Giveaway Terms and Conditions

Terms and Conditions of Entry


Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this promotion is deemed acceptance of these Terms and Conditions.

  1. Entry is only open to Australian residents aged 18 years or over.
  2. Directors, officers, management and 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 first cousin.
  3. The promotion commences at 12.00am AEST on Monday 13 June 2022 and entries close at 11.59pm AEST on Sunday 24 July 2022 (Promotional Period).
  4. To enter, individuals must, using their Instagram account, during the Promotional Period:
  5. follow both @drivecreativemelb (Instagram Page) on Instagram;
  6. like and leave a comment on the promotional Instagram post on the Instagram Page (Instagram Post) in accordance with the instructions provided on the Instagram Post which will include tagging a friend or family member’s Instagram account; and
  7. Multiple entries are not permitted per person.
  8. Entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed here: http://instagram.com/about/legal/terms. Entrants’ profiles must be on public display and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for entry.
  9. 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 or other information supplied at the time of entry) including by requiring the provision of certified copies of identification documents, and reserves the right, in its sole discretion, to disqualify any individual (and all associated entries) 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 promotion. 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. Automatically generated entries or entrants who enter using multiple phone numbers/email addresses/addresses/aliases may be disqualified.
  10. Incomplete or indecipherable entries will be deemed invalid.
  11. If there is a dispute concerning the conduct of this promotion (including as to the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant’s grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.

Winner Determination:

  1. The draw will take place at Drive Creative PTY LTD trading as Drive Creative (ABN 14 647 003 923) at Factory 2 / 67 Industrial Drive, Braeside 3195 VIC, at 1:00pm AEST on Monday, 27 June 2022; Monday, 11 July 2022 and Monday 25 July 2022.
  2. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  3. The winner will be notified in writing by the Instagram private messaging feature, as well as published on the Instagram Page on Monday, 27 June 2022; Monday, 11 July 2022 and Monday 25 July 2022.
  4. The winner must respond to the Promoter within 7 business days of draw to claim the prize.
  5. The prize and how it is awarded: The first valid entry drawn will win 1 Essential Signage Pack, consisting of Business Logo and Name cut from Coloured Vinyl supplied and cut by Drive Creative. Valued at $600 excluding GST. Unless expressly set out in this clause, there are no bonus prizes awarded as part of this promotion.
  6. The winner must supply all logos and fonts for Essential Signage Pack to be cut and installed by Drive Creative when the winner claims their prize pursuant to these Terms and Conditions, within 28 days of the draw.
  7. The winner must be available to bring their vehicle and/or machinery to Drive Creative for installation at Factory 2/67 Industrial Drive, Braeside 3195 VIC.
  8. Drive Creative is not responsible for any loss or damage to the vehicle while it is under possession of Drive Creative.
  9. If a prize (or part of a 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.
  10. Subject to the unclaimed prize draw clause, if for any reason the winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  11. Total prize pool value is up to $1,800 excluding GST.
  12. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  13. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  14. 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;
  15. their Content shall not contain viruses or cause injury or harm to any person or entity;
  16. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  17. the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
  18. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  19. 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’ computers or communication systems.
  20. As a condition of entering this promotion, each entrant licences 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 (which shall include Content) 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.
  21. 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.


Participants must not:

  1. tamper with the entry process;
  2. engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
  3. act in a disruptive, annoying, threatening, abusive or harassing manner;
  4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion;
  5. breach any law; or
  6. behave in a way that is otherwise inappropriate.
  7. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  8. 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) (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 promotion.
  9. 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 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 (f) use of a prize.
  10. Any cost associated with accessing Instagram is the 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 an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  11. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
  12. 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, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, 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 opt out, access, update or correct information to the Promoter using the details in clause 29 or emailing info@drivecreative.com.au. All entries become the property of the Promoter. Visit https://drivecreative.com.au/policies/terms-of-service for the Promoter’s privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint.
  13. The Promoter is Drive Creative PTY LTD trading as Drive Creative (ABN 14 647 003 923) at Factory 2 / 67 Industrial Drive, Braeside 3195 VIC. Phone number: (03) 9580 9595
  14. If any terms and conditions are imposed by a third party on a winner’s ability to use some or all of the prize (by way of example, ticketing terms of use, venue entry terms and standards etc.) (Third Party Provider) then the winner must comply with those additional terms (which may include a requirement to demonstrate appropriate standards of behaviour while using the prize) or the winner will forfeit the prize (and the ability to continue to use and enjoy the prize) immediately on notice from the relevant Third Party Provider, or the Promoter (as applicable). Further, the entrant acknowledges and agrees that clause 24 applies equally to limit the liability of any Third Party Provider in respect of the conduct of the Promotion or the issue or use of any prize awarded in respect of the Promotion.
  15. The Promoter will use reasonable endeavours to comply with the timeframes as set out in these Terms and Conditions subject to the entrant’s compliance with these Terms and Conditions (including responding to requests for information from the Promoter in a timely manner) or other events beyond the reasonable control of the Promoter which may otherwise affect specified timeframes.