Terms and Conditions

Stock shortages and purchase triggers User Survey Promotion

General Entry 

 

1.1. Information on how to enter this EV Guide User Survey promotion (the Promotion) forms part of these terms and conditions (the Terms and Conditions). 

 

1.2. The promoter is Gumtree AU Pty Limited (ABN 33 616 996 840) and CarsGuide Autotrader Media Solutions Pty Ltd (ABN 37 150 757 574) of Level 22, 1 York St, Sydney, 2000 (the Promoter). 

 

1.3. Entry is only open to users of the Promoter’s Gumtree.com.au and CarsGuide.com.au websites, who:

 

  1. are current customers/users of the Promoter;
  2. are Australian residents over the age of 18 that currently reside is in NSW, VIC, QLD, WA, TAS, NT, SA or ACT;
  3. complete the steps listed in clause 3; and
  4. are otherwise not excluded by clause 1.5 of these terms and conditions,

    (Eligible Participant).  

 

1.4. By entering and/or participating in the EV Guide User Survey and this Promotion, each Eligible Participant agrees to abide and be bound by these Terms and Conditions. 

 

1.5. The following people are not eligible to participate in the Promotion: 

 

(a) directors, officers and employees of the Promoter and each of their related companies; 

(b) directors, officers and employees of contractors to the Promoter; and 

(c) immediate family of persons falling into the categories under (a) and/or (b). 

 

For the purposes of these Terms and Conditions, ‘immediate family’ means spouse (including de facto), parent, child and stepchild.  

 

  1. Term of Promotion 


The Promotion commences at 9:00 AM (AEDT) Thursday 9 June 2022 and ends at 11:59 PM (AEDT) on 24 June 2022 (the Promotion Period). Any entry received after the expiry of the Promotion Period will be deemed invalid.

 

 

  1. How to Enter 

 

To enter, an Eligible Participant must complete the following steps during the Promotion Period: 

 

(a) fully complete the CarsGuide Stock shortages and purchase triggers online questionnaire available on either Gumtree.com.au or CarsGuide.com.au (the User Survey); 

(b) provide their full name and/or email address as part of the User Survey. It is the responsibility of Eligible Participants to provide correct and accurate contact details; and 

(c) In strictly 25 words or less provide their answer to the following question:

 

“In order to enter our prize draw for one of three $100 Gift Cards, please tell us in 25 words or less your favourite car brand and why?” 

 

For the avoidance of doubt, this is a game of skill. Chance plays no part in determining the Winner. Each entry will be individually judged, based upon individual creative merit.

 

 

  1. Selection of Winner 

 

Three (3) Eligible Participants will be selected on the 27th June 2022 at 10:00 AM (AEDT) at the office of the Promoter located at Level 22, 1 York Street, NSW 2000 (Winner/s). 

 

Each entry will be judged by an employee of the Promoter as appointed by the Promoter in its sole discretion.  The judge will determine the Winner/s in its sole and absolute discretion, based on the relative creative merit of an individual entry, and the Promoter expressly reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. This is a game of skill, the Promoter’s decision is final and no correspondence will be entered into. 

 

For the avoidance of doubt, Participants acknowledge and agree that any entry which is more than 25 words will not be eligible for the Prize.

 

 

  1. The Prize 

 

5.1. The (3) Winners will each receive a Prezzee gift card valued at $100 (the Prize). 

 

5.2. The Prize must be taken as offered and cannot be varied or redeemed for cash with any unused portions forfeited. A Prize cannot be transferred. Each Prize value is GST inclusive, and is in Australian dollars.;

 

5.3. If due to circumstances outside of Promoter’s control, Promoter is unable to provide the stated Prize, the Promoter reserves the right to award substitute prizes of equal value.   

 

5.4. The Prize will be valid for a limited period of time and unless stated otherwise by the Promoter, is subject to the terms and conditions of the gift voucher itself https://www.prezzee.com.au/doc/terms-of-sale/, managed and administrated Prezzee Pty Ltd. By accepting the Prize the Winner acknowledges and agrees to the terms and conditions of the gift voucher, as provided in this clause 5.4.

 

  1. Prize Winner Notification 

 

6.1. The Winners will be notified by email by 5.00 PM (AEDT) on 27th June 2022. 

 

6.2. Each Winner must provide to the Promoter any necessary delivery details for the Prize. 

 

 

  1. Exclusion of Liability 

 

7.1. The Promoter has no liability for a Winner’s failure to receive emails or messages due to Winner’s spam, junk email or other security settings or for a Winner’s provision of incorrect, inaccurate or otherwise non-functioning contact information. The Promoter will not be liable for any loss or damage whatsoever resulting from incorrect or inaccurate details being provided by entrants.  

 

7.2. To the full extent permitted by law, the Promoter is not liable for any loss, including, but not limited to, direct, consequential (including economic) or indirect loss or any loss of profits, by reason of any act or omission, deliberate or negligent, by the Promoter, or its or their servants or agents, in connection with this Promotion or the arrangement for supply, or the supply or failure to supply, of any goods or services by any person to a Winner. 

 

7.3. Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that an Eligible Participant might have that are not able to be excluded under applicable Australian laws, including the Australian Consumer Law. 

 

 

  1. Unclaimed Prizes 

 

8.1. If any of the Winners does not confirm acceptance of a Prize to the Promoter by 5:00 PM (AEDT) on 11 July 2022 (clause 6.2) a new winner will be selected (AEDT) on 12 July 2022 at the Promoter’s New South Wales Office. Any winner of an unclaimed prize will be selected in the same manner as detailed in clause 4 of these Terms and Conditions. 

 

8.2. The Winner/s of the unclaimed prizes (the Supplementary Winner/s) will be notified by phone and/or email by 5.00 PM (AEDT), 12 July 2022. 

 

8.3. The Supplementary Winner will have until 26 July 2022 to contact the Promoter and confirm their details. If the Supplementary Winner has not confirmed such details with the Promoter by this date, the Prize will be forfeited, and no further winner selection will take place.

 

  1. Other 

 

9.1. By entering this Promotion, an Eligible Participant gives their express permission to be contacted by the Promoter in relation to this Promotion. All entries become the property of the Promoter.  

 

9.2. Any taxes which may be payable as a consequence of the Winner accepting the Prize are the sole responsibility of the Winner.  

 

9.3. 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).  If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in their sole discretion, to determine the identity of the entrant. The Promoter takes no responsibility where it is unable to contact a Winner who has not provided correct or complete contact details. If an entrant’s contact details change during the Promotion Period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.

 

9.4. The Promoter 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 the 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. 

 

9.5. As a condition of entering this Promotion, each Eligible Participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their responses to the Digital Survey for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without further notice, compensation, restriction on use, attribution or liability.  Eligible Participants consent to: (a) appearing in a reasonable number of PR activities and interviews, as determined by the Promoter, in order to publicise the Promotion and the Promoter at the request of the Promoter; and (b) 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 the Promoter or gumtree.com.au. These Terms and Conditions are governed by the laws in force in New South Wales during the Promotion Period and each Eligible Participant agrees to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales or any other court having jurisdiction in Australia as may be nominated by Promoter. 

 

9.6. In order to participate in the competition, Eligible Participants must provide certain personal information to the Promoter 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, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct personal information to the Promoter. The personal information collected via the Digital Survey is collected and processed only for the purposes of organising, running and monitoring this Promotion. For more information about the Promoter’s privacy policy, please visit:

Gumtree:

https://help.gumtree.com.au/AU/articles/en_US/KB_Article/Gumtree-Privacy-Policy-AU?vgroup1=PKB&c=PKB%3APolicies&vcategory2=General_Policies&s= 


CarsGuide:

https://www.carsguide.com.au/privacy-policy

 

9.7   If for any reason the Promotion is not capable of being conducted in the manner or on the dates described in these Terms and Conditions as a result of an external act, omission or event that prevents or hinders the conduct of the Promotion, including, but not limited to, vandalism, power failures, strikes, computer, phone, servers or internet failures, virus, line drop out, bugs, tampering, unauthorised intervention, fraud, pandemics, technical failures or any other causes beyond the control of the Promoter which corrupt of affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry or Promotion process and to cancel, terminate, modify, suspend or take any other action in relation to the Promotion, subject to the applicable legislation in each state or territory.