- TOMTOM CHRISTMAS 09-

TERMS AND CONDITIONS

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents aged 17 years and over who hold a current valid drivers license. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter.

3. 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 1st cousin.

4. 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) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.

5. Promotion commences 28/10/09 and closes at 11.59pm AEDST on 11/01/10 (“Promotional Period”).

6. To be eligible to enter, individuals must purchase an eligible TomTom GPS unit from participating TomTom GPS retailers in Australia during the Promotional Period. Eligible TomTom units are as follows: TomTom ONE V4 Australia, TomTom ONE 140 Australia, TomTom XL Australia, TomTom XL 340 Australia, TomTom XXL 540 Australia, TomTom GO 730 Australia, TomTom GO 930 Australia, TomTom GO 750 Australia, TomTom GO 950 Australia, TomTom RIDER V2.

7. To enter, individuals must then, during the Promotional Period visit http://tomtomchristmasdailywin.campaign.net.au and an answer to the question “What is your favourite rest stop location and why” in 25 words or less and then submit the fully completed online entry form. Upon submitting the completed online entry form entrants will receive another return email from the Promoter confirming their entry details.

8. Incomplete or indecipherable entries will be deemed invalid.

9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specified purchase requirement; (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.

10. Entrants must retain a photocopy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.

11. Entries submitted online between 12:01am AEST and 11:59pm AEST on each day of the Promotional Period will be entered into a round allocated for that day. There will be a total of seventy six (76) rounds for this promotion. Judging will commence at 11.00am AEDST at The Consortium Centre, 87 Egerton Street, Silverwater, NSW 2128 on the dates specified in the table below. Winners will be notified by mail. Entries in each round will NOT be entered into any subsequent rounds. If there are no entries for a particular round, the prize will be awarded in the following subsequent round.

Rounds to be Judged	Judging date
Round 1 – 10 (for 28/10/09 – 06/11/09)	09/11/09
Round 11 – 17 (for 07/11/09 – 13/11/09)	16/11/09
Round 18 – 24 (for 14/11/09 – 20/11/09)	23/11/09
Round 25 – 31 (for 21/11/09 – 27/11/09)	30/11/09
Round 32 – 38 (for 28/11/09 – 04/12/09)	07/12/09
Round 39 – 45 (for 05/12/09 – 11/12/09)	14/12/09
Round 46 – 52 (for 12/12/09 – 18/12/09)	21/12/09
Round 53 – 59 (for 19/12/09 – 25/12/09)	29/12/09
Round 60 – 66 (for 26/12/09 – 01/01/10)	04/01/10
Round 67 – 76 (for 02/01/10 – 11/01/10)	12/01/10

Rounds to be Judged	Judging date
Round 1 – 10 (for 28/10/09 – 06/11/09)	09/11/09
Round 11 – 17 (for 07/11/09 – 13/11/09)	16/11/09
Round 18 – 24 (for 14/11/09 – 20/11/09)	23/11/09
Round 25 – 31 (for 21/11/09 – 27/11/09)	30/11/09
Round 32 – 38 (for 28/11/09 – 04/12/09)	07/12/09
Round 39 – 45 (for 05/12/09 – 11/12/09)	14/12/09
Round 46 – 52 (for 12/12/09 – 18/12/09)	21/12/09
Round 53 – 59 (for 19/12/09 – 25/12/09)	29/12/09
Round 60 – 66 (for 26/12/09 – 01/01/10)	04/01/10
Round 67 – 76 (for 02/01/10 – 11/01/10)	12/01/10

12. The Promoter’s decision is final and no correspondence will be entered into.
13. The best entry as determined by the judges in each round will each win a Murcotts Level 1 Defensive Driver Program for two (2) people valued at $566 awarded in the form of a Murcotts gift voucher valid until 30/06/10. In the event that any winner is an NT or TAS resident, the expiry period may be extended until there are sufficient numbers to hold courses in either TAS or NT. It is a condition of accepting the prize that the winner or their companion supplies their own vehicle at the time of taking the Murcotts Level 1 Defensive Driving Program.
14. Murcotts gift vouchers, sponsored prize vouchers or third party vouchers provided by manufacturers or as corporate promotional prizes may be redeemed for selected Murcotts programs. Each gift voucher will expire if the holder fails to book and attend a program before the expiry date that appears on the gift voucher. Gift vouchers cannot be refunded or redeemed for cash in any circumstances.
15. The gift voucher number must be quoted on redemption. If a participant seeks to cancel or postpone their booking, the gift voucher will be forfeited unless the participant can fill their booking with a replacement. The gift voucher will be forfeited if the participant fails to attend on the date booked, or if the participant arrives after the nominated commencement time, thus missing important safety information briefing. 16. The gift voucher can be redeemed for other programs (subject to Murcotts conditions) such as the Four Wheel Drive Program or Level 2 Defensive Driving Program (available only if the driver has previously completed a Level 1 Defensive Driving Program) by paying the difference between the original gift voucher value and the retail price of the program as advertised on Murcotts website www.murcotts.com.au. 17. Any ancillary costs associated with redeeming the gift voucher are not included. Any unused balance of the gift voucher will not be awarded as cash. Redemption of the gift voucher is subject to any terms and conditions of the issuer including those specified on the gift voucher.
18. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
19. Total prize pool value is up to $43,061. Prizes, or any unused portion of a prize, are not exchangeable and cannot be taken as cash.
20. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) modify, suspend, terminate or cancel the promotion, as appropriate.
21. Any cost associated with accessing the promotional website 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.
22. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 or prize claim 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 (g) use of a prize.
23. As a condition of accepting a prize, the winner (and any companion/s) must sign any legal documentation as and in the form required by the Promoter / Prize Supplier / organisers in their absolute discretion, including but not limited to a legal release and indemnity form.
24. 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 and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, 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 access, update or correct information to the Promoter. All entries become the property of the Promoter.
25. The Promoter is TomTom Sales B.V. (ABN 14 117 652 712) of Level 5, 3 Richardson Place, North Ryde, NSW 2113.

CHRISTMAS PROMOTION – BONUS PRIZE COMPONENT
1. Every person who correctly enters the “Christmas Promotion – Competition Component” and has purchased either a TomTom GO 730 Australia, TomTom GO 750 Australia, TomTom GO 930 Australia or TomTom GO 950 Australia in accordance with the terms and conditions for that promotion will also receive details on how to enter this “Christmas Promotion - Bonus Prize Component”.
2. Clauses 1, 2, 3, 4, 5, 7, 8, 9, 12 17, 18, 20, 21, 22, 24, 25 of the Christmas Promotion – Competition Component, as detailed above, equally apply to this Christmas – Bonus Prize Component. These terms and conditions should be read in conjunction with those terms and conditions. If there are any inconsistencies these shall prevail.
3. To enter this component of the promotion, entrants must during the Promotional Period, click on the Mondial link in the Confirmation Email, follow the prompts to the Mondial redemption page, input their requested details and then print off their fully completed Mondial entry form.
Entrants must then send in their fully completed Mondial entry form together with a photocopy of their purchase receipt by mail to “TomTom Christmas Offer” PO Box 618, Eastern Suburbs Mail Centre NSW 2004. All entries must be received by last mail on 15/01/2010
4. Entrants who submit a valid entry in this component will receive the bonus prize of Mondial roadside assistance for twelve (12) months valued at $99 each.
5. Bonus prize is subject to the standard terms and conditions of Mondial available at www.mondial-roadside.com.au/tomtom Prizes, including any unused portion, are not transferable of exchangeable and cannot be taken as cash.

MONDIAL TERMS AND CONDITIONS
(a) Duration of Product: 12 months from date of activation during the Redemption Period.
(b) Product Details: TomTom Roadside Assistance Promotion Plan delivered by Mondial Assistance Roadside Assistance
1. Benefits include:
• Roadside Assistance
• Flat Tyre
• Emergency Fuel
• Emergency Vehicle Access
• Urgent message relay
• Flat or Faulty Batteries
• Accommodation
• Rental vehicle

Eligibility
In order to be eligible for Roadside Assistance your vehicle must be a Roadworthy Well Maintained Vehicle. Additionally, your vehicle must be mobile prior to registering for Roadside Assistance. If your vehicle is not a Roadworthy Well Maintained Vehicle, our service provider may still attend to your call, but they will inform you as to how much it will cost to provide assistance. This cost will be your responsibility.

Tele – Assist
Once our customer service assistant receives your call on our toll free number, we will provide general advice about the operation of your motor Vehicle. If your Vehicle is immobilised, we will provide an over the phone diagnosis (where possible) to get your Vehicle mobilised.

Roadside Assistance
If our customer service assistant is unable to get your Vehicle mobilised over the telephone, we will despatch a roadside assistance service provider, up to 20klms in metropolitan locations or up to 50klms from the nearest attending service provider in regional and remote locations. You must wait with your Vehicle once you have contacted us for assistance. If your Vehicle is unattended, assistance cannot be provided and you may have to pay for subsequent call outs for the same incident. As a guide, we have outlined some of the more common problems that customers face with details of the services that we provide for these problems.
• Flat or Faulty Batteries
We will jump-start your flat battery or co-ordinate a battery replacement where necessary. We will not however be responsible for the cost of a replacement battery (such as but not limited to the supply and delivery of a battery).

• Emergency Fuel – Petrol/Diesel
We will provide sufficient fuel for the driver to reach the nearest available re-fuelling facility. In the case of LPG fuelled Vehicles, we will tow your Vehicle up to 20klms to the nearest re-fuelling facility. The cost of the fuel provided will be your responsibility. We will not provide a re-fuel where the incorrect type of fuel or where contaminated fuel has been added to the petrol tank, leading to the Breakdown. We will co-ordinate assistance in these circumstances however any costs will be your responsibility.

• Flat Tyres
We will either:
(a) change a flat tyre using your Vehicle’s Serviceable Spare; or
(b) tow your Vehicle up to 20klms to the nearest tyre outlet. Please ensure that if locking wheel nuts are fitted to your Vehicle, the key is available as this will hinder our ability to assist you. If you do not have the key, we may have to tow your Vehicle for which you will be cost responsible.

• Emergency Vehicle Access
If the keys to your Vehicle have been locked in your Vehicle, we will (subject to proof of ownership being shown) provide emergency assistance that is reasonable in the circumstances. Where there is no other alternative but to gain access, we will only attempt to gain access after obtaining written consent from you. We will not be responsible for any damage caused in order to access your Vehicle.

•Towing/Transportation
Where your Vehicle cannot be mobilised at the Breakdown location, it will be transported to your preferred repairer. We are not responsible for any repair costs. There are different towing limits that apply depending on whether you are in a metropolitan, rural or remote area.

• Metropolitan Areas
Towing is provided free of charge up to a limit of 20 kilometres from the Breakdown location, where the Breakdown location is within any capital city or major regional town. All additional towing costs are your responsibility.

• Rural & Remote Areas
Outside of capital cities and major regional towns, we will provide towing free of charge up to a limit of 50 kilometres from the nearest attending service provider location. All additional towing costs are your responsibility.

•Emergency Message Relay
As a result of Breakdown or Accident, we will relay urgent messages to your family, friends or business associates likely to be affected or concerned by the disruption or delay.

•Emergency Benefits
We will provide the following emergency benefits where your Vehicle has been immobilised due to a Breakdown more than 100kms by road from your Home and cannot be repaired within 48 hours.

• Emergency Accommodation
If you decide to stay with your Vehicle while it is being repaired, we will provide emergency accommodation for one night to a maximum value of $150.00 (inc. GST) per annum.

• Emergency Rental Vehicle
If you do not take up the option of emergency accommodation and elect to continue your journey whilst your Vehicle is being repaired, we will provide a rental vehicle for one day at a limit of $150.00 (inc. GST) per annum. All rental vehicle running costs are your responsibility. In the event that the rental vehicle is involved in an Accident, the Accident excess is also your responsibility. If the driver’s license history or age will not allow the rental company to provide a hire car, the provision of alternative transport in lieu of rental car will be at our discretion to the same maximum comparable hire car cost. If a rental bond cannot be provided by the driver at the time of securing the rental vehicle, provision of the rental vehicle will be at the discretion of the rental company. We will not provide the rental bond, but may at our discretion provide alternative transport in lieu of the rental vehicle car to the same maximum value.

•Alternative Travel Assistance
In the unlikely event that either the emergency accommodation or rental vehicle benefits are unavailable for any reason, alternative transport will be provided for you and any passengers travelling in your Vehicle to enable you to return to your Home or intended destination up to an equivalent value of the rental vehicle.

•Caravan/Trailer Cover*
If your Vehicle suffers a Breakdown and requires transportation to a repairer, we will transport the caravan or trailer with your Vehicle to the same repairer. Please refer to the section outlining limitations to towing. It is your responsibility to inform our operator that your Vehicle is towing a caravan or trailer prior to the operator arranging a service provider. If you do not inform our operator, you may be responsible for any/all subsequent costs associated with the caravan or trailer towing. *This service does not extend to Breakdown related matters associated with the caravan or trailer itself or caravan and trailer couplings where your Vehicle is still mobile. The trailer cannot exceed the legal towing weight or dimension restrictions for a passenger vehicle transporter.

2. Exclusions
Roadside Assistance will not be provided to the following vehicles or in the following circumstances:
• Vehicles not registered on the Mondial Assistance Roadside Assistance system
• Vehicles over 2.5 tonnes (GVM)
• Vehicles over 10 years of age
• Vehicles left unattended
• Unregistered vehicles
• Vehicles involved in or connected to any form of motor sports
• Caravans or trailers
• Heavy haulage vehicles or vehicles that, in our opinion, require a heavy haulage towing provider due to the length, width or height of your vehicle 4
• Service calls due to vehicle abuse or neglect (as determined by us)
• Service calls due to failure to use reasonable care with the vehicle or failure to conduct regular preventative vehicle maintenance
• Service calls due to inappropriate maintenance or repair whether intentional or negligent
• Repeated service calls due to owner/driver faults or failure to comply with instructions of vehicle
manufacturer or Mondial Assistance. This exclusion includes repeated service calls for benefits and services already provided on the same occasion
• Service calls to Restricted Access Areas where you are unwilling to cover all costs incurred by us in the provision of the services. All service calls to Restricted Access Areas will be provided at our discretion
• Service calls due to Accident damage
• Service calls due to break in (or attempted break in) of Vehicle
• Service calls due to the addition of the inclusion of non genuine, inappropriate or incorrect fitment of parts or accessories
• Vehicles operating as taxis, limousines, rental vehicles, hire vehicles or for any other commercial use
• Vehicles located outside the Service Area
• Bogged Vehicles except where access is available and is trafficable by a two wheel drive recovery vehicle and no other specialist equipment is necessary. Should specialist equipment and or/ towing become necessary, additional costs are your responsibility. Drivers will be advised of this condition prior to attendance by our service provider and provision of service is at our discretion

3. Conditions
The provision of benefits and services is subject to:
• resources available in the area of Breakdown
• any circumstances beyond our control (including but not limited to extraordinary delays caused by extreme weather conditions such as snow fall and flooding)
• areas being trafficable by a two-wheel-drive recovery vehicle
• severe vehicle accident or traffic congestion
• Restricted Access Area requirements
• Circumstances reasonably considered to be a force majeure event.

We have no obligation to pay for costs incurred in service calls where your Vehicle is immobile in a workshop undergoing repairs, or undergoing mechanical or electrical repairs at your premises. We are not responsible for any costs arising from work carried out by a Recommended Repairer, and all repairs and costs for repairs undertaken by the repairer are your responsibility.

4. Consequential Loss
We will not be liable for any indirect or consequential loss or damage arising out of the provision or failure to provide any benefits and services whether as a result of our negligence or howsoever otherwise caused.

5. Transferring Your Membership
Your roadside assistance membership is fully transferable to the new owner of the Vehicle at any time during the membership period. A transfer fee will apply. Please contact us on 1800 636 313.

6. Privacy
Any personal information you provide is used by us, Mondial Assistance and our agents to arrange your roadside assistance and administer your and our rights and obligations in relation to it, including claims. This information may be disclosed to third parties involved in the above process, such as car manufacturers, roadside providers, claims handlers, health and help assistance service providers, your agents and our related companies. The use and disclosure of such personal information provided to third parties will be limited to the specific purpose for which it was supplied.
When you give personal information about other individuals, we and our agents rely on you to have made or make them aware:
• that you will or may provide their information to us;
• the types of third parties to whom the information may be provided;
• the relevant purposes we and the third parties will disclose it to, will use it for; and
• how they can access it.

If it is sensitive information we rely on you to have obtained their consent on these matters. If you have not done or will not do either of these things, you must tell us or our agents before you provide the relevant information. You can seek access to and correct your personal information by contacting Mondial Assistance on 1800 81 30 30. If you do not agree to the above or will not provide us with personal information, we may not be able to provide you with our services or products or may not be able to process your application nor issue you with a policy.

7. Definitions
These words have these meanings.
Accident: a vehicle damaged by impact or collision of any nature, or by attempted or successful theft or break in to the vehicle.
Breakdown: mechanical or electrical fault which has caused the vehicle to be immobilised or become unsafe to drive (whether in transit or otherwise). Breakdown can also include a flat tyre, flat or faulty battery, a vehicle which has run out of fuel or keys which have been locked in the vehicle or lost.
Emergency Mechanical Repair: a minor roadside mechanical repair of an immobilised vehicle to facilitate the immediate mobilisation of the vehicle. It does not include workshop repairs which may require diagnostic equipment, parts or repairs and does not include servicing of vehicles.
Home: Your home or business address as registered on the Mondial Assistance Roadside Assistance system.
Recommended Repairer: a repairer recommended by us to undertake workshop repairs to your Vehicle. We are not responsible for any costs for work carried out by a Recommended Repairer and all repairs and costs are your responsibility.
Restricted Access Area: an area that is protected by security and/ or other systems designed to prevent access by unauthorised people and includes areas that we do not have permission to enter (including but not limited to airports, sporting venues, protests, airports, and concerts).
Roadworthy Well Maintained Vehicle: a vehicle that has all safety-related components maintained in a manner that makes it safe to drive on the road and is maintained and serviced by qualified personnel to ensure performance is maintained.
Service Area: an area in mainland Australia, Tasmania, Phillip Island and other areas that are trafficable by a two-wheel drive recovery vehicle or islands that are accessible by a two wheel drive vehicular bridge (excludes ferries).
Serviceable Spare: a wheel and tyre that is able to be fitted to your Vehicle to mobilise your Vehicle after changing a flat tyre.
Vehicle: the vehicle registered on the Mondial Assistance Roadside Assistance system.
We, Us or Our/Mondial Assistance: ETI Australia Pty Ltd ABN 52 097 227 177 trading as Mondial Assistance. Mondial Assistance has been engaged by TomTom Sales BV to deliver the Roadside Assistance services to you.
You or Your: the person registered on the Mondial Assistance Roadside Assistance system or the nominated driver of your vehicle.

Important Information
The information contained in this brochure was correct at the time of printing but is subject to change at any time and without notice.