Win a Festive Holiday for two Trafalgar Travel

WIN A FESTIVE HOLIDAY FOR TWO
For your chance to win an 8-day guided holiday for two to explore the Christmas Markets of Austria, Germany and Switzerland, simply enter your details below.
Competition closes Thursday 31 May 2018, AEST.
WHAT YOU'LL WIN
An 8-day Trafalgar guided holiday for two valued at up to $9,500
Return economy international flights from your nearest capital city
7-nights’ accommodation and 11 meals
Explore Austria, Germany and Switzerland’s Christmas Markets
2018 Trafalgar Travel In Colour Competition - Terms and Conditions
Enter for a chance to win a Trafalgar trip for two, including flights.
Terms and Conditions
The following Terms and Conditions apply to the ‘Trafalgar Travel in Colour’ game of chance competition. By entering our competition you accept these Terms and Conditions. If you do not wish to abide by these Terms and Conditions then please do not enter the competition.
With the permission of the relevant regulatory authorities, these Terms and Conditions might be modified or updated at any time. Any of these alterations to the Terms and Conditions will be highlighted on the www.trafalgar.com website. It is your responsibility as an entrant to certify that you fully read and evaluate these Terms and Conditions frequently to familiarize yourself with any amendments that take place over the course of the competition. We advise strongly that you save a copy of the following Terms and Conditions for your personal future reference.
The Promoter is Trafalgar Tours (Aust.) Pty Ltd (ABN 73 000 717 715) of Level 2, 35 Grafton Street, Bondi Junction, NSW, Australia 2022, telephone: (+61) (02) 9028 5011 ( “the Promoter” or “Trafalgar”).
1. Entry and entrants
1.1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
1.2 Entry is only open to individuals who are aged 18 years or over and residents of a State or Territory of Australia. Employees (and their immediate families) of the Promoter and/or its affiliated or sister companies, and agencies associated with this competition 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. Any entries by these individuals will be invalid. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1.3 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 process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the competition. 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.
1.4 The competition starts at 8:00am Australian Eastern Standard Time (“AEST”) on 1 May 2018 and closes in all jurisdictions at 5pm AEST on 31 May 2018. Any entries received after this date and time will not qualify for the competition. The date and time will be set to Sydney local time.
1.5 To enter, eligible individuals must visit www.trafalgar.com/travelincolour follow the prompts to access the entry page, provide the requested details, including their first and last name and email address, and post code and submit the fully completed entry form.
1.6 Incomplete or indecipherable entries will be deemed invalid. Only one (1) entry is permitted per person.
1.7 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.
1.8 In the event that any entrant does not, or is unable to, comply with and meet these Terms and Conditions, the Promoter shall be entitled at its sole discretion to disqualify such entrant, without, to the maximum extent permitted by law, any further liability to such entrant. Any entrant must comply with any reasonable directions given to him or her by the Promoter including but not limited to any and all relevant laws, rules and regulations.
1.9 Entries must not come from third parties. Bulk entries cannot be accepted.
1.10 In the event of any error, mistake, misinterpretation or disagreement (technological, human or otherwise) regarding the correctness or acceptability of any entries, the decision of the Promoter shall be final, and no correspondence will be entered into.
1.11 Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The Promoter will not be liable to compensate expenses incurred in making an entry where applicable. No refund will be made for the cost of submitting any entry where applicable.
2. Winner Selection and The Prize
2.1 Winner Selection: All entries received in accordance with these Terms and Conditions will be added into a random draw. The random draw will take place at Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250 (Australia) at 12pm (noon) AEST on 5 June 2018. The winner will be notified in writing within two (2) business days of the draw. Winner will be contacted via their email address. The winner’s first initial, surname and postcode will also be published at www.facebook.com/trafalgartravel from 12 June 2018.
2.2 The first valid entry drawn in the random draw will win a trip to Europe that includes return economy flights from the winner’s nearest capital city in Australia to Vienna and a place in the “Christmas Markets of Austria, Germany and Switzerland” Trafalgar guided holiday (see at www.trafalgar.com for trip details) for the winner and one (1) travel companion. The trip (inclusive of flights and the Trafalgar guided holiday) is valued at up to AU$9,500, depending on date and point of departure. The trip includes round-trip economy airfare for the winner and one (1) travel companion with a Trafalgar designated airline, with flight supplements and surcharges, taxes and fees included. The flights and the guided holiday are each subject to standard booking and travel and cancellation terms and conditions of the providers and the winner and their companion must adhere to all conditions provided to them by such providers (either directly or via the Promoter). The guided holiday provided by Trafalgar will include hotel accommodations (based on double occupancy), airport transfers, selected sightseeing activities and some meals, as outlined in the day-by-day itinerary at www.trafalgar.com for the specified guided holiday. Any expense over and above the latter stipulated inclusions will need to be covered by the winner and their selected travel companion. Trafalgar’s trips are subject to availability. Trafalgar will do its best to accommodate the desired travel date and destination of the winner between 23 November – 9 December 2018 for the specified guided holiday. The winner must travel from Australia by 7 December 2018. The trip must be booked by 30 September 2018 – winners are encouraged to book as soon as possible for booking availability reasons. The originally drawn winner must book their prize within three (3) months of being drawn or they will forfeit their right to the prize and another winner will be drawn in the unclaimed prize draw outlined in clause 2.10. Additional travel expenses, including but not limited to, visas, spending money, additional meals, optional excursions, insurance, transport to and from departure point, additional transfers (if applicable), items of a personal nature, in-room charges and all other ancillary costs are not included. Winner and their travel companion must take all elements of the prize at the same time as part of a single trip, including the flights and the guided holiday. Guided holiday supplied by Trafalgar. Total prize pool value is up toAU$9,500.
2.4 Any changes made to the prize (booking or otherwise) by the prize winner or their travel companion, including extending the trip, are at the winner’s expense and must be arranged by the winner and are subject to booking availability.
2.5 No cash equivalent, replacement or alternative prize will be given to the winner, and the prize is non-transferable and non-exchangeable and cannot be redeemed for cash.
2.6 The winner and their travel companion are responsible for ensuring that they have valid passports, any requisite visas, vaccinations and travel documentation. Prize is subject to the standard terms and conditions of individual prize and service providers. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check-in to confirm identification and/or to secure any additional charges.
2.7 As a condition of accepting the prize, the winner (and their travel 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.
2.8 If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
2.9 If the prize (or part of the prize) is unavailable, Trafalgar, 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 the relevant regulatory authorities.
2.10 If the winner does not claim their prize three (3) months after the original draw, the winner forfeits the prize and the Promoter has the right to award the prize to a new winner via a re-draw. Any such re-draw for the prize, if unclaimed, will take place at the same time and place as the original draw on 5 September 2018 subject to any directions of the relevant regulatory authorities. Potential unclaimed prize draw winner will be notified in writing within two (2) business days after the draw. If the prize is awarded in the unclaimed prize draw, the winner will be contacted via email. Any winner will be published at www.facebook.com/trafalgartravel from 10 September 2018.
2.11 Competition administration and winner selection and verification will be supervised by the Promoter and/or its service providers.
3. Privacy and Publicity
3.1 The winner (and their companion) consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an indefinite period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The Promoter may require that the winner provide photographs and written materials about the trip for use in promotional material. As a condition of accepting the prize, the winner agrees to provide such material, upon reasonable request. The winner licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their 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.
3.2 Information and personal data which is provided by entrants when they enter this competition will be collected, contained and handled by the Promoter and its suppliers and contractors in order to successfully manage the competition. Entry is conditional on providing this information. Entrants’ personal data may be passed to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity. The Promoter will also use and handle personal information collected from entrants (“PI”) as set out in its Privacy Policy, which can be viewed at http://www.trafalgar.com/aus/information/privacy-. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Collective, non-personal data may also be used for the purpose of market research or in facilitating reviews, developments and improvements to relevant services. Entrants should direct any request to opt out, access, update or correct information to the Promoter. Unless otherwise stated, competition entries will not be returned to entrants, all entries become the property of the Promoter.
3.3 Unless otherwise indicated by the Promoter, the Promoter may disclose PI collected in Australia to entities outside of Australia, and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
4. Liability
4.1 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.
4.2 Except for any liability that cannot by law be excluded, including the 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, unauthorized 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) if a prize (or any element of a prize) is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of and/or use/redemption of a prize.
4.3 To the extent permitted by law, the Promoter is not responsible for any damage or loss caused to an entrant where such damage or loss is not reasonably foreseeable to the entrant or to the Promoter at the time the entrant agrees to these Terms and Conditions (which occurs automatically when entrants enter the competition), including where the damage or loss results from the Promoter’s breach of these Terms and Conditions.
4.4 To the extent permitted by law, entrants agree to reimburse the Promoter in respect of any damages suffered by the Promoter or any losses by the Promoter resulting from any claim made by a third party in each case in respect of any matter arising from an entrant’s use of the services relating to the competition in breach of these Terms and Conditions or from an entrant’s violation of any applicable law or regulation.
4.5 To the extent permitted by law, by entering this competition, entrants explicitly agree to release and hold harmless the Promoter, its respective affiliates, parent companies, subsidiaries, successors and their respective, advertising, design, and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which entrants now have or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of their participation in the competition and the acceptance and use or misuse of a prize. To the extent permitted by law, the prize winner waives the right to: 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize (other than those costs listed as included in these Terms and Conditions); and 2) claim any liability which might arise from redeeming, seeking to redeem or traveling to/from redeem any prize. The right to receive a prize is non-assignable and non-transferable and no prize substitution, transfer or exchange will be allowed.
5. Standard terms
5.1 These Terms and Conditions are available in English only.
5.2 The Promoter reserves the right, at its sole discretion, to make necessary modifications to the competition or to cancel the competition, subject to approval of the relevant regulatory authorities (or to disqualify any individual implicated in any of the following actions, whether based on reasonable suspicion or actual evidence), for the reasons of: (a) infection by computer virus, bugs, tampering, unauthorized intervention, improper actions by entrants, fraud, technical failures, or any other causes which, in the Promoter’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the competition, (b) the competition or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per the Terms and Conditions, or (c) the competition is otherwise not capable of running as planned by the Promoter for reasons outside of the Promoter’s reasonable control. In the event errors or corruption occurs in the operation of the competition or the processing or storage of entries, winners will be drawn from the remaining uncorrupted entries, subject to approval of the relevant regulatory authorities. Only the prizes listed and the values listed in these Terms and Conditions shall be awarded.
5.3 To the extent permitted by law, no participant or winner shall have the right to contest any decision by Promoter concerning any aspect of the competition or the interpretation of the Terms and Conditions or the determination as to the qualification of entries. The Promoter’s decision is final and no correspondence will be entered into.
NSW Permit No. LTPS/18/23627, ACT Permit No. TP18/00687, SA Permit No. T18/613