Trafalgar #MagicalMoments Competition Terms and Conditions
It’s competition time; share your #MagicalMoments photo for a chance to win one of 4 cameras! Competition starts on the 19th of May 2017, and ends on the 16th of June, 2017.
All you need to do is submit your #MagicalMoments photo that captured a magical moment while travelling. captured a magical moment while travelling.
Trafalgar #MagicalMoments Competition Terms and Conditions
It’s competition time; share your #MagicalMoments photo for a chance to win one of 4 cameras! Competition starts on the 19th of May 2017, and ends on the 16th of June, 2017.
All you need to do is submit your #MagicalMoments photo that captured a magical moment while travelling. captured a magical moment while travelling.
Whether it’s a sunrise on Mount Atlas or the first sip of mulled wine at a Christmas Market, just make sure the image is taken by you and showcases what makes travelling magical all year around. If you need a few ideas simply visit the Trafalgar Facebook and Twitter page to see examples of what others are doing.
Terms and Conditions
a) The following Terms and Conditions apply to the ‘#MagicalMoments contest on the Trafalgar website (www.trafalgar.com/magicalmoments). By entering our contest you accept these Terms and Conditions. If you do not wish to abide by these Terms and Conditions then please do not enter the contest.
With the permission of the relevant regulatory authorities, if and where required, 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 a contest entrant to certify that you fully read and evaluate these Terms and Conditions frequently to familiarise yourself with any amendments that take place over the course of the contest. We advise strongly that you save a copy of the following Terms and Conditions for your personal future reference.
The Promoter in all jurisdictions is TRAVCORP SA. 58 Avenue Louis- Casa?, Case Postale 12, 1216 Cointrin, Geneva), Switzerland, Telephone: +41 22 929 8972 (collectively “the Promoter” and/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 contest is deemed acceptance of these Terms and Conditions.
1.2 Entry is only open to individuals who are aged 18 years or over and are residents of Australia, United States of America (50 states and the District of Columbia, excluding without limitation Puerto Rico and other U.S. Territories and Possessions), Canada (with the exception of Quebec), New Zealand, Singapore, United Kingdom (excluding Northern Ireland), South Africa, India, Malaysia, Philippines or Indonesia. Employees (and their immediate families) of the Promoter and/or its affiliated or sister companies, and agencies associated with this contest 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 jeopardise fair and proper conduct of the contest. 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 contest starts at 8:00 am Greenwich Mean Time (GMT) on 19th May 2017 and closes at midnight, 11:59 pm Greenwich Mean Time (GMT) on 16th June 2017. Any entries received after this date and time will not qualify for the contest. The date and time will be set to Greenwich Mean Time (GMT).
1.5 To be eligible to enter, eligible individuals must:
a) Take (or have taken) a photo that captures a memorable moment from their travels and share it with Trafalgar.
Each #MagicalMoment Photo is subject to the following:
i. The entrant’s photo must be taken on one of the entrant’s travel experiences or tours.
ii. Indecent and rude images will not be accepted and will not be considered.
ii. The photo must be acquired legally and must either be the original content of the entrant or the entrant must obtain full prior consent from any person who has jointly created or has any rights of the photo to the uses contemplated by these Terms and Conditions. Trafalgar will not accept any purchased images from 3rd party content providers (e.g. iStock) or otherwise, unless the image was created by the entrant.
iv. The Photo must not infringe the rights of any third party.
v. The entrant must obtain prior consent from any person or from the owner(s) of any property that appears in their photo.
vii. The photo must also comply with clause 1.9 below.
b) Visit the Trafalgar competition webpage (www.trafalgar.com/magicalmoments)
i. Complete all the mandatory information fields on the Trafalgar Competition webpage including their, first name, last name and email address;
ii. Upload photo on the Trafalgar competition webpage (www.trafalgar.com/ magicalmoments);
c) Read and accept Terms and Conditions;
d) Submit the fully completed entry form.
The individual can also share their entry with friends and family on their social media but this will not increase their chances of winning (optional).
1.6 Incomplete or indecipherable entries will be deemed invalid. Multiple entries are permitted, subject to the following: (a) each entry must be unique, submitted separately and in accordance with entry requirements; and (b) a maximum of one (1) entry per person per day is permitted.
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 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. Entrants agree that they are fully responsible for any materials they submit via the contest including but not limited to the #MagicalMoments Photos (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The 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 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) (in Australia) and warrant that they have the full authority to grant these rights; and
(d) 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.
In addition, as a condition of entering this promotion, each entrant 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 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.
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 any entry where applicable.
2. Winner Selection and The Prize
2.1 Winner Selection: All entries received in a particular week by the Promoter will be judged against other entries received in that same week (as outlined above and below) based on the following criteri (a) use of photography elements in the #MagicalMoments Photo; (b) originality and creativity of the #MagicalMoments Photo; and (c) composition and how well thought out inclusion of a #MagicalMoments in a Photo. One winner will be selected each week of the competition being live, in accordance with the dates specified below. There will ultimately be a total of 4 winners – 1 for each week.
The winner selection will take place weekly at London - 3RD FLOOR CHELSEA HOUSE, 26 MARKET SQUARE, BROMLEY BR1 1NA from the time that each respective week closes for entries, as outlined below.
The entries open and close per the below winner selection date schedule:
· Week 1: Friday 19th May to Friday 26th May midnight 12.00pm GMT
· Week 2: Saturday 27th May to Friday 02 June midnight 12.00pm GMT
· Week 3: Saturday 3rd June to Friday 9th June midnight 12.00pm GMT
· Week 4: Saturday 10th June to Friday 16th June midnight 12.00pm GMT.
Winner Announcement dates:
1. Week 1 – 29th May, 2017
2. Week 3 – 05th June, 2017
3. Week 3 – 12th June, 2017
4. Week 4 – 19th June, 2017
Entries received each week will only be considered for that week and will not be considered in any subsequent week(s).
The winners will be notified in writing within two (2) business days of the winner selection date. Each weekly winner will be published on www.facebook.com/trafalgartravel and (or) www.twitter.com/trafalgartalk anytime from the 29th May, 2017 and onwards.
2.2 The best valid entry, as selected by the Promoter based on the criteria in clause 2.1, in Week 1, Week 2, Week 3 we will be giving away one Instax Mini 8 Camera, in week 4 the winner will receive the grand prize, a Nikon D5300 DSLR valued at $715 (USD).
Each prize includes the relevant camera and delivery to the customer’s requested address only. Any additional accessories for the prize will need to be acquired and paid for by each winner. Each prize must be taken by the winner and is subject to the winner acknowledging and accepting the prize and providing a valid address to deliver the prize to. Trafalgar does not take any responsibility for damage or theft of the prize. It is the winner’s responsibility to ensure that the delivery of the prize is received at the correct address as stipulated.
Odds of winning the prize are dependent on the originality and skill applied in taking the photo, as judged by the Promoter in its discretion.
2.3 Total prize pool value is up to US$988 as at the date that terms were drafted.
2.4 No cash equivalent, replacement or alternative prize will be given to any winner, and the prize is non-transferable and non-exchangeable.
2.5 Each winner is responsible for ensuring that they have a valid address for delivery.
2.6 As a condition of accepting a prize, each winner 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.
2.7 If for any reason a winner does not, once the prize has been dispatched for delivery or been delivered successfully, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
2.8 If a prize (or part of a 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 where required.
2.9 If the winner does not claim their prize one (1) month after the original winner announcement, the winner forfeits the prize and the Promoter has the right to award the prize to a new winner via a re-consideration, based on the same judging criteria used originally. Any such re-consideration for the prize, if unclaimed, will take place at the same time and place as the original prize winner judging subject to any directions of the relevant regulatory authorities where required. Potential unclaimed prize winner will be notified in writing within two (2) business days after the determination. If a prize is awarded in the unclaimed prize winner determination, the winner will be published on the Trafalgar Facebook page www.facebook.com/trafalgartravel from 29th May, 2017.
2.10 Contest administration and winner selection and verification will be supervised by the Promoter.
3. Data Protection and Publicity
3.1 Entrants 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 up to six (6) months following completion of the contest without remuneration for the purpose of promoting this contest (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
3.2 Information and personal data which is provided by entrants when they enter this contest will be collected, contained and handled by the Promoter and its suppliers and contractors in order to successfully manage the contest. Entry is conditional on providing this information. Entrants’ personal data may also be passed to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, if 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 data collected from entrants (“PI”) as set out in its applicable Privacy Policy, which can be viewed at http://www.trafalgar.com/aus/information/privacy-policy (for Australian residents), http://www.trafalgar.com/usa/information/privacy-policy (for American residents), http://www.trafalgar.com/uk/information/privacy-policy (for UK residents), http://www.trafalgar.com/can/information/privacy-policy (for Canadian residents), http://www.trafalgar.com/gsa/information/privacy-policy (for Singapore, Vietnam, Sri Lanka, India, Malaysia, Philippines, Brunei, China, Hong Kong, Korea, Japan, Middle East, Pakistan, Taiwan, Thailand and Indonesian residents), http://www.trafalgar.com/nz/information/privacy-policy (for New Zealand residents) and http://www.trafalgar.com/sa/information/privacy-policy (for South African residents). 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 Australian specific 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, contest entries will not be returned to entrants, all entries become the property of the Promoter.
3.3 Any personal data submitted by any entrant will be used solely in accordance with local data protection legislation in the entrant’s country of residence, these Terms and Conditions and the Promoter’s Privacy Policy. 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 restricts or excludes your statutory rights as a consumer. For more details on your statutory rights you should contact your local Trading Standards Office, Citizen's Advice Bureau, Federal Trade Commission or its counterpart in your country or other jurisdiction.
4.2 Except for any liability that cannot by law be excluded, 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) 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 does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by any entrant which could arise from participating in the contest or of accepting any prize whether due to any error, omission or other cause by the Promoter, its employees, agents or others.
4.4 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 contest), including where the damage or loss results from the Promoter’s breach of these Terms and Conditions.
4.5 The Promoter cannot promise that the services relating to the contest will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of the Promoter. To the extent permitted by law, Trafalgar will not be liable to entrants or to any other person in the event that all or any part of the service relating to the contest is discontinued, modified or changed in any way. To the extent permitted by law, the Promoter and all production agencies are not responsible for: (i) any error, omission, interruption, defect or delay in operation or transmission at any website; (ii) failure of any entry to be received by the Promoter due to technical problems, human error or traffic congestion on the internet or at any website; (iii) communications line, hardware and/or software failures; (iv) damage to any computer (software or hardware) resulting from participation in the contest; (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information; or (vi) entries which are late, lost, stolen, damaged, incomplete, and/or unintelligible (or any combination thereof). OTHER THAN AS REQUIRED BY LAW, THE PROMOTER MAKES NO WARRANTIES IN CONNECTION WITH THE CONTEST OR THE PRIZES. TO THE EXTENT PERMITTED BY LAW, THE PROMOTER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.6 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 contest in breach of these Terms and Conditions or from an entrant’s violation of any applicable law or regulation.
4.7 To the extent permitted by law, by entering this contest, 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 contest 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 (including attorney's fees and costs) 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 and shall be exclusively governed by and construed in accordance with the laws of Australia, which shall have exclusive jurisdiction in the case of any dispute between the parties.
5.2 If this contest 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 the relevant regulatory authorities where required, to modify, suspend, terminate or cancel the contest, as appropriate.
5.4 The Promoter reserves the right, at its sole discretion, to make necessary modifications to the contest, subject to approval of the relevant regulatory authorities where required (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 contest, (b) the contest 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 contest is otherwise not capable of running as planned by the Promoter. In the event errors or corruption occurs in the operation of the contest or the processing or storage of entries, winners will be selected from the remaining uncorrupted entries, subject to approval of the relevant regulatory authorities where required. Only the prizes listed and the values listed in these Terms and Conditions shall be awarded.
5.5 To the extent permitted by law in the relevant jurisdiction, by entering this contest, an entrant agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively in a Federal court of competent jurisdiction sitting in the state and/or country of residence. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest and never shall include consequential, incidental or punitive damages and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to those entrants.
5.6 No participant or winner shall have the right to contest any decision by Promoter concerning any aspect of the contest 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.
6. ADDITIONAL TERMS
6.1 Australia and New Zealand specific: 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 and in New Zealand (“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 contest.
6.2 United States of America specific: All federal, state and local laws and regulations apply. If any provision of this contest shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Contest void where prohibited, licensed, restricted or taxed. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6.2.A United States of America specific: All federal, state and local taxes on the prize are the winner’s responsibility. The winner, if a United States of America resident, must report the ARV of the applicable prize as income on his or her federal and state (if applicable) tax return, regardless of whether the winner receives an IRS Form 1099 from the Promoter. The winner must complete and submit a W-9 form to Promoter before collecting the prize.
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