1 - General Competition Rules
1.1 - Brad Jones Racing Pty Ltd (henceforth Brad Jones Racing and incorporating Freightliner Racing and Team CoolDrive) may conduct competitions pursuant to which prizes of property or money are made available to eligible persons (as set out in clause 3.1) ("Brad Jones Racing Competition").
1.2 - These rules say who is eligible to enter a Brad Jones Racing Competition, how prizes will be awarded and how they may be claimed ("General Competition Rules"). In addition to the General Competition Rules, other specific terms and conditions may also apply to particular Brad Jones Racing competitions ("Specific Competition Rules").
1.3 - To the extent that there is an inconsistency between the General Competition Rules and the Specific Competition Rules, the General Competition Rules prevail.
1.4 - A person who enters a Brad Jones Racing Competition agrees to be bound by: (a) the General Competition Rules; and (b) the Specific Competition Rules.
2 - Conduct of Competitions
2.1 - At all times a Brad Jones Racing Competition will be conducted by Brad Jones Racing in its absolute discretion (including, without limitation, decisions in relation to who may enter and who has won a prize in a Brad Jones Racing Competition). A decision of Brad Jones Racing is binding and conclusive and will not be challenged on the grounds that Brad Jones Racing failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. A decision of Brad Jones Racing will not be challengeable even if it can be demonstrated that Brad Jones Racing made a decision which was wrong, based on a factual error or an irrelevant or irrational consideration. It is not the policy of Brad Jones Racing to enter into negotiations with any person who challenges a decision of Brad Jones Racing.
3 - Eligibility
3.1 - Any person may enter a Brad Jones Racing Competition, except for the following: (a) an employee, officer, servant, agent or associate (as defined in section 9 of the Corporations Act) of Brad Jones Racing, or of its related bodies corporate (as defined in section 9 of the Corporations Act); (c) a direct family member of a person referred to in paragraph (b) above (and for this purpose a direct family member is taken to include a spouse, parent, child or sibling of that person); (d) a person who is not ordinarily or usually resident in Australia; (e) a person who has refused to provide all or any of the Personal Information (as defined in clause 4.10) requested by Brad Jones Racing, in the absolute discretion of Brad Jones Racing.
4- Competition Entries
4.1 - Brad Jones Racing may in its absolute discretion accept entries in a Brad Jones Racing Competition by any of the following means: (a) Social media; (b) Website; (c) any other means, and using any technology, that Brad Jones Racing (in its absolute discretion) thinks fit.
4.2 - Brad Jones Racing may prescribe the means by which it will accept entries in a particular Brad Jones Racing Competition in any Specific Competition Rules applicable to that Brad Jones Racing Competition. Brad Jones Racing is under no obligation to accept entries by any or all of the means described in clause 4.1. The fact that Brad Jones Racing has accepted one or some entries by one of the means described in clause 4.1 does not mean that it is required to do the same in relation to other entries.
4.3 - Brad Jones Racing may publicise, or otherwise disclose the name, character, likeness, statements or any recording of the voice of a person who enters a Brad Jones Racing Competition in advertising or promotional activities concerning a Brad Jones Racing Competition, or for any other purpose. Brad Jones Racing may promote or advertise that a winner has won a prize in a Brad Jones Racing Competition in any form and in any medium it thinks fit.
4.4 - A person who enters a Brad Jones Racing Competition releases from and indemnifies Brad Jones Racing from and against, all liability, cost, loss or expense arising out of acceptance of any prize or participation in any Brad Jones Racing Competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
5 - Prizes
5.1 - Prizes in a Brad Jones Racing Competition will be awarded in the absolute discretion of Brad Jones Racing. For the avoidance of doubt, a decision in relation to a prize in a Brad Jones Racing Competition is subject to clause 2.
5.2 - It is a condition to claiming a prize in a Brad Jones Racing Competition that the person claiming the prize: (a) is eligible to enter Brad Jones Racing Competition to which the prize relates under clause 3.1; (b) is announced by Brad Jones Racing as the winner of that prize (c) demonstrates to the satisfaction of Brad Jones Racing that he or she is the winner of the prize (for example, by producing photo-identification, such as driver's licence or passport); (d) is not prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner; and (e) has complied with any request made by Brad Jones Racing under the General Competition or any Specific Competition Rules which apply to that Brad Jones Racing Competition.
5.3 - For the purpose of clause 5.2(d) if it is a requirement of law that a person be of a minimum age to be able to lawful use or otherwise enjoy the prize in question, the person claiming the prize must demonstrate to the satisfaction of Brad Jones Racing that he or she is at least the age required by law for that purpose (eg, by drivers' licence, passport or other means) and may be required by Brad Jones Racing to sign a declaration to that effect. Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, Brad Jones Racing may, in its absolute discretion, award the prize to the winner's lawful parent or guardian.
5.4 - All prizes must be collected within 3 months of the date on which the prize was won. After that time, unclaimed prizes will be dealt with according to legislative requirements. Brad Jones Racing is under no obligation to notify a winner in person of the fact that he or she has won a prize or of the amount of time he or she has to collect the prize. At all times, it is the sole responsibility of the winner to collect his or her prize.
5.5 - All prizes may be claimed in person at Brad Jones Racing or delivered to the winner by post or courier. However, no responsibility will be accepted by Brad Jones Racing for the safe and effective delivery of the prize. The winner accepts all risk in relation to the safe and timely delivery of the prize. All prizes must be collected within 3 months.
5.7 - Subject to acceptance by Brad Jones Racing in its absolute discretion, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the winner and produce photo identification which demonstrates to the satisfaction of Brad Jones Racing that he or she is the winner's representative.
5.8 - In the event that a winner fails to collect a prize within the prescribed time limit or chooses not to accept a prize, that person irrevocably relinquishes all right, title or interest in the prize. All claims to that prize will be dealt with by Brad Jones Racing in its absolute discretion. For the purpose of clauses 3.1 a person described in this clause 5.8 will be deemed to have won a prize in a Brad Jones Racing Competition on the day it is announced (i) notwithstanding their failure collect it.
5.9 - If requested to do so by Brad Jones Racing, the winner of a prize under a Brad Jones Racing Competition must: (a) sign a copy of the General Competition Rules and any Specific Competition Rules; and (b) sign a form declaring that he or she has received and accepted the prize; and (c) execute a Deed of Release and Indemnity in the form prescribed by Brad Jones Racing releasing and indemnifying Brad Jones Racing in respect of any liability of Brad Jones Racing in connection with the Brad Jones Racing Competition under which he or she has won the prize and any liability in connection with the acceptance, use and enjoyment of the prize.
5.10 - Nothing in clause 5.9(a) or (b) affects the time on which the person who has entered the Brad Jones Racing Competition is taken to have agreed to be bound by the General Competition Rules or the Specific Competition Rules.
5.11 - If the winner of a prize is a minor (ie under the age of 18 years) on the date he or she wishes to collect the prize, that person must be accompanied by a parent or guardian. Both the winner and the parent or guardian may be required to: (a) sign a copy of the General Competition Rules and any Specific Competition Rules as an indication of their acknowledgment and understanding of them; (b) produce photo-identification to establish their identities to the satisfaction of Brad Jones Racing; and (c) execute a Deed of Release and Indemnity in a form prescribed by Brad Jones Racing in respect of any liability of Brad Jones Racing in connection with the Brad Jones Racing Competition for which the minor was awarded the prize and any liability in connection with the acceptance, use and enjoyment of the prize by the minor or any other person.
5.12 - Any prizes won in a Brad Jones Racing Competition are not transferable and must not be redeemed for cash. In applicable cases, the prize must be used on the dates specified and in the manner directed by Brad Jones Racing.
5.13 - All prizes are accepted entirely at the risk of the winner, and Brad Jones Racing excludes all warranties in connection with any prize (including representations as to merchantability and fitness for purposes) to the extent permitted by law.
5.14 - Brad Jones Racing, its officers, employees, servants, agents, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or for any claims, liability, loss or damage (whether foreseeable or not) arising out of or in connection with any Brad Jones Racing Competition, whether caused by the negligence of any of the aforementioned or not.
5.15 - If a specified prize becomes unavailable, Brad Jones Racing may substitute a replacement prize in its absolute discretion. If the prize involves the winner meeting or attending a function with a celebrity or other figure, Brad Jones Racing accepts no responsibility or and shall not be liable because of the failure of the winner to meet that person for whatever reason.
5.16 - Unless otherwise specified, the class of travel for any travel prize incorporating an airfare is economy class.
5.17 - If a person who has entered a Brad Jones Racing Competition wins a prize in a Brad Jones Racing Competition, that person is responsible for any and all taxes payable as a result of a prize being awarded or received.
6 - General
6.1 - Brad Jones Racing may enforce the General Competition Rules and any Specific Competition Rules in its absolute discretion. If Brad Jones Racing in its discretion decides not to enforce the General Competition Rules or any Specific Competition Rules it will not give rise to any claim by any person.
6.2 - Brad Jones Racing reserves the right to regard itself as bound by the General Competition Rules and any Specific Competition Rules as it sees fit and in its absolute discretion.
6.3 - Brad Jones Racing may extend the time for, vary or terminate any Brad Jones Racing Competition at any time in its absolute discretion. In the event of such termination, Brad Jones Racing may in its absolute discretion elect not to award any prize in respect of the terminated Brad Jones Racing Competition.
6.4 - These General Competition Rules and any Specific Competition Rules may be varied by Brad Jones Racing at any time. Brad Jones Racing accepts no responsibility for and will not be liable because of any reliance placed on the General Competition Rules or any Specific Competition Rules before they were varied.
7 - Interpretation
7.1 - Unless the contrary intention appears, a reference in this agreement to: (a) (variations or replacement) a document (including this agreement) includes any variation or replacement of it; (b) (clauses, annexures and schedules) a clause, annexure or schedule is a reference to a clause in or annexure or schedule to this agreement; (c) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (d) (law) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them); (e) (singular includes plural) the singular includes the plural and vice versa; (f) (person) except where the context requires otherwise, the word "person" includes a natural person, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency, and includes the person's executors, administrators, successors, substitutes (including persons taking by notation) and assigns; and (g) (dollars) Australian dollars, dollars, A$ or $ is a reference to the lawful currency of Australia; (h) (calculation of time) if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; (i) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; (j) (meaning not limited) the words "include", "including", "for example" or "such as" are not used as, nor are they to be interpreted as, words of limitation; and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and (k) (Corporations Act) for the avoidance of doubt, a reference to the Corporations Act is a reference to the Corporations Act 2001 (Cth).
8 - Jurisdiction and Choice of Law
8.1 - While the contents of the website may be accessed outside Australia it is not directed to or intended to have an effect in any other place. 8.2 - The General Terms and Conditions and any Specific Terms and Conditions are to be construed according to the laws applicable to New South Wales. A person who enters a Brad Jones Racing Competition irrevocably agrees and submits to the exclusive jurisdiction of the courts of New South Wales.