GA14 | Competition Terms (Rover)
Competition Terms and Conditions
Competition Schedule
PART A
1. Competition Name: Brand New Land Rover Evoque or $70,000 Cash
2. Promoter: Ella Ding Enterprise Pty Ltd (ACN 659 503 652) (Promoter) of Level 12, 468 St
Kilda Road, Melbourne VIC 3004 (Head Office). Contact details available at:
www.ellamayding.com.au.
3. Entry Requirements:
Entrants must be at least 16 years of age, must reside in Australia and must purchase a
membership package, which can either be a subscription package or a one-off package,
via the Promoter's website located at www.ellamayding.com.au (Website), which gives
the purchaser access to special discounts via the Ella May Discount Club, exclusive
events across Australia, exclusive product releases and the EMD merchandise range
(Membership Package). The Entrant will receive a specific number of entries and
package inclusions depending on the Membership Package purchased and as set out on
the Membership Package page on the Website.
If the Entrant is under 18 years of age, the Entrant must have parent/guardian approval
to enter the Competition, and the parent/guardian of the Entrant must read and consent
to these terms and conditions. The Promoter may require the Entrant’s parent/guardian
to enter into a further agreement as evidence of consent of the minor entering this
Competition.
4. Maximum entries: 15,000 per person.
5. Number of winners: There will be a maximum number of 1 Winner.
6. Territories: Australia-wide, except ACT and South Australia.
7. Promotion Period: Competition commences 05:00pm AEDT on 10 March 2025 and ends
at 05:00pm AEDT on 12 May 2025.
8. Prizes:
The Winner may elect to receive either:
(a) Brand New Land Rover Evoque 2026, in Santorini Black, valued at $88,500; or
(b) $70,000 Cash Prize.
(For the avoidance of doubt, if the Winner chooses the $70,000 Cash Prize, they will not
receive the Brand New Land Rover Evoque, and vice versa.)
For the purposes of this Competition, the total prize pool is estimated to be no more than
$88,500. The Prize must be taken as stated and is not transferable to another person,
unless agreed to in writing by the Promoter. The Prize is not exchangeable for other
goods or services from the Promoter. Any additional expense incurred as a result of
winning this prize is the responsibility of the Winner.
The Promoter will pay for the delivery of the Prize to the Winner's nominated address.
The Promoter will pay for stamp duty, six (6) months’ registration with a standard number
plate and reasonable transfer costs of the vehicle to the Winner, however it is the
Winner's responsibility to cover insurance and any other costs pertaining to the Prize.
The Promoter reserves the right to substitute the Prize with an equivalent cash prize in
its sole discretion.
9. Prize date and selection of winners: All entries will be assigned a number and the
Winners will be drawn by a random electronic number generator at 06:30 PM AEDT on
12 May 2025, on a computer or device accessed at Head Office.
10. Publication of winners: Winners will be personally notified by email within seven (7)
days of the draw. Winners will also be announced online at www.ellamayding.com.au
and the Promoter’s Social Media Accounts within seven (7) days of the draw and will
remain published for a minimum period of twenty-eight (28) days.
11. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain
correct and accurate information. Employees of the Promoter and family members of
employees of the Promoter are not eligible to win.
12. Prize Delivery: Prizes will be delivered to the Winners to their nominated address or
email address (at the Promoter’s discretion) within twenty-eight (28) business days of the
Draw / re-draw date. If the Prize contains a cash prize, it will be delivered to the Winner
by bank transfer to their nominated bank account. The Promoter will pay for the delivery
of the Prize to the Winner's nominated address. However, the Winner is responsible for
any other costs associated its receipt of the Prize, including any taxes or transfer duties
or costs.
The Promoter may need to drive the vehicle prize to the Winner’s address for delivery
and may also film a promotional video documenting the competition. The vehicle may
accrue additional mileage during this process.
13. Force Majeure: The Promoter shall not be liable for any failure or delay in delivering the
Prize within the specified timeframe due to circumstances beyond its reasonable control,
including but not limited to acts of God, natural disasters, pandemics, government
restrictions, industrial disputes, supply chain disruptions, transportation delays, or any
failure or delay caused by the Prize Supplier(s) ("Force Majeure Event").
In the event of a Force Majeure Event, the Promoter will use all reasonable efforts to arrange
for the delivery of the Prize as soon as practicable. The winner will be notified of any expected
delays and, where possible, offered an alternative prize of equal or greater value, subject to
availability and at the Promoter’s sole discretion.PART B
1. Information on how to enter and information provided in Part A form part of these terms and
conditions and by entering into this Competition, each Entrant is deemed to have
accepted and understood these terms and conditions. The Entrant agrees that these terms
and conditions constitute all of the terms and conditions between the Entrant and the
Promoter governing this Competition.
Participation
2. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set
out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all
of the Entry Requirements.
3. Entry is open to residents of the Territories.
4. The Competition will be open during the Promotion Period. All eligible entries must be
received by the Promoter during this time. Entries are deemed to be received at the time
of receipt by the Promoter and not at the time of transmission by the Entrant.
Selection of Winner
5. The Winner will be selected by random draw, on the dates and at the location outlined in
Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be
ineligible to win.
6. Prizes will only be awarded to the person named on entry, subject to their entry complying
with these terms and conditions.
7. If for any reason, a prize or element of a prize is unclaimed by the Winner within 2 weeks of
the drawing date (i.e. by 12 May 2025) despite reasonable steps by the Promoter to
contact the Winner, the prize will be re-drawn at 5:00pm AEDT, on 26 March 2025 at Head
Office.
8. The Winner of the re-drawn prize will be:
a. notified by email within 7 days of the re-draw;
b. announced online at www.ellamayding.com.au within 7 days of the re-draw; and c.
published on the Promoter's social media accounts within 30 days of the re-draw and
will remain published for a minimum period of twenty-eight (28) days.
9. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the
Promoter will not be in any way liable to an Entrant, should the Entrant be found to be
ineligible to win the Competition.
Prizes
10. Prizes are provided on an "as is" basis and the Promoter will not make any modifications
to the Prizes at the Winner's request.
11. The Promoter will not be liable for any delivery of prizes to a wrong address or account due
to any error by the Winner.
12. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide
valid delivery details within the time frame specified by the Promoter, the Winner forfeits
the Prize and it will not be re-drawn.
13. The Promoter will not be liable for re-drawing or providing a replacement prize for any
Prizes that are not received by the Winner due to being lost in transit, stolen or due to any
failure to accept delivery by the Winner or due to any error in details provided by the
Winner.
14. The Prizes may contain goods or services from 3rd party brands. Unless otherwise
specified, the provision, advertisement or offer of prizes from a 3rd party brand does not
constitute any sponsorship, approval or endorsement of the good, service, content,
policies, practices or services offered by those parties.
15. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a
condition of entry, the Winner agrees that its details may be provided to the 3rd party prize
supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.
Personal information
16. As a condition of entering this Competition, Entrants agree to provide personal information
to the Promoter. Personal information collected during the course of this Competition will
be dealt with in accordance with the Promoter’s Privacy Policy, located at
www.ellamayding.com.au. Personal information submitted may be provided to third parties
for the purpose of administering this Promotion and distributing the prizes, including to
agents, contractors and prize suppliers. The Promoter may also use this personal
information to contact you regarding, marketing, offers or Promotions from time to time.
17. As a condition of entry, each Entrant agrees that the Promoter may use their name (either
in full or in part), likeness, voice and image (including any photograph and film) in any
marketing and promotion of any products manufactured, distributed and/or supplied by the
Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for
such use.
Intellectual property
18. By uploading, publishing, transmitting or making available any data, content or other
material in connection with this Competition (Entrant Content), the Entrant agrees to grant
the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free,
perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate,
reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from,
distribute and display in any form, any such content, including but not limited to text,
images, videos, graphics, audio and photographs without attribution.
19. The Entrant warrants and represents that:
(a) it holds all the intellectual property rights to the Entrant Content;
(b) it has the authority and licence to upload, make available and licence the Entrant
Content to the Promoter; and
(c) the Promoter’s use of the content will not infringe or violate any third-party rights,
including but not limited to defamation, intellectual property rights, moral rights and
privacy rights and will not give rise to an obligation to make any payment to a third
party.
20. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest
extent of the law, the Promoter shall not be liable in any way for such Entrant Content
Reservation of rights
21. The Promoter reserves the right to request each winner to provide proof of identity or proof
of residency at the address specified in their submission in order to claim a prize. Proof of
identification and residency is at the absolute discretion of the Promoter. In the event that
a Winner cannot provide suitable proof, the Winner will forfeit the prize, and no substitute
will be offered.
22. The Promoter may, in its absolute discretion, modify or cancel the Competition and may
administer this Competition in the manner that it considers appropriate in accordance with
Australian law, including where the Competition is not capable of running as planned, such
as where there has been infection by computer virus, bugs, tampering, unauthorised
intervention, fraud, technical failures or any other causes beyond the control of the
Promoter which corrupt or affect the administration security, fairness, integrity or proper
conduct of the Competition.
23. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or
is suspected by the Promoter to have:
(a) breached any of these terms and conditions;
(b) tampered with the entry process or the Competition;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper
conduct of the Competition or the reputation of the Promoter.
Instagram terms
24. The Competition is in no way sponsored, endorsed or administered by, or associated with
www.instagram.com and its related mobile application, both being owned by Instagram,
Inc. (Instagram).
25. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising
out of or in connection with the Competition.
26. The Entrant must not:
(a) harass or bully any other person, use offensive language, use language that defames
the Promoter, or use language that negatively impacts or intends to negatively impact
the reputation of the Promoter;
(b) use electronic programs, bots or similar technology to automatically submit entries;
(c) use multiple Instagram accounts to enter the Competition; or
(d) tag other accounts owned or controlled by the Entrant to enter the Competition and
agrees that it will only tag genuine friends or family in their entry,
and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these
terms and remove any such entries from the Competition.
Exclusion of liability
27. The Promoter will not be liable for any late, lost or misdirected entries including due to
technical disruptions, delayed or misplaced postage, network congestion or for any other
reason. To the maximum extent permitted by law, the Promoter will not accept any liability
for any error, omission or failure to administer this Competition.
28. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify
and hold harmless the Promoter (including its officers, employees, agents and
contractors), from and against, all liability (including negligence), actions, claims, costs,
losses or expenses arising out of or in connection with: any act, omission, negligence,
fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its
nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of
any prize(s) and participation in the Competition, including (but not limited to) loss of
income, damage to property and personal injury whether direct or consequential,
foreseeable, due to some negligent act or omission or otherwise.
29. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) 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 Competition, including, but
not limited to, where arising out of the following:
(a) inaccurate or incorrect transcription of entry information;
(b) any technical difficulties or equipment malfunction, malfunction of any telephone
network or lines, computer online systems or network, servers or providers, computer
equipment, or software (whether or not under Promoter ’s control);
(c) the unavailability or inaccessibility of any service whether or not caused by traffic
congestion on the Internet or at any website;
(d) any theft, unauthorised access or third party interference;
(e) electronic or human error which may occur in the administration of the Competition;
(f) any variation in prize value as stated in the Schedule;
(g) any tax liability incurred by a Winner or Entrant;
(h) redemption or use of a prize; and
(i) any act or omission, deliberate or negligent, by the Promoter, or its employees or
agents, in connection with the arrangement for supply, or the supply, of any goods or
services by any person to a Winner and, where applicable, to any family/persons
accompanying a Winner.
30. To the maximum extent permitted by law, the Promoter's total aggregate liability to the
Entrant under or in any way connected with these terms and conditions and the
Competition, or the performance or non-performance of these terms and conditions is
limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three
(3) month period immediately preceding the date on which the relevant claim arose, which
may be zero.
General
31. These terms and conditions are governed by and will be construed under the laws of
Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria
and its appellate courts.
32. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of
those rights.
33. Capitalised terms used throughout these terms and conditions are defined in the Schedule
unless specified otherwise.
Authorised under the following licence numbers: NSW Authority No. TP/03760. NSW
Notification No. NTP/12468.