Kia Open Access Competition 2025
Terms and Conditions

By entering the Kia Open Access Competition 2025 (the “Competition”) as organised by Kia Australia Pty Ltd (the “Promoter”), you are agreeing to the following terms and conditions:

1. STANDARD TERMS

1.1 Information on how to enter and the prizes form part of the terms of entry.

2. WHO CAN ENTER?

2.1 Subject to this clause 2, entry into this Competition is open to retail customers of the Promoter only. Prize 1 is open to all residents of Australia aged 18 years or older and entry for Prize 2 is open to all residents of Victoria aged 18 years or older.

2.2 Employees and their immediate families of the Promoter and its affiliates, and their associated agencies and companies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

2.3 Fleet customers of the Promoter are not eligible to enter. A fleet customer is an entity or individual that purchases vehicles through the Promoter or the Promoter’s authorised dealer under an ABN, ACN or an entity that utilises Kia Fleet pricing.

3. HOW TO ENTER

3.1 The Competition commences on Tuesday 15 October 2024 at 09:30am AEDT and concludes on Saturday 30 November 2024 at 23:59 AEDT (the "Competition Period”).

3.2 Entries must be received within the Competition Period:

Prize 1

3.3 In order to enter for a chance to win one (1) of the three (3) prizes specified in Clause 4.1 (i):

Entrants must purchase and pay for (in full) any new or demonstrator Kia electric vehicle (EV) from an authorised Kia dealer that is then registered as a sale via Kia Australia’s RDA system during the Competition Period (“Qualifying Transaction”). Please note that entrants who purchase a Kia Hybrid (HEV) or Kia plug in electric vehicle (PHEV) will not be eligible to enter the competition. Only retail customers who have purchased a Kia electric Vehicle (EV) during the Competition Period are eligible to enter.

Upon completing a Qualifying Transaction, entrants will automatically go into the draw for Prize 1. For clarity, entrants will receive a maximum of one (1) entry per Qualifying Transaction, subject to the below.

For the purposes of this Competition, “pay for (in full)” means to make payment for the full amount of the vehicle via any of the following options below:

a. Cash payment;

b. Payment via bank transfer or bank cheque;

c. Signed financial documents provided from the Kia dealership where Qualifying Transaction was made; and/or

d. Signed financial documents via an external financier which includes proof of remittance.

Prize 2

3.4 In order to enter for the chance to win one (1) of one hundred (100) double ground passes to the Australian Open, as further specified in Clause 4.1 (ii), Victorian residents must complete a Qualifying Transaction and, upon doing so, Victorian residents will be automatically entered into the draw for Prize 2. For clarity, Prize 2 is available to customers residing in Victoria only. Prize 2 is not available to customers who reside in any other state in Australia.

3.5 For the avoidance of doubt, Victorian residents who complete a Qualifying Transaction will automatically receive one (1) entry into the draw for Prize 1 and one (1) entry into the draw for Prize 2.

3.6 Multiple entries permitted, subject to the following: (a) only one (1) entry into the draw for Prize 1 is permitted per Qualifying Transaction; and (b) only one (1) entry into the draw for Prize 2 is permitted per Qualifying Transaction for residents of Victoria only.

3.7 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the 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.

3.8 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.

4. PRIZES

4.1 There will be one hundred and three (103) separate prizes in total.  Each of the prize package details are set out below:

4.2 The total prize value for all prizes is up to AUD $29,500 (including GST). Prize values are correct as of 9 September 2024. The Promoter accepts no responsibility for change in prize value between now and the ultimate date on which the prize is taken or received. The winner is not entitled to receive any money from any party if there is a difference between the maximum prize value and the actual prize value at the time of the draw.

4.3 In accepting a prize, winners agree to participate in and co-operate with all reasonable media editorial requests, including but not limited to, being interviewed and photographed, and winners grant the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide and winners will not be entitled to any fee for such use.

4.4 Prize 1 will have set travel dates and is subject to the following conditions:

o   Winners will be required to complete a prize acceptance form returnable to the Promoter on or before Tuesday 17 December 2024 to formally accept the prize;

o   Domestic travellers must provide a copy of their driver’s licence (or other official photo identification) on or before Tuesday 17 December 2024, or the prize will be reallocated to the next reserve winner drawn at the same time as the original draw;

o   A guest of a winner will be required to complete a prize acceptance form (and will need to provide a copy of their driver’s licence (or other official photo identification) on or before Tuesday 17 December 2024; and

o   The winner must finalise the prize booking on or before Tuesday 17 December 2024.

4.5 Prize 1 packages are single event holidays and cannot be separated into different holiday segments. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers.  

4.6 The winner and their guest must travel together, including travelling on the same flights and staying in the same accommodation.

4.7 The Promoter takes no responsibility and will not be liable for any cost incurred or associated in the event that the winner and/or their guest fails to attend their trip or part of their trip. For clarity, no compensation or alternative travel plans will be arranged should the winner and/or their guest miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the sole responsibility and expense of the winner and their guest.

4.8 A credit card imprint will be required from the winner at check-in to the hotel for all incidental charges and for security.

4.9 Once the booking is confirmed no changes are allowed, unless otherwise authorised by the Promoter in its absolute discretion and if permitted will incur a fee of AUD $250.00 including GST plus supplier charges which is payable by the winner.

4.10 Travel suppliers and airlines will be chosen at the discretion of the Promoter.

4.11 Comprehensive travel insurance is highly recommended and at the expense of the winner.

4.12 In the event that an element of the prize is cancelled or postponed for any reason, the winner agrees to forfeit the specified element and no cash alternative offer will be granted in lieu of the part of the prize.

4.13 Unless expenses are expressly stated in these terms and conditions to be expenses which are part of the prize, all other expenses incurred by the winner and their guest in preparation for, or during the trip, are the responsibility of the winner and their guest, including but not limited to all meals, spending money, incidentals, mini-bar, laundry, room service, telephone calls and all other ancillary costs.

4.14 It is a condition of accepting a prize that the winner and their guest must comply with all the conditions of use of the prize and the Promoter’s requirements.

4.15 The winner must be 18 years of age or above at time of entry and their guest can be any age. However, all guests under 18 years of age must travel with their parent or legal guardian and valid identification must be provided to the Promoter. In the event a winner’s guest is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation as required by the Promoter.

4.16 The Promoter and its associated agencies and companies or individuals associated with the provision of the prize/s, make no representation as to the safety conditions or other issues that may exist at any destination.

4.17 The winner and their guest are responsible for organising transport to and from the airport of initial departure and final return.

4.18 Any costs associated with alterations made by the winner and/or their guest to confirmed flights and/or accommodation details will be at the expense of the winner.

4.19 Prizes are not redeemable for cash and are not transferrable or exchangeable.

4.20 For Prize 1, once the prize is accepted, the winner must deal directly with AB Epicurean Adventures (or their agents) to book the prize and, where permissible, make any changes to the prize.

4.21 Prize 2 winners are responsible for making their own way to and from the event.

4.22 Redeeming Prize 1 is conditional on acceptance of the terms and conditions of travel as detailed by AB Epicurean Adventures and the airline carriers in accordance with normal travel practices.

4.23 Winners should seek independent financial advice regarding the prize as tax implications may arise as a result of accepting the prize.

4.24 Subject to the unclaimed prize draw clause, 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.

4.25 The Australian Open ticket prizes are 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 winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

4.26 It is the responsibility of the winner and their guest to ensure that they have full and correct documentation for travel and other travel documentation (including, without limitation, proof of COVID-19 vaccination in an appropriate form, if required) at their own cost.

5 PRIZE DRAW AND NOTIFICATION OF THE WINNERS

5.2 The prize draw will be held on Thursday  05 December 2024 at 15:00 AEDT at Anisimoff Legal, G13, 3 Amy Close, Wyong NSW 2259, in the presence of an independent scrutineer, for all prizes. The first three (3)  valid entries drawn from all entries will each win Prize 1. Entries from all non-Victorian residents will then be discarded so that only Victorian entries remain and the next one hundred (100) entries drawn from remaining Victorian entries will each be awarded Prize 2. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The prize winners will be notified by phone within twenty-four (24) hours of the prize draw, and a letter advising the Prize 1 winners will also be emailed to the email address associated with their registrations within twenty-four (24) hours of the draw. All winner's details (first name, surname and postcode) will be published at kiatennis.com.au on Friday 13 December 2024.  

5.3 The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.

5.4 It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

5.5 The Promoter may in its absolute discretion deem entries invalid subsequent to a winner being notified or a winner’s name being announced if it is discovered that the winner did not enter the Competition in accordance with these terms and conditions. In these circumstances, a replacement draw will be conducted.

5.6 Subject to State government legislation a draw for prizes that remain unclaimed will take place at Anisimoff Legal, G13, 3 Amy Close, Wyong NSW 2259 on Friday 20 December 2024 at 15:00 AEDT. Any winners of unclaimed prizes will be notified by a phone call on the day of the draw, and a letter advising the unclaimed Prize 1 winner(s) will also be emailed to the email address associated with their registration within twenty-four (24) hours of the draw.  Any winners of unclaimed prizes, if any will have their first name, surname and postcode published on kiatennis.com.au on Friday 27 December 2024.

5.7 The winner, whether drawn from the original draw or unclaimed prize draw must comply with all requirements for accepting their prize as set out in these terms and conditions.

6. NO LIABILITY

6.1 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, pandemic, endemic, state of emergency, strike, war, act of terrorism or any other kind of disaster, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to State government regulations.

6.2 The Promoter and its associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail.

6.3 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees and any other consumer rights provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition.

6.5 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) if the appearance of any or all of the athletes or the Australian Open event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at the prize event.

6.6 If for any reason this Competition is not capable of running as planned, due to causes including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition subject to state government regulations.

6.7 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.  The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

7. PROMOTER’S DETAILS

7.1 The Promoter is Kia Australia Pty Limited, (ABN 97 110 483 353), Locked Bag 2207, North Ryde, BC NSW 1670

7.2 Entry details remain the property of the Promoter. The Promoter and its related entities, will collect the entrant's personal information for the purpose of conducting and promoting this Competition (including for the purpose of identifying and notifying winners). The Promoter will handle the entrant’s personal information in accordance with the Promoter’s Privacy Policy which is available on its website at https://www.kia.com/au/util/privacy.html (and which contains information regarding how you can access your personal information, correct it and/or make a complaint about our handling of your personal information).

7.3 By entering the Competition, you agree to the terms of the Privacy Policy.  Without limiting the foregoing, the Promoter may disclose the entrant’s personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to the entrant’s relationship with the Promoter.  In addition, by entering this competition, you consent to the Promoter using your personal information for the purpose of the Promoter and its related entities sending you information regarding products and services available through them and/or through their business partners, and to the Promoter from time to time sharing your personal information with carefully selected business partners for the purpose of them sending you such information directly.

7.4 The Promoter will always provide you with the ability to opt out of such communications. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy ).

Authorised under Permits:  NSW Authority Number: TP/02943. ACT Permit Number: TP24/02190. SA: Permit Number TP24/1650.