Prize cannot be awarded to the subsequent winner, the Promoter will continue this process until the Ticket Prize or Travel Prize is awarded. If after this process any Ticket Prize(s) or Travel Prize(s) has not been awarded at the conclusion of the Promotional Period, the Ticket Prize(s) or Travel Prize(s) will be forfeited. (c) The Promoter may conduct a draw at Hyundai Head Office 394 Lane Cove Rd Macquarie Park, NSW 2113 at 11:00am on 30/06/2015 as is necessary in order to distribute the Car Prize if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of a winner in the unclaimed prize draw, the winner will be notified in writing and the name and locality of the winner will be published in The Australian on 6/07/2015. All reasonable steps to notify the winner of the results of the unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. Any unclaimed Minor Prizes will be distributed to customers of the Promoter at the conclusion of the Promotional Period. 9 Permit numbers 10 Additional terms NSW Permit No. [LTPS/15/00646]. SA Permit No. [T15/137]. ACT Permit No. [TP 15/00289]. VIC Permit No. [15/191]. Electronic and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Conditions of Entry, all prize claims in excess of the advertised prize pool will 7 [v1] Item Subject Details be met. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly by an Entrant will deem their Entry or entries invalid. Costs associated with accessing the promotional game on a compatible mobile Internet enabled mobile device remain an Entrant’s responsibility and may vary depending on the Internet service provider, usage plan or mobile carrier used. Entrants must have the bill payer’s consent to use mobile Internet to enter the promotion, otherwise their Entry in the promotion will be deemed invalid. Some service providers and mobile devices may not provide access to mobile Internet and Entrants must check with their service provider if unsure. Accessing and playing the promotional game on the compatible mobile Internet enabled mobile device and accessing and using mobile content including webbased content will incur data charges. Any external links and game features that require Internet connection may also incur data charges. Data charges will remain the responsibility of the Entrant and will vary depending on the Internet service provider, usage plan or mobile carrier used (as applicable). Entrants will need to refer to the terms of the contracts with their mobile carrier, usage plan or Internet service provider (as applicable) for costs. The charges for all data services will appear on each Entrant's next mobile phone bill and/or Internet bill (as applicable). All general queries relating to carrier rates or mobile or Internet bills should be directed to the Entrant’s mobile phone carrier or Internet service provider (as applicable). The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter or play the promotional game repeatedly other than in accordance with these Conditions of Entry is prohibited and will render all entries submitted by that Entrant invalid. Game plays generated by script, macro, robotic, programmed or any other automated or other means to manipulate or alter the normal functioning of the promotional game are prohibited and will result in disqualification of the Entrant and all of their entries. A Ticket Prize must be taken on the applicable date of the Match as specified in the table above to coincide with the ICC Cricket World Cup Match, otherwise the prize is forfeited. No extension or variation of the dates permitted. All components of a Ticket Prize must be taken together and when offered or are forfeited. Event organisers reserve the right in their absolute discretion to change or amend the event program without notice. The Promoter accepts no responsibility for the cancellation, rescheduling, change or delay of the event for any reason beyond the control of the Promoter. A Ticket Prize does not include travel and/or transport to and from the ICC Cricket World Cup match, or accommodation at or near the ICC Cricket World Cup match venue. For the avoidance of doubt, the winners and their companion(s) (if any) must make their own way (at their own cost and responsibility) to the applicable ICC Cricket World Cup match. All additional costs not expressly stated, but which may be incurred in acceptance and use of a prize, are the responsibility of the winner and their companion (if any). Such additional costs may include, but are not limited to, travel or transportation, meals, beverages, telephone calls, Internet 8 [v1] Item Subject Details connection, telephone or data plan charges, software or applications, laundry services, spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes not provided with the prizes as part of standard retail sale (if applicable) but excluding airfare related taxes and charges included in the prizes (if applicable), insurance and travel insurance. Winners may be required to present a credit card at time of accommodation check-in (if applicable). Winners and/or their companion(s) (if any) must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in a prize. Acceptance of a prize and participation in a prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services suppliers, event organisers and any other prize suppliers, and in particular age, health, behaviour and safety requirements. Winners and/or their companion(s) (if any) must follow all reasonable directions given by the Promoter and any event organiser or prize supplier during the course of their participation in a prize, including all directions in relation to responsible consumption of alcohol, age, health, behavior and safety. The Promoter and any event organiser or prize supplier reserve the right, in their absolute discretion, to refuse entry into or departure out of the ICC Cricket World Cup match, to disqualify, sanction and/or remove a winner and/or their companion(s) (if any) from the ICC Cricket World Cup match venue, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, for age, health or safety reasons, or for any breach of these Conditions of Entry generally. If a winner and/or their companion(s) (if any) fail to participate in the prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their Entry and the balance of the prize will be forfeited with no compensation payable. Tickets are subject to their prevailing terms and conditions of use, including expiry dates, and are not replaceable if lost, stolen or damaged. Prizes cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier. The Car Prize includes twelve (12) months registration in the place of residence of the winner, twelve (12) months third party compulsory insurance, on road costs and stamp duty, but exclude comprehensive insurance and operational costs which are the responsibility of the winner. All ancillary costs or accessories not expressly provided are the responsibility of the winner. To be eligible to claim the Car Prize, the winner must be capable of obtaining motor vehicle registration of the vehicle in his or her name and a licence to use the motor vehicle in accordance with the applicable legislation where the vehicle is collected. If the winner is, through any legal incapacity or otherwise, unable to register the motor vehicle in his or her name or lawfully use the vehicle, then the winner may, at their own cost, assign the motor vehicle to another person who holds the required licence and has the legal capacity to obtain registration. The Car Prize winner will be contacted by the Promoter to arrange for collection of the vehicle from the dealership nearest to their usual residential address, as nominated by the Promoter in its sole discretion. Upon collection of the vehicle, winner must provide their current driver’s licence for inspection and demonstrate that the Promoter has arranged the required registration and 9 [v1] Item Subject Details compulsory insurance in their name, before the vehicle may be driven away from the collection point. Collection of the vehicle is subject to availability of the vehicle, but is anticipated to be within twenty-eight (28) days from the date the Car Prize winner is notified that they have won. If the vehicle is collected, the winner (or their parent or legal guardian, if applicable) is responsible for all costs incurred by them to travel to and from the nearest dealership to collect the vehicle. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid. It is a condition of accepting a prize that the winner and their companion(s) (if any) may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion or any agencies associated with this promotion. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised 10 [v1] Item Subject Details intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes, subject to any written directions made under applicable State or Territory legislation. Apple Inc and Google (and any of their brands and trade marks including but not limited to Apple and Android) are not participants in or sponsors of this promotion. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable). Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at http://www.hyundai.com.au/privacy. The Promoter will provide to each Entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Entry Conditions 1 ENTRY 1.1 Entry is only open to those persons specified in Item 2 of the above Schedule to Entry Conditions (“Schedule”). 1.2 To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule. 1.3 1.4 Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule. All entries must be received by the Promoter by or in the period indicated in Item 4(a) of the Schedule. Entries are deemed to be received at the time the Promoter receives the entry in its 11 [v1] 1.5 1.6 1.7 1.8 1.9 promotion database, and not at the time of transmission by the entrant. The Promoter may, at any time, verify the validity of entrants and entries (including an entrant’s identity, age, place of residence and whether they hold any driver’s licence required to enter this promotion). Entrants must fully cooperate with the Promoter in connection with such verifications. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. However, the Promoter may (but is not obliged to) at its discretion accept an entry which contains errors or omissions. All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant’s responsibility. If this promotion involves the entrant participating in any physical or sporting activity, the entrant acknowledges and agrees that: (a) the entrant is fit, in good health, and not aware of any reasons that may harm or endanger their health by participating in such activities. Without limitation, the entrant warrants and agrees that at the time they participate in the activities, they will not be pregnant, under the influence of drugs or alcohol, and will not have any heart condition, abnormal blood pressure, epilepsy, pre-existing injury or any other medical condition that might make it unsafe for them to participate in the activities; (b) the entrant may be required to undertake tasks that may be physically challenging and may involve risks of injury, illness or death, some of which may be obvious and others that may not be obvious; (c) the entrant may be required to sign an indemnity form (with content that the Promoter determines in its discretion) before participating in the activities, and if they refuse to sign the indemnity form, this will disqualify the entrant and the Promoter may select another person to replace the entrant at its sole and absolute discretion; (d) the Promoter will not be responsible or liable for any personal injury, illness or death caused to the entrant or any other person in connection with the entrant’s participation in the activities; and (e) the entrant must conduct themself in an appropriate manner and follow the Promoter’s instructions and all venue rules and regulations at all times. If this promotion involves the entrant submitting any photographs, images, films, recordings, footages, videos, sms or mms messages, testimonials, comments, artistic works, literary works, information, materials or documents to the Promoter (“Content”) then the entrant agrees that: (a) the entrant must not submit any Content that is unlawful, fraudulent, defamatory, offensive. obscene, derogatory, discriminatory. pornographic, sexually inappropriate, insulting, scandalous, violent, abusive, harassing, threatening, inflammatory, not suitable for children under 15 years, unlawful, libellous, hateful, objectionable in relation to race, religion, ethnicity or gender, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law, capable of giving rise to a civil liability or otherwise unsuitable or inappropriate; (b) the entrant must not submit any Content that breaches or may breach any intellectual property, privacy, publicity or other rights; (c) the Content is the entrant’s own original independent creation and does not include any third party’s intellectual property or infringe any third party’s intellectual property rights; (d) the entrant is fully responsible for the Content. The Promoter will not be liable for the Content or its use in any way; (e) before submitting the content, the entrant has obtained or obtains the consent of all persons who appear in the Content to in relation to the use of the Content for this promotion; (f) the Content has not been published previously or used in any other promotion; (g) the Content will not contain viruses or cause injury or harm to any person or entity; (h) the entrant will comply with all applicable laws and regulations, including without limitation, those laws governing intellectual property, content, defamation, publication, privacy and the access and use of computer or communication systems; (i) the Promoter may review all Content and may at any time reject, remove or take down any Content (wholly or partially) at its sole and absolute discretion without notice if it considers, discovers or suspects the Content not to comply with any of these Term and Conditions; (j) the entrant must comply with all requests by the Promoter to remove, take down or edit any Content; (k) unless clause 1.10 applies, the entrant grants the Promoter, its affiliates, agencies and sub-licensees a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, disclose and display the Content for any purpose and in any media and medium, without compensation, liability, restriction on use, attribution of the entrant’s moral rights. Entrants warrant that they have full authority and rights to grant such rights to the Promoter. (l) the entrants must not assert any moral rights in connection with the Content; 1.10 If the Promoter requires, all title and property in any Content will be transferred from the entrant to the Promoter and the entrant will not be entitled to any compensation for such transfer. 2 PRIZES 2.1 The prizes in this promotion include the prizes set out in Item 5(a) of the Schedule. The entrant agrees to any terms relating to the prizes set out in Item 5(a) of the Schedule. 2.2 Prize winners will be selected in accordance with the method set out in Item 5(b) of the Schedule. 2.3 Prize winners will be notified in accordance with the terms set out in Item 6 of the Schedule, and their names and/or suburbs will be published in accordance with the terms set out in Item 7 of the Schedule. 2.4 The entrant must ensure they provide their correct contact details to the Promoter, and to notify the Promoter of any changes to their contact details before the date and time for announcing winners. The Promoter will not be liable if it cannot contact any winner because of any incorrect contact details provided by an entrant. 2.5 If a winner is under 18 years, the Promoter may award the prize to the winner’s parents/guardian on the winner’s behalf. 2.6 If the Promoter requests, the winner (and any parent or guardian of the winner) must provide the Promoter with proof of identity before being eligible to claim a prize. 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. 2.7 If any prize or portion of a prize is unavailable, the Promoter may at its sole and absolute discretion substitute the prize or portion of that prize with a prize of equal value and/or specification, subject to any directions form any regulatory authority, if applicable. 2.8 The maximum prize pool value is set out in Item 5(c) of the Schedule. The Promoter accepts no responsibility for any variation in the total prize value or any individual prize value. 2.9 Prizes or any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless the Promoter agrees otherwise in writing. 2.10 Prizes are awarded subject to the standard terms and conditions of individual prize and service providers. 12 [v1] 2.11 Any ancillary costs associated with redeeming a prize (including without limitation, transportation costs) are not included and are the responsibility of the winner. 2.12 The entrant agrees to the terms concerning (if applicable) redraws and redetermination of winners set out in Item 8 of the Schedule. 2.13 These Terms and Conditions and any promotional materials connected with this promotion do not include by implication any term, condition, representation or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, image, manufacture, design or performance of any of the prizes, to the fullest extent permitted by law. 3 PRIVACY 3.1 The Promoter collects the entrant’s personal information to conduct this promotion and may, for this purpose, disclose such information to third parties, including without limitation, to its agents, contractors, affiliated entities, service providers, prize suppliers and Australian regulatory authorities. 3.2 The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any opt out, access, update or correct information request to the Promoter. A copy of the Promoter’s privacy policy can be viewed at http://www.hyundai.com.au/privacy. 3.3 Entrants consent to the Promoter using their name, suburb of residence, photo, likeness, image, voice, recording, film and/or footage in any media for an unlimited period without remuneration to promote this promotion (including any outcome), and promote any products and services that the Promoter supplies or distributes. 4 SOCIAL MEDIA 4.1 If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees: (a) to comply with (where applicable) Facebook’s, Twitter’s, YouTube’s, Instagram’s and any other social media website’s terms and conditions in relation to promotions, including (as applicable) Facebook’s Statement of Rights and Responsibilities, Twitter’s terms of service, YouTube’s terms of service and Instagram’s terms of use; (b) that this promotion is in no way sponsored, endorsed or administered by, or associated with (where applicable) Facebook, Twitter, YouTube, Instagram or any other social media website (unless otherwise specified); and (c) that any questions comments or complaints about this promotion must be directed to the Promoter and not to (as applicable) Facebook, Twitter, YouTube, Instagram or other social media website. 5 GENERAL 5.1 All of the Promoter’s decisions in connection with this promotion are final and binding, and no correspondence will be entered into regarding the decisions. All decisions are made at the sole and absolute discretion of the Promoter. 5.2 Entrants agree to indemnify and keep indemnified the Promoter against all losses, costs, expenses, damages or liabilities that the Promoter suffers or incurs or is likely to suffer or incur, and against all claims, demands, proceedings, suits and actions against the Promoter in connection with an entrant’s breach of any of these Conditions. 5.3 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 5.4 The Promoter may at its sole and absolute discretion and to the full extent permitted by law: (a) invalidate any entry; (b) disqualify any entrant; and/or (c) modify, suspend, terminate or cancel the promotion, as appropriate, for any reason the Promoter deems appropriate at its discretion, including without limitation if: (d) 5.5 5.6 5.7 5.8 any entry does not comply with any of these Conditions, is incomplete or indecipherable, or is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents; (e) any entrant does not comply with these Term and Conditions or tampers with the entry process; (f) the promotion is not capable of being conducted as reasonably anticipated; (g) any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs; (h) any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or (i) any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion. To the extent permitted by law, the Promoter (including its respective officers, employees, directors, contractors, agents and affiliated entities) is not responsible for and excludes all liabilities (including exclusion of all liabilities for negligence, personal injury, illness and death of any person), losses, expenses, damages, costs, claims, demands, proceedings, actions and suits (whether or not direct, indirect, special, consequential) arising as a result of or in connection with any of the following: (a) any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs; (b) any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or (c) any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion; (d) entry or prize claim that is late, lost, altered or damaged, whether or not due to the Promoter’s act, omission or fault; (e) variation in prize value to that stated in these Terms and Conditions; (f) entrant’s or other person’s participation in this promotion; (g) damage caused to any prize in transit before the prize winner takes possession; (h) tax liability incurred by a winner or entrant; (i) use or misuse of the prize; (j) invalidation of any entry; (k) disqualification of any entrant; and/or (l) any cancellation, termination, modification or suspension of this promotion. If any Hyundai vehicle is to be loaned to an entrant or winner, such loan is subject to the Promoter’s standard terms and conditions in relation to vehicle loan arrangements. The entrant or winner must sign any document or agreement that the Promoter requires before accepting and using the loan vehicle (including any deed of release and indemnity). Without limiting the terms in the vehicle loan agreement, the entrant or winner agrees that: (a) the vehicle must be collected and returned at a time and to a location the Promoter requires; and (b) the entrant or winner will be responsible for all fuel costs and traffic infringement fines, penalties and tolls incurred during the loan period. The entrant must comply with all additional terms set out in Item 10 of the Schedule. Where applicable, the permits/licences issued for the conduct of this promotion are set out in Item 9 of the Schedule. 13 [v1]