“Win a Mercedes-Benz” Competition

Terms and conditions

1.  Information on how to enter and prize information form part of these terms and conditions of entry. Entry into the “Win a Mercedes-Benz” Competition (the Competition) is deemed acceptance of these terms and conditions.

2.  To the extent of any inconsistency between any information published regarding this Competition and these terms and conditions, these terms and conditions will prevail.

3.  The Promoter is Goodyear & Dunlop Tyres (Aust) Pty Ltd (ABN 86 004 098 346) of Part Level 5, 10-16 Queen Street, Melbourne, Victoria 3000, Australia (Promoter).

Competition Period

4.  Competition commences at 9am AEST on 4 November 2024 and entries will close at 11:59pm AEST on 31 January 2025 (Competition Period).

Eligible and non-eligible entrants

5.  Subject to clause 6, entry is only open to individuals who are Australian residents aged 18 years or older (Eligible Entrants).

6.  Employees (and their immediate families) of the Promoter, Goodyear Autocare, Dunlop Super Dealers and agencies associated with this Competition, are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin.

How to enter the Competition

7.  To enter the Competition, an Eligible Entrant must, at its own cost, during the Competition Period:

1. purchase any two (2) Goodyear branded passenger, sport utility vehicle (SUV), sport or 4x4 tyres with 17” rim size or above in one transaction (Qualifying Purchase) at any participating Goodyear Autocare Store or Dunlop Super Dealer store displaying the promotional material for this Competition in store during the Competition Period (Participating Store);
2. accurately complete the Competition form in full on the promotional page at https://www.goodyear.com.au/winamercedesbenz including:
   1. detailing proof of Qualifying Purchase from a Participating Store including store name, number of Goodyear tyres purchased, rim size of the tyres and type of vehicle the tyres were purchased for;
   2. current contact information including full name, mobile number, email address;
   3. agree to these Terms and Conditions and click submit to finalise your entry; and
3. and until the Redemption Date (or such later period if the Main Prize or Secondary Prize (as applicable) is not claimed), retain their original purchase receipt (Proof of Purchase) which corresponds to each entry in the Competition.

8.  Eligible Entrants receive:

1. one (1) entry into a process of random selection to win the Main Prize for a Qualifying Purchase at a Participating Store in accordance with clause 7 and where the Participating Store was a Goodyear Autocare Store, one entry into a process of random selection to win the Secondary Prize. For the avoidance of doubt, Eligible Entrants who make a Qualifying Purchase at a Participating Store that is a Dunlop Super Dealer, are not eligible to win a Secondary Prize;
2. three (3) entries into a process of random selection to win the Main Prize for two or more Qualifying Purchases in the one transaction (totalling 4 or more tyres) at a Participating Store in accordance with clause 7 and, where the Participating Store was a Goodyear Autocare store, three (3) entries into a process of random selection to win the Secondary Prize. For the avoidance of doubt, Eligible Entrants who make a Qualifying Purchase at a Participating Store that is a Dunlop Super Dealer, are not eligible to win a Secondary Prize; and
3. on-screen notification confirming their entry has been received.

9.  Multiple entries are permitted per person to win the Main Prize, and for Goodyear Autocare Qualifying Purchases, Secondary Prizes, provided each entry and associated transaction is unique and fulfills the requirements in clause 7 however to gain three (3) entries two or more Qualifying Purchases (being four or more tyres as defined above) must be made in one transaction at a Participating Store per clause 8b.

10.  The Promoter reserves the right, at any time, but is not obligated, to verify the validity of entries and Eligible Entrants (including an Eligible 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 Competition. 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. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

11.  Incomplete or indecipherable entries, or entries that do not meet the qualifying requirements, will be deemed invalid where identified as such.

12.  The Eligible Entrant’s name on the entry and the Proof of Purchase must correspond with the name of the Eligible Entrant’s personal and legal identification documents. A winning entry with only initials, a given name, family name or reference to a family as the Eligible Entrant cannot be correctly identified and is therefore invalid and not entitled to receive the Prize. Eligible Entrants who enter under multiples aliases will be disqualified.

13.  The Promoter is not responsible for any late, lost, incomplete or misdirected entries.

14.  The time of entry will be deemed to be the time the entry is received by the Promoter.

15.  The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter the Competition repeatedly is prohibited and will render entries submitted using such means invalid.

Locations

16.  The Competition runs at Participating Stores throughout Australia.

Main Prize

17.  There is one (1) prize available to all Eligible Entrants which is Mercedes-Benz GLA 200 City Edition with Goodyear tyres fitted, valued at $66,900 (Main Prize). The Promoter accepts no responsibility for changes in the Main Prize value between the time of printing/publishing these terms and conditions and the ultimate prize redemption.

18.  Winner selection for the Main Prize will take place at the Promoter's agency, Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250. One (1) eligible entry will be drawn by electronic random draw on Thursday, 6 February 2025 at 11:00am AEST. The first eligible entry drawn randomly at the draw will be the Main Prize Winner. This is a game of chance.

19.  Three (3) additional reserve entries may be drawn and recorded in order at the draw in case of an invalid entry, ineligible entrant, or if the Main Prize is not claimed by an initial Main Prize winner.

20.  The Main Prize winner will be notified by email on their email address provided during their Qualifying Purchase at the Participating Store and on the entry form. Such notification will confirm the prize they have won (subject to clause 23) and the particulars of how the prize is to be delivered or collected. The last name, initial of the first name and postcode of the winner will also be advertised on the Goodyear website https://www.goodyear.com.au/winamercedesbenz within three (3) business days after the draw.

Claiming the Main Prize

21.  The Main Prize winner must claim their prize by confirming their contact and Qualifying Purchase details by return message to the Promoter within fourteen (14) business days of the date of notification.

22.  If an initial Main Prize winner does not claim the Main Prize for any reason by 11.00am AEST on Thursday 24 February 2025 (Redemption Date), a substitute prize winner will be identified from the pre-drawn reserve entries and be notified by email on their email address provided on the entry form within seven (7) days that they have won, and have their name published, in accordance with clause 20.

23.  The Promoter may require the winning Eligible Entrant to provide relevant evidence in order to claim the Main Prize, such as proof of identity, age, residency, Qualifying Purchase at Participating Store and Proof of Purchase. If the Main Prize winner does not claim the Main Prize in accordance with the instructions specified, the Main Prize will be deemed to be forfeited by the winner.

24.  The Promoter will do all things necessary to effect a transfer of registration of the Main Prize and handover of the Main Prize to the Main Prize winner at a date and time to be advised by the Promoter to the main prize winner, following consultation with the prize winner. The prize winner acknowledges that handover of the Main Prize may be in the nearest Australian capital city to the main prize winner’s location. The timing of handover is subject to inventory and logistics availability.

25.  All taxes (excluding GST) which may be payable as a consequence of receiving a prize are the sole responsibility of the prize winner. The prize winner may wish to seek independent financial advice as to any tax implications arising as a result of accepting the prize. Costs and expenses associated with taking possession of the prize that are the responsibility of the prize winner include, but are not limited to, taxes, vehicle and third-party insurance, operating costs, fuel, parts, servicing, dealer delivery, and all other incidental and ancillary costs incurred as a direct or indirect result of receiving the prize.

26.  The Promoter takes no responsibility for the Main Prize being damaged, lost or stolen. To the extent permitted by law, the prize winner takes the prize on an “as is” basis, and the Promoter makes no representations or warranties that are not expressly stated in these terms and conditions.

Secondary Prizes

27.  At the commencement of the Competition Period, there are a total of sixty (60) digital $200 fuel cards available to Eligible Entrants who have made a Qualifying Purchase at a Goodyear Autocare Participating Store, ten (10) of which are drawn on a fortnightly basis during the Competition Period (Secondary Prize). The maximum number of Secondary Prizes available in any fortnight during the Competition Period is limited to 10 and Eligible Entrants can only win once and only in and from the period in which they entered the Competition. For the avoidance of doubt, a Qualifying Purchase at a Dunlop Super Dealer store is not sufficient for eligibility for a Secondary Prize. The total value of the Secondary Prizes in aggregate is $12,000.

28.  The digital fuel cards have their own Terms and Conditions applicable to them and can be found here: https://www.vaultps.com.au/terms-conditions/#T&Cs-Vault-PVL.

29.  Winner selection for the Secondary Prizes will take place at the Promoter's agency, Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 Australia. Ten (10) eligible entries will be drawn by electronic random draw at the following times:

1. 1st draw (from entries received between 4 November 2024 and 17 November 2024): 21 November 2024, Thursday at 11:00am AEST;
2. 2nd draw (from entries received between 4 November 2024 and 1 December 2024): 5 December 2024, Thursday at 11:00am AEST;
3. 3rd draw (from entries received between 4 November 2024 and 15 December 2024): 19 December 2024, Thursday at 11:00am AEST;
4. 4th draw (from entries received between 4 November 2024 and 29 December 2024): 6 January 2025, Monday at 11:00am AEST;
5. 5th draw (from entries received between 4 November 2024 and 12 January 2025): 16 January 2025, Thursday at 11:00am AEST;
6. 6th draw (from entries received between 4 November 2024 and 31 January 2025): 6 February 2025, Thursday at 11:00am AEST.

The first ten eligible entries drawn randomly at the draw will be Secondary Prize Winners. This is a game of chance.

30.  Five (5) additional reserve entries may be drawn and recorded in order at the draw in case of an invalid entry, ineligible entrant, or if a Secondary Prize is not claimed by a Secondary Prize winner.

31.  Each Secondary Prize winner will be notified by email on their email address or by a text message on their mobile number provided during their Qualifying Purchase in a Goodyear Autocare Participating Store and on the entry form. Such notification will confirm the prize they have won (subject to clause 34) and the particulars of how the prize is to be delivered or collected. The last name, initial of the first name and postcode of the winner will also be advertised on the Goodyear website https://www.goodyear.com.au/winamercedesbenz within three (3) business days after each draw.

Claiming the Secondary Prizes

32.  A prize winner must claim their Secondary Prize by confirming their contact and Qualifying Purchase details at a Goodyear Autocare Participating Store by return message within fourteen (14) business days of the date of notification.

33.  If an initial prize winner does not claim their Secondary Prize for any reason by 11.00am AEST on 24 February 2025 (Redemption Date), a substitute prize winner will be identified from the pre-drawn reserve entries relating to the relevant fortnight period.

34.  The Promoter may require the winning Eligible Entrant to provide relevant evidence in order to claim the Prize, such as proof of identity, age, and any relevant proof of purchase. If a prize winner does not claim the Prize in accordance with the instructions specified, the Prize will be deemed to be forfeited by the Entrant.

35.  The Promoter will make all reasonable efforts to deliver the Prize to the mobile number provided by the winning Eligible Entrants via SMS. The Promoter cannot guarantee that any aspect of the Prize returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner. The Promoter will have no liability for a winner’s failure to receive notices due to the winner’s spam, or other security settings of for a winner’s provision of incorrect or otherwise non-functioning contact information.

Prize winner promotional obligations

36.  The Main Prize winner and each Secondary Prize winner agree to:

1. participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed, photographed, or filmed; and
2. grant the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the prize winner will not be entitled to any fee for such use.

General Conditions

37.  If the Main Prize or a Secondary Prize (or part of the 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. The Promoter reserves the right to withdraw or amend the Competition as necessary due to circumstances outside its control.

38.  No Main Prize or Secondary Prize is transferable or exchangeable and cannot be taken as cash. Any attempt to resell or auction all or any part of a prize will result in an immediate cancellation of the prize. If, for any reason whatsoever, a winner does not complete an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner without any replacement for their value.

39.  As a condition of entering this Competition, each Eligible 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 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.

40.  Eligible 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

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

Limiting Liability and Indemnity

42.  If this Competition 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 Eligible Entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.

43.  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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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 Competition.

44.  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 the winner or Eligible Entrant; or (f) use of a prize.

45.  The Eligible Entrants agree to indemnify the Promoter and its officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by the Promoter arising out of or in connection with (a) any breach of these terms by the Eligible Entrant; and (b) the enforcement of these terms and conditions.

Copyright and Trademark Notices

46.  All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. All material provided by the Promoter, including (but not limited to) online entry forms, questionnaires and any documents (Promoter’s Content), is the Promoter’s intellectual property and subject to copyright. Eligible Entrants must obtain prior written permission if an Eligible Entrant would like to copy or reproduce the Promoter’s Content. Modification of the Promoter’s Content is a violation of the Promoter’s copyright and other proprietary rights and is strictly prohibited. The trademarks, logos, and service marks displayed on the Promoter’s Content or the Promoter’s website to denote its brand are either the Promoter’s registered or unregistered trademarks (Marks). The Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to the Promoter, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Promoter. Nothing contained in the Promoter’s Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the Promoter’s express written permission. The Eligible Entrants agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that the Promoter will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Privacy Collection Statement

47.  The Promoter collects personal information (PI) in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. 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://www.goodyear.com.au/gy/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 Eligible Entrant. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible 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.

48.  Eligible Entrants understand that they are providing their information to the Promoter. The information an Eligible Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter.

Force Majeure

49.  The Promoter will not be in breach of these terms or liable to an Eligible Entrant for any Loss incurred by any Entrant as a direct result of the Promoter’s failing or being prevented, hindered or delayed in the performance of the Promoter’s obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event. If a Force Majeure Event occurs, the Promoter will notify the Entrants (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

50.  On providing the notice in the above clause, the Promoter will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, the Promoter will continue to use all reasonable endeavours to perform those obligations. The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

51.  References to a Force Majeure Event in this clause means: events, circumstances, or causes beyond a party’s reasonable control including (but not limited to):

1. strikes, lockouts or other industrial action,
2. civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,
3. fire, explosion, storm, flood, earthquake, subsidence or other natural disaster,
4. epidemic, pandemic, health emergencies, disease,
5. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport,
6. interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers, or third-party hosting platforms), and
7. the acts, decrees, legislation, regulations, or restrictions of any Government Agency; however, does not include a lack of funds.

References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

General

52.  Online entries: If a dispute arises as to the identity of an Eligible Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Eligible Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.

53.  Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Goodyear websites (Site), or the information on the Site, or to otherwise undermine the legitimate operations of the Competition may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these terms and conditions or any other legal obligation by an Eligible Entrant, the Eligible Entrant agrees to indemnify the Promoter for those losses, damages and costs.

54.  Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

55.  Amendments: These terms and conditions may be amended or replaced from time to time if required by any regulatory authority.

56.  Jurisdiction: These terms and conditions are governed by the laws of the States and Territories in which the Competition is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.

57.  Entire Agreement: These terms and conditions represent the entire agreement between the Promoter and any Eligible Entrant (including the winning Entrants) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Eligible Entrant (including the winning entrants), whether oral or in writing.

58.  Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these terms and conditions.

59.  Last updated: 9 October 2024

60.  Authorised under SA Permit Number: T24/ 1839, NSW Permit Number: TP/ 01886, ACT Permit Number: TP24/ 02393

Goodyear Assurance DuraPlus 2 Mileage Warranty

Exclusive to Goodyear Autocare, the Goodyear Assurance DuraPlus 2 comes with a guaranteed mileage warranty when you purchase two or more tyres.

How the warranty works

Every Goodyear Assurance DuraPlus 2 tyre comes with a mileage warranty of 70,000km. If the tread on your Assurance DuraPlus 2 tyre wears down to the treadwear indicators (worn to 1.6mm) before reaching 70,000km, the tyre will be replaced on a pro-rata basis.
For example, if you only travel 35,000km on your tyres before the tyre wears down to the treadwear indicators, Goodyear Autocare will provide an equivalent replacement tyre at 50% off the current recommended retail price.

Things you need to know to ensure that the warranty remains valid

• You must rotate and balance your tyres every 6 months or 10,000km, whichever comes first (costs may apply).
• Odometer reading at fitment must be recorded by owner & dealer at time of fitment and retained.
• Wheel alignment must be performed as recommended by Goodyear Autocare.
• Warranty Card must be presented at each tyre service and be stamped / signed as appropriate. Service records must be kept.
• Tyre pressure must be maintained as per vehicle placard.
• When making a claim, you must present your tyre, completed warranty section (with service records) and the tyre purchase invoice showing tyre description, vehicle mileage and the date the tyre(s) were installed at a participating Goodyear Autocare store.
• Tyres replaced become the property of Goodyear & Dunlop Tyres (Aus) Pty Ltd.
• You must pay any other applicable taxes and government mandated charges on the services you order.

Warranty conditions

This warranty is valid:

• For five (5) years from the date of purchase.
• Where the tyres have been used only on the vehicle on which they were originally installed at a participating Goodyear Autocare store.
• This warranty is not valid:
• For tyres used in commercial applications including, but not limited to, police, taxi service, national account, government, and contract sales.
• For tyres supplied as original equipment.
• When irregular wear or damage appears due to:
• Improper inflation of tyres
• Overloading
• High-Speed spin up
• Misapplication, misuse, negligence
• Racing
• Use of tyre chains
• Improper mounting or demounting
• Improper repair
• Wreck, collision or fire
• Road hazards (including, but not limited to, punctures, cuts, snags, impact breaks etc.)
• Any type that has been intentionally altered to change its appearance

Your legal rights

Warranty applies in addition to any non-excludable statutory warranties, including your warranties set out in the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.