Isuzu Customer Experience Monthly Promotion (Jan-Dec 2023)
TERMS AND CONDITIONS
1. The promoter is Isuzu Australia Limited (ABN 97 006 962 572) of 66 Foundation Road, Truganina, Victoria 3029.
2. Information regarding prizes and how to enter forms part of these terms and conditions. By entering a monthly promotion, entrants accept these terms and conditions.
3. Entry is open to staff of Isuzu trade customers who receive a letter, email or telephone call invitation from the promoter inviting them to enter a monthly promotion. Employees of the promoter and their immediate families and the suppliers and agencies associated with this promotion are ineligible to enter.
4. To enter a promotion a person must do one of the following:
(a) Submit the completed electronic entry form using the secure unique link provided in their email or SMS invitation; or
(b) Orally confirm entry into the promotion by providing the promoter’s customer service operator who calls with all personal details and other information as requested.
5. Any entry that has not been fully completed (including non-completion of any question in the Sales and Delivery Experience Survey, Service Experience Survey, or Parts Sales Survey included in the online entry forms, or as asked by the promoter’s customer service telephone operator), or validly submitted, will be deemed invalid.
6. Each month throughout 2023 there is an individual draw up to the value of $2,000. These terms and conditions apply to each separate monthly draw.
(a) Entries for the first draw open at 12.01am AEST on 01 January 2023 and close at 11.59pm AEST on 31 January 2023. To be eligible for the first draw entries must be received by the promoter between 12.01am AEST on 01 January 2023 and 11.59pm AEST 31 January 2023.
(b) Entries for the second draw open at 12.01am AEST on 1 February 2023 and close at 11.59pm AEST on 29 February 2023. To be eligible for the second draw entries must be received by the promoter between 12.01am AEST on 01 February 2023 and 11.59pm AEDT on 29 February 2023.
(c) Entries for the third draw open at 12.01am AEST on 01 March 2023 and close at 11.59pm AEST on 31 March 2023. To be eligible for the third draw entries must be received by the promoter between 12.01am AEST on 01 March 2023 and 11.59pm AEST 31 March 2023.
(d) Entries for the fourth draw open at 12.01am AEST on 01 April 2023 and close at 11.59pm AEST on 30 April 2023. To be eligible for the fourth draw entries must be received by the promoter between 12.01am AEST on 01 April 2023 and 11.59pm AEST 30 April 2023.
(e) Entries for the fifth draw open at 12.01am AEST on 01 May 2023 and close at 11.59pm AEST on 31 May 2023. To be eligible for the fifth draw entries must be received by the promoter between 12.01am AEST on 01 May 2023 and 11.59pm AEST 31 May 2023.
(f) Entries for the sixth draw open at 12.01am AEST on 01 June 2023 and close at 11.59pm AEST on 30 June 2023. To be eligible for the sixth draw entries must be received by the promoter between 12.01am AEST on 01 June 2023 and 11.59pm AEST 30 June 2023.
(g) Entries for the seventh draw open at 12.01am AEST on 01 July 2023 and close at 11.59pm AEST on 31 July 2023. To be eligible for the seventh draw entries must be received by the promoter between 12.01am AEST on 01 July 2023 and 11.59pm AEST 31 July 2023.
(h) Entries for the eighth draw open at 12.01am AEST on 01 August 2023 and close at 11.59pm AEST on 31 August 2023. To be eligible for the eighth draw entries must be received by the promoter between 12.01am AEST on 01 August 2023 and 11.59pm AEST 31 August 2023.
(i) Entries for the ninth draw open at 12.01am AEST on 01 September 2023 and close at 11.59pm AEST on 30 September 2023. To be eligible for the ninth draw entries must be received by the promoter between 12.01am AEST on 01 September 2023 and 11.59pm AEST 30 September 2023.
(j) Entries for the tenth draw open at 12.01am AEST on 01 October 2023 and close at 11.59pm AEST on 31 October 2023. To be eligible for the tenth draw entries must be received by the promoter between 12.01am AEST on 01 October 2023 and 11.59pm AEST 31 October 2023.
(k) Entries for the eleventh draw open at 12.01am AEST on 01 November 2023 and close at 11.59pm AEST on 30 November 2023. To be eligible for the eleventh draw entries must be received by the promoter between 12.01am AEST on 01 November 2023 and 11.59pm AEST 30 November 2023.
(l) Entries for the twelfth draw open at 12.01am AEST on 01 December 2023 and close at 11.59pm AEST on 31 December 2023. To be eligible for the twelfth draw entries must be received by the promoter between 12.01am AEST on 01 December 2023 and 11.59pm AEST 31 December 2023.
7. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Late, incomplete, incorrectly submitted, illegible, corrupted or misdirected entries will be deemed invalid.
8. Each draw will be conducted by the promoter at 66 Foundation Road, Truganina, Victoria 3029 at 12pm on the first business day after each draw closes. The first entry drawn will win a prize. The winner will be notified by telephone and his or her name and State/Territory of residence will be published on the Isuzu website https://isuzu.com.au/competition-terms-conditions/ two business days after the draw.
9. The prize for each draw is $1,000 in retail vouchers administered by Destination Events which can be redeemed by the winner in relation to a selection of items including gift cards at Bunnings and Coles Myer and travel booked through Destination Events. Vouchers are subject to the normal terms and conditions of the issuer.
As an alternative to the $1,000 vouchers from Destination Events, the winner may nominate to redeem $2,000 (RRP, inclusive of GST) in Isuzu truck dealer credit for Servicing and/or Parts at their preferred Isuzu Trucks dealership, redeemable only in one transaction and within 12 months of receipt by the winner after the relevant monthly draw date.
(a) The winner is only entitled to one of the prizes, at their election, not both prizes.
(b) Total prize value for each monthly promotion is a $1,000 retail voucher or $2,000 (RRP, inclusive of GST) in dealer credit for servicing and/or Parts.
10. Prizes are not transferable, exchangeable or redeemable for cash. Prize values are in Australian dollars, based on recommended retail prices, include GST 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 directions from State or Territory gaming authorities. To the extent permitted by law, the promoter makes no representations or warranties as to the quality, suitability, or merchantability of any prizes. The promoter will make all reasonable efforts to deliver the prizes to the winners within two weeks of announcing each monthly draw, unless otherwise agreed between the promoter and such winners.
11. Should a prize be unclaimed, the promoter may conduct a subsequent draw at 11.15am on the first business day one month after the original draw at 66 Foundation Road, Truganina, Victoria 3029, subject to any directions from State or Territory gaming authorities or requirements under any applicable gaming laws.
12. Winners of any unclaimed prize draw will be notified by telephone and his or her name and State/Territory of residence will be published on the Isuzu website https://www.isuzu.com.au/competition-terms-conditions/ two business day after the draw
13. 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). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the promoter.
14. The promoter and its associated agencies, and companies associated with each 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.
15. 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.
16. 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 each promotion. The promoter's legal rights to recover damages or other compensation from such an offender are reserved.
17. If a monthly 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 a promotion, as appropriate.
18. 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 each 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.
19. 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.
Winners from previous months:
November - QLD
September - ACT
August 2023 - VIC
July 2023 - QLD
June 2023 - NSW
May 2023 - ACT
April 2023 - NSW
March 2023 - QLD
February 2023 - VIC
Andre JS Liepins
ISUZU TRUCKPOWER: TRUCK OF THE YEAR COMPETITION, BROUGHT TO YOU BY ISUZU (PROMOTION)
TERMS AND CONDITIONS
- These terms and conditions of entry (Terms) apply to the Promotion. Entry into the Promotion is deemed acceptance of these Terms.
- This Promotion is conducted by Isuzu Australia Limited (ABN 97 006 962 572) of 66 Foundation Rd, Truganina VIC 3029 (collectively, Promoter).
- Entry to the Promotion is open to Australian residents aged 18 years or older who are not otherwise ineligible to enter under these Terms (Eligible Entrants). Employees of the Promoter (and their immediate families) and the suppliers and agencies associated with this promotion are ineligible to enter the Promotion.
- The Promotion runs from 12:00am AEDT on 1 Feb 2023 until 11:59pm AEST on 24 November 2023 (Promotion Period).
- To enter the Promotion, during the Promotion Period an Eligible Entrant must go to the Isuzu website at www.isuzu.com.au/news-media/truck-of-the-year/ (Promoter’s Page) and complete and submit the entry form (including providing all information requested in the entry form) (Entry). Each Eligible Entrant may enter the Promotion once only and may only enter in their own name.
- The winner shall be selected by a panel of Isuzu judges at Isuzu Australia Limited, 66 Foundation Rd, Truganina VIC 3029 from the monthly shortlist of Promotion Entries received during the Promotion Period.
- At the 20th day of each month from February to November, one winner from that month’s entries will be chosen by IAL judges. Entries from the 21st day of that month will be entered into the following months draw. Every qualified 2023 Truck of the Year entry from February to November will receive an Isuzu branded merchandise item at the discretion of Isuzu. Monthly winners will receive an Isuzu merchandise pack at a pre-determined value (equivalent to price value of $300).
- A total of 10 monthly winners from February to November will go into the running for the 2023 Grand Prize. A total of ten monthly winners from the period of February till November will go into the running for the 2023 Series Prizes (categorised as N, F, FY, and FX Series).
- One of the monthly winners will be chosen by the panel of Isuzu judges as the winner of the grand prize ($6,000 Visa gift card) (Prize) and will by default, also win the series specific category. Other monthly winners will be in the running to win the remaining Series Prizes (N, F, FX, and FY Series) with a pre-determined prize (Prize value of $1,000 Visa gift card for each Series winner).
- The Grand Prize and Series Winners will be notified by telephone and email and his/her name and State or Territory of residence will be published on the Promoter’s Page.
- At the end of November 2023, a selection of entries from 2023, selected by a panel of Isuzu judges, will go into a draw for the chance to win the People’s Choice prize (one Prize of the value of $1,000 Visa gift card). The People’s Choice winner will be chosen by the public through public poling on Isuzu Australia’s Facebook page. People’s Choice voting will be open from 8 December until 11:59pm AEST on 22 December.
- To be eligible to claim the Grand and Series Prizes, all Winners will be required to participate in Isuzu-directed marketing activities, including a feature application article and related video content. Winners who fail to comply will stand to forfeit their prize.
- The Promoter will make every endeavour to allocate and supply prize(s) to the Winner in a timely fashion. If the need eventuates for further clarification or validation, the Promoter does however, reserve the right to withhold or delay the allocation of prize(s) at its own discretion. Once prize(s) are allocated and the Winner is notified (in writing) of the allocation, the Promoter is no longer responsible for replacement, reimbursement or management of the allocation. The Promoter's decisions in relation to all aspects of the Promotion and allocation of prize(s) are final and binding on each entrant and no correspondence will be entered into.
- Late, incomplete, incorrectly submitted, delayed, corrupted or misdirected Entries will be deemed invalid, and the Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.
- Prior to accepting entry, all Truck of the Year entries are appraised by Isuzu engineers to ensure any after-sale modifications meet warranty and safety standards. Vehicles that have included modifications that could affect safe operation and performance cannot be included.
- Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or draw in any way, engages in any unlawful or improper conduct that jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or does not fully comply with these Terms, will be ineligible to win. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
- The Promoter reserves the right, at any time, to verify the validity of Entries, and/or the eligibility of entrants to enter the Promotion (and/or be awarded the Prize), and to withhold awarding a Prize to an entrant if the Promoter is not able to verify the validity or eligibility of that entrant or his/her Entry to the Promoter’s reasonable satisfaction within a reasonable period of time.
- The Prize is not transferable or exchangeable and cannot be redeemed for cash. Where any element of a prize is unavailable for any reason, the Promoter may substitute another item of equal or greater value for that element, as determined by the Promoter.
- If the Promotion is interfered with in any way or is not capable of being properly conducted due to any reason beyond the reasonable control of the Promoter, the Promoter reserves its rights to modify, suspend, terminate or cancel the Promotion.
- To the maximum extent permitted by law, the Promoter, its related entities, and its associated agencies (and all employees, agents, directors and contractors of these entities) shall not be liable for any: (a) loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with the Promotion or accepting or using any prize (collectively, Loss), and for any Loss which cannot be excluded by law, liability for that Loss is limited to the maximum extent permitted by law; (b) loss or damage to any prize that occurs in transit; (c) costs associated with entrants entering or otherwise participating in the Promotion including their costs of accessing the Internet); or (d) tax liabilities that may arise from winning or receiving the benefit of the Prize.
Isuzu Trucks Trade Program
Merchant Terms & Conditions
- The Isuzu Loyalty Scheme known as the Isuzu Trucks Trade Program (Program) is governed by these terms and conditions (Terms and Conditions).
- Upon acceptance of the Application Information by Isuzu Australia Limited ABN 97 006 962 572 of 66 Foundation Road, Truganina, VIC, 3029 (IAL), the Merchant and IAL are bound by these Terms and Conditions.
- Nothing in these Terms and Conditions imposes any obligation on IAL to accept the Application Information or allow the Merchant to participate in the Program.
- The Merchant wishes to utilise and be a participant in the Program and to obtain benefits offered by IAL and Participating Dealers in accordance with these Terms and Conditions.
- In these Terms and Conditions, unless the context otherwise requires:
- Application Information means the information provided by the Merchant to Participating Dealers or IAL before entering the Program, including the information in the application form completed by the Merchant;
- Award Flight is defined in the Qantas Business Rewards (QBR) Terms and Conditions;
- Business Day means a day (other than a Saturday or a Sunday) on which banks are open for general banking business in Melbourne;
- Dealer Agreement means the agreement between IAL and authorised Isuzu dealers which sets out the terms and conditions of the dealers’ participation in the Program;
- Eligible Transactions means purchases by Merchants of Parts and Accessories from Participating Dealers which are paid for by the Merchant in accordance with the Participating Dealer’s payment and credit terms, provided the Participating Dealer has purchased the relevant Parts and Accessories directly from IAL but do not include purchases of Parts and Accessories:
- used as part of in-warranty servicing; or
- that the Merchant will be reimbursed or credited for;
- Merchant means a business or individual that is a trade customer with an ABN of the Participating Dealer or IAL and has been accepted by IAL as a participant in the Trade Program and accepted by Qantas Business Rewards as a Member but does not include any business or individual that is involved in the re-sale of truck parts and accessories or is a corporate trade account of IAL. ASX listed companies are also excluded;
- Merchant Account means the Merchant’s Qantas Business Rewards account in the Merchant’s name administered by Qantas to which Points are credited;
- Participating Dealer means an Australian Isuzu dealer authorised by IAL to participate in the Program who has entered into the Dealer Agreement with IAL;
- Parts and Accessories means genuine Isuzu parts and accessories, best value parts and approved parts for use in trucks that have been notified by IAL to Participating Dealers as being parts and accessories that Points will be awarded under the Program;
- Points means Qantas Points;
- Qantas means Qantas Airways Limited, ABN 16 009 661 901 of Level 8, 241 O’Riordan Street, Mascot, New South Wales 2020 and Qantas Group Company means Qantas or any related body corporate (as that term is defined in the Corporations Act 2001 (Cth));
- Qantas Business Rewards means the Qantas Business Rewards program operated by Qantas Airways Limited;
- Qantas Business Rewards Terms and Conditions means the terms and conditions for Qantas Business Rewards available at https://www.qantas.com/au/en/business-rewards/terms-and-conditions.html (as amended from time to time);
- Qantas Points means points earned in Qantas Business Rewards earned by a Merchant unless otherwise expressly stated. Qantas Points or Points in these Terms and Conditions do not refer to Qantas Points earned by a Qantas Frequent Flyer member unless otherwise expressly stated;
- Reward means a product, service or item eligible to be obtained by a Qantas Business Rewards member by redeeming Points through Qantas Business Rewards (referred to as an “Award” in the Qantas Business Rewards Terms and Conditions).
3. Isuzu Trucks Trade Program
- Qantas operates the Qantas Business Rewards program and IAL operates and manages the Trade Program in Australia pursuant to which Merchants can earn Points for Eligible Transactions.
- Once successfully enrolled in the Program a Merchant, who is, or becomes, a Qantas Business Rewards member will be credited with Points to their Merchant Account for Eligible Transactions in accordance with these Terms and Conditions.
- IAL reserves the right to reject any application forms provided by Merchants as part of the Application Information that:
- are incomplete, inaccurate, or incomprehensible; or
- in the opinion of IAL, in its absolute discretion:
- do not comply with the terms of these Terms and Conditions, the Dealer Agreement or any arrangement with Qantas regarding the Program;
- relate to Merchants who are not intended to be part of the Program;
- relate to a Merchant that a Participating Dealer has a financial or other interest in;
- do not relate to a legitimate Merchant; or
- relate to a Merchant that is already a participant in the Program.
- The Merchant warrants that in submitting the Application Form, the person submitting the application form on behalf of the Merchant is authorised to bind the Merchant.
4. Accrual of Points
- The Merchant who will receive Points under the Program if they have successfully joined Qantas Business Rewards using their Australian Business Number (ABN) that is also given to the Dealer when signing up to the Isuzu Trucks Trade Program. .
- The Merchant must only nominate one ABN as part of this Program.
- Subject to these Terms and Conditions, Points will accrue under the Program:
- at the rate of 1 Point per Australian dollar spent on Eligible Transactions (excluding GST) completed by the Merchant and will be allocated to the Merchant’s Qantas Business Rewards Account;
- only in respect of Eligible Transactions that have been authorised by the Participating Dealer and notified to IAL; and
- only in respect of Eligible Transactions that have been paid for by the Merchant in accordance with the credit/payment terms offered by the Participating Dealer to the Merchant.
- The Merchant acknowledges that Points may take up to 12 weeks to be credited to the Merchant’s Account.
- For Eligible Transactions which are subsequently returned or refunded, if the Merchant has already been allocated Points under the Program, IAL will deduct the amount of Points allocated to the Merchant in respect of the returned or refunded Parts and Accessories from the next allocation of Points to the Merchant.
- IAL will be under no obligation to allocate Points to the Merchant for any purchase of products, parts or accessories (whether Isuzu branded or not) that do not constitute Eligible Transactions.
- IAL may, in its absolute discretion, vary, add to or delete transactions which comprise the Eligible Transactions.
- IAL reserves the right to suspend the allocation of Points to Merchants in the event that IAL is of the opinion, in its absolute discretion, that:
- the Merchant has not complied with these Terms and Conditions; or
- a Participating Dealer has not complied with the terms of the Dealer Agreement.
5. Qantas Business Rewards
- To have Points credited to the Merchant’s Account:
- the Merchant must be: a member of Qantas Business Rewards; and
- IAL must have received and approved the Merchant’s Account details.
- If the Merchant is not already a Qantas Business Rewards member, the Merchant can join Qantas Business Rewards without paying the usual joining fee (subject to the Merchant being an Australian Business with an ABN and the Qantas Business Rewards joining and membership requirements) at qantas.com/au/en/business-rewards/join.html?code=pjisuzu. Qantas is at all times responsible for determining the overall eligibility of Qantas Business Rewards membership applications and may reject any application at its discretion.
- Qantas Business Rewards membership and Points are subject to (and may expire in accordance with) the Qantas Business Rewards Terms and Conditions. Qantas may amend the Qantas Business Rewards Terms and Conditions from time to time.
- The Merchant agrees that by participating in the Program, it agrees to the Qantas Business Rewards Terms and Conditions. These terms and conditions must be read in conjunction with the Qantas Business Rewards Terms and Conditions as amended from time to time by Qantas which terms and conditions form part of this agreement. To the extent of any inconsistency, the Qantas Business Rewards Terms and Conditions take precedence.
- Once Points have been credited to a Merchant Account, Points may be redeemed through Qantas Business Rewards in accordance with and subject to the Qantas Business Rewards Terms and Conditions.
- The Merchant is liable for any taxation implications relating to their participation in the Program and Qantas Business Rewards. It is recommended that Merchants consult a taxation adviser in relation to any taxation implications related to their participation in the programs.
- More information on Qantas Business Rewards is available at qantas.com/au/en/business-rewards
- Unless otherwise provided for in the Dealer Agreement or the agreement between IAL and Qantas, IAL and Participating Dealers have no obligation or liability to the Merchant in respect of Qantas Business Rewards or the Points once credited to the Merchant’s Account.
- The Merchant must not make any public statement about Qantas’ affiliation with the Program, IAL or the Participating Dealer or use any Qantas trademark in any material unless it has first obtained written consent from IAL and Qantas in each instance.
6. Modification of Terms and Conditions
- IAL may vary these Terms and Conditions at any time by providing written notice of the variation to the last known electronic mail or mailing address of the Merchant, subject to Qantas amending the Qantas Business Rewards Terms and Conditions at any time without providing notice. As such the Merchant must refer to the Qantas Business Rewards Terms and Conditions link to ensure it understands the latest terms applying to its transactions as IAL may elect to not notify the Merchant of Qantas related changes.
- The continued participation by the Merchant in the Program will be deemed to be acceptance of these Terms and Conditions, as varied.
7. Responsibilities of IAL
- IAL will be under no obligation to allocate Points to Merchants unless IAL has been notified by the Participating Dealer of the Eligible Transaction in accordance with the Dealer Agreement and the Participating Dealer has otherwise complied with the terms of the Dealer Agreement.
- The Merchant agrees and acknowledges that:
- the allocation of Points for Eligible Transactions to the Merchant is dependent on the provision of true and correct information by the Participating Dealer to IAL;
- IAL has no obligation or responsibility to verify or check the accuracy of the information provided by a Participating Dealer; and
- any claim by a Merchant for Points must be directed towards the Participating Dealer that the Merchant purchased the relevant Parts and Accessories from.
- It is acknowledged that IAL is the administrator of the Program and Participating Dealers are not partners, joint venturers, sub-contractors, agents, servants or employees of IAL, nor of Qantas.
- IAL is not liable or responsible to any person or company for or on account of any error in the allocation or calculation of Points and in no circumstance shall IAL be held liable for any loss of business or profits or for any other consequential loss or damage suffered by the Merchant or any other person or company in relation to the Program.
- The Merchant acknowledges and agrees that:
- only businesses may earn and be credited with Points;
- the Merchant must be a member of Qantas Business Rewards to earn Points;
- the Merchant may only be allocated Points in accordance with these Terms and Conditions and as a result of an Eligible Transactions by a Merchant;
- Merchants will be subject to the Qantas Business Rewards Terms and Conditions (including in relation to the earning, retention and redemption of Points and any restrictions on using Points for Rewards or restrictions on the availability of Rewards);
- Points will only be credited to the Merchant Account;
- The Merchant indemnifies and will keep IAL indemnified against:
- any income tax or fringe benefits tax or other tax arising from the operation of the Program or participation by the Merchant in the Program or Qantas Business Rewards; and
- all losses, liabilities and costs incurred by IAL arising directly or indirectly as a result of or in connection with:
- a breach by the Merchant of these Terms and Conditions;
- any negligent or wilful act or omission of the Merchant and their employees, agents, servants or contractors; and
- any warranty, promise or representation made by the Merchant or any employee, agent, or other person acting on behalf of the Merchant being incomplete, inaccurate, or misleading.
9. Termination by IAL
- IAL may terminate the agreement set out in these Terms and Conditions and/or terminate the Program by notice immediately in writing if: the Merchant fails to remedy a breach of these Terms and Conditions within 14 days of written notice detailing the breach;
- the Merchant supplies any misleading information or makes any misrepresentation to IAL, Participating Dealers or its authorised dealer network;
- a relevant Dealer Agreement is terminated;
- the agreement between IAL and Qantas is terminated; or
- Qantas instructs IAL to terminate; or
- the Merchant becomes bankrupt or insolvent.
10. Termination without Cause
- A Merchant may terminate the agreement set out in these Terms and Conditions without cause on 14 days’ notice in writing to IAL.
- IAL may terminate the agreement set out in these Terms and Conditions and/or terminate the Program without cause on 60 days’ notice in writing to the Merchant.
11. Consequences of Termination
- Where the agreement set out in these Terms and Conditions and/or the Program is terminated or ends (Termination):
- the Merchant will be notified by IAL in writing of the Termination and any Points in the Merchant Account at the date of Termination remain subject to the Qantas Business Rewards Terms and Conditions; and
- IAL will allocate Points for Eligible Transactions completed prior to the date of Termination but will not be obligated to allocate Points for any Eligible Transactions:
- where the Merchant has not paid for the Parts and Accessories on or before the date of Termination;
- where the Participating Dealer has not paid IAL for the Parts and Accessories on or before the date of Termination; or
- that have not been notified by the Participating Dealer to IAL in accordance with the Dealer Agreement on or before the date of Termination.
12. IAL Personal Information Notice
- IAL may collect information about the Merchant including information provided:
- in the Application Information;
- by the Participating Dealer concerning Eligible Transactions; and
- from other sources.
- promoting services offered by all Participating Dealers including but not limited to special product offers, discounts on purchases, special savings, the Program and collection of Points;
- for marketing, product development and research purposes; and
- for disclosure to Participating Dealers in distributing promotional information.
- In addition, the Merchant consents to IAL and Qantas (and its service providers) exchanging, using, disclosing and collecting Merchant personal information (including name, Australian Business Number, address) for the purpose of administering and operating the Program and Qantas Business Rewards and allowing the Merchant to earn Points in accordance with these Terms and Conditions and participate in Qantas Business Rewards.
- Information in relation to the Merchant will be held by IAL at its premises in Australia and pursuant to the provisions of the Privacy Act 1988 (Cth) the Merchant may make written request for access to, and correction of, personal information held by IAL.
- A fee to cover the reasonable costs incurred by IAL in responding to a request for information by the Merchant may be charged and if a fee is payable then IAL will advise the Merchant of the amount of the fee and obtain payment before responding to the request.
- To the extent permitted by law, IAL will not be liable to the Merchant for:
- any failure or delay by a Participating Dealer to notify IAL of an Eligible Transaction;
- any incorrect or incomplete information provided by a Participating Dealer regarding the Merchant, Merchant’s Account or an Eligible Transaction;
- any loss, theft or damage to any Rewards in the course of post or delivery;
- any delay in allocation of Points to the Merchant’s Account;
- any Reward not being available for any reason; and
- any loss suffered by the Merchant as a result of any changes to or termination of the Program or Qantas Business Rewards (including the Qantas Business Rewards Terms and Conditions).
- All conditions and warranties whether expressed or implied and whether arising under legislation or otherwise as to the condition, suitability, quality, fitness, or safety of any Rewards supplied or redeemed in connection with Points allocated under the Program are expressly excluded to the full extent permitted by law.
- A notice or other communication connected with these Terms and Conditions (Notice) has no legal effect unless it is in writing.
- In addition to any other method of service provided by law, the Notice may be:
- sent by prepaid post to the address of the addressee set out in these Terms and Conditions or subsequently notified by the addressee to the other parties in writing;
- sent by electronic mail to the electronic mail address of the addressee;
- delivered at the address of the addressee set out in these Terms and Conditions or subsequently notified by the addressee to the other parties in writing.
- If the Notice is sent or delivered in a manner provided by clause 14.2, it must be treated as given to and received by the party to which it is addressed:
- if sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;
- if sent by email before 5pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
- if otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.
- Despite clause 14.3(2):
- an electronic mail message is not treated as given or received if the sender’s computer reports that the message has not been delivered; and
- an electronic mail message is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.
- A Notice sent or delivered in a manner provided by clause 14.2 must be treated as validly given to and received by the party to which it is addressed even if:
- the addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or
- the Notice is returned unclaimed.
- Any Notice by a party may be given and may be signed by its solicitor.
The details of notice for IAL are: Post: 66 Foundation Road, Truganina, Vic 3029 Attention: Company Secretary Phone: 1800 035 640
- The details of notice for the Merchant and Merchant are as set out in the Application Information.
- These Terms and Conditions shall be governed by the laws of Victoria, Australia and the parties submit to the non- exclusive jurisdiction of the courts of Victoria, Australia.
- The liability for any government levies, imposts, taxes or other expenses or charges arising out of participation in the Program, the accrual or allocation of Points under the Program or claiming of Rewards shall be the sole responsibility of the Merchant.
- If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms and Conditions remains in force.
- A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
Isuzu Merry Truckmas Promotion
Terms and Conditions
This document sets out the terms and conditions of entry and participation for the ‘Isuzu Merry Truckmas Promotion’ promotion (Promotion).
The Promotion is conducted by Isuzu Australia Limited (ABN 97 006 962 572) of 66 Foundation Road, Truganina, Victoria 3029 (Promoter).
These terms and conditions of entry (Terms and Conditions) apply to the Promotion and by submitting an entry to the Promotion, an entrant agrees to and will be bound by these Terms and Conditions.
Who is eligible?
1.1 Entry for the Promotion is open to all individuals who meet the following criteria (Eligibility Criteria):
(a) entrants must be an Australian resident aged 18 years and over at the time of entering the Promotion;
(b) entrants must have an email address;
(c) entrants must complete the entry form in full, providing all required information; and
(d) entrants must not otherwise be ineligible under these Terms and Conditions.
(e) entrants must have an active Australian Business Number (ABN)
1.2 The Promoters’ immediate family members of employees, and employees of any other company, supplier or agency associated with the Promotion are ineligible to enter. Any other person who assists in determining the winner of the Promotion is ineligible to enter.
1.3 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).
1.4 The Promoter may disqualify an entrant who:
(a) tampers with the entry process;
(b) submits an entry that is not in accordance with these Terms and Conditions; or
(c) has, in the opinion of the Promoter, engaged in conduct in entering the Promotion, which is fraudulent, misleading, deceptive, illegal or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter.
1.5 The Promoter's legal rights to recover damages or other compensation from an entrant are reserved.
1.6 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of its rights.
How to enter the Promotion?
2.1 The promotion commences at 0:00am (AEDT) on 8 November 2023 and ends at 24:00pm (AEDT) on 24 December 2023 (Promotion Period), after which no further entries will be accepted.
2.2 Entry to the Promotion is via an online form located at URL: https://www.isuzu.com.au/merry-truckmas (Page). You will be required to complete the details on the form including an open text response to the Competition Question: In 50 words or less, what do you want for Christmas and why?
2.3 Provided you meet the Eligibility Criteria, you must follow the instructions to complete the form in full, including providing all required information, and submit the form in the manner directed in order to enter the Promotion.
2.4 The Promoter will consider entries to be accepted at the time of receipt of the form, and not at the time of submission.
2.5 Only one entry per person to the Promotion is permitted.
2.6 Any late, lost or misdirected entries or incomplete, indecipherable or illegible entries will be deemed invalid.
How do you win?
3.1 The Promotion is a game of skill. Valid entry submissions will be judged at the Promotor’s premises by a panel of three judges selected by the Promotor. The judges will decide which entry provides the best and most original answer to the Competition Question for the relevant week. There will be seven winners in total to be decided each Monday for a period of seven weeks commencing on Monday 13 November.
3.2 The Promoter’s decision in relation to any aspect of the Promotion is final and binding on every participant who enters the Promotion.
3.3 The Promoter is not required to provide any information or correspondence to any participant who enters the Promotion regarding the selection criteria or reasons for their decision. Additionally, unsuccessful entrants will not receive any correspondence.
3.4 The selected winners will be notified by telephone and email within 24 hours of the decision being for each week and will be asked to select their Price Pack preference (see below). The winner’s names, business and state will be published (declared) on the Promotor’s website (www.isuzu.com.au/merrytruckmas) and promotional emails and social media posts. By participating in the Promotion, the winners agree to publication of their details.
3.5 The Promoter reserves the right to require each winner to provide proof of identity satisfactory to the Promoter (in their sole discretion) before awarding the Prize.
What is the prize?
4.1Winning Eligible Entrants are entitled to the following Prize Pack from the Promotor:
- 1 x $1,000 (Inc GST) Caltex StarCash Prepaid Fuel Card (use of which is subject to further terms and conditions of Caltex – these are available at http://www.vaultps.com.au/terms-conditions/)
- Plus one choice from the following options:
i.$1,000 (Inc GST) single transaction credit towards Isuzu Parts & Accessories from an Isuzu Trucks Dealer or
ii.$1,000 (Inc GST) single transaction credit towards Truck Servicing (or Isuzu Service Agreement) at an Isuzu Truck Dealer
The total prize value for the Promotion is $14,000 (Inc GST)
4.1 The Prize Pack, or any unused portion of the Prize Pack, is not transferrable or exchangeable and cannot be taken as cash. The Prize Pack will be emailed to each winner within 30 days of the winner being declared.
4.2 Each winner must comply with all reasonable directions or instructions of the Promoter in order to receive the Prize. The use of the $1,000 Isuzu Parts and Accessories or Servicing Credit must be claimed during one transaction at a participating Isuzu Truck Dealer. If a Prize Pack remains unclaimed for a period of 30 days or the winner is unable to accept the Prize Pack for any reason, the Promotor reserves the right to select or award a new winner.
5.1 To the extent permitted by law, the Promoter excludes all guarantees, warranties, conditions or other terms that apply under or are implied by statute, common law or trade custom or usage.
5.2 If in the conduct of this Promotion the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Australian Consumer Law or is implied by any other Commonwealth, state or territory law that cannot be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to (a) the replacement of the goods or the supply of equivalent goods; or (b) the resupply of the services.
5.3 Subject to clause 5.2, to the extent permitted by law, the Promoter (including its officers, employees, related companies and agents) excludes all liability to the prize winners, entrants or anyone else for any injury, personal injury, damages, expenses or loss whatsoever (including without limitation loss of profit, revenue or business and indirect, consequential, special or incidental loss or damage), sustained in the course of the Promotion and accepting or using a Prize Pack.
5.4 If for any reason the Promotion is not capable of running the Promotion as planned, including, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to take any action that may be available, or to cancel, terminate, modify or suspend the Promotion subject to any direction given under applicable Australian law.
6.1 The Promoter will collect, hold and use the personal information provided by an entrant for the purpose of conducting the Promotion, including providing any Prize to an entrant. If you enter this Promotion, your personal information may also be disclosed to the relevant government department or otherwise published, as required by Australian law.
6.2 If an entrant does not provide the requested personal information, the Promoter will not be able to accept an entry as being a valid entry in the Promotion or allow an entrant to participate in the Promotion.