NISSAN PATROL "IT'S OUT THERE" COMPETITION
TERMS AND CONDITIONS
1. General
1.1. The promoter responsible for the publication and adjudication of the Nissan Patrol "It's Out There" Competition (this "Competition") and the provision of the prizes is Nissan Motor Co (Australia) Pty Ltd (ABN 54 004 663 156) of 1 Peters Avenue, Mulgrave VIC 3170, Australia (the "Promoter").
1.2. Information on how to enter this Competition forms part of these Terms and Conditions. By entering this Competition, each Entrant accepts and agrees to these Terms and Conditions and the decisions of the Promoter, which shall be final in all matters.
1.3. Entry is only open to Australian residents aged 18 years and over, who reside in Australia during the Competition Period (defined below) and hold a current and valid full Australian Driver's License and who can travel between 24 July 2025 to 26 July 2025. Employees of the Promoter and agencies associated with this Competition and their immediate families are ineligible to enter. 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 first cousin. For clarity, drivers with a provisional driving license (e.g. P-plate drivers) are not eligible to enter this Competition.
1.4. Entry and continued participation in the Competition is dependent on Entrants following and acting in accordance with the instructions of the Promoter.
1.5. The Competition starts on 24 June 2025 at 12:00AM AEST and closes on 10 July 2025 at 11:59PM AEST ("Competition Period"). All times and dates are times and dates in Melbourne. Submissions received after the closing date will not be accepted. The Promoter reserves the right to vary the Competition Period or to terminate the Competition at any time.
2. How To Enter
2.1. To submit a valid entry to this Competition ("Submission"), an eligible individual who enters this Competition ("Entrant") must answer the following prompts in their Submission:
- First name
- Last name
- Mobile number
- Postcode
- Select the level of 4x4 driving experience from the scale of 1 to 10 provided
- Select the entrant's selection of the secret location (based on the gridded map of Australia) from the drop down menu
- Share a short video up to 60 seconds in length via https://www.carexpert.com.au/findthenissanpatrol including the entrant's selection of the secret location and an explanation of the entrant's 4x4 driving experience and how experienced the entrant is based on a scale of Level 1 to Level 10 (with Level 1 being relatively new and Level 10 being expert)
- Nominate a partner that the entrant would like to participate in the Hunt (defined below) with, if selected. The nominated partner must also hold a current and valid full Australian Driver's License, must be able to travel between 24 July 2025 to 26 July 2025 and be willing to participate in publicity and media opportunities at the Hunt, as further set out below
- Agree to have their information shared in accordance with these Terms and Conditions, confirm that they are over 18 years old and and that they have read and accept these Terms and Conditions in full
- submit a fully completed Submission form during the Competition Period
2.2. Only one (1) entry is permitted per person.
2.3. All entries must be received during the Competition Period.
2.4. No purchase is necessary to enter or be selected in this Competition.
2.5. Any data usage fees in accessing and completing the Submission are at the cost of the Entrant and dependent on the internet service provider used.
2.6. Incomplete, indecipherable, incorrect, and illegible entries will at the Promoter's discretion be deemed invalid and not eligible to win. Submissions containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all Submissions by that individual invalid.
3. Submissions
3.1. Each Submission must be the original and sole creation of the submitting Entrant, and all rights, title and interest including but not limited to copyright in the production works, words, and film stories contained in any Submission must be owned solely by the Entrant (and not contain any "fanfiction" or "adaptations").
3.2. Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to the Content (defined below). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without further notice for any reason whatsoever. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication
- their Content shall not contain viruses or cause injury or harm to any person or entity
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content
- the Content is the original literary work of the entrant that does not infringe the rights of any third party
- they consent to any use of the Content which may otherwise infringe the Content creator's/creators' moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
3.3. If selected, Shortlisted Entrants (defined below) and their nominated partner will be required to provide proof of identity and Australian residency or citizenship to verify their Submission ("Proof of Identity"). Identification considered suitable for verification is at the Promoter's discretion. Entering under a false name will invalidate the Submission. Multiple Submissions under different names and or different emails from the same residential addresses will also invalidate Submissions at the Promoter's discretion. If a Shortlisted Entrant or their nominated partner fails to provide sufficient Proof of Identity by the time and date stipulated by the Promoter, the Shortlisted Entrant's Submission will be deemed invalid at the Promoter's sole discretion and that Shortlisted Entrant will forfeit any right to a prize.
3.4. The Promoter reserves the right, at any time, to verify the validity of Submissions 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 will 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.
4. Shortlist Determination and Notification
4.1. This Competition is a game of skill. Chance plays no part in determining the Winner. Each Submission will be individually judged based on the following criteria:
- successful selection of the secret location
- explanation of the entrant's 4x4 driving experience
- how experienced the entrant is based on a scale of Level 1 to Level 10 (with Level 1 being relatively new and Level 10 being expert)
- creative merit of the Submission and how the Entrant would perform in content captured at the Hunt
4.2. The judging will take place at TBWA, 288 Coventry Street, South Melbourne VIC 3205 on 14 July 2025. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
4.3. The best five (5) entrants ("Shortlisted Entrants"), as determined by the judges, will each win the opportunity to participate in the Hunt (defined below) in order to win the Prize (defined below). The selection of the Shortlisted Entrants is final and binding on all Entrants and no correspondence will be entered into.
4.4. The Shortlisted Entrants will be notified in writing to the email address/phone number provided in their Submission on or around 14 July 2025. Each Shortlisted Entrant must accept by responding to the email notification no later than the end of the next business day after sending of the notification in order to qualify as a Shortlisted Entrant.
4.5. Each Shortlisted Entrant must agree to provide all the documents and information and participate in all the activities outlined in these Terms and Conditions for Shortlisted Entrants. Relevant instructions will be sent to the Shortlisted Entrants. Each Shortlisted Entrant is required to reply within 24 hours of receiving the instructions from the Promoter with their full name, date of birth, mobile number and postal address (for postal purposes) in order to remain qualified as a Shortlisted Entrant.
4.6. The Shortlisted Entrants must also, within 48 hours after sending by the Promoter, sign and return a Talent Release Form provided by the Promoter or its agency in order to remain qualified as a Shortlisted Entrant.
4.7. If for any reason any Shortlisted Entrant does not take the actions required under this clause 4 within the required time frames, the Shortlisted Entrant will be removed from further participation in this Competition, and no compensation will be due or payable to that individual.
4.8. All communication by the Shortlisted Entrants to the Promoter or its agents must be via email to the email address specified by the Promoter. Any communication using different means or to a different address may be disregarded and may result in a Submission being invalidated.
4.9. In the event that a Shortlisted Entrant selected through this method is disqualified or otherwise does not comply with these Terms and Conditions, the Promoter will in its discretion select the next best valid Shortlisted Entrant to participate in the Hunt, as determined by the judges.
5. The Hunt
5.1. Each Shortlisted Entrant will receive the opportunity to participate in the Hunt.
5.2. In order to participate in the Hunt, all Shortlisted Entrants will receive the following trip elements for the Shortlisted Entrant and the partner nominated in the Shortlisted Entrant's submission, valued up to a maximum of AU$10,000 (based on place of departure):
- Return economy flights for two (2) people from the winner's closest capital city to the secret location in Australia, departing on 24 July 2025 and returning 26 July 2025
- Airport car transfers
- 2 x nights' 3 star accommodation in a twin share room (max 2 people)
- Travel insurance for two (2) people for 3 x days
- Talent fee of $1,500 (exclusive of any applicable superannuation) per person (being both the Shortlisted Entrant and their nominated partner), payable upon return of a signed Talent Release Form. The Talent fee will be paid via Talentpay Pty Ltd and may be subject to tax.
5.3. The Hunt will take place at the secret location on 25 July 2025, unless otherwise rescheduled by the Promoter due to safety requirements, such as extreme / inclement weather. Each Shortlisted Entrant will receive the opportunity to race a Nissan Patrol vehicle provided by the Promoter at the Hunt to find the hidden Prize (defined below). The first Shortlisted Entrant to locate the Prize will be deemed the winner ("Winner").
5.4. Each Shortlisted Entrant and their nominated partner will be required to enter into a short-term Talent Agreement with the Promoter's Talent Agent for the relevant period during which the Shortlisted Entrant and nominated partner will attend the event and participate in the Hunt and any associated media and publicity activities specified in clause 7.
5.5. Participation in the Hunt is not transferable, exchangeable or redeemable for cash.
5.6. Shortlisted Entrants acknowledge that the Promoter may have legitimate reasons which may require the Promoter to change the Hunt date and/or time. In these circumstances, the Hunt date and times are subject to change with notification to the Shortlisted Entrants.
5.7. In order to participate in the Hunt, Shortlisted Entrants must confirm they are, and their nominated partners are, experienced and comfortable 4x4 wheel drivers.
5.8. Additional spending money, meals, taxes (excluding airline and airport taxes, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included). Prize must be taken on dates determined by the Promoter and is subject to booking and flight availability.
5.9. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Shortlisted Entrants may be required to present their credit card at time of accommodation check in.
5.10. Shortlisted Entrants and their nominated partners will be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter's nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the Prize. Travel insurance will be provided by the Promoter's nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter's nominated travel insurer refuses to issue insurance to a Shortlisted Entrant or a nominated partner, the Shortlisted Entrant and/or nominated partner forfeits that travel insurance element of the Prize. Travel insurance is subject to the terms and conditions issued by the Promoter's nominated travel insurer, including but not limited to any limitations on the covered amount.
5.11. The Shortlisted Entrants and their partners acknowledge that the Hunt is a dangerous activity that may result in injury or death, and participate at their own risk. The Shortlisted Entrants and their partners must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Hunt organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Hunt; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Hunt organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Hunt organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any Shortlisted Entrant or partner from participating in the Hunt if, at any time, they reasonably believe that the Shortlisted Entrant or partner poses a safety risk or for any other reason; and/or (b) cancel the Hunt if the conditions are deemed dangerous. If the Hunt is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
6. Prize
6.1. The Winner of the Hunt will win a MY25 Nissan Patrol Ti-L (automatic transmission, in Gun Metallic) valued at up $113,548 ("Prize") including compulsory Third-Party Insurance, Registration, Stamp Duty and dealer delivery charges. Additional insurance, options, petrol and all other ancillary costs are the responsibility of the Winner. The Winner must collect the Prize from their nearest authorised Nissan dealership.
6.2. If the Winner, through any legal incapacity or otherwise, is unable to register the Prize in their own name, then the Winner may assign the Prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangement between the Winner and the assignee. The Winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the Prize is awarded. It is a condition of accepting the Prize that the Winner (or a representative of the Winner) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
6.3. The total prize pool is valued at up to $163,548.
7. Publicity and Media Participation
7.1. By entering a Submission each Entrant agrees that the Promoter and its designees may use the name, city, state, likeness, Submission and Prize information of the Winner and each Shortlisted Entrant for promotional, advertising or other purposes in connection with the Competition, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without payment, notification, permission or other consideration, except where prohibited by law.
7.2. By entering a Submission each Entrant agrees, if selected as a Shortlisted Entrant to participate in interviews with Australian media interviewers, subject to reasonable notice of such interviews being provided by the Promoter or its agents. For the avoidance of doubt, interviews can be attended in person, virtually or via a call, and the method of attendance is to be determined by the Promoter, acting reasonably, having regard to the expenses associated with attendance at the interview. Each Shortlisted Entrant agrees to attend interview briefings arranged by the Promoter in preparation for the interviews.
7.3. By entering a Submission each Entrant agrees, if selected as the Winner or as a Shortlisted Entrant, to provide any additional information or materials reasonably requested by the Promoter to post on the Promoter's digital and social platforms as well as boosted content.
7.4. The Promoter or its agents (including photographers, producers or directors) may take recordings and photographs and produce advertising material that may feature the Entrant's image, voice, likeness and performance. Any such materials including all intellectual property rights therein shall be the sole and absolute property of the Promoter or its nominees, and the Promoter or its nominees and/or agents may produce, edit, modify, publish, broadcast, distribute and use such materials in any media in perpetuity in the manner they may decide.
7.5. The Winner and each Shortlisted Entrant must comply with all reasonable directions of the Promoter's photographers, producers or directors throughout production and filming of advertising or media material.
7.6. Participation includes but is not limited to filming and photography during the Hunt, including but not limited to interviews, travel footage, and behind the scene footage.
8. Intellectual property and licence
8.1. By entering a Submission each Entrant agrees, if selected as the Winner or as a Shortlisted Entrant, to grant the Promoter and its related bodies corporate a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the recipe, images and video included in their Submission (the "Submission Content") and all photographs, records, and other captures of their involvement in this Competition (together with the Submission Content, the "Content") in any media or format, whether now known or later developed, for the purposes of promoting this Competition, the Promoter and its related bodies corporate, and their products.
8.2. By entering Submission each Entrant grants a license to the Promoter for the use and adoption of their Content for the purpose of conducting this Competition, and for their name to be posted on the Internet or any website in connection with this Competition, and the advertising, promotion, and publicity of this Competition, and otherwise, as stated in these Terms and Conditions.
8.3. Each Entrant warrants to the Promoter that the Submission Content is an original work of the Entrant that does not infringe the intellectual property or other rights of any third party. Entrants consent to any use of their Submission Content as contemplated within these terms which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
9. Miscellaneous
9.1. Subject to applicable law, the Promoter reserves the right to withdraw or amend this Competition as necessary due to circumstances outside its control. The Promoter will provide notice of such withdrawal or amendment.
9.2. If this Competition 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its discretion, to disqualify any Entrant or to modify, suspend, terminate or cancel this Competition, as appropriate.
9.3. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any applicable statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any applicable 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 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 this Competition and/or the Prize.
9.4. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 (f) use of the Prize.
9.5. Privacy: The Promoter respects the Entrants' right to privacy. Personal information collected from Entrants (including but not limited to names, age, mailing addresses, telephone numbers, and email addresses) will only be used for the purpose of administering this Competition and conducting publicity about this Competition, including without limitation the uses described in clause 7 and clause 9.6. By entering this Competition, Entrants consent to the Promoter's collection, use, and disclosure of their personal information for these purposes.
9.6. The Promoter's Privacy Policy is available at https://www.nissan.com.au/privacy.html.
9.7. Consent to use of Recordings: Each Entrant acknowledges that, if selected as the Winner or as a Shortlisted Entrant, the Entrant consents to being photographed, filmed, recorded or otherwise captured in any media (for the purpose of this clause "Recordings"), and consent to the use of such Recordings in broadcasts, photographs, publications, internet websites, social media platforms, or other commercial, advertising or promotional materials concerning this Competition or the promotion of the Promoter's product. By entering this Competition each Entrant grants permission for their likeliness and voice to be included in such media and materials throughout the world in perpetuity without compensation, credit or other consideration.
9.8. Limitation of Liability: By entering this Competition, Entrants accept and agree to these Terms and Conditions and the decisions of the Promoter, which shall be final. The Promoter accepts no responsibility or liability for entries/Submissions that are lost, damaged, corrupted, delayed, illegal or which are unable to be submitted, received or processed due to software or hardware failure or for any other reason or cause beyond its control including unavailability of the Promoter's websites or the social media platform on which this Competition is advertised. The Promoter and its agents are not responsible for other errors in the administration of the Competition or announcement of the Prize, or for any technical, hardware, or software malfunctions, computer viruses, bugs, tampering, unauthorized intervention, fraud, lost or unavailable network connections caused by the sender or any equipment or programming associated with or utilised in this Competition, or by any human error which may occur in the processing of Submissions, or any other cause beyond the reasonable control of the Promoter that interferes with the proper conduct of the Competition as contemplated by these Terms and Conditions.
9.9. All taxes on the Prize including the talent fee component of the Prize, if any, are the sole responsibility of the Winner.
9.10. All communications with the Winner, Shortlisted Entrants and other Entrants may, at the Promoter's discretion, be conducted by the Promoter's agents on behalf of the Promoter.
9.11. The laws of Victoria, Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria, Australia.
9.12. If the Prize or the Competition is cancelled through no fault of the Winner or the Promoter, no element of Prize, including any payment or renumeration to the Winner, applies.
9.13. Competition terms and conditions: These Terms and Conditions are available at https://www.carexpert.com.au/findthenissanpatrol.