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Competition Terms and Conditions

MESHKI WIN A CAR  – COMPETITION TERMS AND CONDITIONS



These Terms and Conditions apply in respect of the Competition organised by, and promoted on the Platforms by, the Promoter. 


By entering the Competition, you agree that you have read, understood and agree to be bound by these Terms and Conditions.


NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF PROMOTER’S PRODUCTS OR SERVICES DOES NOT ENHANCE CHANCES OF WINNING.


  • Definitions
    •

    In these Terms and Conditions, unless otherwise provided:

    1. AEST means Australian Eastern Standard Time.
    2. Business Day means a day that is not a Saturday, Sunday, or a bank holiday or public holiday in Sydney, Australia. 
    3. Competition means the MESHKI Win a Car Competition, advertised on the Platforms;
    4. Competition UGC means any user generated content (including, but not limited to, any photos, videos or copy) which you provide to the Promoter as part of, in connection with, or related to the Competition in any way, and includes, but is not limited to, any Winner UGC.
    5. Competition Period means 10am  AEST on 12 May 2022 to 11:59pm AEST on 23 June 2022.
    6. Competition Post means any post to the grid of the Instagram Account inviting entries into the Competition.
    7. Draw Date means 30 June 2022 at 10am AEST.
    8. Eligible Entrants mean:
      1. Legal residents currently residing of Australia or the United States of America, who are 18 years of age or older, and have a valid driver's license at all material times of the Competition; and
      2. who are not an officer, contractor or employee, or a relative or someone who resides with an officer, contractor or employee of the Promoter, or anyone associated with the conducting of the Competition and the drawing of the Winner.
    9. Entry Form means the entry form available for completing via either of the following links - www.meshki.com.au/pages/competitions or www.meshki.us/pages/competitions.
    10. Entry Methods mean any of the following options:
    1. Follow the Instagram Account and then fully complete and submit the Entry Form;
    2. Like any Competition Post and then fully complete and submit the Entry Form;
    3. Tag a friend in the comments on any Competition Post and then fully complete and submit the Entry Form;
    4. Make a purchase of any goods from the Promoter via either of the Websites of $50AUD or $40USD or more (excluding any shipping costs) during the Competition Period and then fully complete and submit the Entry Form, also during the Competition Period. Each whole $50AUD or $40USD spent (excluding shipping costs) in one single transaction offers 1 free entry to the Competition, provided that the Entry Form has also been completed and submitted by the entrant. For example, if you spend AUD$275 (excluding shipping costs) in one transaction and then complete and submit the Entry Form, you will gain 5 free entries into the Competition. For clarity, $50AUD or $40USD spent in separate transactions (i.e. 2 separate transactions of $25 (AUD or USD) each will not qualify to obtain 1 free entry into the Competition).
    1. Instagram Account means the Instagram account with handle @meshki.
    2. Local Tesla Dealership means the Tesla dealership in Australia or the United States of America, which is geographically closest to the address of the Winner. 
    3. Maximum Number of Entries means 200 total entries in the Competition per individual entrant.
    4. Platforms mean Instagram, TikTok and the Website. 
    5. Promoter means MESHKI PTY LTD (ACN 606 524 878) of Suite 6.21, 75 Mary Street, St Peters, NSW, 2044 with contact phone number +61 2 9519 4249.
    6. Prize means:
      1. a white Tesla Car Model 3 – Rear Wheel Drive valued at up to AUD $65,625 (USD$49,940) together with the inclusions set out below, depending on the location of the Winner; and 
      2. a MESHKI Gift Card issued in the amount of $1000AUD if the Winner is located in Australia or $750USD if the Winner is located in the USA, which will be issued on the usual terms and conditions in which Gift Cards are issued by the Promoter in the relevant jurisdiction.

    If the Winner is located in Australia: the Prize will also include the payment of an initial 12 months vehicle registration, compulsory third-party insurance for the vehicle and stamp duty (valued at $3,436).

    If the Winner is located in the USA: the Prize will also include an additional cash payment of USD$12,485 (being 25% of the ARV), for the Winner to use to pay required US income taxes. Any applicable registration costs or further taxes or duties of any nature in the destination country will be the responsibility of the Winner.

    1. Replacement Draw Date has the meaning given to the term in clause 9(c) of these Terms and Conditions. 
    2. Total Prize Value is AUD $70,061 if the Winner is located in Australia or USD$63,175 if the Winner is located in the USA.
    3. Website means meshki.com.au or meshki.us.
    4. Winner means the person drawn as the winner of the Competition in accordance with these Terms and Conditions. 
    5. Winner UGC has the meaning given to the term in clause 11(b)(a) of these Terms and Conditions.

  • Competition Period

    • Entries to the Competition must be submitted during the Competition Period.

     

  • How to Enter

    1. Entry to the Competition is open only to Eligible Entrants. 
    2. In order to enter the Competition, Eligible Entrants must, during the Competition Period, perform one or more of the Entry Methods.
    3. Entry must be received by the Promoter during the Competition Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Eligible Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of the receipt of an entry into the Competition. 
    4. Eligible Entrants may undertake more than one Entry Method to gain multiple entries into the Competition, up to the Maximum Number of Entries.
    5. If submitting multiple entries into the Competition, Eligible Entrants only need to complete and submit the Entry Form once. For clarity and by way of example, if an Eligible Entrant has, during the Competition Period, made a purchase from the Promoter in the amount of $100, followed the Instagram Account and tagged one friend in a Competition Post, the Eligible Entrant may complete the Entry Form during the Competition Period once to gain 4 free entries into the Competition based on those specific steps undertaken by the Eligible Entrant during the Competition Period. The Promoter will verify entries received from each Eligible Entrant by cross checking the email address and Instagram handle of the entrant as noted on the Entry Form. If an Eligible Entrant then subsequently likes a Competition Post and tags another friend in a Competition Post after completing the Entry Form, those additional entry steps will be counted as additional entries (up to the Maximum Number of Entries) provided that the same Instagram account noted in the Entry Form is used to undertake those additional entry steps. 
    6. The Competition is subject to compliance with all applicable laws and regulations.
    7. You must not create multiple social media accounts for the purpose of entering the Competition, or use multiple social media accounts in an attempt to gain more than the Maximum Number of Entries into the Competition. 
    8. You must enter the Competition personally, and not on behalf of another party.
    9. You must not enter the Competition in the name of any third party, and must only provide your own personal details on the Entry Form.  

  • Prize

    1. The prize for the Competition is the Prize, which is valued at the Total Prize Value.
    2. Any additional costs, such as full comprehensive insurance, modifications or other options, fuel, servicing, maintenance and repairs and all other ancillary costs associated with the Prize or use and enjoyment of the Prize are the responsibility of the Winner.
    3. Save as otherwise expressly set out herein, the Promoter accepts no responsibility for any liability, claims, costs or expenses arising out of, or in any way connected with the Winner’s use and enjoyment of the Prize. The Winner releases and holds the Promoter harmless from any such liability. Subject to applicable law, the Prize is offered "as is" without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. The Promoter is not responsible for replacing the Prize if damaged. The Winner must look to the Prize's manufacturer for potential guarantees or warranties of any kind.
    4. The Total Prize Value is, to the best of the Promoter's knowledge, correct and current based on the recommended retail price of the vehicle and on-road costs as at the date of the commencement of the Competition. The Promoter accepts no responsibility for any variation in Total Prize Value.
    5. Unless otherwise expressly stated as being included in the Prize, all other costs and expenses associated with taking the Prize become the responsibility of the Winner. 
    6. The Promoter recommends that the Winner takes out and maintains a full comprehensive insurance policy in respect of the vehicle prior to taking the Prize and accepts no liability for the Winner failing to do so prior to taking the Prize. 

  • Invalid Entries, Disqualification and Termination

    1. Entrants must only enter the Competition using their own legal name, residential address, valid email address, phone number, instagram account handle and must check the relevant boxes to confirm their age and acceptance of these Terms and Conditions. Any entries deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, either before or after the draw, be deemed invalid and disqualified. 
    2. Any entries submitted outside of the Competition Period will be invalid and disregarded. 
    3. All entries that are incomplete (for example, have made a purchase over AUD$50 from the Promoter, but failed to complete and submit the Entry Form, or have submitted an Entry Form without undertaking any of the other required steps) or fail to comply with these Terms and Conditions will be disqualified from the Competition.
    4. The Promoter reserves the right to disqualify an entry at any time if the Promoter reasonably believes that the entrant is not an Eligible Entrant or has submitted any false or misleading entries (such as submitting an Entry Form claiming to have tagged a friend in a Competition Post when it is found that they have not, or where the entrant is unable to provide evidence of their residence in Australia or the United States of America) or otherwise fails to claim the Prize as set out in these Terms and Conditions if they are drawn as a Winner.
    5. Any and all entries that are made using any means of automated entry enabling an individual to automatically enter repeatedly are invalid and will be disregarded by the Promoter. 
    6. The Promoter will disregard any entries submitted in excess of the Maximum Number of Entries by any entrant. 
    7. The Promoter may, at its absolute discretion declare any or all entries made by an entrant to be invalid if the entrant:
      1. fails to establish their entitlement to win the Prize to the Promoter's satisfaction (acting reasonably);
      2. fails to comply with these Terms and Conditions;
      3. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; 
      4. fails to produce items required by these Terms and Conditions, or produces items that appear to be illegible, stolen, altered, forged, incomplete or tampered with in any way; or
      5. has, in the opinion of the Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter. 
    8. If this Competition is interfered with or tampered 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, strike, war, acts of God, any act of terrorism, or any other cause beyond the reasonable control of the Promotor, the Promoter reserves the right, in its sole discretion, subject to State or Territory regulations, to the fullest extent permitted by law:
      1. to disqualify any entrant; or
      2. to modify, vary, suspend, postpone, terminate or cancel the Competition, as considered appropriate by the Promoter. 

  • Drawing of a Winner

    1. The Competition constitutes only a game of chance. Odds of winning depend on the number of entries received.
    2. The Winner will be determined at random, from all entries which appear to the Promoter to be valid and complete, using an approved electronic random number generator on the Draw Date from the Promotor’s principal place of business in St Peters, New South Wales, in the presence of a scrutineer. 
    3. Each valid entry into the Competition has an equal and a random chance of being drawn as the winner of the Prize.
    4. If you enter the Competition more than once via any combination of the Entry Methods, you as an entrant, may have a greater chance of winning the Prize than someone who only enters once, but you may only gain up to the Maximum Number of Entries. 
    5. The Winner should seek independent financial advice at the Winner’s sole expense regarding any tax implications relating to the Prize or acceptance of the Prize. 

  • Winner Announcement

    1. The Promoter will draw the Winner of the Prize and take steps to verify that the Winner drawn has validly won the Prize prior to making an announcement of the Winner on the Instagram Account. 
    2. The first initial, surname and postcode of any individual drawn as a Winner of the Prize on the Draw Date (or any Replacement Draw Date, as the case may be) will be displayed on the Website within seven (7) days of the Draw Date (or Replacement Draw Date, as the case may be), and will be subject to the Promoter verifying that the Winner drawn has validly won the Prize. 
    3. Once the valid Winner has been determined, the Promoter will, within seven (7) days of declaring the individual as a valid Winner of the Prize, display the Winner’s first initial, last name, postcode and social media handle:
      1. in a post announcing the Winner on the Instagram Account;
      2. in a story announcing the Winner on the Instagram Account; and
      3. on the Website, by noting that the Winner drawn has been verified as a valid Winner of the Prize.
    4. Once drawn as a Winner of the Prize, the Winner will be notified by a representative of the Promoter that they have been drawn as the Winner of the Prize within three (3) days of the Draw Date (or Replacement Draw Date as the case may be) by:
      1. email to the email address that they noted on the Entry Form; 
      2. phone call to the Winner on the phone number that they noted on the Entry Form; and
      3. Direct Message via Instagram to the Instagram account they noted on the Entry Form. 
    1. c) Unsuccessful entrants of the Competition will not be individually notified that they have been unsuccessful in the Competition.

     

  • Claiming the Prize

    1. In order to claim the Prize, the Winner must send an email to the Promoter at ecommerce@meshki.com.au within one (1) calendar month of the Promoter notifying the Winner that they have been drawn as the Winner of the Prize, providing a copy of the Winner’s current valid drivers licence, full name, date of birth, residential address (which must be within Australia or the United States of America) and any other information or documentation reasonably requested by the Promoter in order to verify that the Winner was an Eligible Entrant, and to enable the Promoter to award the Prize. 
    2. The vehicle included in the Prize will be ordered by the Promoter from the Local Tesla Dealership within 28 days of the ultimate Winner being determined, subject to the Winner providing all information reasonably requested by the Promoter in order to arrange for the ordering of the vehicle. The Prize will be delivered to the Winner at the Winner’s residential address within Australia or the United States of America (as the case may be), or will be available for the Winner’s collection from the Local Tesla Dealership (at the Winner’s option) within six to nine months of the date of order (dependant on the availability of the vehicle at the time of order), subject to any manufacture or shipping delays experienced by the Local Tesla Dealership, outside of the Promoter’s reasonable control.
    3. The Winner must sign all documentation reasonably requested by the Promoter within 14 days of the Promoter’s request in order to register the Prize in the name of the Winner.
    4. The Prize is not redeemable for cash and is not transferable.
    5. The Prize must be taken as offered and will not be varied.
    6. If the Prize is unavailable due to no fault on the part of the Promoter, the Promoter, in its discretion, subject to State or Territory regulations, reserves the right to substitute the Prize with another prize of equal or greater value.
    7. In entering the Competition, the Winner waives all rights to benefit from any incentives, rebates or exemptions associated with the purchase of the Prize by the Promoter, and acknowledges and agrees that the Promoter will not provide any assistance to the Winner in relation to making enquiries about, or making any application for, any incentives, rebates or exemptions associated with the Prize.
    8. Upon delivery to, or collection of the Prize by, the Winner, the Winner agrees to fully release the Promoter from any further liability in connection with the Prize, and agrees to sign a release in a form determined by the Promoter in their absolute discretion.  

  • Redraws

    1. In the event that any Winner:
      1. fails to perform the steps required in clause 8(a) of these Terms and Conditions within the timeframe required; or 
      2. is unable to produce any such evidence reasonably requested by the Promoter, or sign any documentation reasonably requested by the Promoter, as set out in clause 8 of these Terms and Conditions;

    the Promoter reserves the right to disqualify that person from the Competition and draw an alternative Winner (“Replacement Winner”).

    1. If the Winner chooses not to accept the Prize, or it is forfeited, the Promoter will draw a Replacement Winner. 
    2. Any further draw required to take place to select a Replacement Winner will again be determined at random, using the same approved electronic number generator, from the same pool of entrants (minus any disqualified or forfeiting winner) and will take place within five (5) Business Days of the previous drawn Winner being disqualified, as contemplated in clause 9(a) of these Terms and Conditions, or forfeiting the Prize as contemplated under clause 9(b) of these Terms and Conditions (“Replacement Draw Date”).
    3. The same process set out in clauses 7 and 8 will be followed to announce any Replacement Winner and to award the Prize to that Replacement Winner, save that the announcement of any Replacement Winner on the Website will be within seven (7) days of the Replacement Draw Date.
    4. Any number of redraws following the same process may occur until a final Winner is determined and awarded the Prize. 

     

  • Personal Information

    1. In order to conduct the Competition, the Promoter will collect some personal information from you. Your entry into the Competition is conditional on providing the Promoter with the personal information requested. 
    2. The Promoter will handle any personal information collected from you in accordance with its Privacy Policy available via https://www.meshki.com.au/pages/privacy-policy-1 or https://www.meshki.us/pages/privacy-policy-1 and these Terms and Conditions. To the extent of any inconsistency between the Privacy Policy and these Terms and Conditions, these Terms and Conditions will apply in respect of personal information collected as part of the Competition.  
    3. The Promoter may disclose your personal information to third parties, including but not limited to the Promoter’s employees, agents, contractors, platform providers, electronic direct mail providers, service providers, electronic random number generator providers, the Local Tesla Dealership, the third party insurer, any relevant government authorities, any shipping or courier services utilized in the delivery of the Prize and the relevant authority for the purpose of the initial registration (if applicable). 
    4. By entering into the Competition, you consent to the Promoter using the personal information provided by you for the purpose of administering the Competition, awarding the Prize and for general ongoing promotional, marketing, publicity, research and profiling purposes, including contacting you or direct marketing the Promoter’s business and product and service offerings to you following the Competition. You may opt-out of any marketing communications using the options available in any communication sent to you by the Promoter.

  • Publicity and Intellectual Property

    1. By entering the Competition, and regardless of whether you are declared to be the Winner, you irrevocably:
      1. consent to the Promoter using:
        1. your name, social media handle and / or likeness; and
        2. any Competition UGC in which you personally appear; 

    in its advertising or promotion of the Competition generally, in the Promoter’s public relations and marketing and advertising of the Promoter generally, as well as the advertising of any future similar competitions conducted by the Promoter, in any medium, without any payment to you;

    1. assign to the Promoter all intellectual property rights in any Competition UGC;
    2. warrant in favour of the Promoter that:
      1. any Competition UGC, and the Promoter’s use of your Competition UGC in accordance with these terms and conditions will not constitute a breach of any third-party intellectual property rights; and
      2. if the Competition UGC has any natural person depicted, that natural person has provided their prior written consent to be featured as depicted; and

    you agree to indemnify the Promoter and its employees, contractors, officers and agents for any liability, loss, cost or expense that the Promoter or its employees, contractors, officers and agents suffers or incurs as a result of, or arising out of, your breach of this warranty; and

    1. consent to the Promoter cropping, editing or altering any Competition UGC or undertaking any acts or omissions in relation to the Competition UGC which might otherwise constitute a breach of your moral rights.
    1. If you are declared as the Winner of the Competition, you agree to:
      1. create and provide the following to the Promoter within 5 Business Days after having received the Prize (“Winner UGC”):
        1. a minimum of 5x high resolution photos of the Winner with the vehicle included as part of the Prize; and
        2. a video of at least 60 seconds length showing yourself with the vehicle included as part of the Prize.
      2. within the three (3) month period immediately following the receiving of the Prize, participate in any promotional activity reasonably requested by the Promoter, in connection with the Competition or the Prize;
      3. provide comments about the Competition and / or a photo or video clip of yourself discussing your involvement in the Competition, including, but not limited to, the Winner UGC;
      4. consent to the Promoter (or its representatives, officers, employees, contractors or agents) filming and / or photographing you receiving the Prize (either at your residential address or at the Local Tesla Dealership, as you select) and using that content in its advertising or promotion of the Competition generally, in the Promoter’s public relations and marketing and advertising of the Promoter and its goods generally, as well as the advertising of any future similar competitions conducted by the Promoter, in any medium, without any payment to you.

  • Liability

    1. 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 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 officers, employees, contractors and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including, but not limited to, loss of or damage to property, loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of, or related to, the Competition or the Prize.
    2. 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, but not limited to, loss or damage to property, loss of opportunity or loss of profit); whether direct, indirect, special or consequential, arising in any way out of: 
    1. any technical failure or related issues (whether or not under the Promoter’s control); 
    2. any entry that is received after the Competition Period;
    3. any claim of the Prize outside of the claim procedure requirements;
    4. any failure on the part of the Winner to provide any identity evidence or other information or documentation reasonably requested by the Promoter;
    5. unavailability or inaccessibility of the Instagram Account, either Website and / or the Entry Form during the Competition Period;
    6. electronic or human error;
    7. an entrant failing to provide accurate information at the time of entry or when claiming the Prize;
    8. any entry or claim of the Prizes that is not received by the Promoter as required for any reason beyond the reasonable control of the Promoter; 
    9. taking of and use of any of the Prize;
    10. any theft, unauthorised access or third party interference in the Competition; 
    11. any damage to the Prize after it has been provided to the Winner; or
    12. any tax liability incurred by the Winner. 
    1. To the extent that any liability, loss or damages cannot be excluded, but can be limited, the Promoter limits its liability for them to the minimum amount permitted by law.   
    2. To the maximum extent permitted by law, the Promoter makes no warranties or representations about the fitness for purpose or suitability of the Prize and accepts no responsibility for the quality or fitness for any purpose of the Prize, or the failure of the Prize to be of merchantable quality. If the Promoter’s liability cannot be excluded but can be limited, the liability of the Promoter is limited to re-supplying the relevant goods or services or paying the cost of repairing or replacing them.
    3. The Promoter is not responsible for any entries unable to be counted as valid entries where the Eligible Entrant has used multiple social media accounts to enter the Competition which cannot be linked to a social media account referenced in an Entry Form. 

  • General

    1. The decisions of the Promoter in relation to the Competition are final, and no correspondence will be entered into. 
    2. You are responsible for any costs associated with accessing the Instagram Account and the Entry Form via your internet service provider and any purchase of goods made by you from the Promoter.
    3. The Prize and participation in the Competition generally may be subject to additional terms and conditions imposed by third parties. The Promoter does not accept any responsibility and is not liable for any additional terms and conditions imposed on the taking of the Prize or the participation in the Competition. 
    4. By entering the Competition, you expressly acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with Meta or TikTok and is no way sponsored, endorsed or administered by the Local Tesla Dealership, or Tesla generally. 
    5. In participating in the Competition, you are providing your information to the Promoter. To the extent permitted by law, you release Meta and TikTok from any and all liability in relation to the Competition.
    6. The Competition may be promoted through third party websites and various social media platforms, including, but not limited to, the Platforms. You must comply with the terms for those third party websites and social media platforms when using them to participate in the Competition. The Promoter is not responsible for any privacy practices adopted by any third party websites or social media platforms.
    7. These Terms and Conditions are governed by the laws of New South Wales, Australia, without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
    8. If any term, provision or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
    9. Failure by the Promoter to enforce any of its rights in relation not the Competition at any time does not constitute a waiver of those rights. 
    10. The Competition is conducted under the following permits and authorities: TP/01818 (NSW), TP 22/00725 (ACT), T22/548 (SA).