Terms and Conditions "Snap. Share. Win." Competition

PROMOTION OUTLINE

TERMS & CONDITIONS SCHEDULE

1. These terms and the Promotion Outline together form the "Conditions of Entry" for this Promotion. Capitalised terms have the meaning given in the Promotion Outline unless otherwise stated. If there is any inconsistency between these terms and the Promotion Outline, the Promotion Outline prevails. By submitting an Entry, you agree to these Conditions of Entry.

2. The Promoter is Chery Motor Australia Pty Ltd (ACN 662 958 205) trading as Jaecoo Motor Australia ("Promoter", "we", "us"). Any updates to these Conditions of Entry will be made available on the Promoter's website, and the Promoter will take reasonable steps to notify entrants of any substantial change to the Promotion.

3. Entry is open to Australian residents aged 18 years or over at the time of entry who hold a public Instagram account. The following persons are ineligible to enter: (a) any person involved in conducting the Promotion, including determining the winner; (b) any person involved in the management of any business benefiting from the Promotion; and (c) the directors, management, employees, officers, agents and contractors of the Promoter, of any authorised Jaecoo Motor Australia dealer, and of any agency, supplier or company associated with this Promotion, and their immediate families (spouse, partner, parent, grandparent, child (natural or adopted) and sibling).

4. To enter, you must complete the Entry Procedure set out in the Promotion Outline during the Period. Entry is free and no entry or other fee is charged to participate. You are responsible for any costs you incur in accessing the entry mechanism (for example, internet or mobile data charges).

5. Your Instagram account must be set to public for the duration of the Period and up to the draw, and your post must include both the hashtag #JAECOOWANDERERS and a tag of @omodajaecooau, so that the Promoter can identify your Entry. Entries posted from private accounts, or which omit the hashtag or the tag, will not be captured and will not be eligible. You may submit more than one Entry, provided each Entry is a genuine, separate and original photo. We will not accept Entries that are incomplete or generated by computers or other automated means. We reserve the right to verify the validity of any Entry and to disqualify any Entry that, in our reasonable opinion, does not comply with these Conditions of Entry or tampers with or interferes with the entry mechanism.

6. This is a game of chance. Skill plays no part in determining the winner. All valid Entries received during the Period will be compiled and one (1) Entry will be selected at random, by electronic random draw, at the date, time and place stated in the Promotion Outline. The draw will be conducted under independent supervision. The entrant who submitted the drawn Entry, subject to verification of eligibility, will be the winner.

7. This Promotion is a trade promotion gaming activity (a game of chance) conducted in New South Wales and regulated by the Community Gaming Act 2018 (NSW) and the Community Gaming Regulation 2020 (NSW). Under regulation 14, an authority is required only where the total value of all prizes exceeds $10,000.00. The total prize pool for this Promotion is $1,000.00, which does not exceed that threshold, and accordingly no NSW trade promotion gaming authority is required. 

8. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or Meta Platforms, Inc. ("Meta"). By entering, you acknowledge that you are providing your information to the Promoter and not to Meta, that any questions, comments or complaints regarding the Promotion must be directed to the Promoter and not to Meta, and you release Meta from all liability in connection with this Promotion. You must also comply with Instagram's terms of use.

9. You are responsible for the content of your Entry, which must be your original work. Your Entry must not contain any content that: (a) features the image, likeness or voice of another person without their consent (and the consent of a parent or guardian for any person under 18); (b) is unlawful, misleading, deceptive, defamatory, obscene, threatening, offensive, discriminatory, indecent, or otherwise objectionable, or that violates any person's privacy or publicity rights; or (c) infringes the intellectual property rights of any person, including any third-party music, branding or imagery. The Promoter reserves the right, in its absolute discretion, to reject, remove or refuse to consider any Entry that it considers inappropriate, offensive, defamatory or otherwise inconsistent with the Promoter's brand values, or that does not comply with these Conditions of Entry.

10. You retain ownership of your Entry. By submitting an Entry, you grant the Promoter a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence to use, reproduce, edit, adapt, publish, communicate and sub-licence your Entry (including the photo and your social media handle) for purposes connected with this Promotion and the Promoter's and Western Sydney Wanderers' marketing and promotional activities, in any media, without further compensation. You consent to any act or omission that would otherwise infringe your moral rights in the Entry. You warrant that: (i) your Entry is your original work and you own or are authorised to grant the rights in it; (ii) you have obtained all necessary consents from any identifiable person appearing in the Entry; and (iii) use of your Entry by the Promoter will not infringe any third party's rights.

11. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth). The Promoter collects personal information to conduct this Promotion and may disclose it to third parties (including agents, service providers, the gift card issuer and the Western Sydney Wanderers) for that purpose and related purposes. Entry is conditional on providing this information. Subject to your consent where required, the Promoter may use your information for marketing and promotional purposes, including sending electronic communications about Jaecoo Motor Australia products and services; you may opt out at any time via the unsubscribe facility in any communication. Personal information is handled in accordance with the Promoter's Privacy Policy at https://www.omodajaecoo.com.au/privacy-policy.Requests to access, correct or opt out should be directed to the Promoter.

12. The Prize consists of one (1) $500 gift card issued via GiftPay and one (1) signed Western Sydney Wanderers jersey. The Prize: (a) as to the gift card, is issued and delivered electronically by GiftPay and is subject to the terms, conditions, redemption options and expiry period of GiftPay and the relevant participating retailer(s). The Promoter is not the issuer of the gift card and is not responsible for the acts or omissions of the issuer or any participating retailer; (b) as to the jersey, is provided as-is. The signature is not accompanied by any authentication or certification unless expressly provided, and no representation is made as to the resale value of the item; (c) is not transferable, exchangeable or redeemable for cash (except as the gift card itself allows); and (d) if any element is unavailable for reasons beyond the Promoter's reasonable control, may be substituted with a prize of equal or greater value, subject to any applicable legal requirements.

13. Prize values are accurate as at the start of the Period. The winner is responsible for any tax liability associated with the Prize.

14. The winner will be notified and announced in the manner and on the date stated in the Promotion Outline. The winner must respond and provide any details reasonably required to deliver the Prize (which may include proof of age, identity and residency, and a postal address for the jersey) by the Prize Claim Date. The Promoter may require the winner to sign a declaration and release before the Prize is awarded.

15. The Promoter will redetermine the winner in any of the following circumstances: (a) the drawn entrant is found to be ineligible or their Entry is invalid; (b) the drawn entrant cannot be contacted after the Promoter has taken reasonable steps to do so; (c) the drawn entrant declines the Prize; or (d) the Prize is not claimed by the Prize Claim Date. In any of those circumstances, the Promoter will conduct a redraw from the remaining valid Entries, in the same manner as the original draw, at the date, time and place stated in the Promotion Outline (or such other date as the Promoter notifies). Any redraw winner will be notified and announced in the same manner as the original winner. If there is no winner, or a winner cannot be found, the Promoter will publish that fact on its Instagram account and/or website.

16. The winner agrees to participate in reasonable promotional activity in connection with the Prize. Where the Promoter wishes to use the winner's name, image or Entry for publicity purposes, the winner's separate written consent will be obtained. Subject to that consent, the winner's first name, Instagram handle and/or suburb and state may be published on the Promoter's website and social channels for up to twelve (12) months from the date of the draw, to the extent permitted by law.

17. Any dispute concerning the conduct of this Promotion, the determination of the winner, or the claiming of the Prize must be submitted in writing to the Promoter at marketing@omodajaecoo.com.au within fourteen (14) days of the event giving rise to the dispute. The Promoter will consider the dispute and respond in writing within a reasonable time, and will act reasonably and in good faith in seeking to resolve it. Nothing in this clause limits any right an entrant has to make a complaint to NSW Fair Trading or to pursue any remedy available at law.

18. To the extent permitted by law, the Promoter will not be liable for any loss or damage (including direct or consequential loss) or personal injury suffered or sustained in connection with this Promotion or the Prize. In particular, the Promoter is not responsible for any loss that: (a) was not reasonably foreseeable; (b) was not caused by the Promoter's breach of these Conditions of Entry or its negligence; (c) is a business loss (such as lost data, lost profits or business interruption) or a loss suffered by a non-consumer; (d) was caused by factors reasonably outside the Promoter's control (such as faults in third-party equipment); or (e) was caused or contributed to by an entrant's breach of these Conditions of Entry or an entrant's negligence. Nothing in these Conditions of Entry limits any rights you have under the Australian Consumer Law that cannot be excluded.

19. The Promoter accepts no responsibility for any problem or technical malfunction of any communication network, or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Entries, claims or correspondence, whether due to error, omission, tampering, deletion, theft, transmission interruption, communications failure or otherwise. If this Promotion cannot run as planned for reasons beyond the Promoter's reasonable control (including infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud or technical failure), the Promoter reserves the right, subject to any applicable law, to cancel, suspend, modify or terminate the Promotion, and to notify entrants of any substantial change. All decisions the Promoter makes regarding any aspect of the Promotion are final.

20. These Conditions of Entry are governed by the laws of New South Wales.