Toyota Material Handling Australia Facebook Photo Contest Terms & Conditions
Promoter: Toyota Material Handling Australia Pty Limited ABN 38 104644 635 of 8 Secombe Place Moorebank NSW 2170 (“TMHA”)
Promotion Start Time/Date: 9:00am (AEST) on 1 June 2018
Promotion End Time/Date: 4:50pm (AEST) on 31 July 2018 (together the “”Promotional Period”)
Final entries to be received by: 5:00pm (AEST) on 31 July 2018
*Eligible Entry: 1 x Photograph of entrants using a Toyota brand forklift in a work scenario, to be uploaded to Facebook within the Promotional Period
Prizes: 8 x remote-controlled Toyota miniature forklifts
Information on how to enter this Competition forms part of these Terms and Conditions. Entry into the Competition is deemed acceptance of these Terms and Conditions.
Entry into the Competition is only open to residents of Australia aged 18 years or older (“Eligible Entrant”). Employees of Toyota Material Handling Australia Pty Limited, or their family members, or anyone else connected with the Competition, may not enter the Competition.
To enter the Competition, Eligible Entrants must, during the Promotional Period:
Upload a photo showing the Entrant and one or more Toyota brand forklift in a unique work scenario.
The post must be uploaded publicly to Facebook
Eligible Entrants are permitted two entries per Facebook account. A maximum of two entries per Eligible Entrant is accepted, however; each entry must be based on a separate Eligible Entry, must be submitted separately and must independently comply with these Terms and Conditions. Joint submissions are not allowed. If there is a dispute as to the identity of an Eligible Entrant, the Eligible Entrant will be deemed to be the person in whose name the Facebook account used to enter the Competition is held.
The time of entry will be deemed to be the time the entry is received by the Promoter. The Promoter is not responsible for any technical malfunction of any communications network or any lost, late, delayed, ineligible, incomplete, corrupted or misdirected entries, howsoever caused.
Any cost associated with accessing the TMHA Facebook Page is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used.
The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Eligible Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
Entry terms and use of content
When an Eligible Entrant submits any materials including images as part of an Eligible Entry (“Content”), the Eligible Entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and any sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Eligible Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Eligible Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever.
Eligible Entrants warrant and agree that:
they will not submit any Content that is unlawful (including involving an actual or potential breach of any work health and safety laws) or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender or otherwise unsuitable for publication;
they will obtain prior consent from any person or property that appears in their Content;
their Content shall not contain viruses or cause injury or harm to any person or entity; and they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
Picking the winners
The Promoter will choose eight winners in total throughout the Promotional Period from all the valid Eligible Entries received in accordance with these Terms and Conditions. When choosing the winners, the Promoter will be looking for the most well composed, artistic and original image that evokes the best interpretation of the theme.
The winners will be notified in writing on or before 31 August 2018. If a winner does not respond to the Promoter within 28 days of being notified by the Promoter or does not collect the prize within a reasonable period of time, then that winner's prize will be forfeited and the Promoter shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 28 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and the Promoter shall be entitled to select another winner. Winners’ name and locality will be published on the TMHA website.The Promoter’s decision is final and no correspondence will be entered into. The Promoter reserves the right in its absolute discretion to extend the closing date where the entries received are of insufficient quality.
The winners will each receive a remote controlled miniature forklift. The Promoter accepts no responsibility for any costs associated with the prize and not specifically included in the Prize.
The Prize is non-exchangeable, non-transferable, and is not redeemable for cash or any other prizes. The Promoter retains the right to substitute the Prize with another prize of similar value in the event the original prize offered is not available.
It is a condition of accepting a Prize that the winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
Winners may also be required to take part in promotional activities related to the Competition and winners shall participate in such activities on the Promoter's reasonable request. The winner consents to the use by the Promoter, both before and after the closing date of the Competition for an unlimited time, of voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites or social media accounts hosted by or owned by the Promoter and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Competition, all entrants consent to the same.
By submitting your personal information, you agree to receive marketing material from or on behalf of TMHA containing offers and developments that we think may interest you. You will be given the opportunity to unsubscribe at any time.
Limitation of liability
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 Competition.
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:
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
any theft, unauthorised access or third party interference;
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;
any variation in prize value to that stated in these Terms and Conditions;
any tax liability incurred by a winner or entrant; or