Terms and Conditions

Toyota Huski Skid Steer Loader Promotion

Promotion

1. Customers that purchase a new Toyota 5SDK Huski skid steer loader could go in the draw to win certain Casey Stoner autographed prizes, as detailed in these Terms and Conditions (Promotion).
2. Entry to and the conduct of the Promotion will be in accordance with these Terms and Conditions. Instructions on how to enter and prize information form part of these Terms and Conditions. Entry and participation in the Promotion is deemed to be acceptance of these Terms and Conditions.
3. The promoter is Toyota Material Handling Australia Pty Limited (ABN 38 104 644 635) of 8 Secombe Place, Moorebank, NSW 2170 (Promoter).
4. The Promotion commences at 9.00am (AEST) on 1 July 2009 and closes at 5.00pm (AEST) on 31 December 2009 (Promotion Period).

Entry and eligibility

5. Entry is only open to Eligible Entrants. An "Eligible Entrant" is an individual who:
   
   (a)is 18 years of age or older;
   (b)is an Australian resident;
   (c)purchases a new Toyota 5SDK Huski skid steer loader from a participating branch or dealership of the Promoter during the Promotion Period;
   (d)holds any appropriate licences and statutory permits to operate the Toyota Huski 5SDK skid steer loader purchased;
   (e)is not ineligible under paragraphs , or of these Terms and Conditions; and
   (f)otherwise submits an entry that complies with these Terms and Conditions.
6. To enter, Eligible Entrants must correctly complete the Promotion entry form, which is available at a participating branch or dealership of the Promoter, and submit the entry form to the Promoter during the Promotion Period by either fax to (02) 4627 8266 or post to Toyota Material Handling Australia PO Box 786 Moorebank NSW 1875, marked to the attention of "Marketing Manager".
7. The entry form must be completed and submitted according to the instructions on the entry form. Each entrant must ensure that their entry form is received by the Promoter before the end of the Promotion Period. The Promoter takes no responsibility for late or misdirected entry forms or for any delays or failures in any postal service or telecommunications service or equipment. Any costs associated with submitting the entry form are the responsibility of the entrant.
8. Each purchase of a new Toyota 5SDK Huski skid steer loader from a participating branch or dealership of the Promoter during the Promotion Period entitles an Eligible Entrant to submit one entry into the Promotion. The number of entries permitted per Eligible Entrant is limited to the number of purchases they make in accordance with this paragraph.
9. If any contact details provided on an entry form are incorrect, the entry form will not qualify for entry into the Promotion. Incomplete or illegible entries will also be deemed invalid.
10. Employees, directors or managers of the Promoter, its related and associated companies, its dealers or any suppliers, agencies or other entities associated with the Promotion, are ineligible to enter. The immediate family members of such employees, directors and managers are also ineligible to enter. Immediate family member includes spouse, de facto spouse, parent, child or sibling (whether full, half, step or by adoption) of such employee.
11. The Promoter reserves the right, at any time, and in its sole and absolute discretion, to:
    
    (a)verify the validity of an entry or an entrant's qualification as an Eligible Entrant;
    (b)determine the identity of an entrant; and
    (c)disqualify an entrant the Promoter has reason to believe has submitted an entry not in accordance with these Terms and Conditions or who is otherwise not an Eligible Entrant.
    
    The Promoter may request proof of identity, proof of age and proof of residency in order to verify the validity or determine the identity of an entrant. In addition, entrants must retain, and may be required to present to the Promoter, proof of purchase in order to claim a prize.

Prizes

12. There are 8 major prizes to be won, each consisting of a Toyota jacket signed by Casey Stoner valued at $600. The total value of the major prizes is $4,800.
13. There are 80 minor prizes to be won, each consisting of a Casey Stoner poster signed by Casey Stoner valued at $350. The total value of the minor prizes is $28,000.
14. Total prize value is $32,800.
15. The Promoter will be responsible for the cost of delivery of the prizes to the winners. The method of delivery and packing will be determined by the Promoter in its sole and absolute discretion and free of insurance. Any other ancillary costs associated with a winner's acceptance and use of a prize is the responsibility of the winner. If a prize or the receipt of it incurs a tax liability, the winner is liable for that tax liability.
16. Prizes are not exchangeable, transferable or redeemable for cash. If, for any reason, a winner does not take a prize by the time stipulated in these Terms and Conditions the prize will be forfeited and a redraw will occur in accordance with paragraph .
17. If a prize is unavailable, the Promoter may substitute the prize with a prize to an equal value, subject to approval from any relevant regulatory authority (including those that have issued permits or licences for the Promotion).

Draw

18. The draw for all prizes will be conducted at the address of the Promoter on Monday, 11 January 2010 at 3:00pm (AEST).
19. Entries will be divided into 8 groups corresponding to the regions of the branches or dealerships of the Promoter. An entrant will form part of the group that relates to the region of the branch or dealership in which they purchased their Toyota 5SDK Huski skid steer loader from. The 8 branches/dealerships represent the following regions:
    
    (a)New South Wales and the Australian Capital Territory;
    (b)Victoria;
    (c)South Australia;
    (d)Western Australia;
    (e)Tasmania;
    (f)Northern Territory;
    (g)South Queensland; and
    (h)North Queensland.
    
    There is one major prize to be won per group. Each of the 8 major prize winners will be the first entry in each group manually selected at random by a representative of the Promoter from those entries that are from Eligible Entrants.
20. Once the major prizes have been awarded, the remaining entries from the 8 groups will be combined and the 80 minor prize winners will be the first 80 entries manually selected at random by a representative of the Promoter from those entries that are from Eligible Entrants.

Winners

21. Winners will be notified by telephone and in writing by Wednesday, 13 January 2010 and their name published on www.toyotaskidsteerloader.com.au (Website) and also in The Australian on Monday, 18 January 2010. Winners can claim their prizes either over the telephone, by reply email or by otherwise contacting the Promoter's Marketing Manager using the contact details in the email notification or as detailed at paragraph .
22. If a prize remains unclaimed as at Monday, 12 April 2010, a redraw may take place on that date at the same time and location as the original draw, subject to any directions from a relevant regulatory authority (including those that have issued permits or licences for the Promotion). Winners will be notified by telephone and in writing by Wednesday, 14 April 2010 and their name published on the Website and also in The Australian on Monday, 19 April 2010.
23. Once a winner claims their prize, whether from the draw or a redraw, it will be delivered to the address given in their entry form, or any alternative address notified by the winner to the Promoter in writing, within 28 days of the draw or redraw (as the case may be). Property and risk in and to the prizes will pass to the winners on the prizes being passed to the carrier for delivery to the winners and the Promoter will not be responsible for any damage or loss to the prizes after that time.

General

24. The decision of the Promoter regarding winners and any other aspect of the Promotion is final and binding on every person who participates in the Promotion. No correspondence will be entered into.
25. Failure by the Promoter to enforce any of its rights at any time is not a waiver of those rights.
26. All prices stated are in Australian dollars, represent the recommended retail price or, in the absence of a recommended retail price, the prevailing market price to the best of the Promoter's knowledge, and exclude GST.
27. In accepting a prize, a winner agrees to participate in any publicity arrangements made by or on behalf of the Promoter. A winner further acknowledges and agrees that the Promoter has the right to publicise the winner's name, likeness, photograph and voice, and also the State/Territory in which the winner ordinarily resides, in any language and in any media (whether now known or later devised) throughout the world in perpetuity without restriction in respect of this Promotion and any products or services offered, manufactured, distributed and/or supplied by the Promoter, without any payment being made to the winner.
28. All entries in the Promotion become the property of the Promoter. The Promoter collects personal information from entrants to conduct the Promotion and any personal information provided may be used by the Promoter in order to conduct the Promotion and also in the manner set out in the Promoter's Privacy Policy, which is available at the Website. Entry in this competition is conditional on provision of the personal information requested and the granting of consent to the Promoter's use of the personal information in accordance with the Privacy Policy and these Terms and Conditions. Entrants may direct any request to access their personal information to the Promoter's Privacy Officer, as detailed in the Privacy Policy.
29. To the extent permitted by law, the Promoter (including its officers, contractors, employees, agents and representatives) are not liable for any loss (including loss of opportunity), damage (including, but not limited to, direct, indirect or inconsequential loss), costs, expenses, claims or personal injury arising in any way from or in relation to:
    
    (a)this Promotion;
    (b)any entry form or prize that is late, lost, altered, damaged or misdirected; or
    (c)the use of a prize.
30. If for any reason the conduct of the Promotion is interfered with or disrupted in any way by any act beyond the reasonable control of the Promoter (including without limitation an act of God; inevitable accident; natural disaster; fire; power failure; computer bugs or viruses; fraud, tampering or technical failures; lock out, strike or other labour dispute; riot or civil commotion; act of public enemy or terrorism; and any enactment, rule, order or act of government) the Promoter may cancel, terminate, modify or suspend (and, at its sole and absolute discretion, recommence) the Promotion, subject to the approval or direction of any relevant regulatory authority (including those that have issued permits or licences for the Promotion). Authorised under NSW Permit No. LTPS/09/05812; S.A. Permit No. T09/1440; ACT Permit No. TP 09/02341; and Vic Permit No. 09/1976.