1. The Promoter of the CANVAS2KICKASS PROMOTION (“Promotion”) is Just Car Insurance Agency Pty Ltd (ABN 41 050 238 563) of Level 9, 616 St Kilda Road, Melbourne VIC 3004. Telephone: 13 13 26.
2. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
3. The period of this Promotion begins at 4:00pm AEST on 7 July 2010 and finishes when final voting closes at 10:00am AEST on 1 October 2010 (“Promotional Period”).
4. Entry is only open to Australian residents aged 16 years and over (at the time they register: see term 7). Entrants under 18 years of age at the time they register must obtain the approval of their parent or legal guardian to enter. Further, the parent or legal guardian of the entrant must read and consent to these Terms and Conditions. The parent or legal guardian of a prize winner may be required by the Promoter to enter into a further agreement as evidence of consent to entering this Promotion or to allow for the provision of a prize to the entrant.
5. It is a condition of entry that the Major Prize winner (or subject to term 43 a duly authorised representative of the Major Prize winner) must hold a valid car driver’s licence issued in an Australian state or territory. The Major Prize winner acknowledges that their own driving licence may prevent them from legally driving the Major Prize upon its provision by the Promoter or its agent. For example, the Major Prize may be a car with a manual transmission and the winner’s driving licence may restrict them from driving a manual car.
6. Employees (and their immediate families) of the Promoter and any agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto partner, ex-de-facto partner, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, grandchild, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
7. To enter this Promotion an individual must first register for an online account at www.canvas2kickass.com (“Promotional Website”). Registrations open at 4:00pm AEST on 7 July 2010 and close at 10:00am AEST on 1 October 2010. To register, an individual must complete the online registration application on the Promotional Website by inputting their full name, email address, contact telephone number, date of birth, postcode, user-selected password and, optionally, the expiry date of their current car insurance policy if it is not already held with the Promoter. By registering to enter this Promotion, the registering individual will consent to receive Promotion-related emails and will be provided with the opportunity to opt-in to receive future marketing communications from the Promoter and Alpine Electronics of Australia Pty Ltd ("Alpine"). See terms 53 to 56 for details about information collection and privacy. The Promoter's marketing communications may contain content from the Promoter or an affiliated third party, including Alpine. By submitting a valid online registration application within the Promotional Period, an individual becomes a Registered Entrant for the purposes of this Promotion and receives one (1) entry into the major prize draw (“Major Prize Draw”).
8. A limit of one (1) registration per individual applies. The Promoter reserves the right, at any time, to screen Registered Entrants for multiple, untrue or otherwise tampered registrations (whether through alternative or incorrect email addresses, names or otherwise) and to remove and void all such Registered Entrants from this Promotion’s prize draws and disqualify each Registered Entrant involved where appropriate. The Promoter reserves the right to conduct a re-draw of any of the prizes to ensure the Promotion is conducted in accordance with this term 8. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. Promoter reserves the right, at any time, to verify a Registered Entrant’s identity, age and place of residence, and disqualify any Registered Entrant (including any prize winner) who submits incomplete, untrue or otherwise inaccurate information. If there is a dispute as to the identity of a Registered Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Registered Entrant and/or conduct a re-draw for the relevant prize.
10. Between 4:00pm AEST on 9 July 2010 and 10:00am AEST on 23 July 2010 (“Base Car Voting Period”) a description of the following range of cars will be made available on the Promotional Website for voting by Registered Entrants:
| Year# | Make | Model# |
| 1999 to 2000 | Nissan | Skyline R34 GT |
| 1994 to 1998 | Toyota | Supra JZA80 SZ |
| 2006 to 2007 | Holden | Commodore Ute VZ SV6 |
| 2002 to 2005 | Ford | Falcon Sedan BA XR6 |
#The manufacture year of the car, its transmission type (manual or automatic), and in the case of the Skyline and Supra its body type (2-door coupe or 4-door sedan), will be determined at the Promoter’s discretion and will be subject to availability. Each car will be a non-turbo model.
During the Base Car Voting Period, Registered Entrants will be asked which one of the above cars they would like to see selected for modification and to form the Major Prize. Registered Entrants will be asked to cast their vote on the Promotional Website. The car which receives the highest number of votes during the Base Car Voting Period will be the car that forms the Major Prize, subject to availability. A Registered Entrant who submits a vote during the Base Car Voting Period will receive one (1) additional entry into the Major Prize Draw, and one (1) entry into Minor Prize Draw 1.
Between 4:00pm AEST on 23 July 2010 and 10:00am AEST on 1 October 2010 (“Car Modification Voting Period”), descriptions of various car modifications, accessories and/or enhancements (“Mods”) will be made available on the Promotional Website for voting by Registered Entrants. There will be eight (8) separate modification periods within the Car Modification Voting Period (each known as a “Single Mod Voting Period”). The start and end date for each Single Mod Voting Period is shown in the table in term 15. During each Single Mod Voting Period, Registered Entrants will be asked which of the Mods displayed in that period should be applied to the Major Prize car. Registered Entrants will be asked to cast their vote on the Promotional Website. Subject to terms 11 and 14, the Mod that receives the highest number of votes during the relevant Single Mod Voting Period will be applied to the Major Prize car. For example, if a Single Mod Voting Period’s question is “What colour should the car be?” and the “red” option receives the most votes by the end of that period, the Major Prize car’s bodywork will be made red in colour. Registered Entrants who submit a vote during a Single Mod Voting Period will receive one (1) additional entry into the Major Prize Draw, and one (1) entry into the relevant minor prize draw (Minor Prize Draw 2 to Minor Prize Draw 9) to win a minor prize ("Minor Prize").
11. A Registered Entrant can only vote once within the Base Car Voting Period and only once within each Single Mod Voting Period. Some Single Mod Voting Periods will allow more than one Mod choice (for example a choice of tyres and a choice of road wheels), however such multiple choices within a Single Mod Voting Period are still considered under these Terms and Conditions as a single vote within that period. This means that a total of nine (9) votes can be cast by each Registered Entrant across the entire Promotional Period. The Promotional Website will permit a Registered Entrant to amend their vote, within any voting period they participate in, as many times as they wish to, but only within the relevant voting period. The last Mod (or Mods in the case of multiple choices within one voting period) which a Registered Entrant votes for in a Single Mod Voting Period will be taken by the Promoter as their single final vote in that period. The Promoter reserves the right, at any time, to screen the voting of Registered Entrants for any incorrect or otherwise tampered votes, and to remove and void all such votes and, at the Promoter’s discretion, disqualify the Registered Entrant involved. Genuine errors and omissions may be accepted at the Promoter's discretion. The Promoter reserves the right to conduct a re-draw of any of the prizes to ensure the Promotion is conducted in accordance with this term 11. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
12. The maximum number of valid entries which a Registered Entrant can receive into the Major Prize Draw is ten (10), based on one (1) entry upon successful registration and a maximum of nine (9) entries through voting.
13. In the unlikely event that an equal number of votes are received for the two or more most popular base cars or Mods within any given voting period, the Promoter will determine which of the two or more base cars or Mods will be the winning base car or Mod.
14. If for any reason a voting outcome was to result in a potential modification outcome which would result in the Major Prize car potentially being unsafe, un-roadworthy or otherwise unfit for provision to the Major Prize winner, the Promoter reserves the right to choose a modification outcome that is appropriate in the circumstances.
Minor Prize Draws
15. Entries start and close for each minor prize draw (“Minor Prize Draw”) at the times and dates shown in the table below. All times indicated are AEST unless specified otherwise. All draws will take place at 12:00 noon on the dates specified in the table below. Entries into each Minor Prize Draw are otherwise in accordance with this Promotion's Terms and Conditions. Entries in each Minor Prize Draw will NOT be entered into any subsequent Minor Prize Draw. Minor Prize Draw winners will be notified by telephone and by email and will have their names published on the Promotional Website on the Friday following the relevant Minor Prize Draw. Minor Prize Draw winners of prizes valued at over $250 will also have their names published in The Australian newspaper on the dates shown in the table below.
| Draw | Entries/votes start | Entries/votes close | Draw date | Publication date |
| Minor Prize Draw 1 (Base Car Voting Period) | 4:00pm on 9 July 2010 | 10:00am on 23 July 2010 | 28 July 2010 | 27 August 2010 |
| Minor Prize Draw 2 (Single Mod Voting Period 1) | 4:00pm on 23 July 2010 | 10:00am on 30 July 2010 | 4 August 2010 | 27 August 2010 |
| Minor Prize Draw 3 (Single Mod Voting Period 2) | 4:00pm on 30 July 2010 | 10:00am on 6 August 2010 | 11 August 2010 | 27 August 2010 |
| Minor Prize Draw 4 (Single Mod Voting Period 3) | 4:00pm on 6 August 2010 | 10:00am on 13 August 2010 | 18 August 2010 | 27 August 2010 |
| Minor Prize Draw 5 (Single Mod Voting Period 4) | 4:00pm on 13 August 2010 | 10:00am on 20 August 2010 | 25 August 2010 | 27 August 2010 |
| Minor Prize Draw 6 (Single Mod Voting Period 5) | 4:00pm on 20 August 2010 | 10:00am on 3 September 2010 | 8 September 2010 | 8 October 2010 |
| Minor Prize Draw 7 (Single Mod Voting Period 6) | 4:00pm on 3 September 2010 | 10:00am on 10 September 2010 | 15 September 2010 | 8 October 2010 |
| Minor Prize Draw 8 (Single Mod Voting Period 7) | 4:00pm on 10 September 2010 | 10:00am on 17 September 2010 | 22 September 2010 | 8 October 2010 |
| Minor Prize Draw 9 (Single Mod Voting Period 8) | 4:00pm on 17 September 2010 | 10:00am on 1 October 2010 | 6 October 2010 | 8 October 2010 |
16. In the case of Minor Prize Draw 1, the first valid entry drawn will win a Pedders Safety Car Ride at any one (at the winner’s choice) of the following selected 2010 V8 Supercar rounds on the dates specified below, for one (1) person:
(a) L&H Phillip Island, 10-12 September 2010;
(b) Supercheap Auto Bathurst 1000, 7-10 October 2010;
(c) ArmorAll Gold Coast Super Carnivale, 22-24 October 2010;
(d) Falken Tasmania Challenge, 12-14 November 2010;
(e) Norton Sandown Challenge, 19-21 November 2010; or
(f) Sydney Telstra 500, 3-5 December 2010.
This prize includes a three day double pass to the chosen event, but does not include transfers to or from the track, transport or accommodation. Prize is valued at $1,250. Minimum age for participation in the Pedders Safety Car Ride is 16 years. A liability waiver form must be signed by the participant, or by their parent/guardian if under 18 years.
17. In the case of Minor Prize Draw 2, the first three (3) valid entries drawn will each win a Canvas2Kickass (“C2K”) merchandise pack valued at $30.
18. In the case of Minor Prize Draw 3, the first valid entry drawn will win a Pedders V8 Supercars All Rounder Jacket (black/red: stock code 910011) valued at $120. Winner can select a jacket size ranging from ‘S’ to ‘3XL’, subject to availability. The second, third and fourth valid entries drawn will each win a C2K merchandise pack valued at $30.
19. In the case of Minor Prize Draw 4, the first three (3) valid entries drawn will each win a C2K merchandise pack valued at $30.
20. In the case of Minor Prize Draw 5, the first valid entry drawn will win an Alpine Electronics 'Ultimate car audio/visual entertainment system' valued at $10,167. This prize contains the following components:
| Alpine Electronics component name | Alpine Electronics component ID |
| DVD/Bluetooth/Mobile Media Station | IVA-D511EBT |
| Type-X Pro 6.5" Component Speakers | SPX-17PRO |
| Type-X Pro 6.5" Component Speakers | SPX-17PRO |
| IMPRINT Sound Processor | PXA-H100M |
| Type-X 12" Subwoofer | SWX-1243D |
| Type-X 12" Subwoofer | SWX-1243D |
| PDX Digital Mono Amplifier | PDX-M12 |
| PDX Digital Mono Amplifier | PDX-M12 |
| PDX Digital 4-Channel Amplifier | PDX-F6 |
| 7" Headrest Monitor | TME-M780 |
| 7" Headrest Monitor | TME-M780EM |
| Wireless Headphones | SHS-N105 |
| Wireless Headphones | SHS-N105 |
21. In the case of Minor Prize Draw 6, the first valid entry drawn will win a Grid Walk at any one (at the winner’s choice) of the following selected 2010 V8 Supercar rounds on the dates specified below, for one (1) person:
(a) L&H Phillip Island, 10-12 September 2010;
(b) Supercheap Auto Bathurst 1000, 7-10 October 2010;
(c) ArmorAll Gold Coast Super Carnivale, 22-24 October 2010;
(d) Falken Tasmania Challenge, 12-14 November 2010;
(e) Norton Sandown Challenge, 19-21 November 2010; or
(f) Sydney Telstra 500, 3-5 December 2010.
This prize includes a three day double pass to the chosen event, but does not include transfers to or from the track, transport or accommodation. Prize is valued at $850.
22. In the case of Minor Prize Draw 7, the first five (5) valid entries will each win a Momo pack valued at $545, containing:
(a) a Momo Pilota steering wheel valued at $195;
(b) a Momo gear knob valued at $150;
(c) a Momo pedal kit valued at $150; and
(d) set of two (2) Momo seat belt covers valued at $50.
23. In the case of Minor Prize Draw 8, the first three (3) valid entries drawn will each win a C2K merchandise pack valued at $30.
24. In the case of Minor Prize Draw 9, the first valid entry drawn will win a Recaro car seat (converted to a custom office chair), valued at $3,300.
25. The exact nature, specifications, size or colour (if applicable) of the products awarded as part of the C2K merchandise packs will be determined by the Promoter or the prize provider(s) at their absolute discretion.
26. Unless otherwise stated in these Terms and Conditions, any ancillary costs associated with redeeming, fitting, taking or using a prize are not included.
27. The respective winners of the Pedders Safety Car Ride and Grid Walk prizes (“Activity”) acknowledge that the Activity is a dangerous activity that may result in injury or death, and participate at their own risk. These winners must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner from participating in the Activity if, at any time, they reasonably believe that the winner poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
28. Attendance at the V8 Supercar rounds event is an element of the Pedders Safety Car Ride and Grid Walk prizes and is subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the Pedders Safety Car Ride and/or Grid Walk winner for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Pedders Safety Car Ride and/or Grid Walk prizes.
Spot prizes
29. Registered Entrants will also be able to comment and discuss the Promotion on the Promotional Website as well as on any social media forum operated by the Promoter or its agents (“Social Media Forum”) during the Promotional Period for the purposes of this Promotion. Each comment submitted on the Promotional Website and/or Social Media Forum will be individually judged, based on how informative, entertaining and rewarding the comment is deemed by the Promoter. This element of the Promotion is a game of skill and chance plays no part in determining the winners. Entries open and close for each judging period (“Judging Period”) on the dates and times shown in the table below. Winners of judged prizes will be contacted by telephone and mail by the Promoter.
| Draw | Entries start | Entries close |
| Judging Period 1 (Base Car Voting Period) | 4:00pm on 9 July 2010 | 10:00am on 23 July 2010 |
| Judging Period 2 (Single Mod Voting Period 1) | 4:00pm on 23 July 2010 | 10:00am on 30 July 2010 |
| Judging Period 3 (Single Mod Voting Period 2) | 4:00pm on 30 July 2010 | 10:00am on 6 August 2010 |
| Judging Period 4 (Single Mod Voting Period 3) | 4:00pm on 6 August 2010 | 10:00am on 13 August 2010 |
| Judging Period 5 (Single Mod Voting Period 4) | 4:00pm on 13 August 2010 | 10:00am on 20 August 2010 |
| Judging Period 6 (Single Mod Voting Period 5) | 4:00pm on 20 August 2010 | 10:00am on 3 September 2010 |
| Judging Period 7 (Single Mod Voting Period 6) | 4:00pm on 3 September 2010 | 10:00am on 10 September 2010 |
| Judging Period 8 (Single Mod Voting Period 7) | 4:00pm on 10 September 2010 | 10:00am on 17 September 2010 |
| Judging Period 9 (Single Mod Voting Period 8) | 4:00pm on 17 September 2010 | 10:00am on 1 October 2010 |
30. The best valid entry in each Judging Period, as determined by the Promoter, will win a C2K merchandise pack valued at $30.
31. When a Registered Entrant submits any materials via the Promotional Website and/or Social Media Forum including comments, recordings or images (“Content”), the Registered 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 (including but not limited to, company brochures and other marketing and/or advertising material, without compensation, restriction on use, attribution or liability.
Registered 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 screen and/or remove any Content without notice for any reason whatsoever. Registered 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 right, unreasonably commercial (i.e. tantamount to a ‘guerrilla marketing’ attempt), defamatory, obscene, profane, 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 Registered Entrant agrees to indemnify the Promoter for any breach of the above terms.
32. Each Registered Entrant warrants to the Promoter that each entry that is submitted by the Registered Entrant is an original artistic/literary work of the Registered Entrant that does not infringe the rights of any third party. The Registered Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Registered Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968.
Major Prize Draw
33. The Major Prize Draw will take place at 12:00 noon AEST on 27 October 2010.
34. The Major Prize Winner will be notified by telephone and by email and their name will be published on the Promotional Website and in The Australian newspaper on 3 November 2010.
35. The first valid Major Prize Draw entry drawn will win the car (including its Mods) selected by Registered Entrants through the Base Car Voting Period and the Car Modification Voting Period (“Major Prize”), subject to term 14. The Major Prize will be ONE (1) of the following cars:
| Year | Make | Model | Maximum market value of modified car* |
| 1999 to 2000 | Nissan | Skyline R34 GT | $35,675 |
| 1994 to 1998 | Toyota | Supra JZA80 SZ | $37,675 |
| 2006 to 2007 | Holden | Commodore Ute SV6 VZ | $37,175 |
| 2002 to 2005 | Ford | Falcon Sedan BA XR6 | $30,675 |
*This is the fair market value, as determined by the Promoter’s qualified motor vehicle assessor, for the vehicle type of the most recent manufacture year (based on the year ranges in the above table) with average kilometres for that manufacture year, and as modified through this Promotion. Each vehicle’s maximum market value in the above table additionally assumes the most expensive Mods are fitted during the Single Mod Voting Periods, the more expensive transmission type (if relevant) and in the case of the Skyline and Supra, a ‘coupe’ body type. Actual Mods fitted may differ based on final voting and this, together with the manufacture year, transmission type, condition, body type (if relevant) and actual odometer reading may affect the ultimate market value of the Major Prize. The value of second hand vehicles can differ between cities and regions of Australia based on buyer demand and other factors. The Promoter provides this fair market value in good faith and accepts no liability (unless such liability cannot be excluded by law) for market value changes within the second hand vehicle market.
The Major Prize will also include:
(a) the initial 12 months^ of vehicle registration;
(b) the initial 12 months^ of compulsory third party (“CTP”) insurance;
(c) the initial 12 months^ of mechanical warranty insurance (subject to that insurance policy's terms);
(d) the initial 12 months^ of comprehensive car insurance provided by the Promoter (subject to that insurance policy's terms and the Major Prize winner meeting the Promoter’s underwriting acceptance criteria);
(e) the vehicle’s stamp duty transfer cost;
(f) any vehicle dealership delivery charges; and
(g) all Mods installed as a result of voting during the Car Modification Voting Period.
^Any 12 month term may commence from the time the Promoter reasonably enters into an agreement with the relevant provider, but will not be less than 11 months residual benefit for the Major Prize winner.
36. Only if necessary, the Promoter will additionally pay the reasonable cost of overland transport (by means determined solely by the Promoter) of the Major Prize car to the capital city nearest to the Major Prize winner’s home address. The Major Prize winner (or their duly authorised representative) will need to make their own arrangements to attend the Major Prize pick-up point at the pre-determined time, in order to collect their prize.
37. Subject to these Terms and Conditions, the maximum value of the Major Prize is $44,862.29. This value is based on the maximum market value of a 1998 Toyota Supra (as modified by this Promotion), plus the cost of the additional Major Prize components, including a $1,000 comprehensive insurance premium, on the basis of the Major Prize winner residing in Perth, Western Australia. The place of residence of the Major Prize winner will determine the actual value of the Major Prize.
38. Any additional insurance, additional options, petrol costs or other ancillary costs will be the sole responsibility of the Major Prize winner. The only warranty, apart from the supplementary mechanical warranty referred to in term 35, given by the Promoter with respect to the Major Prize car is that it will be in a road worthy condition when transferred into the possession of the Major Prize winner.
39. Should the Major Prize winner, through any legal incapacity or otherwise, be unable to register the Major Prize car in their own name, they may assign the Major Prize 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 Major Prize winner and the assignee. The Major Prize winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the Major Prize car is awarded. It is a condition of accepting the Major Prize that the Major Prize winner (or their duly authorised representative) may be required to sign a legally binding release in a form to be determined by the Promoter in its discretion.
40. All prize draws will take place at Prime Focus, Suite 104, 55 Beach Street, Port Melbourne, Victoria 3207, at 12:00 noon.
41. The Promoter’s decision with respect to any prize or the conduct of this Promotion is final and no correspondence will be entered into.
42. If the winner of a prize (including the Major Prize) is under 18 years of age at the time of their winning prize draw, their prize will be awarded to their nominated parent or legal guardian.
43. Subject to term 47, and unless otherwise agreed with a winner in writing, if for any reason a winner does not take a prize by 4:00pm AEST on 27 January 2011, then that prize will be forfeited.
44. 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.
45. This Promotions’ maximum total prize pool is valued at $63,904.29. Please see term 37 for more information.
46. Subject to term 44, any prize offered in this Promotion, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
47. A draw for any unclaimed prizes will take place on 28 January 2011 at the same time of day and place as the original draws, subject to any directions from a regulatory authority. The winners’ names (for prizes over $250) form this unclaimed prize draw will be published in The Australian newspaper on 2 February 2011.
48. Registered Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a prize 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) or any of the Promoter's products or services in future. The Major Prize winner additionally permits the Promoter to utilise the Major Prize car for reasonable promotional purposes (which may include driving and displaying the car) before it is provided into the Major Prize winner’s possession.
49. 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, the Promoter reserves the right, at its sole discretion and to the fullest extent permitted by law, to:
(a) disqualify any Registered Entrant; and/or
(b) subject to any written directions from a regulatory authority, modify, suspend, terminate or cancel the Promotion, as appropriate.
50. Any cost associated with accessing the Promotional Website and/or Social Media Forum is the Registered Entrant’s responsibility and is dependent on the internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows anyone (whether a Registered Entrant or otherwise) to automatically enter repeatedly is prohibited and will render all entries submitted by that individual or entity invalid.
51. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and related bodies corporate) excludes all liability for any personal injury (including death), loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of one or more of the following:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any taking of, use of, or damage to, a prize (including the Major Prize car);
(c) any motor vehicle accident;
(d) any road traffic offence or penalty;
(e) any civil or criminal offence or penalty;
(f) any theft or attempted theft of a prize (including the Major Prize Car);
(g) any unauthorised access or third party interference;
(h) any registration, vote, 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;
(i) any variation in prize value to that stated in these Terms and Conditions; or
(j) any tax liability incurred by a Registered Entrant or prize winner.
52. As a condition of accepting any prize under this Promotion, a winner (or a representative of a winner) must sign any legal documentation as and in the form required by the Promoter and/or prize provider, in their absolute discretion, including but not limited to a legal release and indemnity form.
Information Collection and Privacy
53. The Promoter will collect personal information belonging to the Registered Entrants 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, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information.
54. In accordance with term 7, the Promoter may provide the personal information collected from Registered Entrants (apart from information relating to their car insurance) to Alpine. If consented to by a Registered Entrant, the Promoter and/or Alpine may, for an indefinite period use the personal information it holds for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant ("Permitted Uses") if so permitted by law. In the case of the Promoter, these Permitted Uses may relate to the Promoter's products or services or the Promoter may communicate information or offers from an affiliated third party, including Alpine. A Registered Entrant can telephone the Promoter on 13 13 26 or by email to contactus@justcarinsurance.com.au to opt-out from future use of personal information collected during this Promotion. They should quote "canvas2kickass promotion" when opting-out.
55. In the case of Alpine, the Permitted Uses will relate to its own products or services, and will be otherwise in accordance with its online privacy policy, which can be accessed at: www.alpine.com.au. Registered Entrants can opt-out of future use of their personal information by contacting Alpine on the address shown under the ‘Privacy Policy’ part of their website.
56. Registered Entrants should direct any request to access, update or correct information to the Promoter or Alpine, or both as required.
Promotion Permits
57. This Promotion is authorised under: NSW Permit no. LTPS/10/4958, VIC Permit no. 10/1675, ACT Permit no. TP10/2165 and SA Permit no. T10/1160.