GENERAL
LMCT+ (ABN 93 627 297 474) of level 9, 440 Collins
Street, Melbourne, VIC 3000,(hereinafter referred to as ‘We’ or ‘Us’ or
‘Our’), is conducting a trade promotion by way of a lucky draw
(hereinafter referred to interchangeably as the ‘Contest’ or 'Giveaway')
for individuals (hereinafter referred to as ‘Participant’ or
‘Participants’ or ‘Members’ or ‘Entrants ’or ‘Them’ or ‘You’ or ‘Your’).
THE CONTEST
1.
The Contest commences at 12.00am AEST on the 11th of November 2021 and
concludes at 03:00 am AEST on the 12th of November 2021.
2. The
Giveaway event, at which the winners for prizes will be drawn, will be
conducted at Level 9, 440 Collins Street, Melbourne, and will be
streamed live via our Facebook and Instagram pages on the 15th of
November 2021 commencing at 7.00pm AEDT.
3. Information on how to
enter and prizes form part of the terms of entry. Entry into the Contest
is deemed acceptance of these terms and conditions.
4. If there is
any inconsistency between these Terms and Conditions and anything else
that refers to this competition, these Terms and Conditions will
prevail.
ELIGIBILITY
5. Entry is open to all Australian
Residents except employees and immediate families of LMCT+ and their
associated companies and agencies. Entry is subject to all state laws
and regulations and is void were prohibited. In certain jurisdictions
state laws may restrict or prohibit the award or delivery of certain
prizes within that state. Entrants from states that may restrict
delivery can collect the prize from LMCT headquarters in Melbourne if
this does not conflict with those state laws. Immediate family includes
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,
step sister or first cousin.
6. Participants shall be allowed to enter the Contest via official links provided by the website and social media platforms, IF:
a) Participants agree to comply with the Terms and Conditions; and
b) Participants purchase the package from the official links.
c) Participants are subscription loyalty members of LMCT+ rewards club.
ENTRY TO THE
CONTEST
7.
We are giving away our LMCT+ Toyota LC70 as a promotion of the LMCT+
brand and our partners. In order to be eligible for the Contest,
participants are required to purchase a package which is a once only
payment via the official links which shall automatically place them in
the Contest. Details of the packages can be found on the official
website www.lmctplus.com. The Participants will have to purchase either a Bronze, Silver, Gold or Platinum package via www.lmctplus.com. or links via our social media platforms which will automatically place you in the draw.
THE PRIZES
9. The total prize pool is worth $113,500.00
a.
FIRST PRIZE: LMCT+ Toyota LC70 valued at $110,000AUD, includes on road
costs and shipping to the winner. The prize does not include any ctp or
insurances.
b. SECOND PRIZE: $2,500 AUD credit to spend with our partners; and
c. THIRD PRIZE: $1,000 AUD credit to spend with our partners.
10. The Winners of each of the 3 prizes will be announced live at 7:00pm on the 15th of November via a Barrel Draw.
11.
The announcement of winners will also be broadcast live on all our
social media platforms. The Winners shall also be contacted via phone
and email immediately at 7:00pm on the 15th of November 2021 after the
announcement.
12. Winners will be published online on the 15th of
November 2021 via our social media platforms, Facebook and Instagram,
and published on our website at www.lmctplus.com.
13.
The LMCT+ Toyota LC70 will be handed over by our team to the Winner
within 15business days after the draw. Times may vary as a result of
state covid lock downs and restrictions.
14. If the prize is
unclaimed after a 3-month period of the initial draw, the prize will
then be redrawn and a new winner announced on the 15th of February 2022
at 7.00pm AEDT our social media platforms, Facebook and Instagram, and
published on our website at www.lmctplus.com.
QUERIES
15.
The Participant shall be entitled to contact us at
support@lmctplus.com. All communications in relation to the Contest must
be made via support@lmctplus.com or via our customer support number 1300
683 688.
REPRESENTATIONS AND WARRANTIES OF LMCT+
16. LMCT+ warrants the following:
a. All vehicles involved in the Contest to be given away as a promotional prize are the property of LMCT+.
b. The purpose of this promotion is to bring awareness to the LMCT+ brand.
c. LMCT+neither sells raffle tickets nor any tickets specifically to win these prizes.
d.
These prizes are strictly a promotional giveaway, which can be won by
any person that purchases a package via our website or any official
link, thereby becoming a Customer of LMCT+, or are an ongoing
subscription loyalty member of the LMCT+rewards club.
e. Entries to
the Contest are only provided as a promotional prize to Members or
Customers of LMCT+ and cannot be purchased and will not be sold
separately.
f. LMCT+ entirely funds all of their promotions. Everything associated with this promotion is funded by LMCT+.
g.
LMCT+ will be supporting the LMCT+ Little Legends Foundation on their
own accord by donating 5% for every package purchased after expenses.
LMCT+ pays for all the prizes and modifications of the vehicles.
h. The donation will be made by LMCT+ to the LMCT+ Little Legends Foundation within 48 hours of the winner being announced.
i.
LMCT+ subscription loyalty members accumulate an extra entry into every
draw for every month that a successful payment is debited.
j. If an
LMCT+ subscription loyalty members payment fails it will retry 5 times
which after repeat failures the subscription will be suspended.
k. If a LMCT+ subscribed loyalty member cancels their account they forfeit all entries if they have not already been generated.
MEMBERSHIP TERMS
17. Memberships purchased through the LMCT+ Packages grants members access to the rewards platform for a time period.
18. Memberships also include discounts to our official merchandise store.
19.
Memberships to our club also include invitations and access to official
LMCT+ Events Australia wide ( membership must be active at time of
event and proof must be provided)
20. Time access to the platform can be compounded upon the purchase of multiple packages.
21. The period of time members are granted access to the platform is
Bronze - 7 days
Silver - 28 days
Gold - 186 days
Platinum - 365 days
22. Customers can access the platform after the time has expired except, they’ll not be able to utilise the discount services
REFUNDS, RETURNS, EXCHANGES
23.
Your purchase of a membership to our rewards platform supports charity
and enters you to win amazing giveaways. Memberships purchased during a
giveaway are non-refundable.Our goods and services come with guarantees
that cannot be excluded under Australian Consumer Law. For major
failures you are entitled to cancel your service contract with us; and a
refund for the unused portion or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major
failures with goods.If a failure with the goods or a service does not
amount to a major failure, you are entitled to have the failure
rectified in a reasonable time. If this is not done, you are entitled to
a refund for the goods and to cancel the contract for the service.
Refunds or rectifications cannot be given for reasons such as change of
mind or failure to properly understand this promotional T&C or the
LMCT+ platform T&C.
REPRESENTATION AND WARRANTIES OF THE PARTICIPANT
24.
The Participant represents and warrants that it shall not contact any
affiliate, employee,sponsor or partner of LMCT+ in order to manipulate
the Contest results.
DISCLAIMER
25. By becoming a Member or Customer of LMCT+ the Participant agrees to enter the Contest and Agrees that:
a.
Any and all disputes, claims and causes of action arising out of or in
connection with the Contest and the promotional prizes shall be resolved
individually without any form of class action;
b. Any claims
judgments and awards shall be limited to actual out of pocket costs
incurred in entering the Contest, but under no circumstances will LMCT+
be responsible for any legal fees;
c. Participants hereby waive all
rights to claim punitive, incidental or consequential damage and any
rights to have damages multiplied or otherwise increased and any other
damages, other than damages for actual out of pocket expenses incurred
in entering the Contest.
d. In no event will LMCT+, their licensees,
parents, affiliates, subsidiaries and related companies, their
advertising or promotional agencies or their respective
officers,directors, employees, representatives and agents, be
responsible or liable for any damages or losses of any kind, including
direct, indirect, incidental, consequential or punitive damages arising
from access to, or use of, this website, electronic or computer
malfunctions, or entrant participation in this contest, even if LMCT+
was advised of the possibility of such damages.
e. LMCT+ reserves the
right to disqualify any Participant found to be tampering with or other
wise abusing any aspect of this Contest as solely determined by LMCT+.
f.
In the event the Contest is compromised by non-authorised human
intervention, tampering or other causes beyond the reasonable control of
LMCT+, that corrupt or impair the administration, security, fairness or
proper operation of the Contest,LMCT+ reserves the right to suspend,
modify or terminate the Contest.
g. Any attempt by a Participant to
deliberately damage the website or undermine the legitimate operation of
this Contest is a violation of criminal and civil laws, and should such
an attempt be made, LMCT+ reserves the right to seek damages from any
such Participant to the fullest extent permitted by Law.
h. LMCT+
assumes no responsibility for any problems or technical malfunction of
computer systems, servers, software, internet service provider, or
e-mail systems,failure of any entry to be received on account of
technical problems or incomplete,late, lost, damaged, illegible or
misdirected electronic communications, or any combination thereof.
i.
The Contest is void where prohibited or restricted by law, the
administration,security, fairness or proper operation of the Contest,
LMCT+ reserves the right to suspend, modify or terminate the Contest.
j.
Any attempt by a Participant to deliberately damage the website or
undermine the legitimate operation of this contest is a violation of
criminal and civil laws, and should such an attempt be made, LMCT+
reserves the right to seek damages from any such Participant to the
fullest extent permitted by Law.
k. LMCT+ assumes no responsibility
for any problems or technical malfunction of computer systems, servers,
software, internet service provider, or e-mail systems,failure of any
entry to be received on account of technical problems or
incomplete,late, lost, damaged, illegible or misdirected electronic
communications, or any combination thereof.
l. The Contest is void where
prohibited or restricted by law.
COPYRIGHT, STATUTORY
GUARANTEES, WAIVER AND LIABILITY
26.
In consideration for LMCT+ awarding the prize to the winner, the winner
hereby permits the winner’s submission, image and/or voice, as
recorded, photographed or filmed during the winner’s participation
in/with the prize to appear in advertising or marketing thereof, in any
media whatsoever throughout the world and the winner will not be
entitled to any fee for such use.
27. In the case of the intervention
of any outside act, agent or event which prevents or significantly
hinders the ability of LMCT+ to proceed with the competition on the
dates and in the manner described in these terms and conditions,
including but not limited to vandalism, power failures, tempests,
natural disasters, acts of God, civil unrest, strike,war, act of
terrorism, LMCT+ may in its absolute discretion cancel the competition
and recommence it from the start on the same conditions, subject to any
directions given under State Regulation.
28. LMCT+ does not exclude
any rights and remedies in respect of goods or services under the
Australian Consumer Law in the Competition and Consumer Act (2010)
(Australian Consumer Law) which cannot be excluded, restricted or
modified. However, the remainder of this clause will apply to the
fullest extent permitted by law and LMCT+ shall not be liable for any
loss or damage whatsoever which is suffered (including but not limited
to indirect or consequential loss) or for any personal injury suffered
or sustained in connection with the prize except for any liability which
cannot be excluded by law.
29. LMCT+ is not responsible for any
incorrect or inaccurate information, either caused by entrant or for any
of the equipment or programming associated with or utilised in this
competition, or for any technical error, or any combination thereof that
may occur in the course of the administration of this competition
including any omission, interruption,deletion, defect, delay in
operation or transmission, communications line or telephone,mobile or
satellite network failure, theft or destruction or unauthorised access
to or alteration of entries.
30. LMCT+ reserves the right in its sole
discretion to disqualify any individual who it has reason to believe
has breached any of these conditions, or engaged in any unlawful or
other improper misconduct calculated to jeopardise the fair and proper
conduct of the promotion. The legal rights of LMCT+ to recover damages
or other compensation from such an offender are reserved.
31. All
entries become the property of LMCT+. LMCT+ collects personal
information about you for the purposes of conducting this promotion. Any
disclosure of such information will be made as required by law and in
accordance with these terms and conditions but no further use of this
information will be made without prior consent.
32. All entries
become the property of LMCT+. All entries will be entered into a
database and it may use the entrant’s names and email address for future
promotional marketing purposes without notice and without any fee being
paid unless otherwise advised by the entrant. By entering this
competition, entrants confirm that they allow their details to be used
for this purpose. If entrants no longer consent to their details being
used for future marketing purposes, the entrant should contact LMCT+ on
their details set out in Condition 15. Any request to update, modify or
delete the entrant’s details should be directed to LMCT+.
33. LMCT+
collects information about you, including for example your name and
email address which you provide when entering the competition. We
collect and use that information to provide you with our goods and
services and to promote and improve our goods and services. We may use
your information as described when we collect information from you. If
you do not provide us with requested information we may not be able to
provide you with the goods and services you require. Where you have
entered a competition, we may disclose your personal information to
authorities if you are a prizewinner or otherwise as required by law. To
request access to, or to update, personal information LMCT+ holds about
you, entrants can contact the office of LMCT+ by the methods described
in Condition 15.
NSW License number TP/00040
ACT License number TP 21/01908