Win a Galapagos Island adventure for 2! National Geographic Channel

NATIONAL GEOGRAPHIC CHANNEL
GALAPAGOS ISLAND ADVENTURE FOR TWO COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1.    The following definitions apply to these Terms and Conditions:
a)    “Canon” means Canon Australia Pty Ltd. of Building A, The Park Estate, 5 Talavera Road, Macquarie Park, NSW 2113 and ABN 66 005 002 951
b)    “Closing Date” means 00:01hrs on Sunday 5 July, 2015
c)    “Commencement Date” means 20:29hrs on Sunday 24 May, 2015
d)    “Draw Date” means 11:30hrs on Tuesday 7 July, 2015
e)    “Entrant” means a person who enters the Promotion
f)    “Lindblad” means Lindblad Expeditions Pty Ltd of Level 2, 8 West Street, North Sydney, NSW 2060 and ABN 70 108 326 218
g)    “Major Prize Winner” means the Entrant who wins the Major Prize
h)    “Major Prize” means the major prize offered in the Promotion as detailed in Clause 34
i)    “Prize” means a prize offered in the Promotion “Prizes” means all the prizes offered in the Promotion and includes the Major Prize, Weekly Prizes
j)    “Promoter” means NGC Network (Australia) Pty Ltd of Level 3, 4-16 Yurong St, East Sydney, NSW 2010 and ABN 67 077 7530 603
k)    “Promotion Period” means the period between the Commencement Date and the Closing Date
l)    “Promotion” means this competition
m)    “Publication Dates” means Thursday 18 June, 2015 and Friday 10 July, 2015
n)    “SMS Number” means 19 919 902
o)    “Supplier” means the suppliers of the Prizes, who are Canon and Lindblad
p)    “Unclaimed Major Prize Draw Date” means Tuesday 28 July 2015
q)    “Unclaimed Major Prize Draw” has the meaning set out in Clause 32
r)    “Unclaimed Major Publication Date” means Friday 31 July 2015
s)    “Unclaimed Prize Draw Date” means Wednesday 7 October, 2015
t)    “Unclaimed Prize Draw” has the meaning set out in Clause 33
u)    “Unclaimed Publication Date” means Monday 12 October, 2015
v)    “Website” means the official Promotion website at www.natgeotv.com.au/win
w)    “Weekly Prize Winner” means an Entrant who wins a Weekly Prize
x)    “Weekly Prize” means the weekly Prizes offered in the Promotion as detailed in Clause 36 below
y)     “Winner” means an Entrant who wins any Prize, including in the Unclaimed Prize Draw
2.    All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24-hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
PARTICIPATION
3.    The Promotion is conducted by the Promoter.
4.    The Promotion is a game of chance, and skill plays no part in determining the Winner.
5.    Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, Entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take a Prize if they are the Winner.
6.    All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
7.    This Promotion will be advertised in Foxtel broadcasts, on social media and on the Website.
8.    An Entrant is eligible to win the Prize if they:
a)    are a permanent resident of Australia or New Zealand; and
b)    are, (i) a Foxtel, Optus TV, featuring Foxtel, Foxtel from Telstra, Sky Television, Igloo or Fetch TV subscriber, or (ii) live in a household with a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra, Sky Television, Igloo or Fetch TV subscription and have the subscriber’s permission to enter the Promotion, provided in each case that the relevant subscription account is not in arrears and is active from the Commencement Date until the Unclaimed Prize Draw Date; and
c)    are over the age of 18;
d)    are not an employee of:
i.    the Promoter, Optus, or Telstra
ii.    Canon, or Lindblad;
iii.    any corporations or agencies related to the entities in subclauses (i) and (ii) above; or
e)    are not a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in subclause (d) above.
9.    Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
10.    To enter the Promotion, an Entrant must, during one (1) of the Entry Periods listed below:
Entry Period    Start Date & Time    End Date & Time
       
1    Sunday 24 May 2015 @ 20:30    Sunday 31 May 2015 @ 20:29
2    Sunday 31 May 2015 @ 20:30    Sunday 07 June 2015 @ 20:29
3    Sunday 07 June 2015 @ 20:30    Sunday 14 June 2015 @ 20:29
4    Sunday 14 June 2015 @ 20:30    Sunday 21 June 2015 @ 20:29
5    Sunday 21 June 2015 @ 20:30    Sunday 28 June 2015 @ 20:29
6    Sunday 28 June 2015 @ 20:30    Sunday 05 July 2015 @ 00:01
a)    Tune in to “Tales by Light”, which will air on National Geographic Channel (channel 610) on Sundays at 20:30hrs during the Promotion Period (the “Program”) and take note of the codeword for that Entry Period shown on screen (the “Codeword”) during the airing of the Program; and
b)    Submit an entry via one (1) of the following methods:
i.    SMS Entry: SMS their full name, address and the valid Codeword for that Entry Period to the SMS Number. Entrants will receive a reply SMS message confirming their entry has been received; or
ii.    Website Entry: log onto the Website and click on the Promotion link, then complete all of the required data entry fields (which will include supplying the valid Codeword for that Entry Period) on the entry form.
11.    Only Codewords supplied at the time of the original transmission of the Program each Entry Period will be valid. The Codeword will change weekly and entries which quote an incorrect or out-dated Codeword will be ineligible for entry. Entrants acknowledge that Codewords which appear in subsequent playbacks of the Program, including where the Program is recorded and viewed after the original transmission, may be invalid for entry if the relevant Entry Period for that Codeword has closed.
12.    The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that Entrants check with their individual service provider in this regard.
13.    Five-hundred and ten (510) instant Winner prizes will be available to random valid Entrants. Entrants will be notified by reply SMS or on screen if they are an instant winner and what prize they have won. Instant winners will be issued a six (6) digit unique number (“Prize Claim Number”) as determined by the Salmat Digital Pty Limited Instant Win system. The Prize Claim Number will need to be recorded by the Entrant for Prize verification purposes. In the event of any dispute with the Promoter, or at the Prompter’s request, instant Winners will be required to correctly quote their unique Prize Claim Number to be awarded their Prize. The Promoter reserves the right to withhold the awarding of an instant prize to an Entrant who cannot provide a valid, unique Prize Claim Number. Any unclaimed or un-verified Prizes will be awarded during the second chance draw.
14.    An Entrant’s entry must not be:
a)    late;
b)    delayed;
c)    incomplete;
d)    incomprehensible;
e)    unlawful;
f)    obscene;
g)    defamatory;
h)    libellous;
i)    threatening;
j)    pornographic;
k)    harassing;
l)    hateful;
m)    racially or ethnically offensive;
n)    capable of encouraging conduct that would be considered a criminal offence;
o)    capable of violating any law; and/or
p)    capable of giving rise to civil liability.
15.    Each Entrant may only enter the Promotion twice per Entry Period, once by SMS and once by website.  The use of automated systems to submit multiple entries in the Promotion is strictly prohibited and the Promoter reserves the right to disqualify all entries received from an Entrant where the Promoter believes such systems may have been used.
16.    With the exception of Entrants resident in South Australia, each Entrant may only win one (1) instant win Prize. All Entrants, including Winners of instant Prizes, will be eligible to win the Major Prize. In the event that an Entrant who is not a resident of South Australia wins more than one instant Prize, the first instant Prize won by that Entrant will be awarded to them and the remaining instant Prize(s) won by that Entrant will be awarded to another Entrant in a second chance Prize draw.
17.    Programming and other quality control errors will not invalidate an otherwise valid Prize claim.
18.    Unless otherwise due to fraud or ineligibility under these Terms and Conditions of entry, all existing claims for Prizes and entitlements to claims will be met notwithstanding the advertised Prize pool has been exceeded.
19.    Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
20.    SMS cost is $0.55 (including GST).
21.    Entry via the Website is free. However, any costs associated with accessing the Website are the responsibility of the Entrant and are dependent on the internet service provider used.
22.    Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Draw Date, that Entrant must notify the Promoter of their correct contact details immediately.
23.    All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
24.    The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a Winner cannot provide suitable proof of eligibility, they will forfeit their Prize in whole and no substitute or compensation will be offered.
25.    Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
26.    The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a)    fails to establish their entitlement to win any Prize to the Promoter’s satisfaction; or
b)    fails to produce items as required by Clause 23 or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c)    appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d)    has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
27.    There will be one (1) Major Prize Winner drawn from all valid entries received in the Promotion who correctly quoted the valid code word. The Major Prize Winner will be drawn electronically on the Draw Date by Salmat Digital Ltd Pty, Level 2, 116 Miller Street, North Sydney, NSW 2060.
28.    Eighty-five (85) Weekly Winners will be instantly selected in each of the Entry Periods referenced in Clause 10.
29.    The Promoter’s decisions are final and no correspondence will be entered into.
30.    At the conclusion of the Promotion all valid Entrants will be entered into a draw to win the Major Prize and any un-won Prizes. The draw will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060 on the Draw Date.
31.    The Major Prize Winner will be notified by phone and e-mail within two days of Draw Date. The Weekly Winners will be notified instantly at their point of entry. Winners of Prizes valued over $250.00 will have their names published in The Australian newspaper on the next of the Publication Dates.
32.    All reasonable attempts will be made to contact the Major Prize Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if the Major Prize is:
a)    not claimed by the Major Prize Winner by 9:00hrs on the Unclaimed Major Prize Draw Date; or
b)    forfeited for any reason,
the Major Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Major Prize Draw”), which will take place at 10:00hrs on the Unclaimed Major Prize Draw Date and will be conducted by Salmat Digital Pty Ltd at Level 2, 116 Miller Street, North Sydney NSW 2060. The Winner of the Unclaimed Major Prize Draw will be notified by telephone and e-mail within two days of the Unclaimed Major Prize Draw Date. The name of the Unclaimed Major Prize Winner will be published in the Australian newspaper on the Unclaimed Major Publication Date.
33.    All reasonable attempts will be made to contact each of the Weekly Prize Winners. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Weekly Prize is:
a)    not claimed by the applicable Weekly Prize Winner by 9:00hrs on the Unclaimed Prize Draw Date; or
b)    not awarded instantly; or
c)    forfeited for any reason,
that Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize Draw”), which will take place at 10:00hrs on the Unclaimed Prize Draw Date and will be conducted by Salmat Digital Pty Ltd at Level 2, 116 Miller Street, North Sydney NSW 2060. The Winners of the Unclaimed Prize Draw will be notified by telephone and e-mail within two days of the Unclaimed Prize Draw Date. The names of the Unclaimed Prize Winners who win Prizes valued over $250.00 will be published in the Australian newspaper on the Unclaimed Publication Date.
PRIZES
34.    The Major Prize is valued at a maximum of $24,540.00 and consists of:
a)    Ten (10) day Galapagos Expedition aboard the National Geographic Endeavor for two (2) people, departing Saturday 5 September, 2015 and returning Tuesday 15 September, 2015, valued at a maximum of $15,540.00
b)    Two (2) return economy flights from the winner’s nearest capital city airport to Guayaquil, Ecuador, South America, valued at a maximum of $9,000.00
35.    Each Weekly Prize is valued at a maximum of $139.00 and consists of:
a)    One (1) Canon IXUS160BK Digital Camera
The total Weekly Prize pool for this Promotion is valued at a maximum of $70,890.00
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $95,430.00
36.    All Prize values are correct as at Wednesday 22 April, 2015 and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
37.    The Major Prize Winner must finalise their holiday booking within two (2) weeks of being notified as the Major Prize Winner.  If the Major Prize Winner does not finalise their booking in this time, they will forfeit the Major Prize, subject to the discretion of the Promoter.
38.    The Major Prize Winner and their travelling companion are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs.  Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
39.    The Major Prize Winner and their travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure (Sydney, Melbourne, Brisbane, Adelaide, Perth, Auckland or Wellington).  If the winner is from Tasmania, ACT or NT connecting flights from these cities to the nearest flight departure capital city will be included in the Major Prize package for the Major Prize Winner and their travelling companion only.
40.    The Major Prize must be taken on the dates specified by the Promoter and is subject to hotel and flight availability. The Major Prize cannot be changed once the booking has been made.
41.    Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule.  Frequent Flyer points are not available from any airline.
42.    A credit card imprint or cash deposit may be required from the Major Prize Winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable.
43.    It is the Major Prize Winner’s personal responsibility to ensure that they and their travelling companion have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Major Prize Winner and/or their travelling companion.
44.    The Promoter and Salmat Digital Pty Limited make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.
45.    If any Prize is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by any Winner or any other party if a Prize is unavailable for any reason.
46.    The Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
47.    The Major Prize cannot be transferred or redeemed for cash.  All other Prizes may be transferred at the discretion of the Promoter.  In the event that the Promoter exercises its discretion to allow a Winner to transfer a Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
48.    Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to accepting a Prize.
49.    Once a Prize has left the Promoter’s premises, the Promoter will not be responsible for any delay in delivery or loss or damage to that Prize.
50.    Each Prize will be awarded to the Entrant named in the applicable winning entry.
51.    The Prizes cannot be used in conjunction with any other discounts or special offers.
GENERAL
52.    The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.
53.    If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
54.    Each Winner acknowledges that their Prize may be subject to additional terms and conditions imposed by third parties, including the Supplier. Each Winner must become acquainted with any such additional terms and conditions prior to taking their Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of Prizes, or for the breach of those conditions by any person.
55.    Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a)    any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in the Promotion;
b)    any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
c)    any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or Entrants’ details.
56.    Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
57.    These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
58.    These Terms and Conditions constitute the entire terms and conditions between each Entrant and the Promoter with respect to the Promotion and cannot be altered, modified, or amended.
59.    All entries become the property of the Promoter. All opt-in entries will be entered into a database and the Promoter, Canon and Lindblad may each use the Entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the Entrant. By opting-in, Entrants confirm that they allow their details to be used for this purpose. If Entrants no longer consent to their details being used for future marketing purposes, the Entrant should contact the Promoter, Canon and Lindblad on their details set out in Clause 1. Any request to update, modify or delete the Entrant’s details should be directed to the Promoter, Canon and Lindblad.
60.    Authorised under the following permit numbers:
NSW Permit No: LTPS/15/03360, ACT Permit No: TP 15/05723, VIC Permit No:  15/1039, SA Permit No:  T15/725
PRIVACY
61.    The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the National Geographic Channel Privacy Policy (at http://natgeotv.com.au/about/ privacy.aspx).  Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise the Winners, and send Entrants marketing information where Entrants have consented.  Entrants’ personal information may be disclosed to marketing and communications agencies, the Suppliers and Prize deliverers in order to conduct this Promotion, and to Canon and Lindblad where Entrants have consented. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions.