Win a Weekend at Thredbo for 2 Land Rover
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation
in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years and over who are available to travel to
Thredbo NSW on and between one (and only) of the following dates 20-22nd August 2021 / 3-
5th September 2021 / 10-12th September / 18-19th September 2021 to participate in the prize (if
selected as the winner). In the event the winner is aged between 18 and 24 years of age, the
winner acknowledges that they must take the prize with a nominated companion aged 25 years
or older.
3. Employees (and their immediate families) of the Promoter and agencies associated with this
promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse,
de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent,
grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or 1st cousin.
4. Promotion commences at 12:01am AEST on 12/06/2021 and ends at 11:59pm AEST on
02/07/2021 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
a) Visit the competition page https://cloud.e.infojaguarlandrover.com/Land-Rover-Thredbo
b) input the requested details into the entry form as prompted (including their full name, a
valid email address, phone and postcode);
c) answer the promotional question in 25 words or less “What your dream Defender
Adventure Weekend away is?” (“Competition Question”); and then
d) submit the fully completed entry form.
6. Each entrant warrants to the Promoter that any content submitted in their entry is an original
creative work of the entrant that does not infringe the rights of any third party. Entries that contain
prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will
not be eligible to win.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry per person is permitted.
9. 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
will 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.
10. Incomplete or indecipherable entries will be deemed invalid.
11. 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.
12. This is a game of skill and chance plays no part in determining the winner. Each entry will be
individually judged based on the originality, literary merit and creative merit of the answer submitted
and how well it encapsulates the Competition Question. The judges may select additional reserve
entries, which they determine to be the next best, and record them in order of merit, in case of an
invalid entry or ineligible entrant.
13. The winner will be notified by email or telephone given via the competition form. The winner will be
announced on 09/07/2021.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The best entry from all valid entries received, as determined by the judges, will win a weekend
away to Thredbo, NSW for two (2) people including the use of a 2021 Land Rover Defender. Prize
is valued at up to $2,500 depending on dates of stay and includes the following:
• The use of a 2021 Land Rover Defender;
• two (2) nights twin share accommodation staying at the The Alpine Hotel Thredbo;
• Lift passes for two days and equipment for 2 people.
16. The prize is available to be redeemed on the following dates: 20-22nd August 2021 / 3-5th September
2021 / 10-12th September / 18-19th September 2021. As per clause 2 above, if the winner is aged
between 18 and 24 years of age, they must take a person aged 25 years or over as their nominated
companion who has a valid Australian drivers license (“Nominated Driver”). The winner or Nominated
Driver will be required to pick up the 2021 Land Rover Defender from Mascot, NSW, prior to the weekend
away, and will be responsible for making their own way to and from Thredbo, NSW (with the 2021 Land
Rover Defender). Any costs associated with getting to and from Mascot, NSW to pick up and/or drop of
the vehicle are not included. The Promoter will provide the winner with one (1) full tank of fuel, any
additional fuel costs are not included. The use of the 2021 Land Rover Defender is subject to Land Rover
standard terms and conditions in relation to test drives and similar arrangements, details of such
agreement are listed below in Annexure A. It is a condition of accepting the prize that the winner or
Nominated Driver signs any such document Land Rover may require prior to accepting the prize
(including but not limited to a deed of release and indemnity). The Nominated Driver must have a current
valid driver’s license issued in an Australian State or Territory (learners and provisional license not
accepted) and meet any age requirements. Any traffic infringements incurred during the loan period are
the responsibility of the Nominated Driver. Any ancillary costs associated with redeeming the prize,
including but not limited to, travel to and from the dealership in Mascot, petrol as required are the
responsibility of the winner.
17. Spending money, meals, taxes insurance, transfers, items of a personal nature, in-room charges and all
other ancillary costs are not included. During the entire duration of the prize, a nominated parent/guardian
must accompany any person under 18 years of age. Prize is subject to the standard terms and conditions
of individual prize and service providers. The winner may be required to present their credit card at time
of accommodation check in.
18. 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.
19. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner
does not, once the prize has been booked, take the prize (or an element of the prize) at the time
stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for
cash.
20. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to
substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
21. Total prize pool value is up to AUD$2500.00
22. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken
as cash, unless otherwise specified.
23. Entrants agree that they are fully responsible for any materials they submit via the promotion including
but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in
any way for such Content to the full extent permitted by law. The Promoter may remove or decline to
publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful 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, not suitable for children aged
under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that
appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in
the Content to the uses contemplated by these Terms and Conditions, and the Content does
not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that
they have the full authority to grant these rights; and
(f) 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.
24. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of
the above terms.
25. As a condition of entering this promotion, each entrant 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 entry (which shall
include Content) for any purpose, including but not limited to future promotional, marketing or
publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
26. 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.
27. 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) to
modify, suspend, terminate or cancel the promotion, as appropriate.
28. Any cost associated with accessing the Land Rover Australia competition page is the entrant’s
responsibility and is dependent on the Internet service provider used.
29. 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.
30. 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: (a)
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to
that stated in these Terms and Conditions; (e) any tax liability incurred by the winner or entrant;
or (f) taking/use of and/or participation in the prize.
31. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for
this purpose, disclose such PI to third parties, including but not limited to agents, contractors,
service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will
also use and handle PI as set out in its Privacy Policy, which can
be viewed at http://www.landrover.com.au/privacy-policy.html. In addition to any use that may
be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless
otherwise advised, use the PI for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy
also contains information about how entrants may opt out, access, update or correct their PI, how
entrants may complain about a breach of the Australian Privacy Principles or any other applicable
law and how those complaints will be dealt with. All entries become the property of the Promoter.
The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
32. The promoter is Jaguar Land Rover Australia Pty Ltd (ABN 86 004 352 238) Level 1/189 O'Riordan St,
Mascot NSW 2020, telephone (02) 9020 1425 (“Promoter”).
ANNEXURE A
Below are the JLR Vehicle Loan Agreement terms and conditions as of 1 June 2021.Final agreed by
‘the winner’ at JLR vehicle collection Level 1/189 O'Riordan St, Mascot NSW 2020 shall apply.
Operative Provisions
I. JLRA has agreed to lend the Vehicle to the Borrower from the Loan Commencement Date to the Loan
Return Date for the Loan Purpose.
II. If the Borrower is not a natural person, the Custodian agrees to be the personal representative of the
User and guarantees the performance by the Borrower of its obligations under this Loan Agreement.
III. If the borrower is not self-insured or an employee of Jaguar Land Rover Australia, the excess for any
damage is $1500.
IV. The borrower is liable for all tolls and fines incurred whilst in possession of the vehicle.
V. The Borrower, if a natural person, and the Custodian must meet the following driving qualifications:
a. be 25 years old or over;
b. hold a current unrestricted Australian driver's licence or equivalent overseas license which
permits that person to lawfully drive the Vehicle in the relevant Australian jurisdiction (for the
avoidance of doubt, probationary licences are not permissible); and
c. be approved by JLRA as the Custodian of the Vehicle.
VI. The Borrower, Custodian and each Third Party ("Authorised Driver") must:
a. drive the Vehicle at all times in a safe and responsible manner in accordance with all
applicable road traffic laws and regulations;
b. take good care of the Vehicle and keep it in the same condition as received from JLRA, except
for normal wear and tear. [A Vehicle return condition standard is attached. ] The User shall
regularly check oil and water levels, condition of tyres, and ensure that maintenance is carried
out in accordance with the owner's manual;
c. report any accident or damage to the Vehicle to JLRA immediately via the JLRA Vehicle
Damage Report , and the User shall comply with any reasonable procedure for the Vehicle's
repair and, in particular, permit no repairs until they are authorised by JLRA. All repairs and
servicing must be carried out by a franchised JLRA dealer or a JLRA Approved Repairer;
d. ensure that when left unattended, the Vehicle will be locked, its keys removed, alarm,
activated, the steering column lock applied, and all reasonable precautions taken to protect
the Vehicle from theft or damage;
e. only use the correct fuel indicated for the Vehicle; bear the cost of fuel used, and must return
the vehicle to JLRA with a minimum of a quarter tank of fuel;
f. ensure the Vehicle is not used unlawfully, illegally or for any immoral purpose or so as to
invalidate the insurance, including ensuring that no-one drives the Vehicle under the influence
of alcohol or drugs;
g. promptly notify and furnish JLRA with every demand, notice, summons, process and pleading
received in every suit, action or claim arising out of the Loan of the Vehicle and shall cooperate
with JLRA and the insurer in defending the same;
h. be responsible for the payment of any and all tolls, fines, infringement notices, charges or
penalties arising from the use of the Vehicle during the Loan. Upon receipt of the relevant
notification from the party or authority requesting payment JLRA may, by exception, in order
to avoid escalation and penalties resulting from late payment, make payment. This payment
is made by JLRA without prejudice to the User's obligation to pay congestion and toll charges,
fines and penalties and the User remains fully responsible for promptly refunding JLRA the
full value of all amounts paid by JLRA in respect of the fine, charge or penalty;
i. ensure that the Vehicle is clean and presentable at all times whilst the vehicle is on
public display;
i. notify JLRA monthly of the odometer reading of the Vehicle;
j. must only drive the Vehicle within the operating limits specified by JLRA in the Vehicle's
manual, including towing limits, and must observe all manufacturer's specifications and limits
for off-road use, including [tilt angles and wading depths
k. not permit any lien or charge to be created over the Vehicle nor permit anything to happen
which is inconsistent with JLRA's ownership of the Vehicle
VII. Each Authorised Driver must not:
a. use the Vehicle for hire, ride sharing business or reward, rallying, organised motor sport, track,
circuit (including off-road circuits, tracks or facility) or be taken outside the Australia during
the period of the Loan, except with JLRA's prior written consent:
b. disengage any active safety features on the vehicle unless previously approved in writing by
JLRA
c. permit any Vehicle modification unless previously approved in writing by JLRA
d. smoke nor allow anyone else to smoke in the Vehicle
e. negligently, wilfully or maliciously damage the Vehicle
f. modify the Vehicle in any way;
g. without the prior written consent of JLR add any accessory, change any JLRA branding or
add any different branding
VIII. JLRA accepts no responsibility for loss/damage to the property of the Borrower, Custodian, Authorise
User or any other person, whether situated in the Vehicle or elsewhere, howsoever caused.
IX. The Borrower or Custodian must on the earlier of the expiry or termination of this loan agreement
return the Vehicle to the Vehicle Return Location it in the same condition as received from JLRA,
except for normal wear and tear. [A Vehicle return condition standard is attached .] If the Borrower or
Custodian does not return the Vehicle to the Vehicle Return Location on the day that the Borrower's
right to possession ends, JLRA may charge to the Borrower the sum of $[250.00] per day as a preestimate of damages until the Vehicle is returned to the Vehicle Collection Location. For the avoidance
of doubt, the obligation to pay this fee does not confer upon the Borrower any right to retain possession
of the Vehicle and is without prejudice to JLRA's rights to claim damages for breach of contract.
X. Subject to any express provision to the contrary contained in any applicable Ambassador Agreement
or Sponsorship Agreement, JLRA may at any time terminate this Loan Agreement by giving written
notice of termination to the Borrower, at which time the Borrower must forthwith return the Vehicle to
the Vehicle Return Location at the Borrower's cost.
XI. The Borrower and the Custodian agree that they shall indemnify and forever hold JLRA harmless from
any loss, damage, expense, injury, claim or other liability that JLRA suffers or incurs which is caused
or contributed to by:
a. intentionally caused damage, neglect, reckless or wilful act or omission by any Authorised
Driver or other person driving the Vehicle during the term of this agreement; and
b. any breach of the terms of this agreement.
XII. If the Borrower is required to insure the Vehicle:
a. the Borrower and the Custodian must place a comprehensive insurance policy for the full
retail price of the Vehicle (including any accessories and all dealer delivery fees, registration
fees and taxes) naming JLRA as the beneficiary of the insurance policy;
b. the Borrower and the Custodian must not:
c. permit to drive the Vehicle any person not authorised under the insurance policy; or
1. do any act or omission that may cause the insurer to decline a claim or
invalidate the insurance policy;
2. if the Vehicle is damaged, the Borrower authorises JLRA to conduct the claim
in lieu of the Borrower and to exercise all rights that the Borrower may have
under the policy.
XIII. If the Borrower is not required to insure the Vehicle, and the Vehicle is damaged in circumstances
where clause 9 does not apply the Borrower may at JLRA's discretion, must pay to JLRA the cost of
the repairs to that damage, up to a maximum of the Amount of Excess specified in the Details.
XIV. Special Conditions for Corporate Agreement
XV. Despite any other provision of this agreement, for Corporate Agreement and Experiential Agreement
only, the Borrower and the Custodian may jointly permit other persons ("Third Party") to drive the
Vehicle provided they:
a. provide evidence to JLRA that the Third Party meets the Driver Qualifications;
b. provide a copy of the Driver's Licence of the Third Party to JLRA before giving the Third Party
custody of the Vehicle;
c. notify the Third Party of the terms and conditions of this Vehicle Loan Conditions;
d. at all times ensure that the Third Party complies with the terms and conditions of this Vehicle
Loan Conditions; and record a log of each driver of the Vehicle that includes the date, driver's
name, time of commencement of driving and time of ceasing of driving. If no log is kept, then
JLRA reserves the right to nominate the Custodian as the person driving the Vehicle if JLRA
receives and infringement notice with respect to the Vehicle during the term.
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in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years and over who are available to travel to
Thredbo NSW on and between one (and only) of the following dates 20-22nd August 2021 / 3-
5th September 2021 / 10-12th September / 18-19th September 2021 to participate in the prize (if
selected as the winner). In the event the winner is aged between 18 and 24 years of age, the
winner acknowledges that they must take the prize with a nominated companion aged 25 years
or older.
3. Employees (and their immediate families) of the Promoter and agencies associated with this
promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse,
de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent,
grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or 1st cousin.
4. Promotion commences at 12:01am AEST on 12/06/2021 and ends at 11:59pm AEST on
02/07/2021 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
a) Visit the competition page https://cloud.e.infojaguarlandrover.com/Land-Rover-Thredbo
b) input the requested details into the entry form as prompted (including their full name, a
valid email address, phone and postcode);
c) answer the promotional question in 25 words or less “What your dream Defender
Adventure Weekend away is?” (“Competition Question”); and then
d) submit the fully completed entry form.
6. Each entrant warrants to the Promoter that any content submitted in their entry is an original
creative work of the entrant that does not infringe the rights of any third party. Entries that contain
prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will
not be eligible to win.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry per person is permitted.
9. 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
will 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.
10. Incomplete or indecipherable entries will be deemed invalid.
11. 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.
12. This is a game of skill and chance plays no part in determining the winner. Each entry will be
individually judged based on the originality, literary merit and creative merit of the answer submitted
and how well it encapsulates the Competition Question. The judges may select additional reserve
entries, which they determine to be the next best, and record them in order of merit, in case of an
invalid entry or ineligible entrant.
13. The winner will be notified by email or telephone given via the competition form. The winner will be
announced on 09/07/2021.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The best entry from all valid entries received, as determined by the judges, will win a weekend
away to Thredbo, NSW for two (2) people including the use of a 2021 Land Rover Defender. Prize
is valued at up to $2,500 depending on dates of stay and includes the following:
• The use of a 2021 Land Rover Defender;
• two (2) nights twin share accommodation staying at the The Alpine Hotel Thredbo;
• Lift passes for two days and equipment for 2 people.
16. The prize is available to be redeemed on the following dates: 20-22nd August 2021 / 3-5th September
2021 / 10-12th September / 18-19th September 2021. As per clause 2 above, if the winner is aged
between 18 and 24 years of age, they must take a person aged 25 years or over as their nominated
companion who has a valid Australian drivers license (“Nominated Driver”). The winner or Nominated
Driver will be required to pick up the 2021 Land Rover Defender from Mascot, NSW, prior to the weekend
away, and will be responsible for making their own way to and from Thredbo, NSW (with the 2021 Land
Rover Defender). Any costs associated with getting to and from Mascot, NSW to pick up and/or drop of
the vehicle are not included. The Promoter will provide the winner with one (1) full tank of fuel, any
additional fuel costs are not included. The use of the 2021 Land Rover Defender is subject to Land Rover
standard terms and conditions in relation to test drives and similar arrangements, details of such
agreement are listed below in Annexure A. It is a condition of accepting the prize that the winner or
Nominated Driver signs any such document Land Rover may require prior to accepting the prize
(including but not limited to a deed of release and indemnity). The Nominated Driver must have a current
valid driver’s license issued in an Australian State or Territory (learners and provisional license not
accepted) and meet any age requirements. Any traffic infringements incurred during the loan period are
the responsibility of the Nominated Driver. Any ancillary costs associated with redeeming the prize,
including but not limited to, travel to and from the dealership in Mascot, petrol as required are the
responsibility of the winner.
17. Spending money, meals, taxes insurance, transfers, items of a personal nature, in-room charges and all
other ancillary costs are not included. During the entire duration of the prize, a nominated parent/guardian
must accompany any person under 18 years of age. Prize is subject to the standard terms and conditions
of individual prize and service providers. The winner may be required to present their credit card at time
of accommodation check in.
18. 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.
19. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner
does not, once the prize has been booked, take the prize (or an element of the prize) at the time
stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for
cash.
20. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to
substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
21. Total prize pool value is up to AUD$2500.00
22. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken
as cash, unless otherwise specified.
23. Entrants agree that they are fully responsible for any materials they submit via the promotion including
but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in
any way for such Content to the full extent permitted by law. The Promoter may remove or decline to
publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful 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, not suitable for children aged
under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that
appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in
the Content to the uses contemplated by these Terms and Conditions, and the Content does
not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that
they have the full authority to grant these rights; and
(f) 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.
24. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of
the above terms.
25. As a condition of entering this promotion, each entrant 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 entry (which shall
include Content) for any purpose, including but not limited to future promotional, marketing or
publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
26. 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.
27. 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) to
modify, suspend, terminate or cancel the promotion, as appropriate.
28. Any cost associated with accessing the Land Rover Australia competition page is the entrant’s
responsibility and is dependent on the Internet service provider used.
29. 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.
30. 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: (a)
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to
that stated in these Terms and Conditions; (e) any tax liability incurred by the winner or entrant;
or (f) taking/use of and/or participation in the prize.
31. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for
this purpose, disclose such PI to third parties, including but not limited to agents, contractors,
service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will
also use and handle PI as set out in its Privacy Policy, which can
be viewed at http://www.landrover.com.au/privacy-policy.html. In addition to any use that may
be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless
otherwise advised, use the PI for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy
also contains information about how entrants may opt out, access, update or correct their PI, how
entrants may complain about a breach of the Australian Privacy Principles or any other applicable
law and how those complaints will be dealt with. All entries become the property of the Promoter.
The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
32. The promoter is Jaguar Land Rover Australia Pty Ltd (ABN 86 004 352 238) Level 1/189 O'Riordan St,
Mascot NSW 2020, telephone (02) 9020 1425 (“Promoter”).
ANNEXURE A
Below are the JLR Vehicle Loan Agreement terms and conditions as of 1 June 2021.Final agreed by
‘the winner’ at JLR vehicle collection Level 1/189 O'Riordan St, Mascot NSW 2020 shall apply.
Operative Provisions
I. JLRA has agreed to lend the Vehicle to the Borrower from the Loan Commencement Date to the Loan
Return Date for the Loan Purpose.
II. If the Borrower is not a natural person, the Custodian agrees to be the personal representative of the
User and guarantees the performance by the Borrower of its obligations under this Loan Agreement.
III. If the borrower is not self-insured or an employee of Jaguar Land Rover Australia, the excess for any
damage is $1500.
IV. The borrower is liable for all tolls and fines incurred whilst in possession of the vehicle.
V. The Borrower, if a natural person, and the Custodian must meet the following driving qualifications:
a. be 25 years old or over;
b. hold a current unrestricted Australian driver's licence or equivalent overseas license which
permits that person to lawfully drive the Vehicle in the relevant Australian jurisdiction (for the
avoidance of doubt, probationary licences are not permissible); and
c. be approved by JLRA as the Custodian of the Vehicle.
VI. The Borrower, Custodian and each Third Party ("Authorised Driver") must:
a. drive the Vehicle at all times in a safe and responsible manner in accordance with all
applicable road traffic laws and regulations;
b. take good care of the Vehicle and keep it in the same condition as received from JLRA, except
for normal wear and tear. [A Vehicle return condition standard is attached. ] The User shall
regularly check oil and water levels, condition of tyres, and ensure that maintenance is carried
out in accordance with the owner's manual;
c. report any accident or damage to the Vehicle to JLRA immediately via the JLRA Vehicle
Damage Report , and the User shall comply with any reasonable procedure for the Vehicle's
repair and, in particular, permit no repairs until they are authorised by JLRA. All repairs and
servicing must be carried out by a franchised JLRA dealer or a JLRA Approved Repairer;
d. ensure that when left unattended, the Vehicle will be locked, its keys removed, alarm,
activated, the steering column lock applied, and all reasonable precautions taken to protect
the Vehicle from theft or damage;
e. only use the correct fuel indicated for the Vehicle; bear the cost of fuel used, and must return
the vehicle to JLRA with a minimum of a quarter tank of fuel;
f. ensure the Vehicle is not used unlawfully, illegally or for any immoral purpose or so as to
invalidate the insurance, including ensuring that no-one drives the Vehicle under the influence
of alcohol or drugs;
g. promptly notify and furnish JLRA with every demand, notice, summons, process and pleading
received in every suit, action or claim arising out of the Loan of the Vehicle and shall cooperate
with JLRA and the insurer in defending the same;
h. be responsible for the payment of any and all tolls, fines, infringement notices, charges or
penalties arising from the use of the Vehicle during the Loan. Upon receipt of the relevant
notification from the party or authority requesting payment JLRA may, by exception, in order
to avoid escalation and penalties resulting from late payment, make payment. This payment
is made by JLRA without prejudice to the User's obligation to pay congestion and toll charges,
fines and penalties and the User remains fully responsible for promptly refunding JLRA the
full value of all amounts paid by JLRA in respect of the fine, charge or penalty;
i. ensure that the Vehicle is clean and presentable at all times whilst the vehicle is on
public display;
i. notify JLRA monthly of the odometer reading of the Vehicle;
j. must only drive the Vehicle within the operating limits specified by JLRA in the Vehicle's
manual, including towing limits, and must observe all manufacturer's specifications and limits
for off-road use, including [tilt angles and wading depths
k. not permit any lien or charge to be created over the Vehicle nor permit anything to happen
which is inconsistent with JLRA's ownership of the Vehicle
VII. Each Authorised Driver must not:
a. use the Vehicle for hire, ride sharing business or reward, rallying, organised motor sport, track,
circuit (including off-road circuits, tracks or facility) or be taken outside the Australia during
the period of the Loan, except with JLRA's prior written consent:
b. disengage any active safety features on the vehicle unless previously approved in writing by
JLRA
c. permit any Vehicle modification unless previously approved in writing by JLRA
d. smoke nor allow anyone else to smoke in the Vehicle
e. negligently, wilfully or maliciously damage the Vehicle
f. modify the Vehicle in any way;
g. without the prior written consent of JLR add any accessory, change any JLRA branding or
add any different branding
VIII. JLRA accepts no responsibility for loss/damage to the property of the Borrower, Custodian, Authorise
User or any other person, whether situated in the Vehicle or elsewhere, howsoever caused.
IX. The Borrower or Custodian must on the earlier of the expiry or termination of this loan agreement
return the Vehicle to the Vehicle Return Location it in the same condition as received from JLRA,
except for normal wear and tear. [A Vehicle return condition standard is attached .] If the Borrower or
Custodian does not return the Vehicle to the Vehicle Return Location on the day that the Borrower's
right to possession ends, JLRA may charge to the Borrower the sum of $[250.00] per day as a preestimate of damages until the Vehicle is returned to the Vehicle Collection Location. For the avoidance
of doubt, the obligation to pay this fee does not confer upon the Borrower any right to retain possession
of the Vehicle and is without prejudice to JLRA's rights to claim damages for breach of contract.
X. Subject to any express provision to the contrary contained in any applicable Ambassador Agreement
or Sponsorship Agreement, JLRA may at any time terminate this Loan Agreement by giving written
notice of termination to the Borrower, at which time the Borrower must forthwith return the Vehicle to
the Vehicle Return Location at the Borrower's cost.
XI. The Borrower and the Custodian agree that they shall indemnify and forever hold JLRA harmless from
any loss, damage, expense, injury, claim or other liability that JLRA suffers or incurs which is caused
or contributed to by:
a. intentionally caused damage, neglect, reckless or wilful act or omission by any Authorised
Driver or other person driving the Vehicle during the term of this agreement; and
b. any breach of the terms of this agreement.
XII. If the Borrower is required to insure the Vehicle:
a. the Borrower and the Custodian must place a comprehensive insurance policy for the full
retail price of the Vehicle (including any accessories and all dealer delivery fees, registration
fees and taxes) naming JLRA as the beneficiary of the insurance policy;
b. the Borrower and the Custodian must not:
c. permit to drive the Vehicle any person not authorised under the insurance policy; or
1. do any act or omission that may cause the insurer to decline a claim or
invalidate the insurance policy;
2. if the Vehicle is damaged, the Borrower authorises JLRA to conduct the claim
in lieu of the Borrower and to exercise all rights that the Borrower may have
under the policy.
XIII. If the Borrower is not required to insure the Vehicle, and the Vehicle is damaged in circumstances
where clause 9 does not apply the Borrower may at JLRA's discretion, must pay to JLRA the cost of
the repairs to that damage, up to a maximum of the Amount of Excess specified in the Details.
XIV. Special Conditions for Corporate Agreement
XV. Despite any other provision of this agreement, for Corporate Agreement and Experiential Agreement
only, the Borrower and the Custodian may jointly permit other persons ("Third Party") to drive the
Vehicle provided they:
a. provide evidence to JLRA that the Third Party meets the Driver Qualifications;
b. provide a copy of the Driver's Licence of the Third Party to JLRA before giving the Third Party
custody of the Vehicle;
c. notify the Third Party of the terms and conditions of this Vehicle Loan Conditions;
d. at all times ensure that the Third Party complies with the terms and conditions of this Vehicle
Loan Conditions; and record a log of each driver of the Vehicle that includes the date, driver's
name, time of commencement of driving and time of ceasing of driving. If no log is kept, then
JLRA reserves the right to nominate the Custodian as the person driving the Vehicle if JLRA
receives and infringement notice with respect to the Vehicle during the term.
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