Giant Real Riders Terms and Conditions
"REAL RIDERS" 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. 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.
3. Employees (and their immediate families) of the Promoter 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 1st cousin.
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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.
5. Promotion commences on 8/7/11 and entries close 5pm AEST on 28/8/11.
6. To enter, individuals must visit www.giantrealriders.com.au, follow the prompts to register to become a Giant Real Rider, input the requested profile details including -
Entering their full name;
Entering their username;
Entering a valid email address;
Nominate a password;
Verify the password;
Specify their gender;
Select the sponsorship type (i.e. prize package) they would MOST like to win;
Provide answers to the profiling questions; and
Upload an original profile photo ("Content"); and
submit the fully completed online entry form during the promotional period.
Upon completion of the above, the individual will become a Giant Real Rider and have their profile uploaded on the promotional website for public viewing Giant Real Rider members can use the promotional website to interact with other members of the Giant Real Rider community.
7. Content must not:
(a) breach conditions of Clause 23; or
(b) contain any third party intellectual property (i.e. any obvious third party brand logos).
8. Uploaded files must be submitted in .jpg format and must not exceed 2MB file size.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Only one (1) entry permitted per person.
11. 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.
12. This is a game of skill and chance plays no part in determining the winners.
13. Each entry will be individually judged based on the originality and creative merit of the profile provided on the Giant Real Rider registration form. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
14. Winners will be notified by email.
15. The Promoter's decision is final and no correspondence will be entered into.
16. Prizes will be awarded for the best thirty (30) entries, as determined by the judges. Some winners may be determined during the promotional period, at the Promoter’s discretion, and the remaining winners will be determined after the end of the promotional period. Each winner will win a 'sponsorship' pack which will include the following:
A bike and accessories prize package (as selected on their registration form), which will be from one (1) of the following prize packages:
(a) Road prize package: The winner's choice of one (1) of the following bicycles: Defy 1 (valued at $1,499), Avail 1 (valued at $1,499), Defy 2 (valued at $1,299), Defy 3 (valued at $999) or Avail 3 (valued at $999); and an accessories pack valued at $600 (which includes: a bicycle helmet, a pair of knicks, a jersey, a bottle holder, a water bottle, a pair of front and rear lights, a saddle bag and a multi-tool). Total value of each Road prize package is up to $2,099;
(b) Mountain Bike prize package: The winner's choice of one (1) of the following bicycles: Talon 29er 0 (valued at $1,199), Talon 0 (valued at $1,099), Talon 1 (valued at $899), Talon 1 W (valued at $899), Talon 2 (valued at $649), Talon 2 W (valued at $649), Boulder 1 (valued at $549), Boulder 1 W (valued at $549), Boulder 2 (valued at $479), Boulder 2 W (valued at $479), Boulder 3 (valued at $429), Boulder 3 W (valued at $429), Boulder 4 (valued at $379) or Boulder 4 W (valued at $379); and an accessories pack valued at $600 (which includes: a bicycle helmet, a pair of knicks, a jersey, a bottle holder, a water bottle, a pair of front and rear lights, a saddle bag and a multi-tool). Total value of each 'Mountain Bike' prize package is up to $1,799;
(c) Commuter prize package: The winner's choice of one (1) of thefollowing bicycles: Cross City 1 (valued at $1,299), Cross City 2 (valued at $1,099), Cross City 2 W (valued at $1,099), Cross City 3 (valued at $799), Cross City 4 (valued at $599), Cross City 4 W (valued at $599), Roam XR 1 (valued at $1,199), Roam XR 2 (valued at $999), Roam XR W (valued at $999), Roam (valued at $549), Roam W (valued at $549), Seek 1 (valued at $1,099), Seek 2 (valued at $799), Seek 3 (valued at $699) or Expressway (valued at $499); and an accessories pack valued at $600 (which includes: a bicycle helmet, a pair of knicks, a vest, a bottle holder, a water bottle, a pair of front and rear lights, a saddle bag and a multi-tool). Total value of each 'Commuter' prize package is up to $1,899;
(d) Lifestyle prize package: The winner's choice of one (1) of the following bicycles: Cypress 1 (valued at $599), Cypress 2 (valued at $499), Cypress 2 W (valued at $499), Cypress 3 (valued at $399), Cypress 3 W (valued at $399), Transend 1 (valued at $549), Transend 1 W (valued at $549), Transend 2 (valued at $449), Transend 2 W (valued at $449), Suede City W Reg (valued at $599), Suede W Reg (valued at $499), Expressway (valued at $499), Via 2 (valued at $499), Via 2 W (valued at $499), Via 3 (valued at $399), Via 3 W (valued at $399), Trail Glide 1 (valued at $499), Trail Glide 1 W (valued at $499), Trail Glide 2 (valued at $399) or Trail Glide 2 W (valued at $399); and an accessories pack valued at $600 (which includes: a bicycle helmet, a pair of shorts, a shirt, a bottle holder, a water bottle, a pair of front and rear lights, a saddle bag and a multi-tool). Total value of each 'Lifestyle' prize package is up to $1,199; or
(e) Kids prize package: The winner's choice of one (1) of the following bicycles: Method 01 (valued at $379), Method 02 (valued at $329), Method 03 (valued at $279), XTC Jr 1 24/Areva 1 24 (valued at $329), XTC Jr 2 24/Areva 2 24 (valued at $299), XTC Jr 20/Areva 20 (valued at $279), XTC Street 24/Areva Street 24 (valued at $299), XTC Street 20/Areva Street 20 (valued at $279), Moda (valued at $219), Bella (valued at $219), Animator/Holly (valued at $169) or Jr Animator/Lil Holly (valued at $139); and a bicycle helmet valued at $80. Total value of each 'Kids' prize package is up to $459.
The Promoter reserves the right to liaise with the winner to award an alternate prize package (or part of a prize package) if necessary. The Promoter may, in its absolute discretion, accommodate the winner's brand, colour, design, model, pattern and size preference of the prizes to be awarded, subject to availability.
12 months of free servicing for their bicycle at an authorised Giant bicycle dealer as determined by the Promoter in its absolute discretion. Free servicing only applies to labour charges on regular servicing and does not cover normal wear and tear or parts and additional product costs; and
17. In consideration in receiving the 'sponsorship' pack, each winner may be required to attend any publicity and/or media events and appear in any media as reasonably required by the Promoter for a period of 12 months without remuneration for the purpose of promoting this promotion, and promoting any products or services manufactured, distributed and/or supplied by the Promoter.
18. As a condition of accepting a prize, a winner (or their parent/guardian if the winner is under the age of 18 years) 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 'sponsorship' contract, legal release and indemnity form.
19. If for any reason a winner does not take 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.
20. 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.
21. Total prize pool value is up to $56,748.
22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
23. When an entrant submits any Content (including images and comments) via the promotion, the entrant, unless the Promoter advises otherwise, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content and/or the relevant profile 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) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
24. Entries will not be returned to any entrant. Each entrant warrants to the Promoter that each entry submitted is an original work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
25. 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, for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
27. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
28. 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 State 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.
29. 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 (g) use of a prize.
30. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter.
31. The Promoter is Giant Bicycle Co. Pty. Ltd. (ABN 35 006 904 730) of Unit 7, 3-5 Gilda Court, Mulgrave Victoria 3170.
"REAL RIDERS" COMMUNITY
TERMS AND CONDITIONS
Date: Monday 4th July 2011??Statement of Rights and Responsibilities??This Statement of Rights and Responsibilities ("Statement") derives from our corporate principles, and governs our relationship with users and others who interact with Giant. By using or accessing the Giant Real Riders Community website, you agree to this Statement.
1. Privacy. Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use this site to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information??You own all of the content and information you post on this site, and you can control how it is shared through your privacy settings. In addition:
a. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Giant Real Riders Community website ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
b. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
c. When you use an application, your content and information is shared with the application.
d. When you publish content or information, it means that you are allowing everyone, including people off of Giant, to access and use that information, and to associate it with you.
e. We always appreciate your feedback or other suggestions about Giant, but you understand that we may use them without any obligation to compensate you for them.?
3. Safety. We do our best to keep the Giant Real Riders Community website safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
a. You will not send or otherwise post unauthorized commercial communications (such as spam) on the Giant Real Riders Community website.
b. You will not collect users' content or information, or otherwise access the Giant Real Riders Community website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Giant Real Riders Community website.
d. You will not upload viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not bully, intimidate, or harass any user.
g. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
h. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
i. You will not use the site to do anything unlawful, misleading, malicious, or discriminatory.
j. You will not do anything that could disable, overburden, or impair the proper working of the site, such as a denial of service attack.
k. You will not facilitate or encourage any violations of this Statement.?
Any breach of the above commitments may result in us disabling your account
4. Registration and Account Security??Users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a. You will not provide any false personal information on Giant Real Riders, or create an account for anyone other than yourself without permission.
b. You will not create more than one personal profile.
c. If we disable your account, you will not create another one without our permission.
d. You will not use your personal profile for your own commercial gain.
e. You will not use this website if you are under 13.
f. You will not use the Giant Real Riders Community website if you are a convicted sex offender.
g. You will keep your contact information accurate and up-to-date.
h. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardise the security of your account.
i. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
j. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).?
5. Protecting Other People's Rights??We respect other people's rights, and expect you to do the same.
a. You will not post content or take any action on the Giant Real Riders Community website that infringes or violates someone else's rights or otherwise violates the law.
b. We can remove any content or information you post on the site if we believe that it violates this Statement.
c. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
d. If you repeatedly infringe other people's intellectual property rights, we will disable your account.
e. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
f. If you collect information from users, you will: obtain their consent, make it clear you (and not Giant) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
g. You will not post anyone's identification documents or sensitive financial information on this site.
6. About Advertisements and Commercial Content
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In this regards, please note:
a. We do not give your content or information to advertisers without your consent.
7. Amendments
a. We can change this Statement at any time without prior notice, by posting the change on the Giant Real Riders Community Website.
b. For changes applicable to application developers, website operators, and advertisers, we will give you a minimum of three days notice.
c. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
8. Termination??
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Giant Real Riders Community website to you, and/or disable your account.
9. Disputes
a. If anyone brings a claim against us related to your actions, content or information on Giant, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
b. WE TRY TO KEEP THIS SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THIS SITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THIS SITE WILL BE SAFE OR SECURE. GIANT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GIANT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. These Terms of Use and the Giant Real Riders website generally are governed by the law in force in Victoria, Australia. Users submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms of Use or the transactions contemplated by these Terms of Use.
10. Special Provisions Applicable to Users Outside of Australia??We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Australia:
a. You consent to having your personal data transferred to and processed in Australia.?
11. Definitions
a. By "Giant" and "Real Riders Community" we mean the features and services we make available, including through (a) our website at www.giantrealriders.com.au and any other Giant branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);
b. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Giant or provide data to us.
c. By "information" we mean facts and other information about you, including actions you take.
d. By "content" we mean anything you post on the site that would not be included in the definition of "information."
e. By "data" we mean content and information that third parties can retrieve from the site(s) or provide to Giant through Platform.
f. By "post" we mean post on Giant or otherwise make available to us (such as by using an application).
g. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
h. By "active registered user" we mean a user who has logged into Giant at least once in the previous 30 days.
i. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.?
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You may also want to review the following documents:
• Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.