MACK TRUCKS AUSTRALIA
PHOTO AND VIDEO CONTEST AGREEMENT

 

PARTIES

  1. Volvo Group Australia Pty Ltd trading as Mack Trucks Australia (ABN 27 000 761 259) of 41 Bivouac Place, Wacol QLD (“Mack Trucks Australia”)[1]; and
  2. The individual or entity that submits an entry into the Contest (“Entrant”). By uploading an Entry into the context the Entrant agrees to be bound by these terms and conditions.

  1. BACKGROUND

    1. The thrill of the open road and the roar of a powerful engine have long been synonymous with Mack Trucks, a brand that embodies durability, reliability, and the spirit of Australian and New Zealand trucking. Mack Trucks Australia, a leader in heavy-duty vehicles, is excited to announce an initiative that celebrates the heart and soul of the trucking community: the Mack Trucks Australia photo and video contest (“Contest”).

    2. The Contest is an opportunity for Mack Trucks enthusiasts, drivers, and owners to share their experiences, stories, and the visual splendour of Mack Trucks at work.

    3. Through the Contest, Mack Trucks Australia aims to engage with its loyal community, offering a platform for truckers to demonstrate their pride in operating Mack Trucks. It further intends to highlight the crucial role these vehicles play in supporting economies, businesses, and everyday lives in Australia and New Zealand.

    4. Mack Trucks Australia is committed to celebrating the hard work, dedication, and passion of truckers. This Contest is not just about capturing Mack Trucks in action; it’s about honouring the people behind the wheel and the stories they carry.

    5. We invite all eligible participants to share their best Mack Truck to showcase the incredible contributions of our trucks and their drivers. Let's hit the road to recognition and celebration with the Contest.

OPERATIVE TERMS

  1. ELIGIBILITY

    1. The Contest is open to all Mack Trucks fans, who are residents of Australia or New Zealand and who are 18 years of age or older at time of entry. Officers, directors, employees and agents of the Volvo Group and Mack Trucks (jointly the “Sponsor”), and its respective affiliated companies, agencies, and immediate families (and/or those living in the same household of each such person, whether or not related) are not eligible to participate.

    2. Eligibility is open to Mack trucks in revenue operation (revenue operation is defined as regular operation of the vehicle in the course of business, either to produce for-hire revenue or to carry out company operations).

  1. HOW TO ENTER

    1. The Contest entry period begins at 12:00 am Australian Eastern Standard Time on April 15, 2024, and ends at 11:59 pm Australian Eastern Standard Time on May 15, 2024 (the “Promotion Period”).

    2. To enter the Contest, entrants must upload a photo of any Mack truck to the entry tab of the official voting platform (the “Entry”). Video submissions must be uploaded in a 9:16 full vertical format, mp4 file type, less than 60 seconds and must accompany a photo entry. Music/audio is not required but is encouraged. Eligibility for the Contest is open to Mack trucks in revenue operation (revenue operation is defined as regular operation of the vehicle in the course of business, either to produce for-hire revenue or to carry out company operations). The Sponsor’s computer is the official time-keeping device for the Contest.

    3. Only Mack trucks manufactured in Australia and models from 2021 onwards are eligible for Entry. Trucks entered must be in active use within a business or trucking operation (not collector or show trucks) and compliant with local legislation in Australia or New Zealand.

    4. Each eligible person can enter a truck, but they must have the truck owner's approval. Each nomination must include a photo of the truck, and video submissions are optional but must meet specific format requirements.

    5. Each Entrant may submit one (1) photo or one (1) video per category during the Promotion Period. By entering, the Entrant warrants that their Entry is original and does not infringe the intellectual property rights of any third party. No group entries are permitted. Entries submitted as part of the Contest must be the copyright of the Entrant able to be assigned to the Sponsor.

  1. OWNERSHIP OF ENTRIES

    1. All Entries submitted become the property of the Sponsor, granting the Sponsor unlimited use rights. This includes the commercial use of photography of winning vehicles for the calendar. Entries must not contain the trademark, trade name or logo of any third party.

    2. ENTRANTS AGREE NOT TO BRING A CLAIM AGAINST SPONSOR FOR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. Entrant agrees to indemnify, defend, and hold Sponsor and its affiliates, officers, agents, employees, and partners harmless from any claim, demand, loss, liability, damages, costs, and expenses (including reasonable attorney fees) arising out of or related to any claim that the Entrant’s submission infringes upon the copyright, trademark, trade name, service mark, or other intellectual property rights of any third party.

    3. This indemnification obligation will survive the termination or conclusion of the Contest and/or the Entrant’s participation therein.

    4. Sponsor may, in its sole discretion, disqualify any Entry that it reasonably believes is not the Entrant’s original creation, has already been published, violates the intellectual property rights of any other person or entity, contains offensive, indecent defamatory, vulgar or profane content, or fraudulent or false information.

  1. VOTING AND SELECTION PROCESS

    1. VOTING MECHANISM: Upon conclusion of the Promotion Period and from May 1, 2024, until May 31, 2024 (the “Voting Period”), members of the public are invited to cast their votes for their favourite Entries via a designated link on Mack Trucks Australia's official social media platforms. Each voter is permitted to vote for one (1) truck per category per day. To ensure fairness and authenticity in the voting process, the Sponsor will employ measures to track the IP address of each vote cast.

    2. Voting is limited to one (1) vote per day per Contest category, except on bonus vote days where voting multipliers will be available. Any type of voting exchange method or vote for vote technique to solicit additional votes on an Entry are expressly prohibited. This includes (but is not limited to) creating emails to vote, bot voting and purchasing votes.

    3. Entrants found engaging in the foregoing conduct will be disqualified from the competition and all future Mack Contests. 

    4. Voters must provide a valid e-mail address in order to enter. The Sponsor may invalidate any votes considered to be fraudulent.

  1. SELECTION OF WINNER

    1. At the conclusion of the Voting Period, the ten (10) trucks in each category with the highest number of votes, as determined by the public, will advance to a final round. In addition to these finalists, the Sponsor will select two (2) wild card entries per category selected at the discretion of the Sponsor. Each of these twelve Entries will be featured in the 2025 Mack Trucks Australia calendar advance to the final round of selection.

    2. The Sponsor reserves the right to seek additional verification from truck owners of the current operational status of each Entry.

    3. Being selected to appear in the Mack calendar is contingent upon fulfillment of all applicable conditions set forth herein. The winners will be notified by email from a Mack administrator by June 8, 2024.

    4. In the event a winning Entry is found to be ineligible, disqualified, or unable to participate in the photo shoot, the Sponsor will select an alternate Entry from all remaining Entries, using its sole discretion.

  1. PRIZES

    1. Grand Prize - The winning Entries (“Winners”) will receive a professional photo shoot, courtesy of the Sponsor, and a spot in the 2025 edition of the Mack Trucks Australia calendar. The Sponsor will arrange, at its own cost, photographer travel and accommodation to New Zealand for winners located in New Zealand.

    2. Secondary Prizes - All Entries are eligible to be promoted across Mack Trucks Australia’s official social media platforms. To be tagged in a post, Entries must include the Truck Owner’s company social media handles on the entry form. Individual/personal social media accounts will not be tagged. Captions will be created using the description field on the entry form.

  1. CONDITIONS OF CLAIMING PRIZE

    1. Winners must verify their legal name and address by return email within seven (7) calendar days of notification by the Sponsor’s administrator in order to claim a prize. Winner’s verification is at the sole discretion of Sponsor. The prize may be forfeited and awarded to another entrant (selected in accordance with the Winner selection criteria described in these rules) if the selected Winner does not comply with the verification requirements or is otherwise ineligible in accordance with these terms and conditions.

  1. GENERAL

    1. By participating, each Entrant agrees to be bound by:

      1. these Contest rules, including all eligibility requirements, and

      2. the decisions of Sponsor, which are final and binding in all matters relating to the Contest, subject to any rights the Entrants may have under Australian Consumer Law.

    2. Sponsor is not responsible for:

      1. lost, late, misdirected, damaged, garbled or illegible Entries;

      2. error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorised access to or alterations of Entries, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or

      3. any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Contest.

    3. Sponsor reserves the right to permanently disqualify any person from the Contest if it believes any Entrants have violated these Contest rules.

  1. ENTRANT ACKNOWLEDGEMENTS

    1. By accepting a prize or participating in the Contest, each Entrant irrevocably consents to the use of their personal information including name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, and statements relating to the Contest or Sponsor, without compensation, in all world-wide marketing, promotion, and publicity carried out in perpetuity by Sponsor in connection with this Contest.

    2. The Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus or other problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion.

    3. If the Contest is terminated before the end date/time, the Sponsor may, in its sole discretion, determine the Winner from all eligible entries received as of the termination date/time.

    4. If any such malfunction, error, disruption, or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Contest, the Sponsor may, in its sole discretion, suspend or terminate the Contest by posting a notice across the Mack Trucks official social media channels.

  1. GOVERNING LAW

    1. The Contest is governed by Australian law.

  1. LIABILITY

  1. Except to the extent prohibited by law, including the Australian Consumer Law, and to the fullest extent permitted by law, the Sponsor shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from participation in the Contest or acceptance, use or misuse of any prize.

  2. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the Entrant agrees that, by entering the Contest THE SPONSOR’S LIABILITY WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT LEGAL FEES.

 


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