Horsepower Crew (promotor) Trade promotion – Supported by City Discount Tyres (prize provider)

TERMS AND CONDITIONS

1. The Promoter is Horsepower Crew Pty Ltd ABN 94 614 122 726, 863-865 South Rd, Clarence Gardens SA 5039, info@horsepowercrew.com.

2. Information on how to enter, mechanics of entry and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. Entry is an online entry ( horsepowercrew.com/sssEOI – Promotional Website page). By filling in the details on the form and submitting an “Expression Of Interest” (EOI) to display a vehicle at the “Sunday Strath Session” Event, confirmed EOI submission and full payment of the EOI will enable 1 chance to win. If an EOI is accepted and 2nd full payment received for acceptance and vehicle is on display on the event day, an additional chance to win will be in the draw. Only one entry per vehicle is allowed, if a person has multiple vehicles that they would like to express interest for and make full payment(s), this is permitted. Only one valid entry picked at random will win.

3. Directors, management, volunteers and employees of the Promoter and its related entities (and their immediate families), printers, suppliers, providers and agencies associated with this promotion are ineligible to enter the promotion.

4. Entry is only open to residents of South Australia aged 18 years or older (Eligible Entrants).

5. The promotion starts at 6:00am (ACST) on 03/10/2025 and ends at 1:00pm (ACDT) on 19/11/2025 (Promotion Period). The Draw is anticipated to take place on 23/11/2025 at the “Sunday Strath Session” event in Strathalbyn Soldiers Memorial Gardens at approximately midday and may be livestreamed. If the winning entrant is not present at the draw to identify themselves, attempts to contact the winning entrant will be by phone and email

6. If no contact has been established with winning entrant or prize unclaimed within 14 days of draw, a redraw may occur thereafter. The winning entrants name will be published on Horsepower Crew’s Facebook page on 23/11/2025, or when successfully drawn and contact established with winning entrant/prize accepted. The decision is final and no correspondence will be entered into.

7. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. Entries must be received by the Promoter during the Promotion Period. Entries received will be considered final by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected entries.

8. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Contact details entered incorrectly on the entry form by an entrant will deem an entry invalid.

9. 1 valid entry will be selected as the major winning entrant and awarded a set of 4 tyres, valued at up to $1,500, including fitting at a City Discount Tyres dealer in South Australia Only. Promotor will provide the winning entrant suitable contact details and process details in how and when is possible to claim the prize from the prize provider.


10. The Prize is not transferable or exchangeable. The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value. No cash fund on the difference of value.

11. Prize will only be available for collection and fitting at a City Discount Tyres shop in South Australia. The winning entrant is responsible for transporting their vehicle, at their own expense, to their selected City Discount Tyres dealer within South Australia.


12. The Promoter and the Entrant acknowledge that the Entrant is providing their personal information to the Promoter for the purposes of the Promotion.

13. If the Prize or an element of the Prize becomes unavailable, for any reason beyond the Promoter’s or prize provider’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu by the prize provider, subject to any written directions made under applicable State or Territory legislation.

14. It is a condition of accepting the Prize that the winning entrant may be required to sign a legal release/s or release/s in a form determined by the Promoter in its absolute discretion.

15. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an entrant, the entrant agrees to indemnify the Promoter for those losses, damages and costs.

16. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.

17. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant’s or any other person’s mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.

18. The Promoter and its associated agencies and companies are not liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with taking the Prize or using the Prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter and its agents associated with this promotion take no responsibility for the Prize (or part of the Prize) damaged or lost in transit (if relevant).

19. If for any reason this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide an alternative prize to the same value as the original Prize, subject to any written directions made under applicable State or Territory legislation.

20. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

21. As a condition of entering this promotion, an entrant consents to, in the event they are the winning entrant, the Promoter using the entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter or its prize providers/supporters. The entrant agrees that, in the event they are the winning entrant, the entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.

22. An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects personal information about an entrant to include the entrant in the promotion and, where appropriate, award the Prize. If the personal information requested is not provided, the entrant cannot participate in the promotion and is deemed ineligible. An entrant also agrees that in the event the entrant is the winner, publish or cause to be published the entrant’s name and locality in any media, as required under the relevant State or Territory lottery legislation.

23. If a winning entrant is not in contact with the promoter within a reasonable period, the promoter has the right to consider his/her prize forfeited.  

24. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in any event, including but not limited to; catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

End Document
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Horsepower Crew Event Ticket T&C’s – as at 28/03/2025
The ticket is proof of purchase of the event and must be presented at the time of admission.
 
The ticket is non-transferable and only one ticket is valid per ticket purchased. Tickets are
not to be duplicated for the purpose of falsifying entry.

Ticket exchanges and refunds will not be accepted within a fortnight of the event. 

The Event Organiser reserves the right to refuse entry.
 
This ticket may be valid as a tax invoice or receipt in the case of registrations or other event
payments.
 
This ticket has been created and managed using the TryBooking site and is also subject to
the Terms and Conditions of TryBooking.
 
If you have any questions regarding this event, please contact Horsepower Crew
here: http://www.horsepowercrew.com/contact
 
Proof of age or concession card may be requested.
 
Tickets cannot be on-sold by any means at a price greater than the purchase price of the
ticket. Scalped tickets may be cancelled, and the ticket holder denied entry.
 
Any persons who are noisy, drunk, threatening or unruly will be asked to leave the premises,
and will not be eligible for a refund.
 
If the event is cancelled after 8am on Saturday the 25th of May 2025 due to safety reasons,
force majeure, or other type of similar reason; no refunds will be issued.

Cars and drivers mentioned on this website cannot be guaranteed to attend the event. While
the best endeavours are made by organisers to deliver entrants and vehicles promoted here
and elsewhere, the organisers cannot guarantee the running or appearance of all vehicles
and entrants at the Horsepower Crew Wintertime Snow & Shine 2025

The following conditions in respect of a permit, authorisation or ticket (collectively, Ticket)
sold or granted by Horsepower Crew allowing entry to the motoring Enthusiast event known
as the “Wintertime Snow & Shine” (Event), in addition to any term stated or referred to in the
Ticket. Every Ticket allowing entry to the Event is subject to these conditions. Any person
who, at any time, holds, purchases or otherwise acquires a Ticket (Patron) to enter the Event
accepts and understands as binding the Conditions and any accompanying risks, obligations
and responsibilities. It is each Patron’s responsibility to inform themselves of all the
Conditions.

Motor vehicles can be dangerous, and for your safety we ask that you always follow the
directions of marshals and officials.

You must not attempt to spectate outside of the designated spectator zones that are fitted
with concrete barriers and debris fencing. 

Notwithstanding the above information, please refer to the MOTORSPORT AUSTRALIA
disclaimer HERE.
ALWAYS

persons attending or participating in the event; and ● the failure or unsuitability of facilities
(including grand-stands, fences and guard rails) to ensure my safety.
Exclusion of Liability, Release and Indemnity
In exchange for being able to attend or participate in the Motorsport Activities, I will and
agree to:
 ●  to release the event relatd Entities to the extent that any or all of them are
providing Recreational Services from all liability for: ● my death;
● any physical or mental injury (including the aggravation, acceleration or recurrence of such
an injury);
● the contraction, aggravation or acceleration of a disease including but not only COVID-19;
● the coming into existence, the aggravation, acceleration or recurrence of any other
condition, circumstance, occurrence, activity, form of behaviour, course of conduct or
state of affairs:
● that is or may be harmful or disadvantageous to me or the community; or
● that may result in harm or disadvantage to me or the community,
● any claim for any costs and expenses I may incur as a consequence of any of the above;
arising from my participation in or attendance at the Motorsport Activities;
 ●  to indemnify and hold harmless and keep indemnified Horsepower Crew and the
Entities to the maximum extent permitted by law in respect of any Claim by any
person; and
 ●  to attend at or participate in any vehicle Activities at my own risk.
I understand that:

o ●  nothing in this document excludes, restricts or modifies any rights that I
may have as a result of significant personal injury that is caused by the
Reckless Conduct of Horsepower Crew and the Entities as the supplier of
vehicle Activities and Recreational Services;
o ●  nothing in this document prevents Horsepower Crew and the Entities from
relying on any laws (including statute and common law) that limit or preclude
their liability;
o ●  nothing in this document excludes any term or guarantee which under
statute cannot be excluded, however the liability of Horsepower Crew and the
Entities is limited to the minimum

liability allowable by law;

o ●  nothing in this document precludes me from making a claim under a
Horsepower Crew insurance policy where I am expressly entitled to make a
claim under that insurance policy; and
o ●  Horsepower Crew has arranged for limited personal injury insurance
coverage which may provide me with some protection for loss, damage or
injury that I may suffer during my

participation in any vehicle Activities. I acknowledge and accept that the insurance taken out
by Horsepower Crew may not provide me with full indemnity for loss, damage or injury that I

may suffer during my participation in any vehicle Activities, and that I may have to pay the
excess if a Claim is made under an insurance policy on my behalf. I agree that my own
insurance arrangements are ultimately my responsibility and I will arrange any additional
coverage at my expense after taking into account Horsepower Crew insurance
arrangements, this document and my own circumstances.
Where Vehicle Activities are held in the following jurisdictions, I acknowledge that I have also
read and accept the following warnings:
Under Australian Government Consumer Law (which is part of the Competition and
Consumer Act 2010 (Commonwealth)), several guarantees are implied into contracts for the
supply of certain goods and services. I agree that the application of all or any of the
provisions of Subdivision B of Division 1 of Part 3-2 of Australian Consumer Law (i.e.
guarantees relating to the supply of services), the exercise of rights conferred by those
provisions, and any liability of Horsepower Crew and the Entities for a failure to comply with
any such guarantees, are excluded. However, such exclusion is limited to liability for:
● death, physical or mental injury (including aggravation, acceleration or recurrence of such
an injury of the individual);
● contraction, aggravation or acceleration of a disease of an individual; or
● the coming into existence, the aggravation, acceleration or recurrence of any other
condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of
affairs
in relation to an individual that is or may be harmful or disadvantageous to the individual or
the community, or that may result in harm or disadvantage to the individual or the
community. This exclusion does not apply to significant personal injury suffered by me as a
result of the reckless conduct of Horsepower Crew any related Entities.
Warning Applicable in Relation to Motorsport Activities Held in Victoria
Warning Under The Australian Consumer Law and Fair Trading Act 2012:
Under The Australian Consumer Law (Victoria), several statutory guarantees apply to the
supply of certain goods and services. These guarantees mean that the supplier named on
this form is required to ensure that the recreational services it supplies to me:
● are rendered with due care and skill;
● are reasonably fit for any purpose which I either expressly or by implication, make known
to the supplier; and ● might reasonably be expected to achieve any result I have made
known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the
supplier is entitled to ask me to agree that these conditions do not apply to me. I understand
that if I agree to this form, I am agreeing that any rights to sue the supplier under the
Australian Consumer Law and Fair Trading Act 2012 if I am killed or injured because the
services were not in accordance with these guarantees, are excluded, restricted or modified
in the way set out in this form.
Note: I note that the change to my rights, as set out in this form, does not apply if my death
or injury is due to gross negligence on the supplier’s part.
“Gross negligence” in relation to an act or omission, means doing the act or omitting to do an
act with reckless disregard, with or without consciousness, for the consequences of the act
or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations
2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Warning Applicable in Relation to Motorsport Activities Held in South Australia

Under sections 60 and 61 of The Australian Consumer Law (SA), if a person in trade or
commerce supplies me with services (including recreational services), there is a statutory
guarantee that those services:
● will be rendered with due care and skill; and
● any product resulting from those services, will be reasonably fit for the purpose for which
the services are being acquired (as long as that purpose is made known to the supplier); and
● any product resulting from those services, will be of such a nature, and quality, state or
condition, that they might reasonably be expected to achieve the result that the consumer
wishes
to achieve, (as long as that wish is made known to the supplier or a person with whom
negotiations have been conducted in relation to the acquisition of the services.
Excluding, Restricting or Modifying My Rights:
Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is
entitled to ask me to agree to exclude, restrict or modify their liability for any personal injury
suffered by me or another person for whom, or on whose behalf, I am acquiring the services
(a third party consumer). If I sign this form, I am agreeing to exclude, restrict or modify the
supplier’s liability with the result that compensation may not be payable if I or the third party
consumer suffer personal injury.
Important:
I do not have to agree to exclude, restrict or modify my rights by signing this form. The
supplier may refuse to provide me with the services if I do not agree to exclude, restrict or
modify my rights by signing this form. Even if I sign this form, I may still have further legal
rights against the supplier. A child under the age of 18 cannot legally agree to exclude,
restrict or modify their rights. A parent or guardian of a child who acquires recreational
services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify my rights:
I agree that the liability of Horsepower Crew and related Entities for any death or personal
injury that may result from the supply of the recreational services that may be suffered by me
(or a person for whom or on whose behalf I am acquiring the services) is excluded. Further
information about these rights can be found at www.cbs.sa.gov.au
Definitions:

  1. “Claim” means and includes any action, suit, proceeding, claim, demand or cause of
    action however arising including but not limited to negligence, BUT does NOT include
    a claim under a Horsepower Crew insurance policy by any person expressly entitled
    to make a claim under that insurance policy;
  2. “Entities” means event and competition organisers/promoters/managers, land and
    track owners/managers/administrators/lessees, Horsepower Crew affiliated clubs,
    state and territory governments and insureds listed in Horsepower Crew
    public/product/professional indemnity insurance policies and each of their related
    bodies corporate (including their related bodies corporate) and each of their organs
    and agencies, officers/president/directors/executives, employees, servants, agents,
    partners, providers, members, competitors, drivers, co-drivers, navigators, officials,
    crew members, service crew, delegates, licence holders, representatives,
    commissions, committees, advisers, trustees, councils, panels, shareholders,
    volunteers, officials, appointees, delegated bodies and sponsors;
  3. “Vehicle Activities” means any Vehicle activities or Recreational Services which are
    permitted or approved which Horsepower Crew regulates or administers or otherwise
    are under the responsibility / control of Horsepower Crew
  4. “Horsepower Crew” means South Australia’s Motoring Enthusiast Community
    Organisation
  5. “Reckless Conduct” means conduct where the supplier of the recreational services is
    aware, or should reasonably have been aware, of a significant risk that the conduct
    could result in
    personal injury to another person and engages in the conduct despite the risk and without
    adequate justification;
  6. “Recreational Services” means (unless otherwise defined in this document) services
    that consist of participation in:
    a. a sporting activity; or
    b. a similar leisure time pursuit or any other activity that:
    i. involves a significant degree of physical exertion or physical risk; and ii. is undertaken for
    the purposes of recreation, enjoyment or leisure.​
    Full copy of disclaimer is here