Breakout Boss

TERMS AND CONDITIONS

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.

2. The Promoter is Harley-Davidson Australia Pty Limited (ABN 83 098 483 259) of 1 Sirius Road, Lane Cove NSW 2066 (Postal Address: PO Box 133, North Ryde NSW 1670).

3. Entry is only open to individuals who meet the Eligibility Requirements and comply with the entry instructions described in these Terms and Conditions. Employees (and their immediate families) of the Promoter, participating dealers and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: 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 1st cousin.

4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and to disqualify any entrant who submits an entry that is fraudulent or not otherwise in accordance with these Terms and Conditions or any relevant law, or who tampers with the entry process. Each entrant consents to the Promoter exercising its rights under this clause by their entry into the Promotion.

5. Incomplete, indecipherable, or illegible entries may be deemed invalid.

6. Only one (1) entry permitted per motorcycle to be considered for entry.

7. 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.

8. Promotion starts at 9.00am on 5^th September 2022 and ends at 6.00pm Sydney local time on 17^th March 2023.

9. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the pre-selected judging panel. The judges’ decision is final and no correspondence will be entered into.

10. There will be one single prize related to this competition. The best entries, as determined by the judges, will win the Breakout Boss prize.

11. The final round entries will be judged at the Promoter’s premises at 1 Sirius Road, Lane Cove West, NSW 2066 on 17^th March 2023 by a panel of judges according to the judging criteria in clause 9. At this time, the panel will choose the winning entrant. The winners will be notified by telephone, email and/or mail within 5 days of the judging.

12. The Promoter will make all reasonable efforts to contact the winners. However, if the Promoter has not been able to contact a winner after making three attempts or by 31^st March 2023, whichever is later, the prize will be forfeited by that person. Any forfeited prizes will be withdrawn unawarded.

13. The prize comprises of:

1. Unique Breakout Boss plaque
2. Unique Breakout Boss fuel tank
3. $2,500 Harley-Davidson GM Voucher

14. All taxes (excluding GST) which may be payable as a consequence of receiving the prize are the sole responsibility of the prize winners.

15. Prizes will be sent to a winner’s mailing address by the Promoter. Prize winners will be notified of any delays.

16. If the prize (or any 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 of equal or similar value and/or specification. Winners will not be entitled to any additional compensation in the event the prize or element of a prize has been substituted at equal or greater value.

17. The prize, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash.

18. 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, 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.

19. The prize winners have rights under the Australian Consumer Law and other similar legislation which cannot be excluded or limited by the Promoter. These rights include statutory guarantees that any goods provided by the Promoter will be of acceptable quality and fit for purpose, and that any services provided by the Promoter will be rendered with due care and skill. These Terms and Conditions do not, and do not intend to, exclude or limit those statutory rights in any way. However, to the extent that it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, under laws other than the Australian Consumer Law regarding the quality or suitability of the prize awarded as part of this Promotion and will not be responsible for breach of any such representations or warranties.

20. The Promoter (including its officers, employees and agents) will not be responsible for any:
    a. personal injury;
    b. loss or damage (including loss of opportunity, profits, goodwill or business revenues, and any other special, indirect or consequential losses), arising in any way out of the Promotion including, but not limited to, injury, loss or damage which arises as a result of any of the following:

1. any technical difficulties or equipment malfunction due to any reason beyond the reasonable control of the Promoter;
2. electronic or human error which may occur in the administration of the Promotion or the processing of entries which is beyond the reasonable control of the Promoter;
3. any theft, unauthorised access or third party interference which impacts on the conduct of the Promotion and is beyond the reasonable control of the Promoter;
4. any entry or prize claim that is late, lost, stolen, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
5. any variation in the prize to that stated in these Terms and Conditions;
6. any tax liability incurred by a winner or entrant; or
7. use of a prize,

except to the extent that such injury, loss or damage is due to the negligence or willful misconduct of the Promoter, or otherwise cannot be excluded by law as referred to in clause 20 above.

21. The Promoter collects entrants’ personal information in order to conduct the Promotion and for promotional, marketing, publicity, research and profiling purposes. Entry is conditional on providing this information. By entering this Promotion, unless otherwise advised, each entrant agrees that the Promoter may:
22. use the entrant’s personal information to conduct the Promotion in accordance with these Terms and Conditions and for promotional, marketing, publicity, research and profiling purposes, including to send electronic messages to or telephone the entrant; and
23. disclose the entrant’s personal information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers, for the purpose of conducting the Promotion.

Entrants may access the personal information the Promoter holds about them, and should direct any request to access, update or correct information to the Promoter at its address set out in clause 2 of these Terms and Conditions. Entrants can obtain a copy of the Promoter’s Privacy Policy at www.harley-davidson.com or by contacting the Promoter via the postal address provided in clause 2 above. All entries become the property of the Promoter.

22. Entrants confirm and promise that their answer to the Promotion question is written by them and original, and does not infringe the intellectual property rights of any third party.

23. Participation in the Promotion constitutes a prize-winner’s consent to the Promoter’s use of the prize-winner’s name, likeness and opinions (including without limitation footage of the winner’s receipt and use of the prize) on the Promoter’s website or otherwise for promotional, marketing and publicity purposes without any fee being paid by the Promoter. The prize winner further agrees to the Promoter reproducing and publishing his/her response to the Promotion question in its original form or in a modified form and without attributing him/her as its author for promotional, marketing, publicity and internal reporting purposes. The prize winner agrees to sign any further documentation required by the Promoter to give effect to this arrangement, as a precondition to being awarded the prize.

24. Any cancellation or modification to the Promotion will be notified on the Promoter’s website – biketorques.com.au/breakoutboss. A copy of these Terms and Conditions and prize details can also be obtained from that site.

25. If part or all of any clause of these Terms and Conditions is unenforceable, it will be severed, and the balance of these Terms and Conditions will remain in full force and effect.

26. These Terms and Conditions are governed by the laws of New South Wales and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of that state.

27. The Promoter’s or an entrant’s failure to enforce any term of these Terms and Conditions will not restrict the relevant party from enforcing that or any other provision at a later time.