TERMS & CONDITIONS

 “THE BP ULTIMATE DAY JOB” PROMOTION

TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-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. Promotion commences on 11/03/2020 and ends at 11:59pm AEDT on 30/04/2020 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
  • Visit https://www.bpultimatedayjob.com/ and follow the prompts to the promotion entry page;
  • Input the requested details into the online entry form including their full name, email address, street address, telephone number, age and an answer in fifty (50) words or less to the question “Why should you win BP’s The Ultimate Day Job? Prove why you’re Australia’s biggest Supercars fan” (“Promotional Question”);
  • Upload a photograph of their choice which supports their answer to the Promotional Question; and
  • Submit the fully completed entry form.
  • Uploaded photographs must be submitted in .JPG format and must not exceed 5 MB file size.
6. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry permitted per person.
9. 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.
10. The judging will take place at the Promoter’s office, Level 17, 717 Bourke Street, Melbourne VIC 3000 on 25/05/2020. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
11. The winner will be notified by email and telephone.
12. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on literary and creative merit of the answer provided to the Promotional Question and photograph submitted.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The best valid entry, as determined by the judges, will win ‘The Ultimate Day Job’ at the 2020 Supercars Townsville 400 event valued at up to $6,000, depending on point of departure. Prize is for two (2) adults and includes:
  • Two (2) x Trackside + Paddock Pass tickets to the 2020 Supercars Townsville 400 event held on 27/06/2020 and 28/06/2020;
  • A Supercars Grid Walk for two (2);
  • Two (2) x Supercars Course Car experiences;
  • Assist in washing and/or prepping the vehicles for the Supercars Course Car experiences;
  • Behind the scenes Paddock tour for two (2);
  • Breakfast and lunch for two (2) in the racing teams’ catering marquee;
  • Assist with the preparation for the podium presentation, and assist with the podium presentation (for the winner only);
  • Access to the post-race press conference for two (2);
  • Two (2) x return economy airfares from winner's nearest Australian capital city or regional airport to Townsville, QLD (in the event the winner is from QLD, the Promoter will liaise with the winner to determine whether or not the prize includes return economy airfares. In the event the Promoter determines that it does not include airfares, then the airfare component of the prize is not redeemable for cash);
  • Two (2) nights twin share 4-star accommodation;
  • Return transfers between airport and accommodation;
  • Return transfers between accommodation and the 2020 Supercars Townsville 400 event; and
  • Two (2) x dinners and one (1) x breakfast for the winner and his/her companion at restaurants to be determined by the Promoter (with the exact details communicated to the winner by the Promoter – in addition to the breakfast and lunch provided as stated above).
The winner’s companion must be aged 18 years or over. Spending money, additional meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the 2020 Supercars Townsville 400 event with flights departing on Friday, 26/06/2020 and is subject to booking and flight availability. The winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
16. The winner of the prize and his/her companion acknowledge that elements of the prize are dangerous activities that may result in injury or death and participate at their own risk. The winner and his/her companions must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and prize organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in elements and activities of the prize; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner or his/her companion from participating in an activity if, at any time, they reasonably believe that the winner or his/her companion poses a safety risk or for any other reason; and/or (b) cancel the activity if the conditions are deemed dangerous. If an element of prize is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
17. If for any reason a winner does not take / redeem the prize (or an element of the prize) at / by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
18. If the prize (or 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 to the equal value and/or specification.
19. The 2020 Supercars Townsville 400 event ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
20. Total prize pool value is up to $6,000. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
21. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
22. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
23. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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.
25. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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 the promotion.
27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the 2020 Supercars Townsville 400 event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize / participation in the prize / attendance at the prize event.
28. As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
29. The Promoter may ask the winner (and his/her companion) to take part in some publicity, photography and other promotional activity as the Promoter requires, without any compensation. The winner (and his/her companion) consent to the Promoter using their name and image in any promotional or advertising activity. The Promoter collects personal information about the entrants in order to conduct and manage the promotion. If the personal information requested is not provided, the entrant may not be able to participate. The Promoter may also use entrants’ personal information to help improve its goods and services. The Promoter may share entrants’ personal information with the Promoter’s franchised dealers, related companies, agents, contractors or promotional partners. The Promoter and its Australian related companies and promotional partners may contact an entrant with special offers and marketing via any medium including mail, telephone and commercial electronic messages (including email and SMS). By entering and providing personal information, entrants consent to the use of their personal information in this manner. Where the Promoter holds personal information about an entrant that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records. Entrants’ personal information may be disclosed to overseas locations such as New Zealand, the USA, the UK, Malaysia, the Philippines and India. The Promoter’s Privacy Policy (available at www.bp.com.au) states:
(a) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
(b) how you can complain about a breach of privacy and how the Promoter will deal with such a complaint.
30. This promotion is in no way sponsored, endorsed, administered by, or associated with any social media platform, including Facebook, Instagram, and Twitter.
31. The Promoter is BP Australia Pty Ltd (ABN 53 004 085 616) of Level 17, 717 Bourke Street, Melbourne VIC 3000.