PROMOTER
1. The Promoter is Penske Automotive Australia Pty Ltd (ABN: 53 676 147 158) of 72 Formation Street, Wacol, Queensland 4076, email: sales@porschemelbourne.com.au (“Promoter”).
TERMS AND CONDITIONS
2. The Promoter wishes to promote the sale of its Porsche 718 vehicles at Porsche Centre Melbourne Sales Haus, 359 Plummer Street, Port Melbourne 3207 VIC, Australia (“PCM Sales Haus”) by accepting any roadworthy and registered vehicle approved by the Promoter, at its sole discretion, (“Vehicle”) for trade-in. After passing an inspection at PCM Sales Haus, the Promoter may accept Vehicle for trade-in and any eligible participant may receive a $5,000 (including GST) credit (“Credit”) towards the purchase of a new Porsche 718 at PCM Sales Haus.
3. Information on how to enter the ‘Porsche Centre Melbourne Sales Haus Trade-in Promotion’ (“Promotion”), the Promotion period and other relevant information forms part of these terms and conditions (“Conditions”).
4. Participation or attempted participation in the Promotion is deemed acceptance of these Conditions and of the Promoter’s privacy policy which can be viewed at https://penske.com.au/compliance-legal/. Participants’ personal information will be dealt with in accordance with applicable privacy laws and the Promoter’s privacy policy. Immediately upon submission by a participant, entries become the sole property of the Promoter.
5. By participating in the Promotion, participants acknowledge and agree:
a) these Conditions do not form an agreement for the Promoter to accept a Vehicle for trade-in;
b) neither the making nor acceptance of an offer to accept a Vehicle for trade-in subject to an inspection and its determination that the Vehicle is roadworthy forms an agreement for the Promoter to accept a Vehicle for trade-in; and
c) any agreement by the Promoter to accept a Vehicle for trade-in must be subject of a separate agreement.
WHO CAN ENTER
6. Entry is only open to participants who:
a) Trade in any roadworthy and registered Vehicle to PCM Sales Haus during its trading hours before 30 June 2025;
b) Pay for and take delivery of a new Porsche 718 from PCM Sales Haus during its trading hours before 30 June 2025 and do not subsequently exercise their right to cool off;
c) Is aged over 18 years;
d) Is the registered owner of the Vehicle, or have consent in writing from the registered owner, or a valid power of attorney to deal with the Vehicle;
e) Is not a motor dealer, holds a motor dealer licence or be required to hold a motor dealer licence;
f) Does not carry on (or be involved in the carrying on of) a business involving the provision of motor vehicles for commercial purposes;
g) Trade in a Vehicle that is free of any claims, including any security interests or encumbrances;
h) Have made accurate and full disclosure of any modifications and/or accidents of the Vehicle to the Promoter; and
i) Complete all the entry requirements outlined in clause 10.
7. Notwithstanding clause 6, the Promoter has the absolute discretion to determine whether a person is an eligible participant or a Vehicle is acceptable for a trade-in.
8. Directors and employees of the Promoter including their immediate families, agencies, companies associated with the Promotion and staff of Porsche Dealers may be eligible to enter upon written approval by the General Sales Manager of PCM Sales Haus.
PROMOTION PERIOD
9. The Promotion commences on 14 April at 9:00am Australian Eastern Standard Time (“AEST”) and concludes on 30 June 2025 at 5:30pm AEST (“Promotion Period”).
HOW TO ENTER
10. To enter the Promotion, eligible participants must, during the Promotion Period:
a) Physically present and trade-in any Vehicle to PCM Sales Haus during its trading hours before 30 June 2025;
b) Pay for and take delivery of a new Porsche 718 from PCM Sales Haus during its trading hours before 30 June 2025 and do not subsequently exercise their right to cool off;
c) Complete the Registration Form which will be provided by the Promoter’s staff, including by:
i. supplying their name, address, email address, and phone number and postcode;
ii. accurately complete such other forms, and provide such information, as the Promoter requires; and
iii. accepting these Conditions and the Promoter’s privacy policy (which can be accessed at (https://penske.com.au/compliance-legal/).
11. Number of Permitted Entries: one (1) entry per eligible participant.
ENTRIES
12. The Promotion is exclusive to PCM Sales Haus.
13. The Promoter does not guarantee under any circumstances that a Porsche 718 will be available or allocated to the eligible participant. The Promotion is subject to availability of the Porsche 718 and while stocks last and can be substituted or removed without notice.
14. All eligible participants must have completed the required steps as outlined in the “How To Enter” section of these Conditions to participate in the Promotion.
15. A valid entry will be deemed to be received at the time when the eligible participant has accurately completed all the requirements in clause 10.
16. The eligible participant warrants that all information provided to the Promoter in relation to the Vehicle is true and accurate.
17. The eligible participant acknowledges that the Promoter relies, and is entitled to rely, on the information they provide to the Promoter about the Vehicle.
18. The Promoter accepts no responsibility for late, lost, misdirected, indecipherable, incorrect or incomplete entries.
19. The Promoter does not warrant that the entry mechanism will be available at all times.
20. The Promoter reserves the right, at any time, to verify the validity of entries and eligible participants (including the 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 these Conditions, tampered with the entry process or engaged in any unlawful or other misconduct which may jeopardise the fair and proper conduct of the Promotion. Errors and omissions will be addressed by the Promoter in its sole 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.
21. If there is a dispute as to the identity of the eligible participant, the Promoter reserves the right, in its sole discretion, to determine whether the eligible participant will be allowed to continue participating in the Promotion.
22. All eligible participants must do so in good faith and must not use:
a) Their participation in the Promotion; or
b) Any data or information the participants obtains by reason of their participation in the Promotion for any purpose:
i. other than their participation in the Promotion; or
ii. that may adversely affect or impact on the Promoter.
INSPECTION OF VEHICLE
23. The Promoter may contact any eligible participant to arrange an inspection of their Vehicle at PCM Sales Haus (“Inspection”).
24. At the Inspection, the eligible participant must:
a) provide the Promoter with documents showing that the eligible participant owns the Vehicle or has the authority to deal with the Vehicle;
b) bring all sets of the Vehicle’s keys, the service history or log book and proof of current registration and any other relevant documents; and
c) if the Vehicle is subject to finance, provide the Promoter with a letter from the lender showing the current outstanding payout balance.
25. The Promoter may request for more than one Inspection of an eligible participant’s Vehicle.
26. To the extent permitted by law, the Promoter is not liable for:
a) any loss, damage, cost, expense, personal injury or death to any eligible participant, or any third party arising out of the Inspection; or
b) the security of the Vehicle or any damage to the Vehicle incurred before, during or after the Inspection.
VALUATION AND CONDITION OF VEHICLE
27. The Promoter will determine the valuation of the Vehicle based on information received from the eligible participant and a market assessment.
28. The eligible participant is responsible for satisfying themselves that the valuation of the Vehicle by the Promoter is fair and reasonable.
29. The eligible participant acknowledges and agrees that the valuation provided by the Promoter does not amount to a representation that it is the highest amount the eligible participant may be able to secure for the Vehicle from other potential buyers.
30. The Promoter reserves the right to vary or withdraw its valuation upon written notice at any time at its sole discretion and without explanation prior to the eligible participant concluding its purchase of a new Porsche 718 from PCM Sales Haus.
31. There may be cases where the Promoter is unable to accept a Vehicle for trade-in, including but not limited to where the Vehicle:
a) has been modified;
b) contains rust;
c) is in an unroadworthy condition;
d) has warning lights displayed on the dashboard;
e) has been in a major accident; or
f) has been declared stolen or written off.
32. In the event that clause 30 applies, the Promoter is not obliged to make a revised valuation or accept the Vehicle for trade-in.
NOTIFICATION OF TRADE-IN AND CREDIT OFFER
33. Within 48 hours (or as soon as is practicable) of the Inspection and receipt of any such other information the Promoter has requested, the Promoter may contact the eligible participant of its offer to accept the Vehicle for a trade-in and an offer of a Credit towards the eligible participant’s purchase of a new Porsche 718 at PCM Sales Haus (“Offer”).
34. Any acceptance of the Promoter’s Offer must be communicated to the Promoter in writing and will no longer be open for acceptance after 30 June 2025 or such other earlier date as the Promoter may nominate by notice in writing to the eligible participant.
35. Notwithstanding anything to the contrary in these Conditions, the eligible participant acknowledges and agrees any Offer made by the Promoter is conditional on and subject to the signing of any usual legal documentation as and in the form required by the Promoter in its absolute discretion.
36. Eligible participants who receive an Offer agree to have their name and State of Territory of their residence published on the Promoter’s social media channels, including Instagram and Facebook, or the Promoter’s website (https://penske.com.au/compliance-legal/).
37. Without prejudice to any of its other rights under these Conditions, the Promoter may upon written notice vary or withdraw its Offer at any time at its sole discretion and without explanation prior to an eligible participant concluding its purchase of a new Porsche 718 from PCM Sales Haus.
USE OF CREDIT AND RESTRICTIONS
38. The Credit is not exchangeable or redeemable for cash. The Credit must be taken as offered or directed by the Promoter and may only be varied in writing at the sole discretion of the Promoter.
39. The exchange or transfer of the Credit to another person is strictly prohibited.
40. The eligible participant’s Credit towards the purchase of a new Porsche 718 will be determined at the sole discretion of the Promoter following all the Promoter’s validation and verification requirements being met to its satisfaction. In the event that eligible participant cannot provide suitable validation or verification within the time requested by the Promoter, they will forfeit their right to the Credit and no substitute will be offered.
41. The eligible participant must take delivery of a new Porsche 718 from PCM Sales Haus during its trading hours before 30 June 2025 and failing this, the eligible participantforfeits all entitlements to the Credit and all components thereof and no substitute or compensation will be supplied in lieu of the Credit.
ENCUMBRANCES
42. Where the Vehicle is subject to one or more encumbrances, the eligible participant acknowledges and agrees that unless otherwise agreed by the parties in writing:
a) the amount of the Offer represents the total amount the Promoter offers to pay for the Vehicle;
b) part of the amount offered by the Promoter may be payable directly to the holder of an encumbrance, to obtain clear title to the Vehicle; and
c) in such circumstances, this would result in the eligible participant receiving less than the amount of the Offer.
PUBLICATION
43. By entering the Promotion, the eligible participant consents to their name and image being published by the Promoter, including on the Promoter’s social medial channels following notification of an Offer by the Promoter.
GENERAL
44. 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 Promotion on the date and in the manner described in these Conditions, including but not limited to pandemic, epidemic, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same Conditions, subject to any written directions given under any law or regulation.
45. The Promoter may vary these Conditions or the Credit at any time. The Promoter may cancel or suspend the Promotion at any time in its sole discretion.
46. Without limiting any other terms herein, the participants hereby indemnify the Promoter from any actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) suffered by the Promoter arising from or in connection with the participant’s breach of these Conditions.
47. The Promoter (including its officers, employees, contractors and/or representatives) shall not be liable (including for any negligence) for any loss or damage whatsoever which is suffered (including but not limited to direct, indirect, special or consequential loss or damage) or for any personal injury suffered or sustained in any way arising under or in connection with the Promotion or these Conditions, except for any liability which cannot be excluded by law.
48. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the participant or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
49. Nothing in these Conditions limits, excludes or modifies or purports to limit, exclude, or modify an individual’s statutory guarantees as provided under the Promotion and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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) 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.
50. The Promoter accepts no responsibility for any tax liabilities that may arise from accepting the Offer. Independent financial advice should be sought as tax implications may arise as a result of accepting the Offer.
51. The eligible participant must, at the Promoter’s reasonable request, participate in any promotion activity (such as publicity and photography) relating to the fulfilment of the Promoter’s Offer, free of charge, and they consent to the Promoter using their name and imagery in any future promotional material related to this Promotion.
52. Time is of the essence in these Conditions. Eligible participants must strictly comply with all time requirements set out in these Conditions.
53. The Promoter complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. All entries remain the property of the Promoter. Details from entries will be collected and used for the purposes of conducting the Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes surrounding the Promotion. By entering the Promotion, each participant consents to the use of their information as described and as set out in the Promoter’s privacy policy (available at https://penske.com.au/compliance-legal/), and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, publicity purposes and marketing without any further reference or payment to the participant. Participants may access, change and/or update their personal information and obtain a copy of the Promoter’s privacy policy by contacting the Promoter at the address stated in clause 1 of these Conditions of Entry or via the following email address privacy@penske.com.au.
54. The Promotion, and these Conditions are governed by the laws in force in Victoria, Australia. Each eligible participant hereby submits to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any issue, dispute or matter arising under or in connection with the Promotion and these Conditions.