“NEWTRACS PREMIUM CASH GIVEAWAY” PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter and the prizes 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 (excluding SA) aged 17 years or over who are or become Newtracs Premium members. In order to be eligible to win a prize, entrants must have an existing Newtracs Premium subscription at the time of the draw.

3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

4. Employees (and their immediate families) of the Promoter, Participating Stores (defined below) 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 cousin.

5. Entries into the promotion open on 22/08/24 and close at 11:59pm AEDT on 01/12/2024 (“Promotional Period”).

6. To be eligible to enter and receive one (1) automatic entry into the draw, individuals must, during the Promotional Period, hold a Premium Newtracs membership or become a Newtracs Premium member (if not already an existing Newtracs Premium member). To become a Newtracs Premium member, entrants must either download the Newtracs App or visit https://www.newtracs.com, sign up and purchase a Premium subscription. Entrants will receive additional entries into the draw as follows:

• One (1) additional automatic entry for every thirty (30) day period they hold a Newtracs Premium subscription during the Promotional Period (each a “Monthly Entry”); and
• One (1) bonus entry, on top of their initial entry and Monthly Entries, for every merchandise item they purchase from the Newtracs online store (each a “Bonus Entry”). Entrants must be logged into their Newtracs Premium membership account at the time of completing their purchase.
• For the sake of clarity, if an entrant has a Premium subscription with Newtracs throughout the entire Promotional Period and that entrant purchases one (1) merchandise item, they will receive one (1) initial entry, three (3) Monthly Entries and one (1) Bonus Entry into the draw (a total of five (5) entries into the draw).

7. Multiple entries permitted, subject to the following: (a) only one (1) initial entry permitted per Newtracs Premium subscription purchased; (b) a maximum of one (1) automatic Monthly Entry per 30 day period per person; and (c) only one (1) Bonus Entry permitted per merchandise item purchased in that transaction.

8. Only one (1) prize is permitted per person.

9. Entrants must retain a copy of their subscription purchase receipt and any merchandise purchase receipt(s) for their entries as proof of purchase. Failure to produce the proof of purchase for their entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the subscription purchased and any merchandise items purchased, and that the purchases were made during the Promotional Period.

10. 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 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.

11. Incomplete or indecipherable entries will be deemed invalid.

12. 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.

13. The draw will take place at Anisimoff Legal, G13, 3 Amy Close, Wyong NSW 2259 on 06/12/24 at 12:00pm AEDT, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by email within seven (7) days of the draw and their details will be published (first initial, surname and postcode) online at https://www.newtracs.com and via the Newtracs newsletter on 13/12/24.

14. The Promoter’s decision is final and no correspondence will be entered into.

15. The first valid entry drawn will win $10,000 cash (awarded in the form of an electronic funds transfer (“EFT”) into the winner’s nominated Australian bank account).  

16. The next valid entry drawn will win one (1) F4R FORMULA 4×4 LIFT KIT from Fulcrum Suspensions up to the value of $5,000 (installation of the F4R FORMULA 4×4 LIFT KIT is included in the prize unless the winner’s vehicle is not suitable for installation, or the winner does not own a vehicle). For clarity, If the F4R FORMULA 4×4 LIFT KIT is not suitable to be installed into a winner’s vehicle due to the model or type of vehicle or the winner does not own a vehicle, the installation component of the prize is not included and is not redeemable for cash. The installation component of the prize is subject to workshop availability and a prior inspection of the vehicle must be completed beforehand. Any additional costs such as transportation to and from the workshop are not included and are the winner’s responsibility. The F4R FORMULA 4×4 LIFT KIT must be claimed by 11:59 AEDT on 30/01/25 and the prize must be installed into the winner’s vehicle by 11:59pm AEST on 30/06/25.

17. The next valid entry drawn will win one (1) $1,000 Tracker Wheels voucher.

18. The next valid entry drawn will win a two (2) year free Premium Newtracs subscription and one (1) Newtracs merchandise pack (includes Newtracs branded stickers, stubby holder, beanie and bottle opener) valued at $230 together.

19. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

20. If a winner of the cash prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

21. Winners are responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.

22. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.

23. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value or specification, subject to any written directions from a regulatory authority.

24. Total prize pool value is up to $16,230.

25. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

26. A draw for any unclaimed prizes may take place on 06/02/25 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners, if any, will be notified by email within seven (7) days of the draw and their details will be published (first initial, surname and postcode) online at https://www.newtracs.com and via the Newtracs newsletter on 13/02/25.

27. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.

28. 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.

29. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

30. Any cost associated with accessing the Newtracs website or App is the entrant’s responsibility and is dependent on the Internet service provider used.

31. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

32. 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, as well as any other implied warranties under the ASIC Act 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.

33. 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 (excluding the cash prize) to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking of a prize.

34. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The entrants consent to the Promoter using their PI for these purposes or any other purposes set out in its Privacy Policy. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at newtracs.com/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.  Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

35. The Promoter is Newtracs Trading Pty Ltd (ABN 156 578 049 32) of 60 Bertie Street, Port Melbourne, 3207, telephone 1300 978 320 (“Promoter”).

ACT Permit No. TP24/01813. NSW Authority No. TP/03734.