MAGIC HAND CAR WASH: CHRISTMAS IN JULY CAR PROMOTION TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE

1. ENTRY
   1. The Promotion will commence at 12:01am AEST/AEDST on 1 July 2025 and close at 11:59pm AEST/AEDST on 31 July 2025 (“Promotional Period”).
   2. An individual is only eligible to enter into the Promotion if they meet the following conditions:
      1. The individual purchases the 2-for-1 car wash deal (“Christmas Deal”) either in-store or online during the Promotional Period;
      2. The individual is an Australian resident who resides in Victoria, Queensland, Western Australia or Tasmania;
      3. The individual holds a valid Australian driver’s licence;
      4. The individual is not involved in conducting the Promotion or the management of any benefiting business in relation to the Promotion;The individual is not employed by the Promoter or related in any way to an existing employee of the Promoter; and
      5. If the individual is under the age of 18 years old, they must have the prior consent of a respective parent or legal guardian to enter.
2. PARTICIPATION
   1. Entering in-store: Individuals can enter the Promotion by visiting any Magic Hand Car Wash location and purchasing the Christmas Deal during the Promotional Period. In order to be entered into the Promotion, individuals will be asked to provide their full name, date of birth, address, email address and telephone number.
   2. Entering online: Individuals can enter the Promotion by visiting the promotion page on the website: magicwash.com.au/privacy-policy/. purchasing the Christmas Deal and following the prompts to become an entrant for the Promotion during the Promotional Period. Individuals will be required to submit an online entry where they must provide their full name, date of birth, address, email address and telephone number.
   3. Entrants will receive one (1) entry for every one (1) Christmas Deal purchased. There is no limit on the number of entries per entrant.
   4. An entry will be deemed invalid and/or ineligible and subsequently discarded if it is:
      1. late;
      2. incomplete;
      3. indecipherable;
      4. incomprehensible;
      5. illegal;
      6. unlawful; or
      7. deemed otherwise inappropriate by the Promoter.
   5. The Promoter reserves the right, at any time and in its full discretion, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to deem any entries invalid/ineligible and disqualify any entrant whereby the entrant:
      1. entered the Promotion without being eligible under these Terms;
      2. tampered with the entry process;
      3. submitted an entry that does not comply with these Terms; or
      4. engaged in misleading or deceptive or fraudulent conduct or otherwise behave in a way that may, as reasonably believed by the Promoter, bring the Promoter into disrepute.
   6. 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 an entrant committing any offence in relation to the Promotion are reserved.
   7. The Promoter is not responsible or liable for an entry not being received by the Promoter for any reason whatsoever.
   8. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.
   9. Entries must be received before the end of the Promotional Period.
   10. Where a dispute arises as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
3. PRIZE
   1. The first (1st) valid entry drawn from all valid entries received during the Promotional Period will win one (1) Fiat 500 valued up to AUD $40,000 (including GST) (“Prize”).
   2. Only one Prize will be awarded under the Promotion.
   3. The Prize includes registration, compulsory third-party insurance, stamp duty, standard number plates and dealer delivery charges (which may vary from State by State). Any ancillary costs associated with redeeming the Prize are the responsibility of the person that wins the Prize (“Winner”).
   4. The Winner must take the Prize as offered. The Prize, or any unused portion of the Prize, is not exchangeable or redeemable for cash or other goods or services.
   5. Any additional optional extras and accessories, comprehensive insurance and any other insurance, fuel, personal costs, and any other ancillary costs associated with redeeming the Prize are excluded and are the responsibility of the winner. The colour of the vehicle Prize is at the discretion of the supplying dealer and will be based on availability. Subject to agreement by the supplying dealer, stock availability and subject to the winner agreeing to pay any additional amount requested by the supplying dealer, the Winner may choose to include optional extras and accessories. Except as expressly stated in these conditions, the supplying dealer will not provide a substitute model.
4. DRAW AND AWARD OF PRIZE
   1. On 1 August 2025 at 6pm AEST/AEDST at Zagame Fiat, 348 Swan Street, Richmond, Victoria 3121 (“Draw Date”), the Promoter will randomly draw the Winner of the Promotion. The draw will be livestreamed on the Promoter’s social media accounts.
   2. Each valid entry in the Promotion will have an equal chance of being drawn.
   3. The Promoter may draw reserve winners and record them in the order they are drawn to address a situation where the original Winner drawn on the Draw Date is invalid or ineligible. If this process does not result in the Prize being awarded, the Prize will be awarded in the unclaimed Prize draw as set out below.
   4. Members of the public may attend the draw or redraw. However, entrants are not required to attend the draw in order to be deemed the Winner.
   5. The Winner will be notified by telephone and email within seven (7) days of the draw using the phone number and the email address provided by the Winner at the time of their entry. The Winner’s first initial, last name and postcode will be published on the website: magicwash.com.au/privacy-policy/.in an Instagram post on the Promoter’s Instagram page: instagram.com/magichandcarwash_/ and in a Facebook post on the Promoter’s Facebook page: facebook.com/magichcw within seven (7) days of the Draw Date and will remain published for a minimum of 28 days.
   6. The Winner must hold a current Australian driver’s licence. The Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Prize in the Winner’s name prior to collection. Receipt of the Prize is subject to the Winner being able to lawfully take possession of the Prize and comply with all registration and compulsory third party insurance requirements of the State/Territory in which the Winner elects to register the Prize. If the Winner is unable to register the Prize in their own name, then they may assign the Prize to another person (who consents to such assignment). The Promoter takes no responsibility for any such arrangements.
   7. If the Winner is under the age of 18 and does not hold a current Australian driver’s licence, the car will be registered in the name of the Winner’s nominated parent or adult guardian on behalf of the Winner. The Winner’s parent or legal guardian must prove their parental or guardianship status at the time the Winner is notified. If a person incorrectly represents themselves to be a Winner’s parent or legal guardian, that person will be liable for all costs associated with re-delivering or re-awarding the Prize (including but not limited to any administrative fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that the Prize is awarded to a person who is either a parent or legal guardian of the Winner. The Promoter is not responsible for determining any other delivery details or taking directions that relate to any ongoing family law negotiations or determinations. These are the responsibility of the Winner and their respective parent or legal guardian.
   8. The Prize will be available to the Winner within 28 days from the Draw Date. The Winner must collect the Prize from the nearest dealership the Prize is available at, as specified by the Promoter. If the Winner is unable to collect the Prize, the Winner may incur the cost of transporting the Prize from the nearest dealership to an alternate Prize collection location as nominated by the Winner and deemed acceptable by the Promoter. Any costs associated with the transport of the Prize to an alternate location will be responsibility of the Winner.
   9. Prize Substitution
      If, after the commencement of the Promotion, the Prize is unavailable or becomes unavailable through no fault of the Promoter, the Promoter may substitute the Prize, provided that the substitute Prize is of the same or similar value or specification as the Prize (subject to any written direction from the various regulatory authorities).
   10. Prize Rejection
       The Winner may opt to reject the Prize within 14 days after receiving notification that they are the Winner. In the event that the Winner rejects the Prize, the Prize will be forfeited by the Winner and cash will not be awarded in lieu of the Prize. The Promoter may redraw the Prize.
   11. Unclaimed Prize
       If the Prize is not collected by the Winner through no fault of the Promoter within a period of three (3) months from the Draw Date (“Claim Period”), the Prize will be deemed forfeited and the Promoter may redraw the Prize. The Promoter will make every reasonable effort to contact the Winner during the Claim Period.
   12. Redraw
       If the Prize is rejected or unclaimed, a redraw will take place on 3 October 2025 at 6pm AEST/AEDST at 16 Prince Patrick Street, Richmond, Victoria 3121 (“Redraw Date”), and the Redraw Date will be deemed the Draw Date for the purpose of these Terms.
   13. The Winner consents to the Promoter, without royalty or any fees, using their name, likeness, image, voice and/or entry in any marketing and promotion of the Promoter and/or any business related to the Promoter. The Winner may be required to participate in media activity and sign a release and consent form if requested by the Promoter.
   14. In accepting the Prize, the Winner acknowledges that they may incur ongoing costs associated with the Prize that are the responsibility of the Winner.
   15. The Promoter accepts no responsibility for petrol, comprehensive insurance, health, transport, body, paint or mechanical damage, or any other costs or damages, from date of delivery. The Winner will be responsible for any expenses incurred in getting to and from an Australian capital city and for collecting the vehicle within 30 days of the draw. The Prize value includes on-road costs. If the Winner resides in Western Australia (WA) in Australia, the Winner will be responsible for arranging and paying for an immobiliser to be fitted, as required by WA Road Traffic regulations.
   16. The Prize is subject to the standard terms and conditions of individual Prize and service providers.
   17. The Promoter is not responsible for delayed delivery times.
5. LIABILITY
   1. Nothing in these Terms limits any entrant’s or the Winner’s rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other applicable laws.
   2. Nothing in these Terms limits, excludes or modifies, or purports to limit, exclude or modify any statutory provision, including but not limited to a provision of the CCA and the consumer guarantees under the Australian Consumer Law (ACL), where to do so would contravene that statute or cause any part of these Terms to be void.
   3. Except for any liability that cannot by law be excluded, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any:
      1. personal injury arising in any way out of the Promotion; or
      2. any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of:
         1. the Promotion;
         2. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
         3. any theft, destruction, unauthorised access or third party interference;
         4. late, lost, altered, damaged or misdirected entries or Prize acceptance, due to any reason beyond the reasonable control of the Promoter, and including delays due to technical disruptions or network congestion;
         5. any variation in Prize value to that stated in these Terms;
         6. use of the Prize; or
         7. any tax liability incurred by the Winner or any entrant; or
      3. from the date and time of delivery of the Prize, any mechanical, body or paint repairs.
   4. Subject to the CCA and the consumer guarantees under the ACL (and any other applicable laws), the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a Prize.
6. GENERAL
   1. The Promoter has the right to make any decision in relation to all aspects of the Promotion, including dispute resolution, in its complete and sole discretion. Any decision made by the Promoter is final and no correspondence will be entered into in relation to such a decision.
   2. The Promoter may not amend these T&Cs without the prior written approval of the relevant regulatory body.
   3. Force Majeure
      Without limiting the Promoter’s right to terminate the Promotion, if the Promotion is unable to proceed due to unforeseen circumstances including cyber-attack, industrial strike, computer virus, fraud, technical failures, war, terrorism, state of emergency or disaster (including but not limited to natural disaster), the Promoter may take appropriate action with respect to the Promotion (including suspension, termination or modification of the Promotion) as it deems appropriate, subject to any relevant regulation or law or direction from a regulatory authority.
   4. Privacy and Personal Information
      1. Entrants must provide personal information to the Promoter in order to enter into the Promotion. The Promoter will use and retain the personal information of each entrant for a reasonable period of time for the following purposes:
         1. to communicate with the entrant regarding the Promotion;
         2. to verify that these Terms have been complied with;
         3. for accounting purposes; and
         4. to maintain the entrant’s entry into the Promotion in the case of a Redraw.
      2. The Promoter may disclose an entrant’s personal information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to regulatory authorities to enable a third party to fulfill any necessary requirements relating to the Promotion or the Prize.
      3. Any use of the personal information provided by an entrant will be in accordance with the Promoter’s Privacy Policy available at magicwash.com.au/privacy-policy/ and in accordance with all applicable privacy and spam laws.
      4. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may also, for an indefinite period, use the Personal Information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. You should direct any request to opt out, access, update or correct Personal Information to the Promoter, and direct any complaints regarding treatment of your Personal Information to the Promoter to the details listed under “Contact Us” below. All entries become the property of the Promoter.
   5. Contact Us
      Any entrant may contact the Promoter in relation to this Promotion, including for any dispute resolution, by phone on 03 9419 7419, by email at info@magichcw.com.au or by sending a message through the “Contact Us” page on the Website: magicwash.com.au/contact-us/.
   6. Governing Law
      These Terms are governed by the laws of Victoria and the entrants submit to the jurisdiction of the courts of Victoria in respect of any proceedings in connection with these Terms.