In these terms, "we", "us" and "our" means Are Media Pty Limited t/as Wheels Media (ABN 18 053 273 546) of Level 3, 54 Park Street, Sydney, New South Wales, Australia. Please read these terms carefully as they apply to your use of this website and its content, and to any associated services, products and software provided by us (collectively, “Website”). By accessing or using the Website you agree to be bound by these terms. We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted.
SECTION 1 – LICENCE TO USE CONTENT
The Website, the content posted on the Website by us and our users and the underlying software and technologies used to operate the Website are subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).
We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
We (or our licensors) retain all right, title and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.
Except as provided in these terms, permission to reproduce the Website or any of its content, in whole or in part, whether by automated or manual means (including any so-called robot, spider, scraper or similar technology) is prohibited, unless prior written consent is obtained from us.
We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
SECTION 2 – SOCIAL SIGN IN AND MEMBERSHIP
To access certain features on the Website, you may need to do any or all of the following:
(a) register as a member;
(b) sign in via your social media account; or
(c) verify that you are over 18 years old.
Your use of social sign in is subject to the terms and conditions of your account with the third-party social media service provider in addition to these terms.
To register as a member, you must provide us with accurate and up to date registration information. You may wish to nominate a member username that is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances, we may require you to provide your real name or other identifying information.
In addition to registration, you may be required to verify that you are over 18 years old to access certain content on the Website. We may implement restricted access and age verification mechanisms as we deem appropriate.
SECTION 3 – DISCLAIMER
Except where expressly specified, the content on the Website is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.
Without limiting any other provision of these terms, we are not responsible for, and do not endorse, the content or accuracy of any advertising or promotional material published on the Website
SECTION 4 – CONTENT YOU SUBMIT
Where requested, we encourage you to contribute to the Website by submitting comments, participating in the Website discussion forums and quizzes and, where appropriate, uploading information and photos (collectively, “Submissions”).
You retain copyright and any other rights you hold in any Submissions. By submitting, posting or displaying the Submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Submissions in any form. You warrant to us that you have all the rights, power and authority necessary to grant such licence and that our use of your Submissions in accordance with these terms will not infringe the rights (including Intellectual Property Rights) of any person or breach any law.
You must not submit, post, display or otherwise contribute to the Website any of the following:
(a) any comment, review, message, data, information, text, music, sound, photo, graphic, code or other material (collectively, "Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or that discriminates against or vilifies any group or individual, advocates harassment of another person or would be rated R, RC or X by the Australian Classification Board;
(b) Content that may infringe any trade secret or Intellectual Property Rights of any person;
(c) Content that impersonates any person or otherwise misrepresents your affiliation with a person, including us;
(d) unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);
(e) Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or
(f) private information of any third-party, including surname (family name), address, phone number, email address and credit card details.
By using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and, in this respect, you use the Website at your own risk. We may pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from the Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions.
You must abide by any community guidelines which may be posted on the Website by us.
Each user of the Website is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of the Submissions.
SECTION 5 – LINKING TO THE WEBSITE
We encourage you to provide links to the Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.
You must not frame the Website or represent or imply that any part of the Website belongs to anyone other than us.
If we notify you that we object to the way you provide links to the Website, you must immediately cease providing such links.
SECTION 6 – GENERAL RESTRICTIONS
In using the Website, you must not:
(a) violate any laws;
(b) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any device or software;
(c) disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);
(d) collect or store personal data about other users of the Website;
(e) use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or
(f) engage in any other conduct that inhibits any other person from using or enjoying the Website.
SECTION 7 – E-COMMERCE
We may offer products or services for sale through the Website. Prices for such products or services are subject to change without notice.
Certain products or services may be available exclusively through the Website. Certain products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of products that appear on the Website. We cannot guarantee that your device’s display of any color will be accurate.
We may limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or services, including pricing, are subject to change at any time without notice, at our sole discretion. We may discontinue any product or service at any time. Any offer for any product or service made on the Website is void where that offer is prohibited.
We may refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You must provide current, complete and accurate purchase and account information for all purchases made through the Website. You must promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.
SECTION 8 – WARRANTIES AND INDEMNITY
You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR ACCESS TO AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE WEBSITE AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE WEBSITE TO MEET YOUR REQUIREMENTS); OR
(B) YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THESE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:
(a) in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
(b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE IS LIMITED TO $100. OUR LIABILITY TO YOU WILL ALSO BE DIMINISHED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD-PARTY) CONTRIBUTE TO OR CAUSE THE LOSS OR LIABILITY.
SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN.
The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.
You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third-party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third-party.
We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your device.
SECTION 9 – CHANGES TO THE WEBSITE
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
SECTION 10 – LINKS AND ADVERTISEMENTS
Where you enter information into a form on the Website for the purposes of receiving services or information from a third-party, we may receive a copy of that information from the relevant third-party. We may also receive a benefit from that third-party in relation to their collection of your information. We are not responsible for, and do not endorse, the content or accuracy of services or information you may receive from the relevant third-party, and we have no responsibility to you in relation to any agreement you may enter into with them.
We may participate in affiliate advertising programs – including the Amazon Services LLC Associates Program – that provide an opportunity for us to earn a commission when you click on links on the Website to third-party products and services.
The Website may contain links to websites operated by third-parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website. You should contact the relevant third-party if you have any questions.
In some instances, advertisements on the Website will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.
Where the Website includes third-party products or services available for purchase, the prices and descriptions are the responsibility of the retailer.
SECTION 12 – GENERAL
If any part of these terms is:
(a) held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
(b) inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,
and the remainder will remain in full force and effect. These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.
Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The word “including” when used in these terms is not a term of limitation.
Young Street Machine of the Year 2023 - Car Submissions Promotion
Terms and Conditions
1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions.
2. The Promotion commences on 3rd April 2023 and ends at 23:59 AEST on 30th April 2023 (“Promotional Period”).
3. You must be aged 16 years or over to enter. If you are under the age of 18 years, you must have the prior consent of your parent or legal guardian to enter. Entrants must be aged under 24 years on 31 December 2023. Entry is open to Australian residents. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.
4. To enter online: You can enter by going to www.whichcar.com.au/young-smoty and following the prompts to the competition entry page. At the competition entry page, you submit an online entry by completing the entry form (including your full name, email address, daytime telephone number, postcode and upload a photograph of your vehicle and submitting the entry as instructed during the Promotional Period.
5. Only one entry per person will be permitted.
6. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; (f) unlawful; (g) obscene; (h) defamatory; (i) discriminatory; (j) threatening; (k) pornographic; (l) harassing; (m) hateful; (n) racially or ethnically offensive; (o) capable of encouraging conduct that would be considered a criminal offence; (p) capable of violating any law; or (q) capable of giving rise to civil liability. Any such entry will be ineligible and will be discarded. Any entry that the judges deem otherwise inappropriate will be ineligible and will be discarded.
7. 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) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
8. The Promoter is not responsible or liable for late, lost or misdirected mail enclosing an entry, or an entry not being received by the Promoter for any reason whatsoever.
9. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.
10. You must not engage in any illegal or unsafe behaviour whilst participating in the Promotion (including while taking the entry photograph). To the extent permitted by law, the Promoter and its partners exclude any legal liability or responsibility for incidents or activities, whether legal or otherwise, engaged in by you or any other person during participation in the Promotion (including while taking the entry photograph).
11. The Promotion is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its creative merit. The judges’ decision will be final and binding on every person who enters. No correspondence will be entered into.
12. You warrant to the Promoter that your entry is an original work that does not infringe the rights of any person. You warrant that you own or have all necessary licences, rights, consents and permissions to use and authorize the Promoter to use all trademark, trade secret, copyright or other proprietary rights in and to your entry to enable inclusion and use of your entry in the manner contemplated by these terms and conditions. If any part of the information provided by you in relation to your entry was provided by a third party, you warrant that you have obtained the relevant copyright permission to submit the entry for the purposes of the Promotion.
13. You warrant that you have obtained the written consent, release or permission of each and every identifiable individual person in your entry (including, if the individual is a child, the child’s parent or legal guardian) to use their name and likeness to enable inclusion and use of your entry in the manner contemplated by these terms and conditions.
14. You indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranties contained in these terms and conditions.
15. You grant to the Promoter an irrevocable, worldwide and perpetual licence to use your entry in any manner and for any purpose at its absolute discretion, including using your entry in connection with book publication and promotional, marketing or publicity purposes without any further reference or payment or other compensation to you. The Promoter may amend, edit, select, crop, retouch, add to or delete from any part of your entry.
16. The Promoter will not be liable for any breach of copyright in connection with your entry. You will be solely responsible for your entry and the consequences of submitting it.
17. The Promoter may use and may permit others to use your entry at its absolute discretion, including in connection with a story or feature on the Promotion to be published in any of its print or digital publications, without further remuneration or reference to you.
Judging and award of prize
18. The judging will be conducted by a panel of judges appointed by the Promoter. The judging will take place at Wheels Media, Unit 9, 3-5 Gilda Court, Mulgrave VIC 3170 and will begin on 1st of May 2023 to 12th of May 2023.
19. The best sixteen (16) valid entries as determined by the judges will be entered into a public photo voting competition, which will run from 15th May 2023 to 28th May 2023 on www.whichcar.com.au. The one (1) photo with the most votes in the competition will win AU$2,500, paid to the winner by direct bank deposit, subject to the winner providing the necessary bank details.
The TOTAL PRIZE POOL IS VALUED AT AUD$2,500.
20. The winner will be notified by telephone and in writing within 7 business days of the draw using the contact details provided in their entry. The winner’s name will be published on www.whichcar.com.au for 28 days.
21. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on the winner’s behalf. It is the responsibility of the winner’s parent or legal guardian to prove their parental or guardianship status at the time of winner notification. If a person incorrectly represents themselves to be a winner’s parent or legal guardian, that person will be liable for all costs associated with re-delivering or re-awarding the prize (including but not limited to any administrative fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. The Promoter is not responsible for determining any other delivery details or taking directions that relate to any ongoing family law negotiations or determinations. These are the responsibility of the winner and their respective parent or legal guardian.
22. If, for any reason, the winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner.
23. The prize will be paid to the winner by direct bank deposit, subject to the winner providing the necessary bank details.
24. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.
25. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may cancel, terminate, modify or suspend the Promotion.
26. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Promotion; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Promotion; (ii) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (iii) any theft, unauthorised access or third party interference; (iv) 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; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.
27. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.
29. The Promoter is Wheels Media, a division of Are Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000).