“12 DAYS OF GIFTMAS” PROMOTION

CONDITIONS OF ENTRY

  1. Information on how to enter and the prizes form part of these Conditions of Entry. Participation in the “12 Days Of Giftmas” Promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.
  2. The Promotion commences at 12pm AEDT on 01/12/2016 and final entries close at 8pm AEDT on 12/12/2016 (“Promotional Period”).

Entrants

  1. Entry is only open to Australian residents who are 18 years or over (“Entrants”).
  2. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

Entry

  1. On each day of the Promotional Period, the Promoter will post details of a prize available to be won that day (“Daily Prize”) to www.gumtree.com.au/giftmas, the Promoter’s Facebook page at www.facebook.com/gumtreeaustralia, the Promoter’s Instagram page at @gumtreeaus and via any other method determined by the Promoter. Each Daily Prize will then appear as a free listing on Gumtree at a time sometime between the hours of 12pm AEDT and 8pm AEDT on that day (“Listing”). The exact time when the Listing will appear each day will be determined by the Promoter and its representatives in their discretion and will be kept secret. The Listing may not appear as a “new listing” but could be an “existing listing” (which up to that point would have been a blank listing), as determined by the Promoter in its discretion. To enter, Entrants must locate the Listing on the relevant day on Gumtree and respond to the Listing via the “Message” button, which appears on the Listing (“Entry”). Any other contact methods will NOT be accepted for the purposes of the promotion (e.g. ‘Live Chat’ with Gumtree Customer Support). The first valid Entry received each day will win the Daily Prize allocated to that day, as advertised. The Listing for each day will remain on Gumtree after the Daily Prize for that Listing has been won, however, once the Daily Prize for that Listing has been won and the winner verified, the Listing will be updated to state this. Entrants can still submit an Entry at this time (once the Daily Prize has been won) in order to enter the Second Chance Draw (as defined below). In the event that no Entries are received by 8pm AEDT after the Listing has been posted on a particular day, the Daily Prize corresponding to that Listing will be awarded in the unclaimed prize draw outlined below in clause 23.
  2. All Entrants (including the winners of a Daily Prize) who submit an Entry will have their Entry placed into the Second Chance Draw.
  3. There is a limit of one (1) Entry permitted per Entrant per Listing (i.e. per day) and a limit of one (1) Daily Prize per Entrant (excluding SA Entrants).
  4. 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.
  5. 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.
  6. The Promoter’s decision is final and no correspondence will be entered into.

Daily Prizes

  1. The following Daily Prizes will be available to be won, with the exact Daily Prize to be won each day advertised in accordance with clause 5 in each relevant Listing:
    • 1 x Element Surf Wildcat 6’4 surfboard valued at $795.00. Item is second hand but nearly new condition, originally purchased in 2016;
    • 1 x G&L Ascari GTS Tribute Fender Guitar in Trans Red valued at $750.00. Item is second hand but unused, originally purchased in 2016;
    • 1 x Sony Bravia 50” W80C HD Android TV with 3D & X-Reality valued at $1,499.00. Item is second hand but unused, originally purchased in 2016;
    • 1 x iPhone 7 Plus 32GB Black valued at $1,269.00. Item is second hand but unused, originally purchased in 2016;
    • 1 x Hana-Kiko 7-piece outdoor dining set in teak including 6 x folding chairs and 1 x 1900x1100 double extension table valued at $2,400.00. Item is second hand but unused, originally purchased in 2016;
    • 1 x Playstation 4 1TB Star Wars Battlefront limited edition bundle valued at $500.00. Item is second hand but unused, originally purchased in 2016;
    • 1 x Mimco ‘The Muse Tote’ handbag valued at $150.00. Item is second hand, used with minor wear and tear to clasp, originally purchased in 2016;
    • 1 x Giant TCR Advanced 0 size 43 carbon road bike valued at $1,900.00. Item is second hand, used with Selle SMP glider lady saddle upgrade and minor wear and tear to seat, paddles and bottle holders, originally purchased in 2011;
    • 1 x Thermomix TM31 valued at $1,200.00. Item is second hand but unused with partial original packaging, originally purchased in 2016;
    • 1 x Tiffany & Co. 0.36 carat brilliant cut diamond and platinum engagement ring valued at $6,500.00. Item is second hand used with accompanying certification, originally purchased in 2006;
    • 1 x Lego ‘Star Wars’ edition Red Five X-Wing Star Fighter kit valued at $460.00. Item is second hand but unused and in original packaging;
    • 1 x used 2014 Audi A1 8X MY14 Sportback 1.4 TFSI Attraction with automatic transmission in black valued at up to $23,200.00 including five (5) months registration, compulsory third party insurance and stamp duty (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The winner must collect the car from 1/63 Miller St, Pyrmont, Sydney, NSW 2009 or arrange freight at the winner’s own cost. If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
  2. All Daily Prize winners will be notified in writing by email within two (2) business days of winning a Daily Prize.

Second Chance Draw

  1. A second chance draw (“Second Chance Draw”) will take place at Handling Matters, 1/3 Green Street, Brookvale NSW 2100 on 13/12/2016 at 4pm AEDT from all entries received during the Promotional Period. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

Second Chance Draw Prize

  1. The first valid entry drawn in the Second Chance Draw will win a used 2015 Harley Davidson Street 500 (XG500) motorcycle with manual transmission. Total prize value is up to $10,000 including ten (10) months registration, compulsory third party insurance and stamp duty (which may vary State by State). Additional accessories have been added to the motorcycle by the previous owner including vance and hines comp pipe, screaming eagle air intake, screaming eagle race tunner, progressive 2inch lower shocks, tail eliminator and burleigh bars 10inch high balls. Additional insurance, petrol and all other ancillary costs are the responsibility of the winner. The winner must collect the prize from 1/63 Miller St, Pyrmont, Sydney, NSW 2009 or arrange freight at the winner’s own cost.
  2. If the Second Chance Draw winner is, through any legal incapacity or otherwise, unable to register the motorcycle in their own name, then the winner may assign the motorcycle to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the motorcycle is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
  3. The Second Chance Draw winner will be notified in writing by email within two (2) business days of the draw date.

General

  1. All winners will be published online at www.gumtree.com.au/giftmas from 15/12/16. Unless stated otherwise in these Terms and Conditions, the prizes will be delivered to the winner’s nominated address in Australia only.
  2. Winners acknowledge that all of the prizes offered as part of this Promotion are second hand items that may have incurred damage prior to their purchase by the Promoter and are provided “as is” to the winners. The Promoter makes no representation or warranty that the items are new or offered in new condition. The only warranty given by the Promoter with respect to the second hand Harley Davidson motorcycle and the Audi A1 A1 Sportback 1.4 is that they are roadworthy when given to the winners. To the extent permitted by law, no extended warranty is given on any of the prizes.
  3. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  4. If any prize (or part of any 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, subject to any written directions from a regulatory authority.
  5. Total prize pool value is up to $50,623.00.
  6. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  7. A draw for any unclaimed prizes may take place on 13/03/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing by email within two (2) business days of the draw and their names be published online at www.gumtree.com.au/giftmas from 17/03/17.
  8. ‘iPad’ and ‘iPhone’ are each a trademark of Apple Inc. Apple Inc. is not a participant in or sponsor of this promotion.
  9. 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.
  10. 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.
  11. Entrants consent to: (a) appearing in a reasonable number of PR activities and interviews, as determined by the Promoter, in order to publicise the promotion and the Promoter; and (b) 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.
  12. 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.
  13. Any cost associated with accessing the promotional website is the Entrant’s responsibility and is dependent on the Internet service provider used.
  14. 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.
  15. 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) any tax liability incurred by a winner or Entrant; or (f) use of a prize / taking of a prize.
  16. As a condition of accepting the prize, winners 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.
  17. 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 Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://help.gumtree.com.au/AU/articles/en_US/KB_Article/Gumtree-Privacy-Policy-AU?vgroup1=PKB&c=PKB%3APolicies&vcategory2=General_Policies&s . 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. The Promoter will disclose Entrant’s personal information overseas – see Privacy Policy for details.
  18. Any questions or complaints in relation to the Promotion should be sent to the Promoter directly at the contact details provided in clause 35 below.
  19. The Promoter is eBay Australia and New Zealand Pty Ltd ABN 22 086 288 888 of 1 York Street, Sydney, NSW 2000, telephone: 02 8288 0000 on behalf of Marktplaats B.V of Wibautstraat 224-2, 1097 Amsterdam, DN, The Netherlands. NSW Permit No. LTPS/16/09469 ACT Permit No. TP16/02342 SA Permit No. T16/2134