Win 7 Trips of your Choice Exodus Travels
TERMS AND CONDITIONS
Schedule
Promotion
My7WorldWonders
Promoter
Exodus Travels Australia Pty Ltd ABN 61 141 421 525
Level 5, 163 Eastern Rd
South Melbourne VIC 3025
Phone: 1300 131 564
Email: lday@exodustravels.com
Promotion Website: www.My7WorldWonders.com
Promotional Period
Start Date:
00:01 AEDT on 12 November 2018
End Date:
23:59 AEDT on 21 January 2019
Draw Date
The Draw will occur at 11:00 AEDT on 22 January 2019.
Prize
The Prize is a trip per year for one person to each of the seven (7) destinations which made up the winning Entrant’s Entry, subject to the exclusions in clauses 14 to 16.
Approximate Prize value: $35,000
Permits
NSW Permit Number: LTPS/18/28989
SA Permit Number: T18/1855
ACT Permit Number: TP 18/02031
1. Information on eligibility, mechanisms on how to enter, the Prize and the other information in the Schedule forms part of these Terms and Conditions. Participation in the Promotion, by submitting an Entry, is deemed acceptance of these Terms and Conditions.
2. Eligibility: Entry is open to Australian residents aged eighteen (18) years or over ( Entrants), except for the following individuals (who are not eligible to participate in the Promotion):
a. employees of the Promoter or any of its Related Bodies Corporate;
b. employees of agents or suppliers of the Promoter or its Related Bodies Corporate, who are professionally connected with the Promotion or its administration;
c. retailers, suppliers, agencies or any other party related to the Promoter; or
d. immediate family members of any party in clause 2a to c above.
3. How to enter : To enter and be eligible to win the Prize, Entrants must, during the Promotional Period, complete the steps on how to enter the Promotion at www.My7WorldWonders.com (the “Promotion Website”), including but not limited to doing the following:
a. visiting the Promotion Website;
b. once on the Promotion Website, creating an account by either using their personal profile from Facebook, Twitter, Google or by entering their First Name, Last Name, Email, and creating a separate username and password. The following information must be included with respect to any profile:
i. first and last name;
ii. email address; and
iii. residential address;
c. selecting its country of residence;
d. selecting and arranging from the options and criteria provided by the Promoter on the Promoter’s Website to create 7 trips to the 7 wonders of the world. A short personalised video clip (Video) will be generated by the Promoter’s Website to reflect the Entrant’s selections;
e. agree to these Terms and Conditions and select whether or not it would like to receive further communications from the Promoter; and
f. submit the entry.
4. There is no cost involved in entering the Promotion, but internet access is required. Once the Entrant submits a valid entry, it will receive a personalised URL link to its Video. Entrants can elect to share their Video on social media platforms (including Facebook, Twitter Pinterest) or by email, by using the personalised URL link. If another person validly enters the Promotion by visiting the Promotion Website via the personalised URL link, the Entrant will receive a bonus entry in the Promotion. Entrants can receive up to 50 bonus entries.
5. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. All entries are final and able to be amended by the Entrant.
6. Multiple entries: Entrants must enter the promotion in their own name and, subject to any bonus entries under clause 4, the Entrant can only submit one entry.
7. 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 to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
8. The Promoter is conducting the Promotion in 7 regions of the world:
a. Australia;
b. New Zealand;
c. United Kingdom;
d. United States of America;
e. Canada; and
f. other,
(Regions)
9. These Terms and Conditions relate to the Promotion in Australia only. There will be one winning Entrant in each Region. For the avoidance of doubt there will only be one winning Entrant in Australia.
10. Draw: The Prize will be drawn on the Draw Date at the Promoter’s premises in Australia, as particularised in the Schedule, by the use of a barrel draw.
11. Game of chance and skill: The Promotion may be considered a game of both chance and skill. In creating a Video to submit an entry, pursuant to clause 3, the Entrant may be required to exercise a degree of skill. Skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged on the basis of the Video it submits. The winning Entrant is the person who is drawn by a random barrel draw in accordance with clause 10. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter following the Draw (or any Unclaimed Prize Draw).
12. Prize: Subject to the exclusions in clauses 14 to 16, the winning Entrant will receive one trip (“Trip”) per year for one person to each of the seven (7) destinations ( Destination) which made up their Video entry. Each Trip will be a current trip that the Promoter is offering at the relevant time to those applicable Destinations. The Trip will be to the Destination chosen by the Entrant in its Video, but the Promoter will determine what type of Trip is offered (for example culture, walking and trekking, cycling, or responsible wildlife).
13. Subject to the inclusions in the Trip Notes, Trips offered by the Promoter may include breakfasts, accommodation, all tour-related transport (including between the accommodation and the relevant Destination), activities, a tour guide or leader and arrival and departure transfers to and from the accommodation. This clause is intended to provide Entrants with an indication only as to what may be included in each Trip. The Trips forming the Prize will comprise the inclusions in the relevant Trip Notes, as at the date the winning Entrant books the relevant Trip in accordance with clause 15. Any accommodation included in the Prize will be arranged by the Promoter or an agent nominated by the Promoter and will be subject to availability.
14. Unless otherwise specified in the Trip Notes for a relevant Trip, the Prize will NOT include travel (for example, flights) from your place of residence to the starting point of each Trip, accommodation prior to, or after, the relevant Trip, travel insurance or any other item which is not expressly stated as included in the relevant Trip Notes, as at the date the winning Entrant books each Trip in accordance with clause 15 .
15. The winning Entrant has 7 consecutive calendar years from 1 January 2019 to 31 December 2025 to take their Trips but may only take one Trip per calendar year. Trips are contingent on availability and certain reasonable travel restrictions such as holiday “black-out” dates or other periods as such are applied from time to time by the Promoter. Dates of travel are subject to change at Promoter’s sole discretion. The first Trip is available to the winning Entrant on 1 January 2019 and must be used by 31 December 2019. Each subsequent Trip will be made available to the confirmed winner on January 1st of the subsequent calendar years and must be used by 31st December of the relevant calendar years. If the Trip for a particular calendar year is not used, during that calendar year, then that Trip will be forfeited in its entirety. No Trip to a Destination may be use more than once.
16. Entrants are responsible for any and all expenses incurred accessing, claiming and/or using the Prize other than those costs expressly included in the Trip Notes (any information, notes or documents provided by the Promoter to the winning Entrant in relation to a Trip at or around the time it books a Trip).
17. The winning Entrant must take out comprehensive travel insurance in respect of each of the Trips.
18. The Promoter’s decision is final with respect to the winning Entrant. The Prize will be awarded in the name of the winner.
19. Promotional Period: The promotional period commences on the Start Date and concludes on the End Date, as per the Schedule ( Promotional Period).
20. Redemption Period: The Redemption Period, during which the Prize may be claimed commences on the Draw Date and ends 3 months after the Draw Date, being 22 April 2019. The Promoter will make all reasonable attempts to contact the winning Entrant. If the winning Entrant does not claim the Prize within the Redemption Period, the Prize will be deemed to have been forfeited.
21. Entrants consent to the Promoter using their name, 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 the Promotion (including any outcome), and promoting the Promotor’s business and any services or products provided or offered by the Promoter.
22. Venue: The Draw for the Promotion, as the case may be, will take place at Level 5, 163 Eastern Rd, South Melbourne VIC 3025.
23. Scrutineer: The Draw (and any Unclaimed Prize Draw) will be conducted in the presence of an independent scrutineer.
24. Unclaimed Prize: If the Prize is unclaimed by the winning Entrant during the Redemption Period, an Unclaimed Prize Draw will take place on the first business day after the expiry of the Redemption Period (23 April 2018) at the same time, place and manner as the original Draw, subject to any directions from a regulatory authority.
25. The Promoter may, without the need to seek approval from the relevant regulator in NSW Australia, conduct the Unclaimed Prize Draw 3 months from the original Draw at its premises, as is necessary in order to distribute the Prize, subject to any written directions given under applicable legislation.
26. The winning Entrant of the Unclaimed Prize Draw, if any, will be notified by email and/or telephone within 48 hours of the Unclaimed Prize Draw.
27. Unavailable Prize: If the Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter can, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority, and to the maximum extent permitted by law, the Promoter will have no liability to the winning Entrant for any substation of the Prize.
28. Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.
29. Travel: Where travel is awarded as a prize, the components of the Prize must be taken together when offered or are forfeited.
30. Dangerous activity: Where the Prize involves dangerous activity, the winning Entrant acknowledges the inherent risk in such activity and further acknowledges that use of the Prize may result in injury or death. The winning Entrant participates in the activity at their own risk. In claiming and making use of a Prize which involves dangerous activity, the winning Entrant must:
a. attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or any Prize supplier as determined by them in their absolute discretion;
b. declare to the Promoter and/or any Prize supplier any health-related issues that may affect his/her safe participation in any part of the Prize and obtain a written clearance from their doctor in this respect;
c. not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the Prize;
d. not be under the influence of any drugs including alcohol;
e. comply with all directions of the Promoter and/or any Prize supplier and relevant officials; and
f. wear all safety and other equipment required.
31. The Promoter and/or any Prize supplier in their absolute discretion:
a. reserve the right to refuse to allow the winning Entrant or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the winning Entrant or their companion(s) (if any) represent a safety risk or for any other reason; and
b. may cancel the relevant component of the Prize if the conditions are deemed dangerous.
32. No compensation will be payable if the winning Entrant is unable to use any element of the Prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour or safety reasons.
33. THE PRIZE IS NOT TRANSFERABLE AND NOT REDEEMABLE FOR CASH.
34. Notification: The winning Entrant (and/or any subsequent winning Entrant, where an Unclaimed Prize Draw is held) will be announced within 48 hours of the end of the Promotional Period. The winning Entrant will be notified by email and/or telephone.
35. Publicity: The winner’s full name, social media handle, username, nickname and/or alias and their address (suburb and city only) will be published on the Promotion Website on the day of the Draw (22 January 2019) and/or on the day of the Unclaimed Prize Draw (23 April 2019) for a period of 28 days after the Draw and/or Unclaimed Prize Draw. The winning Entrant consents to the publication of such information.
36. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are the winning Entrant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting the Promotor’s business and any products manufactured, distributed and/or supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the promotion as requested by the Promoter and its agents.
37. Liability: Except for any liability that cannot by law be excluded by law, the Promoter (including its respective officers, employees and agents) will not be liable to any Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
a. any act or omission of the Entrant;
b. any breach of these Terms and Conditions by the Entrant;
c. any of the exclusions listed in clauses 14 to 16;
d. any personal injury or loss;
e. claiming the Prize;
f. use of the Prize in any way;
g. any Entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
h. any tax liability incurred by a winning Entrant.
38. Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
39. The Promoter accepts no responsibility for late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
40. To the maximum extent permitted by law, as a condition of accepting the Prize, the winner must sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
41. Online Entrants: In the event that a dispute arises as to the identity of an Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
42. Personal information: The Promoter collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries including the personal information in them becomes the property of the Promoter.
43. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotion Website, or the information on the Promotion Website, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
44. Linked Sites: The promotional platform may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the promotional platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
45. Social Medi Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
46. General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
47. Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant with the Prize, the Promoter can in its absolute discretion, subject to any written directions made under applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. The term Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
48. Delivery: The Promoter will deliver the Prize within 14 days of the Draw Date.
49. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority, or as otherwise required by the Promoter and published on the Promotion Website.
50. Jurisdiction: These Terms and Conditions are governed by the laws of the ACT, NSW and South Australia (as applicable) and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of the ACT, NSW and South Australia.
51. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
52. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
53. Last updated: 29 October 2018
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.
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Schedule
Promotion
My7WorldWonders
Promoter
Exodus Travels Australia Pty Ltd ABN 61 141 421 525
Level 5, 163 Eastern Rd
South Melbourne VIC 3025
Phone: 1300 131 564
Email: lday@exodustravels.com
Promotion Website: www.My7WorldWonders.com
Promotional Period
Start Date:
00:01 AEDT on 12 November 2018
End Date:
23:59 AEDT on 21 January 2019
Draw Date
The Draw will occur at 11:00 AEDT on 22 January 2019.
Prize
The Prize is a trip per year for one person to each of the seven (7) destinations which made up the winning Entrant’s Entry, subject to the exclusions in clauses 14 to 16.
Approximate Prize value: $35,000
Permits
NSW Permit Number: LTPS/18/28989
SA Permit Number: T18/1855
ACT Permit Number: TP 18/02031
1. Information on eligibility, mechanisms on how to enter, the Prize and the other information in the Schedule forms part of these Terms and Conditions. Participation in the Promotion, by submitting an Entry, is deemed acceptance of these Terms and Conditions.
2. Eligibility: Entry is open to Australian residents aged eighteen (18) years or over ( Entrants), except for the following individuals (who are not eligible to participate in the Promotion):
a. employees of the Promoter or any of its Related Bodies Corporate;
b. employees of agents or suppliers of the Promoter or its Related Bodies Corporate, who are professionally connected with the Promotion or its administration;
c. retailers, suppliers, agencies or any other party related to the Promoter; or
d. immediate family members of any party in clause 2a to c above.
3. How to enter : To enter and be eligible to win the Prize, Entrants must, during the Promotional Period, complete the steps on how to enter the Promotion at www.My7WorldWonders.com (the “Promotion Website”), including but not limited to doing the following:
a. visiting the Promotion Website;
b. once on the Promotion Website, creating an account by either using their personal profile from Facebook, Twitter, Google or by entering their First Name, Last Name, Email, and creating a separate username and password. The following information must be included with respect to any profile:
i. first and last name;
ii. email address; and
iii. residential address;
c. selecting its country of residence;
d. selecting and arranging from the options and criteria provided by the Promoter on the Promoter’s Website to create 7 trips to the 7 wonders of the world. A short personalised video clip (Video) will be generated by the Promoter’s Website to reflect the Entrant’s selections;
e. agree to these Terms and Conditions and select whether or not it would like to receive further communications from the Promoter; and
f. submit the entry.
4. There is no cost involved in entering the Promotion, but internet access is required. Once the Entrant submits a valid entry, it will receive a personalised URL link to its Video. Entrants can elect to share their Video on social media platforms (including Facebook, Twitter Pinterest) or by email, by using the personalised URL link. If another person validly enters the Promotion by visiting the Promotion Website via the personalised URL link, the Entrant will receive a bonus entry in the Promotion. Entrants can receive up to 50 bonus entries.
5. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. All entries are final and able to be amended by the Entrant.
6. Multiple entries: Entrants must enter the promotion in their own name and, subject to any bonus entries under clause 4, the Entrant can only submit one entry.
7. 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 to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
8. The Promoter is conducting the Promotion in 7 regions of the world:
a. Australia;
b. New Zealand;
c. United Kingdom;
d. United States of America;
e. Canada; and
f. other,
(Regions)
9. These Terms and Conditions relate to the Promotion in Australia only. There will be one winning Entrant in each Region. For the avoidance of doubt there will only be one winning Entrant in Australia.
10. Draw: The Prize will be drawn on the Draw Date at the Promoter’s premises in Australia, as particularised in the Schedule, by the use of a barrel draw.
11. Game of chance and skill: The Promotion may be considered a game of both chance and skill. In creating a Video to submit an entry, pursuant to clause 3, the Entrant may be required to exercise a degree of skill. Skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged on the basis of the Video it submits. The winning Entrant is the person who is drawn by a random barrel draw in accordance with clause 10. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter following the Draw (or any Unclaimed Prize Draw).
12. Prize: Subject to the exclusions in clauses 14 to 16, the winning Entrant will receive one trip (“Trip”) per year for one person to each of the seven (7) destinations ( Destination) which made up their Video entry. Each Trip will be a current trip that the Promoter is offering at the relevant time to those applicable Destinations. The Trip will be to the Destination chosen by the Entrant in its Video, but the Promoter will determine what type of Trip is offered (for example culture, walking and trekking, cycling, or responsible wildlife).
13. Subject to the inclusions in the Trip Notes, Trips offered by the Promoter may include breakfasts, accommodation, all tour-related transport (including between the accommodation and the relevant Destination), activities, a tour guide or leader and arrival and departure transfers to and from the accommodation. This clause is intended to provide Entrants with an indication only as to what may be included in each Trip. The Trips forming the Prize will comprise the inclusions in the relevant Trip Notes, as at the date the winning Entrant books the relevant Trip in accordance with clause 15. Any accommodation included in the Prize will be arranged by the Promoter or an agent nominated by the Promoter and will be subject to availability.
14. Unless otherwise specified in the Trip Notes for a relevant Trip, the Prize will NOT include travel (for example, flights) from your place of residence to the starting point of each Trip, accommodation prior to, or after, the relevant Trip, travel insurance or any other item which is not expressly stated as included in the relevant Trip Notes, as at the date the winning Entrant books each Trip in accordance with clause 15 .
15. The winning Entrant has 7 consecutive calendar years from 1 January 2019 to 31 December 2025 to take their Trips but may only take one Trip per calendar year. Trips are contingent on availability and certain reasonable travel restrictions such as holiday “black-out” dates or other periods as such are applied from time to time by the Promoter. Dates of travel are subject to change at Promoter’s sole discretion. The first Trip is available to the winning Entrant on 1 January 2019 and must be used by 31 December 2019. Each subsequent Trip will be made available to the confirmed winner on January 1st of the subsequent calendar years and must be used by 31st December of the relevant calendar years. If the Trip for a particular calendar year is not used, during that calendar year, then that Trip will be forfeited in its entirety. No Trip to a Destination may be use more than once.
16. Entrants are responsible for any and all expenses incurred accessing, claiming and/or using the Prize other than those costs expressly included in the Trip Notes (any information, notes or documents provided by the Promoter to the winning Entrant in relation to a Trip at or around the time it books a Trip).
17. The winning Entrant must take out comprehensive travel insurance in respect of each of the Trips.
18. The Promoter’s decision is final with respect to the winning Entrant. The Prize will be awarded in the name of the winner.
19. Promotional Period: The promotional period commences on the Start Date and concludes on the End Date, as per the Schedule ( Promotional Period).
20. Redemption Period: The Redemption Period, during which the Prize may be claimed commences on the Draw Date and ends 3 months after the Draw Date, being 22 April 2019. The Promoter will make all reasonable attempts to contact the winning Entrant. If the winning Entrant does not claim the Prize within the Redemption Period, the Prize will be deemed to have been forfeited.
21. Entrants consent to the Promoter using their name, 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 the Promotion (including any outcome), and promoting the Promotor’s business and any services or products provided or offered by the Promoter.
22. Venue: The Draw for the Promotion, as the case may be, will take place at Level 5, 163 Eastern Rd, South Melbourne VIC 3025.
23. Scrutineer: The Draw (and any Unclaimed Prize Draw) will be conducted in the presence of an independent scrutineer.
24. Unclaimed Prize: If the Prize is unclaimed by the winning Entrant during the Redemption Period, an Unclaimed Prize Draw will take place on the first business day after the expiry of the Redemption Period (23 April 2018) at the same time, place and manner as the original Draw, subject to any directions from a regulatory authority.
25. The Promoter may, without the need to seek approval from the relevant regulator in NSW Australia, conduct the Unclaimed Prize Draw 3 months from the original Draw at its premises, as is necessary in order to distribute the Prize, subject to any written directions given under applicable legislation.
26. The winning Entrant of the Unclaimed Prize Draw, if any, will be notified by email and/or telephone within 48 hours of the Unclaimed Prize Draw.
27. Unavailable Prize: If the Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter can, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority, and to the maximum extent permitted by law, the Promoter will have no liability to the winning Entrant for any substation of the Prize.
28. Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.
29. Travel: Where travel is awarded as a prize, the components of the Prize must be taken together when offered or are forfeited.
30. Dangerous activity: Where the Prize involves dangerous activity, the winning Entrant acknowledges the inherent risk in such activity and further acknowledges that use of the Prize may result in injury or death. The winning Entrant participates in the activity at their own risk. In claiming and making use of a Prize which involves dangerous activity, the winning Entrant must:
a. attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or any Prize supplier as determined by them in their absolute discretion;
b. declare to the Promoter and/or any Prize supplier any health-related issues that may affect his/her safe participation in any part of the Prize and obtain a written clearance from their doctor in this respect;
c. not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the Prize;
d. not be under the influence of any drugs including alcohol;
e. comply with all directions of the Promoter and/or any Prize supplier and relevant officials; and
f. wear all safety and other equipment required.
31. The Promoter and/or any Prize supplier in their absolute discretion:
a. reserve the right to refuse to allow the winning Entrant or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the winning Entrant or their companion(s) (if any) represent a safety risk or for any other reason; and
b. may cancel the relevant component of the Prize if the conditions are deemed dangerous.
32. No compensation will be payable if the winning Entrant is unable to use any element of the Prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour or safety reasons.
33. THE PRIZE IS NOT TRANSFERABLE AND NOT REDEEMABLE FOR CASH.
34. Notification: The winning Entrant (and/or any subsequent winning Entrant, where an Unclaimed Prize Draw is held) will be announced within 48 hours of the end of the Promotional Period. The winning Entrant will be notified by email and/or telephone.
35. Publicity: The winner’s full name, social media handle, username, nickname and/or alias and their address (suburb and city only) will be published on the Promotion Website on the day of the Draw (22 January 2019) and/or on the day of the Unclaimed Prize Draw (23 April 2019) for a period of 28 days after the Draw and/or Unclaimed Prize Draw. The winning Entrant consents to the publication of such information.
36. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are the winning Entrant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting the Promotor’s business and any products manufactured, distributed and/or supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the promotion as requested by the Promoter and its agents.
37. Liability: Except for any liability that cannot by law be excluded by law, the Promoter (including its respective officers, employees and agents) will not be liable to any Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
a. any act or omission of the Entrant;
b. any breach of these Terms and Conditions by the Entrant;
c. any of the exclusions listed in clauses 14 to 16;
d. any personal injury or loss;
e. claiming the Prize;
f. use of the Prize in any way;
g. any Entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
h. any tax liability incurred by a winning Entrant.
38. Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
39. The Promoter accepts no responsibility for late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
40. To the maximum extent permitted by law, as a condition of accepting the Prize, the winner must sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
41. Online Entrants: In the event that a dispute arises as to the identity of an Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
42. Personal information: The Promoter collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries including the personal information in them becomes the property of the Promoter.
43. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotion Website, or the information on the Promotion Website, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
44. Linked Sites: The promotional platform may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the promotional platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
45. Social Medi Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
46. General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
47. Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant with the Prize, the Promoter can in its absolute discretion, subject to any written directions made under applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. The term Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
48. Delivery: The Promoter will deliver the Prize within 14 days of the Draw Date.
49. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority, or as otherwise required by the Promoter and published on the Promotion Website.
50. Jurisdiction: These Terms and Conditions are governed by the laws of the ACT, NSW and South Australia (as applicable) and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of the ACT, NSW and South Australia.
51. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
52. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
53. Last updated: 29 October 2018
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.
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