Win a trip for 2 to Mexico! Taco Bill
TERMS & CONDITIONS:
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. e promoter is Taco Bill Australia (72 052 147 430 ) of 375 Clarendon St, South Melbourne VIC 3205
3. Entry is only open to residents of Australia aged 18 years or over
4. Employees (and their immediate families) of the Promoter, its subsidiaries and agencies
associated with this promotion 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 1st cousin.
5. Promotion commences at 12.00am on 27 March 2017 and closes at 11:59pm, both
Australian Eastern Standard Time (“AEST”) on 27 April 2017 (“Promotional Period”).
6. To enter, individuals must visit tacobill.com.au/mytacobillstory during the Promotional
Period, follow the prompts to the promotion entry page, input the requested details (including
their full name, residential address, mobile number and a valid email address), provide an
original and creative answer to the promotional question “What is your best Taco Bill story?”
agree to the Terms and Conditions and the Promoter’s Privacy Policy.
6.1. Alternatively individuals can enter their Taco Bill story to 0408 078 078, provide an
original and creative answer to the promotional question “What is your best Taco Bill story?”
By entering via text individuals are consenting to the terms and conditions also opting in in for marketing purposes.
7. Each entrant warrants to the Promoter that their entry is an original creative work of the
entrant that does not infringe the rights of any third party. All content must comply with and is
subject to the provisions contained in clause 20.
8. Incomplete or indecipherable entries will be deemed invalid. e Promoter is not
responsible for any lost, late or misdirected entries.
9. Only one (1) entry permitted per person.
10. e 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 reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. e Promoter's legal rights to recover damages or other compensation from such an
o ender are reserved.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its
sole discretion, to determine the identity of the entrant.
is is a game of skill and chance plays no part in determining the winners. e entries
received will be individually judged against all other entries based on the originality, literary
merit and creative merit of the answer provided to the promotional question at the sole and
absolute discretion of the Promoter. ere will be one winner selected and entries will be
judged at 10.00am AEST on 28 April 2017 at the o ces of the Promoter in South Melbourne,
Victoria. e judges may select additional reserve entries, which they determine to be the
next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
12. e winners will be noti ed by email and their names will be published online at www.tacobill.com.au on 28 April 2017 . e winner must contact the Promoter by no later
than 1.00pm AEST on 14 May 2017 to claim their prize, in failing to do so the winner’s entry
will be deemed invalid and the Promoter reserves the right to award the prize to any reserve
entries, who will be noti ed by email and their names will be published online at
www.tacobill.com.au on 20 May 2017. 11. If any reserve winners have not claimed their prize
by 4.00pm AEST on 31 May 2017 the prize will be forfeited.
13. e Promoter’s decision is nal and no correspondence will be entered into.
for a trip for two (2) people to Los Cabos, Mexico (Central America), valued at up to
AU$6,000, with the exact value depending on date and point of departure.
14.1 Gi Cards are redeemable at participating FCTG retail stores located within Australia.
14.2.Unless otherwise stated on the Gi Card, Gi Cards are valid for use within 12 months from the
date of issue.
14.3.Gi Cards may only be applied up to the maximum value loaded onto the Gi Card which is
unspent at the time of use. Where the cost of purchase exceeds the available balance of the Gi
Card, the excess amount must be paid by another payment method.
14.4.Gi Cards are non-refundable.
14.5.Gi Cards may be redeemed in whole or part during the validity period. Where used in part,
nochange will be given. Any unused balance may be used against future purchases, but will not be
refunded or credited when the Gi Card expires.
14.6.Gi Cards cannot be reloaded.
14.7.Gi Cards may not be redeemed or exchanged for cash, traveller’s cheques, cash passports or
any other form of currency.
14.8.Gi Cards may not, without the prior written consent of FCTG, be resold or o ered for resale at
a premium (including via online auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to
enhance the demand for other goods or services.
14.9.If a Gi Card is sold or used in breach of this condition, FCTG may in its absolute and sole
discretion cancel or render invalid the Gi Card without a refund and the Gi Card holder may be
refused redemption of the Gi Card. FCTG will take all reasonable steps to notify you of FCTG’s
intention to cancel or render invalid a Gi Card within a reasonable time before cancelling or
rendering invalid the Gi Card.FCTG may cancel or render invalid any Gi Card (including any available balance) which FCTG determines in its absolute and sole discretion was purchased at any time and in any way (including via online auction or other unauthorised resale sites) by fraudulent means. FCTG may cancel anybookings made using any fraudulent Gi Card which may include any non-refundable amounts.
FCTG will not be responsible for any costs incurred by you if you purchase or attempt to
redeem any fraudulent Gi Card. You acknowledge and agree that you will not be entitled to redeem
any available balance on any fraudulent Gi Card and that FCTG will not be obliged to hold such
balance on le for you or otherwise redeem or exchange that Gi Card. You are responsible for the use and security of your Gi Card. Lost or stolen Gi Cards may not be replaced or refunded. You are liable for all transactions on your Gi Card except those caused byfraud or negligence by FCTG or its employees. Defaced, mutilated or altered Gi Cards may not be accepted, replaced or refunded.
Gi Cards may not be used for payment of credit or retailer accounts.Personal information collected in rela- tion to your Gi Card will be handled in accordance with
FCTG’s Privacy Policy which is available at www. ightcentre.com.au or in store. e laws of
Queensland, Australia apply to these terms and conditions and any disputes arising in relation to them.Questions or problems relating to Gi Cards should be directed to FCTG’s Gi Cardsdepartment on gi _cards@ ightcentre.com or (03) 9026 3859. Complaints about purchases made with a Gi Card
should be resolved directly with the store concerned
15. Unless expressly stated in these terms and conditions, all other expenses are the
responsibility of the winners (and their companion) including but not limited to spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas,
vaccinations, transport to and from departure point, items of a personal nature, in-room charges
and all other ancillary costs are not included. Trip must be booked within 6 months of accepting
the prize and is subject to booking, accommodation and ight availability. Blackout dates apply
and will be provided to the winner once noti ed. During the entire duration of the prize, a
nominated parent/guardian must accompany any person under 18 years of age. Each winner
and his/her companion are responsible for ensuring that they have valid passports, and any
requisite visas, vaccinations and travel documentation. Each winner (and his/her companion)
must depart from and return to the same departure point and travel together. Itinerary to be
nominated parent/guardian must accompany any person under 18 years of age. Each winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Each winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with a winner but in the event that agreement can not be reached, the Promoter reserves the right to determine the itinerary. Frequent yer points (i.e. Hawaiian Miles) will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Each winner may be required to present their credit card at time of accommodation check in.
16. If for any reason a winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or speci cation.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
19. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the promotional question (“Content”). e Promoter shall not be liable in any way for such Content to the full extent permitted by law. e Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that
appears in their Content;
(d) the Content is the original work of the entrant that does not infringe the rights of any third party;
(e) 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; and
(f) 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.
20. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its a liates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, lm and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the
Promoter.
21.1. e Prize Winner consents to the use of their name, suburb of residence, social media pro le photo and winning photograph for promotional and marketing purposes.
21.2. e Prize Winner agrees to tag @ ightcentreau & @tacobillaustralia & @aztecmexican in ve
(5) instagram posts from their personal instagram account during their 10 night holiday in Tonga . 21.3. All entrants who submit any entry to the Promoter: (a) grant the Promoter and its licensees and assignees a non-exclusive licence to exercise all rights in perpetuity throughout the world in the entry material and all other material provided by the entrant to the Promoter pursuant to this promotion at any time; and (b) represent and warrant that the exercise of the rights granted to the Promoter in these terms and conditions will not infringe the rights of any third parties; and (c) indemnify the Promoter against any loss or damage resulting from any breach of the foregoing representation and warranty.
21.4. By entering this competition entrants agree to allow the Promoter to repost their entry/ submission on the Promoter’s Facebook, Twitter, Vine, YouTube, Pinterest or Instagram accounts,
the Promoter’s website (www. ightcentre.com.au) and blog within the Promoter’s electronic direct mail (EDM) communication pieces.
21.5. To the extent permitted by law, the Promoter is not responsible or liable for:
a) inaccurate/incorrect transcription of entry information;
b) purported entries that are not received for any reason, including because they are lost,
misdirected or stolen, or that are received, but are late, illegible, incomplete, sent with insu cient postage (where entry is by post), or sent other than as directed in the entry instructions;
c) any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or so ware;
22. 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, including but not
limited to technical di culties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
23. Nothing in these Terms and Conditions limits, excludes or modi es or purports to limit, exclude or modify any statutory consumer guarantees as provided under the Competition and Consumer Act,
as well as any other implied warranties under the ASIC Act or similar 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 o cers, 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.
24. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective o cers, 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 di culties or equipment malfunction (whether or not under the Promoter’s control); (b) any the , unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not a er 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) taking/use of and/or participation in a prize.
25. As a condition of accepting a prize, each winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
26. e Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. In addition to any use that
may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an inde nite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and pro ling purposes, including sending electronic messages or telephoning the entrant. e Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how Australian entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the
Promoter. e Promoter will disclose Australian entrant’s personal information to Flight Centre.
27. Flight Centre collects PI in order to award the prizes and the purposes outlined in this clause,
and may, for these purposes, disclose such PI to third parties, including but not limited to agents, contractors, service providers. Entry is conditional on providing this PI and opting. Flight Centre will also use and handle PI as set out in its Privacy Policy, which can be viewed at ightcentre.com.au. In addition to any use that may be outlined in the Privacy Policy, Flight Centre may, for an inde nite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and pro ling purposes, including sending electronic messages or telephoning the entrant. e Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how Australian entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Flight Centre will not disclose PI to entities outside of Australia.
28. e laws of Victoria, Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria, Australia.
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1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. e promoter is Taco Bill Australia (72 052 147 430 ) of 375 Clarendon St, South Melbourne VIC 3205
3. Entry is only open to residents of Australia aged 18 years or over
4. Employees (and their immediate families) of the Promoter, its subsidiaries and agencies
associated with this promotion 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 1st cousin.
5. Promotion commences at 12.00am on 27 March 2017 and closes at 11:59pm, both
Australian Eastern Standard Time (“AEST”) on 27 April 2017 (“Promotional Period”).
6. To enter, individuals must visit tacobill.com.au/mytacobillstory during the Promotional
Period, follow the prompts to the promotion entry page, input the requested details (including
their full name, residential address, mobile number and a valid email address), provide an
original and creative answer to the promotional question “What is your best Taco Bill story?”
agree to the Terms and Conditions and the Promoter’s Privacy Policy.
6.1. Alternatively individuals can enter their Taco Bill story to 0408 078 078, provide an
original and creative answer to the promotional question “What is your best Taco Bill story?”
By entering via text individuals are consenting to the terms and conditions also opting in in for marketing purposes.
7. Each entrant warrants to the Promoter that their entry is an original creative work of the
entrant that does not infringe the rights of any third party. All content must comply with and is
subject to the provisions contained in clause 20.
8. Incomplete or indecipherable entries will be deemed invalid. e Promoter is not
responsible for any lost, late or misdirected entries.
9. Only one (1) entry permitted per person.
10. e 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 reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. e Promoter's legal rights to recover damages or other compensation from such an
o ender are reserved.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its
sole discretion, to determine the identity of the entrant.
is is a game of skill and chance plays no part in determining the winners. e entries
received will be individually judged against all other entries based on the originality, literary
merit and creative merit of the answer provided to the promotional question at the sole and
absolute discretion of the Promoter. ere will be one winner selected and entries will be
judged at 10.00am AEST on 28 April 2017 at the o ces of the Promoter in South Melbourne,
Victoria. e judges may select additional reserve entries, which they determine to be the
next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
12. e winners will be noti ed by email and their names will be published online at www.tacobill.com.au on 28 April 2017 . e winner must contact the Promoter by no later
than 1.00pm AEST on 14 May 2017 to claim their prize, in failing to do so the winner’s entry
will be deemed invalid and the Promoter reserves the right to award the prize to any reserve
entries, who will be noti ed by email and their names will be published online at
www.tacobill.com.au on 20 May 2017. 11. If any reserve winners have not claimed their prize
by 4.00pm AEST on 31 May 2017 the prize will be forfeited.
13. e Promoter’s decision is nal and no correspondence will be entered into.
for a trip for two (2) people to Los Cabos, Mexico (Central America), valued at up to
AU$6,000, with the exact value depending on date and point of departure.
14.1 Gi Cards are redeemable at participating FCTG retail stores located within Australia.
14.2.Unless otherwise stated on the Gi Card, Gi Cards are valid for use within 12 months from the
date of issue.
14.3.Gi Cards may only be applied up to the maximum value loaded onto the Gi Card which is
unspent at the time of use. Where the cost of purchase exceeds the available balance of the Gi
Card, the excess amount must be paid by another payment method.
14.4.Gi Cards are non-refundable.
14.5.Gi Cards may be redeemed in whole or part during the validity period. Where used in part,
nochange will be given. Any unused balance may be used against future purchases, but will not be
refunded or credited when the Gi Card expires.
14.6.Gi Cards cannot be reloaded.
14.7.Gi Cards may not be redeemed or exchanged for cash, traveller’s cheques, cash passports or
any other form of currency.
14.8.Gi Cards may not, without the prior written consent of FCTG, be resold or o ered for resale at
a premium (including via online auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to
enhance the demand for other goods or services.
14.9.If a Gi Card is sold or used in breach of this condition, FCTG may in its absolute and sole
discretion cancel or render invalid the Gi Card without a refund and the Gi Card holder may be
refused redemption of the Gi Card. FCTG will take all reasonable steps to notify you of FCTG’s
intention to cancel or render invalid a Gi Card within a reasonable time before cancelling or
rendering invalid the Gi Card.FCTG may cancel or render invalid any Gi Card (including any available balance) which FCTG determines in its absolute and sole discretion was purchased at any time and in any way (including via online auction or other unauthorised resale sites) by fraudulent means. FCTG may cancel anybookings made using any fraudulent Gi Card which may include any non-refundable amounts.
FCTG will not be responsible for any costs incurred by you if you purchase or attempt to
redeem any fraudulent Gi Card. You acknowledge and agree that you will not be entitled to redeem
any available balance on any fraudulent Gi Card and that FCTG will not be obliged to hold such
balance on le for you or otherwise redeem or exchange that Gi Card. You are responsible for the use and security of your Gi Card. Lost or stolen Gi Cards may not be replaced or refunded. You are liable for all transactions on your Gi Card except those caused byfraud or negligence by FCTG or its employees. Defaced, mutilated or altered Gi Cards may not be accepted, replaced or refunded.
Gi Cards may not be used for payment of credit or retailer accounts.Personal information collected in rela- tion to your Gi Card will be handled in accordance with
FCTG’s Privacy Policy which is available at www. ightcentre.com.au or in store. e laws of
Queensland, Australia apply to these terms and conditions and any disputes arising in relation to them.Questions or problems relating to Gi Cards should be directed to FCTG’s Gi Cardsdepartment on gi _cards@ ightcentre.com or (03) 9026 3859. Complaints about purchases made with a Gi Card
should be resolved directly with the store concerned
15. Unless expressly stated in these terms and conditions, all other expenses are the
responsibility of the winners (and their companion) including but not limited to spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas,
vaccinations, transport to and from departure point, items of a personal nature, in-room charges
and all other ancillary costs are not included. Trip must be booked within 6 months of accepting
the prize and is subject to booking, accommodation and ight availability. Blackout dates apply
and will be provided to the winner once noti ed. During the entire duration of the prize, a
nominated parent/guardian must accompany any person under 18 years of age. Each winner
and his/her companion are responsible for ensuring that they have valid passports, and any
requisite visas, vaccinations and travel documentation. Each winner (and his/her companion)
must depart from and return to the same departure point and travel together. Itinerary to be
nominated parent/guardian must accompany any person under 18 years of age. Each winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Each winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with a winner but in the event that agreement can not be reached, the Promoter reserves the right to determine the itinerary. Frequent yer points (i.e. Hawaiian Miles) will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Each winner may be required to present their credit card at time of accommodation check in.
16. If for any reason a winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or speci cation.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
19. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the promotional question (“Content”). e Promoter shall not be liable in any way for such Content to the full extent permitted by law. e Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that
appears in their Content;
(d) the Content is the original work of the entrant that does not infringe the rights of any third party;
(e) 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; and
(f) 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.
20. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its a liates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, lm and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the
Promoter.
21.1. e Prize Winner consents to the use of their name, suburb of residence, social media pro le photo and winning photograph for promotional and marketing purposes.
21.2. e Prize Winner agrees to tag @ ightcentreau & @tacobillaustralia & @aztecmexican in ve
(5) instagram posts from their personal instagram account during their 10 night holiday in Tonga . 21.3. All entrants who submit any entry to the Promoter: (a) grant the Promoter and its licensees and assignees a non-exclusive licence to exercise all rights in perpetuity throughout the world in the entry material and all other material provided by the entrant to the Promoter pursuant to this promotion at any time; and (b) represent and warrant that the exercise of the rights granted to the Promoter in these terms and conditions will not infringe the rights of any third parties; and (c) indemnify the Promoter against any loss or damage resulting from any breach of the foregoing representation and warranty.
21.4. By entering this competition entrants agree to allow the Promoter to repost their entry/ submission on the Promoter’s Facebook, Twitter, Vine, YouTube, Pinterest or Instagram accounts,
the Promoter’s website (www. ightcentre.com.au) and blog within the Promoter’s electronic direct mail (EDM) communication pieces.
21.5. To the extent permitted by law, the Promoter is not responsible or liable for:
a) inaccurate/incorrect transcription of entry information;
b) purported entries that are not received for any reason, including because they are lost,
misdirected or stolen, or that are received, but are late, illegible, incomplete, sent with insu cient postage (where entry is by post), or sent other than as directed in the entry instructions;
c) any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or so ware;
22. 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, including but not
limited to technical di culties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
23. Nothing in these Terms and Conditions limits, excludes or modi es or purports to limit, exclude or modify any statutory consumer guarantees as provided under the Competition and Consumer Act,
as well as any other implied warranties under the ASIC Act or similar 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 o cers, 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.
24. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective o cers, 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 di culties or equipment malfunction (whether or not under the Promoter’s control); (b) any the , unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not a er 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) taking/use of and/or participation in a prize.
25. As a condition of accepting a prize, each winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
26. e Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. In addition to any use that
may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an inde nite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and pro ling purposes, including sending electronic messages or telephoning the entrant. e Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how Australian entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the
Promoter. e Promoter will disclose Australian entrant’s personal information to Flight Centre.
27. Flight Centre collects PI in order to award the prizes and the purposes outlined in this clause,
and may, for these purposes, disclose such PI to third parties, including but not limited to agents, contractors, service providers. Entry is conditional on providing this PI and opting. Flight Centre will also use and handle PI as set out in its Privacy Policy, which can be viewed at ightcentre.com.au. In addition to any use that may be outlined in the Privacy Policy, Flight Centre may, for an inde nite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and pro ling purposes, including sending electronic messages or telephoning the entrant. e Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how Australian entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Flight Centre will not disclose PI to entities outside of Australia.
28. e laws of Victoria, Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria, Australia.
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