Win a trip for 2 to Hawaii + $2,000 spending money! Boost Mobile

Boost Mobile Ultimate Weekend Competition
1. (Who is the Promoter?) The promoter of the Boost ULTIMATE WEEKEND Competition (“Competition”) is Boost Tel Pty Ltd, ABN 19 092 384 417 of Suite 1A, 170-180 Bourke Road, Alexandria NSW 2015 (“Promoter”). Use of “Promoter” in these Terms and Conditions includes its assigns, related and subsidiary companies. A reference to “you” means to an Eligible Entrant in the Competition as defined below.
2. (Binding nature of terms and conditions) By entering the Competition you agree to be bound by these Terms and Conditions. Additional instructions and information published elsewhere but referred to in these Terms and Conditions form part of these Terms and Conditions.
3. (Non waiver) The Promoter’s decision not to enforce a specific term or condition does not constitute a waiver of that term or condition or of the Terms and Conditions generally.
4. (Game of skill) This is a game of skill. Chance plays no part in determining the Winner. Each entry will be judged according to its creative merit.
5. (Competition Period) The Competition Period is the period commencing on Wednesday June 15th, 2016 at 00:01 Australia Eastern Daylight Savings Time (AEDT) and ending on Sunday July 24th 2016 at 11:59 (AEDT) 2014. The Promoter reserves the right to vary the Competition Period or to terminate the Competition at any time.
6. (Eligible Entrant) Entry into the Competition is only open to a person that is an Australian residents domiciled in Australia who are 21 years or older at the date of entry, who has an Active Account (defined below) and has an active Instagram account, excluding any past, present and future: officers, agents, representatives or employees of the Promoter;
a) sponsors or advertising agencies involved in the Competition:
b) employee of the Promoter or any of their agencies associated with the Competition;
c) spouse, defacto, parent, child or sibling (whether natural or by adoption) of a person described in item a); and
d) person whom the Promoter has previously notified is not permitted to enter the Competition.
If you are an existing Boost pre-paid mobile service customer but do not have an Active Account, simply recharge your Boost branded pre-paid service over the Telstra network during the Competition Period and then enter by following the entry steps referred to below.
For the avoidance of doubt, the Entrant will be deemed to be the Active Account Holder.
Active Account Holder means the person whose name appears as the customer/holder of the Active Account according to the records when the Active Account was activated.
Active Account means you have a Boost Mobile pre-paid account on the Telstra 4G Network which is in credit at the time of entry and remains in credit until the end of the Competition Period.
7. (How to enter) If you are eligible to enter the Competition you can enter the competition on Instagram by simply:
• Follow @boostaus on Instagram
• Upload a photo that shows us why you are weekend legend
• Tag @boostaus, #weekendlegend
• Keep your account on public so we can view your entries
• You MUST be 18+ years of age to enter
No limit on entries per Active Account. Active Account Holders with multiple Active Accounts can enter during the Competition Period, provided a different image upload is used for each entry.
8. (What are the prizes?) The winner of the Competition will win the Ultimate Weekend prize valued at approximately $15,000 which includes*:
2 x Return economy class flights to Honolulu from your nearest capital city for the winner and a friend
3 x Nights’ accommodation in a Twin Share room in Waikiki
1 x 1hr personal surfing lessons or surfboard hire for winner and friend
1 x Helicopter flight for winner and friend (approx 30mins)
1 x 1hr jet ski hire for winner and friend
1 x $2,000AUD spending money
*Prize inclusions subject to availability at time of booking
*Travel insurance and USA visa not included
9. (Judges and Judging Criteria) Judging will take place at Boost Mobile headquarters on Monday July 25th 2016 at 14:00 (AEDT). Each entry will be individually judged and assessed for originality, creativity and impact (Judging Criteria) as determined by a panel of judges made up of representatives of the Promoter. The public response as seen in Likes and Reposts may also be taken into consideration by the judges in determining compliance with the Judging Criteria.
Note that to be valid as an eligible entry, ones Instagram account must be set to ‘public’ so we can view all entries. Any photos that are private will not be seen and not be valid.
The Promoter reserves the right to judge further entries to be used in the event of unclaimed prizes.
10. (Prize Values) Prize values are based upon the recommended AUD retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the redemption or collection date of the prize or any inclusion.
11. (Financial Advice) Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
12. (Notification of Winner) The Winner will be notified by direct message through Instagram on Tuesday July 26th, 2016 once the winner has been verified as an Active Account Holder. The name of Winner will be announced on Boost Mobile Australia social pages from July 26th 2016.
13. (Promoter’s Decision is final) The Promoter’s decision is final and no correspondence will be entered into.
14. (Prize Winner)
a) All expenses except what is given in the prize become the responsibility of the Winner and their travelling companion’s, including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes (excluding flight 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 a necessary to protect against the additional costs incurred in the event of unforeseen circumstances.
b) Passports will need to be provided for booking flights and will be used as a source of ID verification
c) The Winner’s travelling companion must travel at the same time, on the same flight, and must depart from the same capital city.
d) 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 cannot be earned, or used to upgrade tickets on any flight.
e) A credit card imprint at check-in to the hotel, for all incidental charges and any damages may be requested and is the responsibility of the Winner. Once accommodation vouchers are issued they are non-changeable.
f) It is the Winner’s, and travelling companions’ personal responsibility to ensure that they have all required documentation, including but not limited to valid passports and visas which meet the requirements of immigration and other government authorities at every destination, and a current drivers’ license. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of relevant authorities will be the sole responsibility of the Winner or the travelling companions concerned. The Winner and its friend MUST adhere to any and all of the terms and conditions of the hotel and any activities included as part of the prize, if not, they will be removed from the premises with loss of bond. Boost Tel Pty Limited holds no accountability in the instance of this happening.
g) The Promoter makes 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.
h) Comprehensive insurance, additional options and all ancillary costs are the responsibility of the Winner and his or her travelling companions.
15. (Claiming Prize)
a) The Winner, must claim the prize by Friday July 29th 2016, 09:00 (AEDT) by responding to the Winner Notification Message, or by contacting the Promoter on (02) 9299 9655 during business hours.
b) In the event that for any reason the Winner does not claim the Prize within the time stipulated by the Promoter, the Prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
c) What Boost Mobile does with the prize if unclaimed is at it’s sole discretion.
16. (Verification)
a) The Winner and his or her friend MUST be able to provide evidence that they are 21 years+
b) Passports will need to be obtained in order to book flights on behalf of the Winner.
c) The Winner may be required to provide the Promoter with proof that he or she is the Account Holder associated with the winning entry, as well as proof of residency and any other necessary information or reasonable requested information. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including your identity, age and place of residence) and to disqualify you if, in the Promoter’s reasonable opinion, your entry is not in accordance with these Terms and Conditions. Errors and omissions may be accepted at the Promoter’s discretion.
d) In the event that the Winner cannot provide suitable proof of identity, the Winner will forfeit the prize in whole and no substitute will be offered.
e) If a dispute in regards to any entrant identity arises, entries made online will be declared made by the authorised account holder of the email address or Instagram account submitted at time of entry. An authorised account holder is defined as the person who is assigned to an email address by an internet service provider, online service provider or other organisation that is responsible for assigning email addresses for the domain associated with the submitted email address.(Disqualification)
f) In the event that the Winner fails to comply with, or satisfy, any of these Terms and Conditions, or a dispute arises in relation to the originality or ownership of the winning submission, the Winner shall not be entitled to the Prize and the Promoter may at its discretion award the Prize to another entrant in accordance with these Terms and Conditions or choose not to award such Prize.
g) The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Promoter. The Promoter reserves the right to disqualify a Winner if Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause.
h) The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
17. (Disruption or Force Majeure) If for any reason:
a) the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures); or
b) the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion,
c) the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under applicable law.
18. (Prize non-transferable) The Prize must be taken as stated and is non-transferable, not exchangeable and not redeemable for cash. Subject to any applicable legislation, if the specified prize becomes unavailable for any reason, the Promoter may substitute a prize of like or equal value. Any expense not expressly stated as part of the Prize, including but not limited to insurance, travel expenses, accommodation and taxes payable as a result of a prize being awarded or received will be the Winner’s responsibility.
19. (Change of Contact details) Should your contact details change during the Competition Period, it is your responsibility to notify the Promoter of your new contact details. A request to access or modify any information provided should be directed to Promoter.
20. (Entries and Material Property of Promoter) When you submit any entry or material to enter the Competition including but not limited to a video post or a written submission, posted texts, written submissions, sound recordings, images, film and audio-visual content or any material including promotional material such as photographs in which you participate is created (collectively the “Material”), you agree:
(a) to exclusively assign any and all rights and title you may have in such Material (including any copyright) to the Promoter, which assignment shall be royalty-free, perpetual, worldwide, irrevocable, and sub-licensable and entitle the Promoter to use, reproduce, modify, adapt, publish, broadcast and display such Material for any purpose whatsoever, including commercial purposes, in any media, without compensation, restriction on use, attribution or liability; and in addition you:
(i) agree not to assert any moral rights in relation to such use of the Material by the Promoter; and
(ii) warrant that you own all rights in the Material and have the full authority to grant the rights set out in this clause and that your use, and the use by the Promoter, of the Material will not infringe the intellectual property rights of any third party;
(b) to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the during of the prize;
(c) There will be filming taking place throughout the trip and it is required that the winners participate and are co-operative in this.
(d) The Promoter will own any content that is produced out of the trip and it will be used at their discretion for marketing purposes
(e) not to submit any Material in which you do not own all rights, or which is unlawful or fraudulent, or in breach of any intellectual property, privacy, publicity or other rights of any third party;
(f) not to seek to hold the Promoter responsible for any loss or damage suffered by You as a result of your participation in the Competition nor by your creation of any Material;
(g) not to submit any Material that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, politics, origin or gender, not suitable for children aged under 15, damaging to the reputation of the Promoter, or otherwise in breach of any applicable law or unsuitable for publication;
(h) only to submit Material owned by you which has been created for the purpose of the Competition and has not been submitted in any other competition;
(i) to obtain full prior consent from any person who has any rights in the Material, to the uses and terms herein;
(j) the Material you supply shall not contain viruses or cause injury or harm to any person or entity;
(k) not to act, or refrain from acting, in any way which may harm the reputation of the Competition or the Promoter;
(l) to consent to the Promoter using your name, likeness, image and/or voice (including any photograph, film and/or recording of you) and the Materials in any media at any time without remuneration for the purpose of promoting the Competition, the Promoter and/or any of the Promoter’s products; and
(m) to 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.
21. (Indemnity) Without limiting any other terms herein, you hereby irrevocably indemnify and will hold the Promoter harmless against any cost, claim, damage, expense, loss or liability incurred by the Promoter directly or indirectly arising from or in connection with:
a) a breach of any warranty contained within these Terms and Conditions, including those set out herein;
b) a breach of any of these Terms and Conditions; or
c) a claim or allegation by any third party that the use of the Material by the Promoter infringes the third party’s intellectual property rights in any manner.
d) Any amount payable by you under this indemnity is payable upon demand by the Promoter. This indemnity survives the termination of the Competition or any agreement between you and the Promoter.
22. (Limitation of Liability) To the full extent permitted by law, the Promoter assumes no responsibility, and excludes all liability, for any:
a) error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise,
b) theft, destruction or unauthorized access to, or alteration of such communications;
c) problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
d) incorrect or incomplete information which may be communicated in the course of the administering the Competition (whether as a result of one of the foregoing causes or otherwise);
e) 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;
f) variation in Prize value to that stated in these conditions;
g) tax liability incurred by a Winner or you; or
h) loss, harm or sufferance arising out of a Winner’s use of, or acceptance of, a Prize.
23. (Exclusion of Liability) Other than in relation to any non-excludable consumer guarantees under the Australia Competition and Consumer Law 2010 or any equivalent legislation, to the full extent permitted by law, the Promoter excludes all liability for any loss (including any damage, claim, injury, death, cost or expense) howsoever caused which is suffered or incurred by you or any entrant in connection with the Competition or Prizes, including but not limited to any:
a) indirect, economic or consequential loss;
b) loss arising from the negligence of the Promoter;
c) liability for personal injury or death; or
d) conduct of a third party Prize supplier.
24. (CAUTION) ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO 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.
25. (Privacy Notice)
(a) Your personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its Winner(s) and may be disclosed to third parties in order to market Promoter and third party products to you including to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the Winner’s surname, initial and state.
(b) A request to access, update or correct any information should be directed to the Promoter.
(c) The personal information of each Winner may be provided to others assisting in the conduct of the Competition, including the administrator, prize suppliers and deliverers, and to regulatory authorities. You may contact the Promoter on (02) 9299 9655 during business hours, or by visiting www.boost.com.au to obtain details of the Promoter’s Privacy Policy and request access to, or corrections of, any of your collected personal information that is held by the Promoter. If you do not provide accurate personal information the Promoter may determine that you are not eligible to win a Prize.
(d) the separate Privacy Policy posted on the Promoter’s website (www.boost.com.au)
26. (Accuracy of information) By entering the Competition you represent and warrant to the Promoter that the information that you provide to the Promoter is true, accurate and complete and not misleading in any manner. You agree to make yourself available at the Promoter’s request for audit purposes to satisfy the Promoter of the claims made in your entry or application into the Competition. You may be asked to provide further evidence to substantiate the details of your entry and this evidence must be provided within the timeframe stipulated by the Promoter. Failure to provide this evidence, if requested, may result in disqualification from the Competition and forfeiture of any right to a Prize.
27. (Changes to terms and conditions) Subject to any applicable law, the Promoter reserves the right to alter these Terms and Conditions, withdraw any prize from the Competition or alter or cancel all or part of the Competition in its absolute discretion without notice to you.
28. (No affiliation) Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with Instagram and agrees to hold Instagram harmless against any cost, claim, damage, expense, loss or liability incurred by the entrant directly or indirectly arising from or in connection with their participation in this competition.
29. (Governing Law) These Terms and Conditions are subject to, and governed by, the laws of the state of New South Wales.