TERMS AND CONDITIONS

PROMOTION NAME:
Australia's Most Powerful Tradie Competition

SAFETY MESSAGE:
IMPORTANT SAFETY MESSAGE FROM NISSAN AUSTRALIA: Nissan Australia is concerned with the safety of all Australians, including everyone who is affected by the running of this Promotion. While we can't control the decisions made by individuals, we do ensure that safety is our first priority at all times during the running of this Promotion. Nissan Australia will not accept any unsafe practices that places at risk, by the conduct of undertakings by prospective entrants of this competition or any other persons participating in the activity of entering into this competition, the health, safety and welfare of any employees, persons or member of the public. To win this Promotion, you will need to make sure your 'power move' is as safe as possible, while obviously being as fun and creative as your imagination allows!

PERMIT NUMBERS:
No permits are required as the method of determining the winner does not involve any element of chance (i.e. this is a "game of skill")

PROMOTER:
The promoter is Nissan Motor Co. (Australia) Pty Ltd (ABN 54 004 663 156) of 260-284 Frankston Dandenong Road, Dandenong South, Victoria 3175

WEBSITE:
www.powerfultradie.com

PHONE NUMBER:
Text 'power' to 19 799 799

PROMOTION REGISTRATION/ENTRY DATES AND TIMES:
Entries for this promotion open at 00:01 AEST on 18/07/10 and close at 23:59 AEST on 31/08/10 ("Entry Period"). All entries must be received by the Promoter before 23:59 AEST on 31/08/10

TERMS AND CONDITIONS

  1. The promoter is Nissan Motor Co. (Australia) Pty Ltd (ABN 54 004 663 156) of 260-284 Frankston Dandenong Road, Dandenong South, Victoria 3175.
  2. Information on how to enter, prizes, and other details contained within promotional advertisements form part of these terms and conditions. Entry into the competition shall be deemed an acknowledgement and acceptance of these terms and conditions.
  3. Entries not made in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
  4. Entry is open to Australian residents aged 18 years of age or older. Employees of the Promoter, employees of the Promoter's franchises and the Promoter's suppliers and agencies associated with this Promotion and their immediate families are ineligible to enter.
  5. Entries for this promotion open at 00:01 AEST on 18/07/10 and close at 23:59 AEST on 31/08/10 ("Entry Period"). All entries must be received by the Promoter before 23:59 AEST on 31/08/10.
  6. The Promoter reserves the right to vary the Entry Period and to accept entries made within the Entry Period at its sole discretion.
  7. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, inaudible or incomprehensible entries will be deemed invalid. Entrants can only enter in their own name. The use of automatic entry software or similar devices is prohibited.
  8. To enter this promotion, a person must enter via either the online entry mechanism at www.powerfultradie.com or text entry mechanism by texting 'POWER' to 19 799 799 and:
    1. submit a completed entry form ("Entry Form"); and
    2. upload either a digital video file showing that person performing a 'power move' a digital still image file showing that person performing a 'power move' (both "Entry File").
    3. Entry Files must be in accordance with all file parameters specified by the Promoter from time to time, including parameters relating to file format, file size and video duration. Parameters:

      1. image formats accepted: jpg, jpeg, gif, bmp, png, tif
      2. video formats accepted: mov, avi, flv, mp4, mpeg, 3gp, 3gpp
      3. Max file size accepted: 5mb
      4. No limit to length of video, as long as it complies with the file size
    4. Any Entry Files which, in the opinion of the Promoter include, show, describe or depict any:

      1. dangerous or potentially unsafe acts or circumstances (including without limitation acts or circumstances in respect of which there could be any associated risk of physical or mental injury or harm to any person);
      2. acts or circumstances which do offend or might be capable of offending any laws of the Commonwealth of Australia or any State or Territory (including without limitation any laws in respect of occupational health and safety);
      3. obscene, vulgar, scandalous, malicious, pornographic or denigrating material; or
      4. acts, circumstances or material which is otherwise not in the spirit of the Promotion,
    will be deemed invalid at the sole discretion of the Promoter.
  9. Any costs associated with accessing the Website are the entrant's responsibility.
  10. All messages from the Phone Number are at no charge to recipients. SMS messages to the Phone Number cost 55 cents each. MMS messages to the Phone Number cost up to a maximum of 30 cents each (depending on data/file size). For help in relation to the Phone Number contact 1300 035 035.
  11. There is no limit on the number of times a person can enter this Promotion
  12. Entry Files must be in accordance with all file parameters specified by the Promoter from time to time, including parameters relating to file format, file size and video duration.
  13. Incomplete Entry Forms will be deemed invalid. Incomplete, inaudible or incomprehensible Entry Files will be deemed invalid. Any costs associated with accessing the www.powerfultradie.com are the user's responsibility.
  14. The judging will take place at Nissan Motor Co. (Australia) Pty Ltd, 260-284 Frankston Dandenong Rd, Dandenong South, Victoria 3175 at 12:00 AEST on 08/09/10. Judging will be conducted by a panel consisting of members of the Promoter's personnel and/or the Promoter's nominees ("Panel"). The Panel will determine the winner by judging which Entry File is the most relevant, creative and humorous representation of a 'power move'. Entry Files will not be judged if the 'power move' is deemed to be (at the sole discretion of Promoter) foreseeable as an unsafe practice or conduct.
  15. All determinations of the Promoter and the Panel are final and no discussions or correspondence will be entered into.
  16. The winner will be notified by telephone and in writing by 12:00 AEST on 15/09/10. Details of the winner will be published in 'The Australian' on 27/09/10.
  17. The winner will win 1 Nissan Navara ST-X Dual Cab turbo-diesel automatic valued at $57,600 (including GST). The prize includes the vehicle, dealer delivery, metallic paint charges, 3 year/100,000 km Nissan New Vehicle Warranty and on road costs. The colour of the vehicle will be at the discretion of the Promoter and subject to availability. The winner will be contacted by a representative of the Promoter to collect the prize from the winner's nearest Nissan dealership.
  18. Prizes are not transferable, exchangeable or redeemable for cash. Prize values are in Australian dollars and are the recommended retail value as provided by the Promotor and are correct at time of printing. The Promoter accepts no responsibility for any variation in the value of the prize. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any applicable State or Territory regulation. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality, suitability, or merchantability of the prize. The Promoter will make all reasonable efforts to deliver the prize to the winner by 29/10/10
  19. If the prize for this promotion remains unclaimed as at 12:00 AEST on 29/12/10, the Promoter may conduct a further judging as is necessary in order to distribute the prize on 05/01/11. The winner will be notified by telephone and writing by 12:00 AEST on 12/01/2011. Details of the winner will be published in 'The Australian' on 24/01/11.
  20. 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 proof of purchase). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.
  21. The Promoter and its associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit. Once a prize has left the Promoter's premises, the Promoter will not be responsible for any delay or failure to deliver, or damage caused to the prize during transit.
  22. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in its absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize.
  23. The Promoter 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 this promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  24. 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, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel this promotion, as appropriate.
  25. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) 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 this promotion, including, but not limited to, where arising out of the following: any technical difficulties or equipment malfunction (whether or not under the Promoter's control); any theft, unauthorised access or third party interference; 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; any variation in prize value to that stated in these terms and conditions; any tax liability incurred by the winner or entrant; any prize(s); or participation in or use of any prize.
  26. The Promoter's decision in relation to any aspect of the competition is final and binding on every person who enters and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  27. The Promoter may require the winner(s) from this promotion to partake in media exposure, including but not limited to future promotional, marketing and publicity without any further reference, payment or other compensation.
  28. All Entry Files and details become the property of the Promoter. The Promoter may use the name and photograph of the prize winner(s) for promotional purposes without compensation, unless the prize winner(s) advises the Promoter otherwise when accepting the prize. By entering this promotion, unless the Promoter is otherwise advised, entrants consent to the Promoter using their personal information provided for facilitating this promotion, awarding prizes and for future promotional, marketing and publicity purposes, and disclosing that information to its related entities and contractors for those purposes. The winner(s) personal information may be disclosed to State and Territory lottery departments as required by law. By entering this promotion, unless the Promoter is otherwise advised, entrants consent to the Promoter sending future marketing materials to Entrants including by electronic messages. Entrants may ask the Promoter to access that personal information and request that corrections be made to it.
  29. A copy of the Promoter's privacy policy is available by calling (03) 9797 4111 or visiting www.nissan.com.au and following the relevant links. A request to access, update or correct any information should be specifically directed to the Promoter at 260-284 Frankston Dandenong Road, Dandenong South, Victoria 3175.