Monster x McLaren Mastercard F1® Team Experience Promotion Terms & Conditions ("Conditions of Entry")

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and the Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and the Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Where applicable, entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Only valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
5. All reasonable attempts will be made to contact the winner.
6. If the winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, they will forfeit the prize and the Promoter is not obliged to offer a substitute prize.
7. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
8. The value of the prizes is accurate and based upon the recommended retail value of the prizes where applicable (inclusive of GST) at the date of publication. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority. 
11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
12. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
13. Entrants' personal information will be collected by On The Run Pty Ltd, ABN 19 638 356 466 (“OTR”); Viva Energy Retail Pty Ltd, ABN 96 662 372 027 (“Reddy Express”); and Loyalty Pacific Pty Ltd, ABN 82 057 931 334 (“Flybuys”) (together the “Collectors”). Personal information will be stored on the Collectors' databases. The Collectors collect personal information in connection with their respective membership programs, and to run this Promotion and may disclose entrants' personal information to their related entities and to third parties including their contractors, agents and service providers, and in the case of the winner and their companion the Promoter and the prize suppliers, to assist in conducting this Promotion. The Collectors will not share entrants’ personal information with each other, except as otherwise occurs as part of their usual Flybuys/OTR arrangements. This may include disclosures to organisations outside Australia including in places such as the United Kingdom, the Netherlands, Malaysia, the Philippines, Japan and the United States of America and other countries (see each Privacy Policy for details). The Collectors may also disclose entrants’ personal information to the State and Territory lottery departments as required under the relevant lottery legislation. By entering, entrants acknowledge that they may receive factual/transactional email messages from the Collectors without any functional unsubscribe facility if they relate primarily to the conduct of this Promotion (e.g. an email notifying them that they are a winner). If an entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. The Collectors’ respective Privacy Policies (see https://www.otr.com.au/privacy-policy/ (for OTR/Reddy Express); https://experience.flybuys.com.au/policies/privacy-policy/ (for Flybuys)) include information about: (a) how an entrant can seek access to the personal information the relevanty Collector holds about them and seek correction of the information; and (b) how to complain about a privacy breach and how the relevant Collector will deal with such a complaint.
14. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and postcode of residence.
15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in its absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. 
16. It is a condition of accepting the prize that a winner and their travel companion may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. 
17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
19. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). If a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
21. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. If there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision, acting reasonably, will be final.
22. The Promoter, Participating Venues, Flybuys(trading as Loyalty Pacific Pty Ltd) and each of their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or willful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter (or Participating Venues, Flybuysor each of their associated agencies and companies) has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s (or Participating Venues, Flybuys and each of their associated agencies and companies) liability is limited to the minimum allowable by law).
23. Unless otherwise specified, a prize is a single event for the winner (and where relevant their companion) and cannot be separated into individual events or components.
24. The winner will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
25. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
27. Monster Energy AU Pty Ltd. is not a promoter of this Promotion. The Monster Energy brand names, logos and/or materials are used for the purposes of this Promotion and/or prize descriptions only and such use is not intended to suggest or imply Monster Energy AU Pty Ltd.'s sponsorship of this Promotion.
28. Participating Venues and Loyalty Pacific Pty Ltd (Flybuys) are not a promoter of this Promotion. The brand names, logos and/or materials of these entities are used for the purposes of this Promotion only and such use is not intended to suggest or imply their sponsorship of this Promotion.
29. Authorised under: ACT Permit No. TP 26/02115, NSW Authority No. TP/03000 and SA Permit No. T26/1604