Win a trip for 2 to Cambodia!

TERMS & CONDITIONS:
1.            Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2.            Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
3.            Promotion commences on 25/07/2016 and closes at 11:59pm AEST on 21/08/2016 (“Promotional Period”).
4.            To be eligible to enter, individuals must take an original photograph whereby the photograph taken along with an original Caption, represents what makes you different (“Photograph and Caption”). For the avoidance of doubt the Photograph can be a Photograph that was taken prior to or during the Promotional Period. Entrants must ensure they have consent from every person featured within the Photograph to enter the Photograph in this promotion.
5.            To enter, individuals must then complete the following entry method during the Promotional Period:
Instagram
(a)          access and login to their Instagram account;
(b)          become a ‘Follower’ of “@BusaboutAsia” (“Busabout Asia Instagram Account”)  and “@eone_anz” (“Entertainment One Australia Instagram Account”) and “@factorie” (“Factorie Instagram Account”)  (if not an existing Follower of either); and
(c)          Post their photograph and caption to their own Instagram account, including the following hashtag ‘#FactorieAllegiant’ and mention or tag “@BusaboutAsia” and “@eone_anz” and “@factorie” in the photograph or caption.
When entering via Instagram, only entries that contain the unique hashtag and mention ‘@BusaboutAsia’ and ‘@eone_anz’ and ‘@factorie’ will be eligible.
For the avoidance of doubt to be eligible for entry, Instagram entrants must have their Instagram account on public display (i.e. not set to ‘private’) and their Instagram profile must contain sufficient details to allow the Promoter to personally identify the entrant.
6.            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 promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
7.            Incomplete or indecipherable entries will be deemed invalid.
8.            Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

10.         The judging will take place at Factorie Pty Ltd Head Office, 14 Shepherd Court, North Geelong, VIC 3215 Australia and the winner(s) will be notified by 1/9/16. The judges may select additional reserve entries that they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners will be notified via Direct Message and/or an Instagram comment on their winning Photograph.  This is a game of skill and chance plays no part in determining the winners.  Each entry will be individually judged based on literary and creative merit of their Photograph and Caption and how well the Photograph and Caption represents what makes you different?

11. The Promoter’s decision is final and no correspondence will be entered into.
12.         All entrants must respond to Promoter within three (3) days of receiving written confirmation of winning via Instagram. Entrants are to respond with their full name, DOB, contact phone number and postal address. If entrants do not respond within 3 days, the Promoter may select another winner.
13.         The best valid entry, as determined by the judges, will win the Major Prize, including:
a)    2 x Busabout Cambodian Adventures for winner and guest 18+ years valued at AUD$1,858.00 (inc. GST)
b)    Two (2) one-way economy flights from the winner’s nearest capital city within Australia or New Zealand to Phnom Penh, Cambodia valued at up to AUD $1,500 total, pending winner’s nearest capital city*;
c) Two (2) one-way economy flights from Siem Reap, Cambodia to the winner’s nearest capital city within Australia or New Zealand valued at up to $1,500 total, pending winner’s nearest capital city*;
d) An ‘Allegiant’ merchandise prize pack valued at AUD $114.80 (including one of each ‘Allegiant’ DVD valued at $34.95, ‘Divergent’ DVD valued at $14.95, ‘Insurgent’ DVD valued at $19.95, ‘Allegiant’ Book valued at $19.95; ‘The Divergent Series’ Badge valued at $10.00 and ‘The Divergent Series’ Keyring values at AUD $15.00).
e) Total prize value of the major prize valued at up to AUD $4,972.80*
14.         The next best ten (10) valid entries, as determined by the judges will each win an ‘Allegiant’ merchandise prize pack valued at AUD $114.80 total (including one of each ‘Allegiant’ DVD valued at $34.95, ‘Divergent’ DVD valued at $14.95, ‘Insurgent’ DVD valued at $19.95, ‘Allegiant’ Book valued at $19.95; ‘The Divergent Series’ Badge valued at $10.00 and ‘The Divergent Series’ Keyring values at AUD $15.00).
15.         Total prize pool valued at up to AUD $6,120.90*
16.         The Busabout Prizes offered are subject to normal booking terms and conditions. Please see Busabout Asia 2016 or 2017 Brochure or refer to www.busabout.com for full booking terms & conditions. Cancellation and change fees apply. Spending money, accommodation (unless included), meals, optional activities, additional taxes, insurance, transfers, items of a personal nature, visa’s, inoculations, in-room charges and all other ancillary costs not mentioned in prize inclusions are not included.
17.         Entry is open to all Australian and New Zealand residents.
 
18.         The major prize of a trip for 2 to Cambodia must be taken by 30th September 2017. Once the major winner has confirmed acceptance of their Prize via Instagram and/or email, factorie Pty Ltd will notify Partners within 5 business days and arrange for the Prize/s to be supplied to the major winner and ten (10) runners-up.
19.         Major prize winner and ten (10) runners-up must allow a 28-day delivery period to receive Allegiant merchandise prize packs.
20.         Unless expressly stated within these Conditions of Entry regarding the prize, all other expenses become the responsibility of the winner. In the event that for any reason a prize winner does not take the whole or part of a prize within the time stipulated by the Promoter then that whole or part of the prize will be forfeited by the prize winner. Neither cash nor other form of compensation will be supplied in lieu of the forfeited whole or part of the prize.
21.         Prize inclusions can alter slightly depending on availability at time of travel.
22.         If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
23.         Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
24.         Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“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 will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d)  they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e)  they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f)   they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
25.         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.
26.         Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
27.         If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
28.         Any cost associated with accessing the entrant’s Instagram account is the entrant’s responsibility and is dependent on the Internet service provider used.
29.         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.
30.         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, 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 the winners formal event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; any tax liability incurred by a winner or entrant; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize.
31.        As a condition of accepting a prize, the major prize must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.AnchorAnchor
32.         The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed http://www.factorie.com.au/customer-service/privacy-policy.html?region=AU. 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 PI 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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia or New Zealand.
33.         Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms (as applicable, based on the method of entry). This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law
The Promoter is Factorie Pty Ltd (ACN 127 578 394), 14 Shepherd Court, North Geelong, Victoria 3215, Australia.