Max Out Tech Pty Ltd (ABN 55672565347) (hereinafter referred to as ‘Max Out Australia’ or ‘Max Out’ or ‘We’ or ‘Us’ or ‘Our’) is conducting a lucky draw (hereinafter referred to as the ‘Contest’) for Individuals (hereinafter referred to as ‘Participant’ or ‘Participants’ or ‘Members’ or ‘Entrants’ or ‘Them’ or ‘You’ or ‘Your’).
The Contest will commence on the 13th of December at 10am and end on the 20th of December at 7:30PM. The draw will take place on the 20th of December at 8pm. The winner will be drawn and contacted immediately via phone and email.
Conditions of participant entry into the contest
We are giving away a Brand New 2024 Honda CBR650R + $5000 Cash valued at $19,000.
For a participant to be eligible to enter the contest, they must purchase one of our official packages. Please see our website for details on our packages at Maxoutaustralia.com.au This contest is open to all Australian residents over the age of 18 (except employees and immediate families of Max Out Australia) who enter in accordance with the terms and conditions of entry.
The participants are required to purchase a one-off payment package or a membership package purchased through MaxOutAustralia – maxoutaustralia.com.au and/or via the links we provide on our social media platforms, which will automatically place them in the contest.
The draw is going to be live streamed via our social media platform on the draw date mentioned above.
Our total prize pool is valued at $20,500 which is made up of and will be drawn in the following order:
- 1st prize – 2024 Honda CBR650R + $5000 Cash (as described above) (“the Vehicle”)
- 2nd prize – $1000 cash.
- 3rd prize – $500 cash.
The winners of the contest will be drawn and announced live via our social media platforms. The winners will be published to our social media and website. You can view the winners via this link: maxoutaustralia.com.au
The main prize winner will be contacted immediately via phone if they are not present at the event.
All winners will be advised in writing within 14 days of the draw, and information will be provided on how the prize will be delivered.
We will deliver the prize to the winner Australia-wide, within 60 days of the event. Times may vary for rural locations or covid restrictions.
Max Out Australia will cover all delivery and transport costs.
If the prize is unclaimed for longer than the period of 90 days from the initial draw this will be announced on the 91st day and we will conduct a redraw at the same location at 9pm AEDT and a new winner will be announced. The winner of the redraw will be published on our social media and website, on the same date.
Winners may be required to sign a prize acceptance letter before receiving their prize.
All purchases of packages are final and cannot be refunded.
This contest is limited to only 1500 participants. Individual entrants can hold multiple entries in the draw.
We will not publish how many individual entries the participants combined hold.
Every entrant has an equal and fair chance of winning the prize. Meaning, any entrant can win the prize in the competition.
We will offer 5X times and 10X times entry promotions from time to time at our discretion.
The winner may be required to sign a prize acceptance letter before receiving their prize.
To the extent permitted by law, the winner takes the vehicle on an “as is” basis, and Max Out Australia makes no representations or warranties that are not expressly stated in these terms. If the vehicle is not road legal, the winner acknowledges that Max Out Australia will not be responsible for any costs associated with making the vehicles compliant with any laws. Where a vehicle includes custom modifications, the winner acknowledges that replacement parts may not be available in the future.
The winner acknowledges that Max Out Australia will not be responsible for any costs associated with any costs of maintenance, operation, damage incurred during transport, damage incurred after collection, insurance after handover, or any other costs that are not expressly stated in these terms.
Conditions of entry
Participants shall be allowed to enter the contest given the following
- They agree to the terms and conditions of the contest
- They purchase a package via the official links Representation and Warranties of Max Out Australia Max Out Australia warrants the following.
Max Out Australia owns the vehicle involved in the contest.
The purpose of this contest is to promote the Max Out Australia brand and bring awareness to the Max Out Australia Brand.
We do not sell raffle tickets, or any other form of ticket to enter this contest.
The purchasers of packages will be granted automatic entries to the vehicle giveaway at no cost.
Entries to the contest are strictly, and only provided as promotional prizes to the customers of Max Out Australia
Entries cannot be purchased and will not be sold separately.
The contest can be won by any participant who purchases a package from our website, or any official link.
This is not a charity raffle. However Max Out Australia will be supporting an Australian Charity on their own accord.
Max Out Australia funds the contest in whole. Max Out Australia pays for all the prizes. The contest is solely promoted by Max Out Tech PTY LTD, ABN 55672565347 Representation and warranties of the participant
The Participant represents and warrants that it shall not contact any affiliate, employee, sponsor, or partner of Max Out Australia in order to manipulate the Contest results.
Queries
The Participant shall be entitled to contact us at info@maxoutaustralia.com.au. All communications in relation to the Contest must be made via info@maxoutaustralia.com.au.
DISCLAIMER
By becoming a Customer of Max Out Australia the Participant agrees to enter the Contest and agrees that:
- Any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional prizes shall be resolved individually without any form of class action;
- Any claims, judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will Max Out Australia be responsible for any legal fees;
- Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering the contest.
- In no event will Max Out Australia, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest.
- Max Out Australia reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by Max Out Australia.
- In the event the Contest is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Max Out Australia, that corrupt or impair the administration, security, fairness or proper operation of the Contest, Max Out Australia reserves the right to suspend, modify or terminate the Contest.
- Max Out Australia reserves the right to use your information for the purpose of marketing, your information will remain confidential and will not be shared with any third party
- Any attempt by a Participant to deliberately damage the website or undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, Max Out Australia reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
- Max Out Australia assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
- The Contest is void where prohibited or restricted by The administration, security, fairness or proper operation of the Contest, Max Out Australia reserves the right to suspend, modify or terminate the Contest.
- In consideration for Max Out Australia awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s acceptance of the prize to appear in connection with the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the ability of Max Out Australia 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, strike, war, act of terrorism, Max Out Australia may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
Valid to Australian residents, excluding South Australia.
Terms of Service
Overview
Max Out Tech Pty Ltd (ABN 55672565347) (hereinafter referred to as ‘Max Out Australia’ or ‘Max Out’ or ‘We’ or ‘Us’ or ‘Our’).
This website is part of Max Out Tech Pty Ltd (ABN 55672565347). Any use of the terms “we”, “us”, “our” and “Max Out” refer to Max Out Australia. Access to this website, including all information, tools and services available from this site to you, the user, are subject to the terms and conditions stated here.
We reserve the right to amend these Terms and Conditions at any time, and your use of our website represents your agreement to be bound by any and all Terms and Conditions, including those amended. These terms are binding to all users of our site, and if you do not agree with all Terms and Conditions, then you may not access our site, nor have access to any information, tools, services or otherwise associated with Max Out Australia and this site.
Online Service Terms
By agreeing to these Terms of Service, you represent that you are over the age of eighteen (18), or that you are over the age of 18 and you have given us your consent to allow any of your minor dependants to use this site with your consent or agreement on those Terms and Conditions set out.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
The use of any malware, virus, worm, data mining tool, extraction tool, mirror website, metatag, or anything similar which might impact our site, or any information, services or infrastructure related to the former, is strictly not allowed.
You are not permitted to copy any of the information available on this website, whether for purposes of display, distribution, reproduction, resale or exploitation, without former, written consent. This excludes parameters set out by the Copyright Act (1968). These Terms and Conditions give you limited access and use of our information, for personal use only.
All content and information made available on this site is either the property of Max Out Australia, its parent or subsidiaries, or we are licensed to use that content. This includes applications, graphics, images, layouts and text. All Max Out Australia trademarks, logos or brands, and those affiliated with Max Out Australia are either the property of Max Out Australia, its parent or subsidiaries, or we are licensed to use them. Under these terms and conditions, your access to this website does not permit you to use those marks, or any of the aforementioned content in any commercial way, without prior written consent.
By agreeing to the Terms and Conditions, you understand that information provided by you may be changed as required to suite specific requirements set out by Max Out Australia and networks which are connected to it. As such, you understand that this information may be transferred unencrypted.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timelines of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as a complete or distinctive source of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Availability and Billing
Max Out Australia reserves the right to, at any time and without prior notice, modify or discontinue our products, services, information and prices. Henceforth, Max Out Australia will not be liable for any of the aforementioned changes; to you or any third party. If you have placed an order, we will fulfill your order at the price listed at the time of your order or offer a full refund if we are unable to fulfill the order.
Our intention is to list items as accurately as possible for you, however, we cannot guarantee that images and information displayed on this site will perfectly match any product or service received. Moreover, we cannot assure you that the quality, look, specifications or general merchantability regarding our products or services will meet your own preconceived expectations. As such, we are not liable for any expectations which are not met. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We operate with limited quantities, which are subject to change or misrepresentation online through error, including product shipping times, prices and availability. By accepting these Terms and Conditions, you accept that we can discontinue our products or services at any time, or limit our provision of products or services at our own discretion, and to any degree or in any context. This includes, but is not limited to, orders that we believe may be conducted by entities intent on redistributing or reselling our product(s).
In the event that we do not accept an order, by way of changing it or cancelling it, we will attempt to contact you through information you have provided, but are not liable if we are unable to do so. If the information you have provided is false or non-current, Max Out Australia cannot be expected to complete any order or transaction. These parameters are also relevant to our Returns Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor provide input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also provide access to tools and resources on this website. Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Instances may arise on this site, in which hyperlinks to other websites might be present. These links are provided primarily for your convenience, but in no way should they be relied upon in their entirety. Max Out Australia is not responsible for monitoring or maintaining any third-party websites and we are not responsible for any and all results arising from clicking on a
non-endorsed hyperlink.
Unless otherwise stated, Max Out Australia does not endorse any of the hyperlinks to third-parties which may be present. Any issues which may arise from using an unendorsed hyperlink should be taken up with the relevant third-party.
You may link this site without our former consent according to the following guidelines. In doing so, you accept full responsibility for any consequences which may relate to you linking this site. Through linking our site, you agree not to change or manipulate any of the content present on our website. This includes, but is not limited to, reformatting or framing any of the information available.
User Comments, Feedback and Other Submissions
At times, this site may have available a means for submission of information, comments, feedback and suggestions. If you send information, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise you agree that we may, at any time, without restriction, manipulate, change, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy follow this link.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Agreement
Any perceived ambiguities in these Terms and Conditions shall not be framed contra proferentem. The Terms and Conditions provided to you act conjointly with any other guidelines, rules or policies presented by us and made available to you in constituting the understanding and agreement between both parties. Your agreement with the greater Terms and Conditions dictates your use of our service in all contexts. Any prior or concurrent agreements between you and Max Out Australia are supplanted by the aforementioned entire agreement. Non-action on our behalf pertaining to a breach of any component in these Terms and Conditions does not render that part of the Terms and Conditions void, nor does it annul the Terms and Conditions or agreement(s) in their entirety.
Disclaimer of Warranties; Limitations of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Max Out Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Max Out Australia and our parent, beneficiaries, subsidiaries, affiliates, partners, officers, directors, agents, contractors, agents, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
Under our own discretion, if we believe you have failed to comply with our Terms and Conditions, we reserve the right to terminate any agreement between both parties and deny access to our services. This can be done without notice, and under these conditions, you will be held liable for all outstanding amounts due, up to and including the day of termination. Similarly, you may terminate the agreement at any time by way of notifying Max Out Australia that you no longer wish to use our services, or by ceasing use and observation of this site. Any liabilities incurred prior to termination by either party, shall survive termination of this agreement. All Terms and Conditions are considered effective unless terminated by either party.
Salvatorious
Should any constituent of our Terms and Conditions be deemed as annullable, unlawful, and ineffectual or having the grounds for repeal, those relevant constituents shall be subject to any applicable law. Moreover, those components of the Terms and Conditions shall be considered severed from the Terms and Conditions, which will otherwise be unaffected and all remaining parts deemed as legitimate, inherent and statutory.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.