“VANUATU - PROMOTION
TERMS AND CONDITIONS
1.Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2.Entry is only open to all Australian residents over the age of 18 who are able to travel to Vanuatu between 1/5/2017 and 1/5/2018.
3.Employees (and their immediate families) of the Promoter, Billabong retailers 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.
4.Promotion commences on 1/1/2017 and ends at 11.59pm AEDST on 31/1/2017 (“Promotional Period”).
5.To enter, individuals must complete one (1) of the following entry methods during the Promotional Period:
(a)In Store: visit any Billabong store in Australia and request a Billabong store staff member complete a database entry form at a point-of-sale counter on their behalf and provide the staff member with all of the requested personal details (including their full name, residential address, phone number, a valid email address, date of birth and gender); or
(b)visit au.billabong.com/womens, follow the prompts to the promotion entry page, input the requested details (including their full name, residential address, phone number, valid email address, date of birth, and gender), and submit the fully completed database entry form.
6.Incomplete or indecipherable entries will be deemed invalid.
7.Only one (1) entry permitted per person.
8.The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and 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 processor engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of thepromotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
9.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.
10.The draw will take place at The Red Pill Advertising, 58 Irving Road, Toorak VIC on 14/02/2017 at 10am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
11.The winnerwill be notified by telephone within two (2) business days of the draw and in writing. The winner’s name will also be published at the Billabong website au.billabong.com/womens from 17/02/2017.
12.The Promoter’s decision is final and no correspondence will be entered into.
13.The first valid entry drawn will win a trip for two (2) people to Vanuatu, valued at up to AUD $5,650 depending on point of departure and date of travel. The prize includes:
Two (2) return economy airfares on Air Vanuatu to Port Vila, Vanuatu, from Sydney or Brisbane for two (2) people;
Two (2) return airport transfers between Port Villa and accommodation .
Five (5) nights accommodation in Vanuatu resort, The Havannah Vanuatu, with breakfast daily for 2 people.
Billabong product pack for each of the winner and the winner’s travel companion, to the retail value of AU$500.00 each (exact contents of each product pack to be determined by the Promoter in its absolute discretion).
14.Flights, accommodation and activities are subject to availability, must be booked in advance, and are subject to the respective providers’ terms and conditions. The winner will be required to nominate their preferred travel dates between 1/5/2017 and 1/5/2018, excluding any prevailing Australian and Vanuatu school holiday peak periods and excluding the following periods:
24/6/17 to 9/7/17
16/9/17 to 2/10/17
23/9/17 to 8/10/17
9/12/17 to 21/1/18
16/12/17 to 29/1/18
1/4/18 to 18/4/18
8/4/18 to 26/4/18
The Promoter will secure airline and hotel reservations for the winner as close as possible to those nominated preferred travel dates, subject always to flight and seat availability. In the event that agreement cannot be reached between the Promoter and the winner regarding the exact dates of travel, the Promoter reserves the right to determine the itinerary in its absolute discretion.
15.Air Vanuatu may embargo travel during peak periods as decided by the Airline. As a guide, peak periods generally coincide with Australian school holiday periods. Travel dates are based on availability on the day of booking.
16.Spending money, meals, insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. No other travel on other airlines or for other routings is included. It is strongly recommended that travellers hold current and valid travel insurance.
17.The winner and his/her travel companion must both be over the age of 18 and are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her travel companion must depart from and return to the same departure point and travel together. 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. The winner may be required to present their credit card at time of accommodation check in.
18.Subject to the unclaimed prize draw clause, if for any reason the 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 and will not be redeemable for cash.
19.In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
20.If the prize (or part of the 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 specification, subject to any written directions from a regulatory authority.
21.Total prize pool valued at up to AUD $5,650 depending on point of departure & date of travel.
22.The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
23.A draw for the prize if unclaimed may take place on the 11/4/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by phone within two (2) business days of the draw and in writing, and their name will be published at the Billabong website (au.billabong.com/womens) from 17/4/2017.
24.Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film 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.
25.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 difficulties, 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
26.Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
27.The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
28.Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the 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 officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
29.Except for any liability that cannot by law be excluded, includingthe 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) taking of and/or participation in the prize.
30.As a condition of accepting the prize, the 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.
32.The Promoter isGSM (Operations) Pty Ltd, trading as Billabong(ABN 67 085 950 803) of 1 Billabong Place, Burleigh Heads, QLD, 4220, telephone (07) 5589 9899.
Terms and Conditions