TERMS AND CONDITIONS

"MODE 4X4 ACCESSORIES - CANOPY GIVEAWAY" PROMOTION TERMS AND CONDITIONS

Promotion

Mode 4x4 Accessories – Canopy Giveaway

Promoter

1. The promoter Is Mode 4x4 Accessories trading under Zone RV Pty Ltd ABN 30 608 771 697 (“the Promoter”). The Promoter’s address is 85 – 91 Quanda rd, Coolum Beach, QLD 4573

General

1. Information on how to enter and the Prizes form part of these Terms and Conditions. Entry into this competition is deemed acceptance of these Terms and Conditions.

2. To the extent of any inconsistency between these terms and conditions and any other reference to this competition, these terms and conditions shall prevail.

Who can enter

1. Entry is open to all Australian’s residents aged 18 years or over, subject to fulfilling the requirements set out in clauses below (“Eligible Entrants”)

2. Employees (and their immediate families) of the promoter and entities associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1^st

3. Entry is subject to all state’s laws and regulations. Entrants should ensure that their entry into the competition is not prohibited by the state or territory in which they reside.

Open, Close, Draw and Publish dates.

1. The competition opens on September 4^th, 8 am 2023, and closes at 1pm AEST 30^th October (“promotional period”).

2. Entries must be received by the promoter prior to the competition close date and time.

3. The winner will be drawn on the 3^rd of November.

4. The promoter will ensure that each entrant has a fair chance of winning the prize.

5. The winner will be announced on the 6^th November on all social media platforms used in the promotion including @mode4x4accessories, @zonerv, mode4x4accessories.com.au

How to enter

1. To enter, eligible entrants must, during the promotional period, visit

   1. mode4x4accessories.com.au/giveaway

   2. Follow the prompts to the promotion entry page and input the requested details into the online entry form; and

   3. Submit the fully completed online entry form.

2. Only one entry is permitted per person which consists of filling out the form on the entry page

3. Entrants can increase their chance of winning by completing further tasks prompted to them after submitting a form which earn them points to make their entry more likely to win.

4. 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 competition. Errors and omissions will be addressed by the Promoter in its sole 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.

5. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine whether the entrant will be allowed to continue participating in the Promotion.

6. By submitting an entry into this competition, entrants’ consent to receive promotional and other marketing messages from the Promoter and Participating Partners (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter or Participating Partner. Opting out during the period of the competition will remove the entrant’s entry into the competition.

Prize Details

1. The winner will win a Mode 4x4 Accessories canopy and Accessories package ("Prize"), as itemised in the schedule. Total Prize values is $23,442.22 (Including GST)

2. The total number of competition winners in this competition is one (1)

3. The winner must claim their prize and confirm their contact details by return email within 1 month of the date of notification.

4. The prize will be available for fitment within 30 days of the date of claim. The canopy is designed to suit specific makes and models within our current range of product offerings, including Toyota (Hilux, Landcruiser 79), Isuzu (D-Max), Ford (Ranger), and Mazda (BT50). The winner must ensure compatibility with their vehicle and arrange for fitting through a Mode 4x4 Accessories Dealer.

5. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash.

6. The total Prize value and the RRP value of the Prize items contained in Schedule are based upon the recommended retail prices at the time of printing, inclusive of GST. Neither the Promoter nor the Participating Partners accept responsibility for any change in the Prize value.

7. The Prize will be a new canopy that has not been fitted to a vehicle previously.

8. Any images canopies shown in promotional purposes are not the canopy that will be won. These images are only used for promotional purposes.

Unclaimed Prize

1. The Promoter will make every reasonable effort to identify and notify the winner to ensure that the winner receives their Prize.

2. In the event the Prize is not claimed within 1 months of the draw, the Promoter will conduct a second draw. The winner of the second draw will be announced on www.mode4x4accessories.com.au/giveaway , Instagram, (and other social media platforms) and notified by email within two business days of the draw.

3. In the event of a redraw, this will take place from the Promoter’s address 85 – 91 Quanda Rd, Coolum Beach, QLD, 4573 via a random selection. The redraw will take place on the 30^th The winner of the second draw will be announced on www.mode4x4accessories.com.au/giveaway , Instagram, (and other social media platforms) and notified by email within two business days of the draw.

Special Conditions

1. The winner of the Mode 4x4 Accessories canopy ("Winner") must ensure that their vehicle model is compatible with the fitment kit provided by the promoter.

2. The Winner acknowledges that the fitment of the canopy to the vehicle is their responsibility.

3. This includes covering the costs associated with the fitment of the canopy and any expenses related to the removal of existing vehicle accessories, such as canopies, trays, service bodies, or tubs.

4. Additionally, the Winner is responsible for arranging the removal of any existing vehicle accessories, if applicable, at no further cost to the Promoter and participating Partners.

5. Upon receiving the canopy, the Winner will be provided with a Mode canopy warranty from the day of delivery.

6. The Promoter and participating partners will not be responsible for any fitment costs, removal costs, or associated expenses incurred by the Winner.

Further Terms & Conditions

1. In the event an entrant was not an Eligible Entrant at the time of entry into the competition (as determined by the Promotor in its sole and absolute discretion), the entrant will have all entries invalidated, any claim to the Prize will be invalidated, and any delivered Prize must be immediately returned to the Promotor. The Promoter reserves the right to request whatever documentation it deems necessary to make such determination. An entrant must provide any requested documentation to the Promoter upon request.

2. The Promoter reserves the right to request winners to provide proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim the Prize. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.

3. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be the winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.

Publicity

1. Entrants consent to the Promoter and Participating Partners using their name, likeness, image and/or voice in the event they win the Prize (including any photographs, film recording and/or voice 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 or Participating Partners.

Tampering with the Promotion

1. 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) to disqualify any entrant or to modify, suspend, terminate or cancel the promotion, as appropriate. 

Cost Of Entering Promotion

1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

Limitation of Liability

1. 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”).

2. 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 a winner or entrant; or (f) use of the Prize.

3. The Promoter and the Participating Partners do not give any guarantees, warranties, advice or representations other than any express warranties provided with the items comprising the Prize, as provided in the Promoter and Participating Partners’ ordinary course of business and warranties implied by law which cannot be lawfully excluded.

4. To the extent permitted by law, the winner takes the prize on an “as is” basis, and Promoter and Participating Partnersmake no representations or warranties that are not expressly stated in these terms. The winner acknowledges that Promoter and Participating Partners will not be responsible for any costs associated with making the prize compliant with any laws. Given prize includes custom modifications, the winner acknowledges that replacement parts may not be available in the future. The winner acknowledges that the Promoter and Participating Partners will not be responsible for any costs associated with any costs of maintenance, operation or any other costs that are not expressly stated in these terms. 

5. The Promoter and Participating Partnersnot liable for any damages incurred to the Prize (or part thereof) after delivery. Winners will have 24 hours to bring any issues or imperfections forward to the Promoter for review regarding prizes before they are deemed to have been accepted the prize in the condition it arrived. 

6. The recipient acknowledges that installing any after-market accessories on the prize could potentially affect the manufacturer’s warranty and accepts that the Promoter and/ or Participating Partners are not liable for all claims arising for the addition of aftermarket accessories to the prize, to the extent permitted by law, excluding any express warranties forming part of these terms & conditions.

7. As a condition of accepting the Prize, the winner must sign any legal documentation as and, in the form, required by the Promoter and/or Participating Partners in their absolute discretion, including but not limited to any legal release and indemnity form.

Privacy

1. All entries will become the property of the Promoter. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including its contractors, agents, Participating Partners and, as required, to Australian authorities. The Promoter may also use entrants’ PI for any promotional, marketing and publicity purposes of the Promoter. 

2. Entrants acknowledge and agree that their PI will be given to Participating Partners. Participating Partners may use entrants’ PI for any promotional, marketing and publicity purposes of the Participating Partner, and entrants may receive email marketing communications or other communications from those Participating Partners.

3. The entrants may at any time “unsubscribe” in accordance with the Spam Act. The Privacy Policy, and relevant Privacy Policies of Participating Partners, also contain 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. 

Termination of Promotion

1. The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without liability to any entrant or other person, subject to applicable laws.

Governing Law

1. The laws of Queensland, Australia govern these terms and conditions.

2. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.

 Schedule