General:
1. These terms and conditions apply to all entrants who participate in the Flare “Drive away with $30k” promotion (“Promotion”). Participation in this Promotion is deemed acceptance of these terms and conditions. The “Promoter” is Flare HR Pty Ltd (ABN 46 607 120 892) located at 3/309 Kent St, Sydney NSW 2000, telephone: 1300 352 734.
Promotional Period
2. The Promotion begins on 15 May 2024 and ends on 31 August 2024 at 23:59 (AEST) (“Promotional Period”).
Eligibility Criteria
3. Entry is only open to Australian residents aged 18 years or older.
Ineligible Entrants
4. Employees (and their immediate families) of the Promoter, MYOB Australia Pty Ltd, their subsidiaries and any agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de facto spouse, parent, child, or sibling (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or cousin. Individuals engaging in lease transitions or renewals and winners of any promotions conducted by the Promoter within the previous three (3) months before the commencement of this Promotion are ineligible to enter.
Entry into the Promotion
5. To enter and receive one (1) automatic entry into the draw, eligible entrants must take out a fully maintained Flare Cars novated lease on any new car during the Promotional Period. For clarity, the novated lease through Flare Cars must not be cancelled prior to the draw date of 30 September 2024. Novated leases on used or existing cars, any self-managed leases, lease transitions and renewals are excluded from this Promotion.
6. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per valid novated lease taken out on a new car; and (b) each entry must be submitted separately and in accordance with entry requirements.
7. 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.
8. 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.
Prize Details:
9. The first randomly drawn eligible entry will receive a cash prize of AUD$30,000 in the form of an electronic funds transfer (“EFT”) into the winner’s nominated Australian bank account, 30 days after the prize has been claimed by the winner.
10. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited.
11. Total prize pool value is $AUD30,000.
12. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value or specification, subject to any written directions from a regulatory authority.
13. Prize is not transferable or exchangeable unless otherwise specified.
14. Winner is responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
Draw Details
15. The random prize draw will take place at 10:00 (AEST) on 30 September 2024 at Anisimoff Legal, G13, 3 Amy Close, Wyong NSW, in the presence of an independent scrutineer. The first eligible entry randomly drawn, as determined by the Promoter, will be the winner. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
16. Incomplete or indecipherable entries will be deemed invalid.
17. 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.
18. The Promoter’s decision is final and no correspondence will be entered into.
Winner Announcement
19. The winner will be notified by email and phone on 4 October 2024 and the winner’s initial, surname and postcode will be published at https://www.flarehr.com/cars/win-30k on 4 October 2024. Eligible entrants are responsible for ensuring their contact details are correct and accurate to be contacted via the provided email address and/or phone number.
Claiming the Prize
20. The winner must claim their prize by 17:00 (AEDT) on 29 October 2024 by confirming the receipt of the notification by return email or during the notification telephone call, and providing their full bank account details.
Right to Redraw
21. The Promoter reserves the right to redraw in the event of an entrant being unable to satisfy these terms and conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed at 17:00 (AEDT) on 29 October 2024, a second draw will be conducted at 10:00 (AEDT) on 30 October 2024 at Anisimoff Legal, G13, 3 Amy Close, Wyong NSW 2259, subject to any written direction given under applicable law. The winner, if any, will be notified by email and phone using the details provided with the winning entry on 6 November 2024 and the redraw winner’s initial, surname and postcode will be published at https://www.flarehr.com/cars/win-30k on 6 November 2024.
Liability
22. 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.
23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) accepts no liability and is not responsible for any loss, including indirect or consequential losses arising from entrant’s entry into the Promotion (including arising from negligence), entrant’s claim of the prize (including any late, lost, or misdirected claims, or any tax liability incurred in claiming the prize), any technical difficulties or equipment malfunction (whether or not under the Promoter’s control), any theft, unauthorised access or third party interference, any variation in prize value to that stated in these terms and conditions, any tax liability incurred by the winner or entrant, or the entrant’s use of the prize.
24. 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.
25. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
Privacy Statement
26. The Promoter collects personal information from entrants when they enter this Promotion and may collect further information from entrants if they win or if required by gaming and lottery legislation. The Promoter will publish the winner’s name in accordance with these terms and conditions. The Promoter collects this information for the purposes of this Promotion and to promote their products and services to entrants. Entrant’s personal information may be disclosed to the Promoter and its subsidiaries, personnel, and entities involved in running this Promotion or delivering the prize, regulators of gaming and lotteries activities (where applicable), or other parties required by law. Without this information, entrants cannot participate in the Promotion or win the prize. The Promoter’s Privacy Policy, which can be found at https://www.flarehr.com/privacy-policy, contains important information about how they collect, hold, use, and disclose personal information, the security of entrant’s personal information, and how entrants can make a complaint. If entrants do not wish to receive Promotional material from the Promoter or would like a copy of the Promoter’s Privacy Policy, please contact us at 1300 352 734, visit https://www.flarehr.com/privacy-policy or email [email protected].
NSW Authority TP/03502. ACT Permit No. TP24/00983. SA Permit No. T24/759.
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