The All-Inclusive Giveaway - Terms and Conditions

Conditions of Entry for Australian Agents 

 A. General
1. Information on how to enter this Promotion (the Promotion), mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each Entrant.

 2. Entry is open to Australian residents aged 18 years or over who are employed as a travel agent at a travel agency office located in Australia, have a valid individual work email address (generic agency or shared email addresses are not valid) and whom have physically used a GDS to make bookings, excluding online travel agents or online corporate booking tools as set out in clause 3 (Entrants). For the avoidance of doubt, if a travel agency of employment is an international agency with various offices and/or headquarters outside of Australia, only those employees of the agency who are physically located in Australia and are employed in one (1) of the agency’s Australian offices will be eligible. Travel Agents must be employed as a Travel Consultant at the same travel agency at which they were working when they entered this Promotion during the Promotion Period (If an Entrant ceases employment with their travel agency between the date they entered the Promotion and the date the Winner is decided, they will be ineligible to win and the Promoter reserves the right to select a replacement winner).

3. The following parties are not eligible for entry in the Promotion:

(a) Directors, officers, and the management and employees of online travel agents including Webjet, Expedia, Flight Centre Online, Jetabroad, Wotif, Last Minute Australia, Helloworld Online, Travel.com, Edreams, Cheapoair, corporate online agencies/online booking tools where there is no touch point by the individual travel agent with the guest; and

(b) directors, officers, management, operations managers and employees (and their immediate families) of the Promoter and its related bodies corporate are not eligible to enter this Promotion.

4. The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 56 Edmondstone Road, Bowen Hills, Queensland 4006. (The Promoter).

5. The Promotion commences at 00:01 am AEST on 29 October 2018 and ends at 11:59pm AEST (GMT+10 hours) on 25 November 2018 (Promotion Period).

B. Entry
6. To enter the Promotion,

a) Entrants must during the Promotion Period make an Eligible Booking and ticket an Eligible Flight. An Eligible Flight means any new Trans-Tasman fare from Australia, made on Virgin Australia (795) or (000) ticket stock for travel to New Zealand at any time (no exclusions apply) (Travel Period). Trans-Tasman flights must be operated by Virgin Australia.
b) Entrants must also be a member of the Velocity Frequent Flyer Program. If you are not yet a member, you can join for free here.

7. For the avoidance of doubt, a booking will not be considered an Eligible Booking and will not count towards the Promotion where any of the following applies:

(a) the booking does not have a valid ticket number;
(b) passengers on the booking do not complete their travel, the booking is subsequently cancelled, or the booking has been modified to a different destination prior to the completion of the Promotion;
(c) the Entrants do not enter the OSI entries at the same time of the PNR creation for the booking in accordance with clause 8; or
(d) the booking contains incomplete, invalid, incorrect, cancelled or indecipherable codes.

8. Entrants must enter the following OSI entries in their employer’s applicable booking system at same time of PNR creation for the Eligible Flight:

 Sabre: 3OSI VA VAIN VA/Inclusive/State/Agent’s first name and last name /personal work email address
 Galileo: SI.VA*VAIN VA/Inclusive/State/Agent’s first name and last name /personal work email address
 Amadeus: OS VA VAIN VA/Inclusive/State/Agent’s first name and last name /personal work email address

Note: When entering your work email address in the OSI field use // instead of @. If you have an underscore (_) in your email address, replace _ with –

9. Each Eligible Booking must be unique to an individual travel agent registered in Australia only. Agency (including online corporate booking tools/OBTs/OTA’s) are not permitted and will not be considered an Eligible Booking for the purposes of the Promotion.

10. In the event that the Promoter becomes aware of any false bookings for the purposes of this Promotion, the Entrant will be disqualified from the Promotion, and any prizes awarded to the Entrant will be forfeited and must be returned by the Entrant.

11. The Promoter is not responsible for any technical malfunction of any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise.

12. The time of entry will be deemed to be the time the entry is received by the Promoter.

13. The Promoter reserves the right, at any time, to verify the validity of Eligible Booking and Eligible Flight and Entrants (including an entrant’s identity, age and place of residence) and to disqualify any Entrant(s) who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

14. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Illegible, incomprehensible and incomplete entries will be deemed invalid. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by the Promoter.

15. If you enter the Promotion but no longer wish to participate, please email vaincentive@virginaustralia.com and you will be removed from the Promotion.

16. Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary.

C. Selecting Winners
17. There will be a total of 40 winners nationally during the Promotion Period as follows:

(a) There will be 10 weekly winners each week from 29 October 2018 to 25 November 2018 (total 40 prizes). Weekly winners will be determined from the entries received from each sales period stated in clause 28 based on the Entrants with the highest ticketed revenue or second highest ticketed revenue.
(b)
Weekly prizes will be divided as follows. 10 weekly prizes will be allocated to agents per week. Five (5) weekly prizes will be allocated to Retail agents and five (5) weekly prizes will be allocated to Corporate agents per week.

18. For the avoidance of doubt, “Ticketed Revenue” means a fare exclusive of ancillaries and fees other than ticket taxes including GST.

19. The winner will be decided in accordance with clause 28.

20. Entrants will only be eligible to win one (1) Weekly Prize during the Promotion. If an Entrant has already won one (1) Weekly Prize, the next Entrant with the highest ticketed revenue for the week that has not previously been selected as winner will be named the Weekly Prize Winner.

21. The Winners will be notified directly by phone and/or email by 17 December 2018, where further contact information and details will be requested including, but not limited to, full name, phone, email, and address to be listed on the Virgin Australia Agency Hub.

22. The prizes are not transferable or exchangeable. If for any reason the prizes are not redeemed or claimed by the 31 January 2019 then the prize will be forfeited.

23. If an Entrant has changed employer during the Promotion Period, their sales from each company will not be combined and only their sales recorded with their current employer (as at the end of the Promotion Period) will be considered.

24. Winners will be decided from all Eligible Bookings at the Promoter’s business address, 56 Edmondstone Road, Bowen Hills, Queensland 4006. All decisions of the Promoter are final and no discussions or correspondence will be entered into.

25. Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received.

26. This is a game of skill and chance plays no part in determining the outcome. The. The criteria for judging will be based on the highest sales for eligible fare brands based on the Entry requirements set above.

D. Prizes

 27. There are 40 prizes to be won. Prizes consist of 10 x 50,000 Velocity Points to be won each week by the top 10 sellers of Virgin Australia to New Zealand. The prizes consist of the following:
 

Week Prize Sales period Date the winners are determined Date the winners are notified
Week 1 50,000 Velocity Points
(10 to giveaway)
29 October –
4 November 2018
Week commencing 26 November 2018 17 December 2018
Week 2 50,000 Velocity Points
(10 to giveaway)
5 November–
11 November 2018
Week commencing 26 November 2018 17 December 2018
Week 3 50,000 Velocity Points
(10 to giveaway)
12 November–
18 November 2018
Week commencing 26 November 2018 17 December 2018
Week 4 50,000 Velocity Points
(10 to giveaway)
19 November–
25 November 2018
Week commencing 26 November 2018 17 December 2018

 

 28. Total prize value is $74,000 AUD includes GST and taxes. The prize is not exchangeable and cannot be taken as cash.

29. Velocity Points:

 a. The points will be credited to the winner’s accounts within 30 days of the end of the Promotion Period. Entrants who are not existing Velocity Frequent Flyer Program members are not eligible to receive Velocity Points. You can sign up to the Velocity Frequent Flyer Program for free here.   Please note if the prize winner’s account is linked via family pooling the prize Points will be allocated into the Beneficiary Account and Points can expire due to account inactivity.

b. Use of points is subject to the Velocity Members Terms and Conditions, which are located on the Velocity Frequent Flyer website here
30. The prize will be awarded to the Entrant named in the entry.

E. Contacting the Entrant
31. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

32. By accepting the prize, Winners agree to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed. Winners will not be entitled to any fee for participating in these activities.

F. Intellectual Property
33. If this Promotion requires an Entrant to create any written material, imagery or sound recordings, the provisions in this Section F apply.

34. As a condition of entering this Promotion, the Entrant warrants to the Promoter that:

a. The entry does not infringe the intellectual property rights or moral rights of any third party; and

b. The Entrant has obtained permission from any third party appearing or participating in the entry.

35. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.

36. The Promoter may want a Winner to participate in promotional activity after the Promotion has ended. In consideration for the Promoter awarding the prize to a Winner, the Winner permits the Winner’s image and/or voice, as recorded, photographed or filmed during the Winner’s participation in the prize to appear in any media whatsoever throughout the world for an unlimited period and the Winner will not be entitled to any fee for such use.

37. The Promoter reserves the right to request that a Winner provides proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.

G. Tax
38. The Promoter will not be liable for any tax liability, including without limitation income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits, incurred by a winner, an Entrant, and/or their employer in regards to any connection with participating in the Promotion or the receipt or use of any prize.

39. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability and/or reportable fringe benefits before acceptance or use of a prize.

40. The Promoter does not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using any of the prizes.

41. If another party (other than the Promoter) is involved in promoting the Incentive, they must ensure that all promotional and marketing material prepared by them relating to the Promotion sufficiently notifies Entrants of the above conditions.

42. The Promoter, its agents and associated companies are not responsible for and exclude all liability (including negligence), for any variation in the prize value to that stated in these Terms and Conditions.

H. Legal
43. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion.

44. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.

45. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written direction given under State Regulation.

46. 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 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) in Australia, or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). The Promoter, its associated agencies and companies (and their respective officers, employees and agents) exclude all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Promotion or any prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and (iv) acceptance and/or use of any prize (including but not limited to any component of a Winner’s trip).

47. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Promotion. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

48. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

49. The Promoter is collecting your personal information for the purpose of conducting the Promotion, including providing any prize to you. If the Promoter can not collect your personal information, we will not be able to enter you in the Promotion or provide you with a prize. The Promoter may also disclose your personal information to and/or collect your personal information from its related companies (including Velocity Frequent Flyer Pty Ltd and Velocity Rewards Pty Ltd) and third parties who provide (or help the Promoter provide) products and services. The Promoter may disclose your personal information to persons or organisations located in overseas countries, as described in the Promoter’s Privacy Policy (www.virginaustralia.com/privacy). The Promoter’s Privacy Policy also states how you can seek to access or correct your personal information and how to make a privacy complaint. You can contact the Virgin Australia Privacy Officer at privacy@virginaustralia.com.

50. You consent to the Promoter using your personal information for future promotional and marketing purposes regarding the Promoter’s products and services, including contacting the entrant via SMS and email messages (and you consent to receiving such messages from the Promoter). Information on how to opt-out from these messages is set out in the Promoter’s Privacy Policy.

51. Entrant’s personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.

 

Conditions of Entry for New Zealand Agents

 A. General
1. Information on how to enter this Promotion, mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each Entrant.

 2. Entry is open New Zealand residents aged 18 years or over who are employed as a travel agent at a travel agency office located in New Zealand, have a valid individual work email address (generic agency or shared email addresses are not valid) and whom have physically used a GDS to make bookings, excluding online travel agents or online corporate booking tools as set out in clause 3 (Entrants). For the avoidance of doubt, if a travel agency of employment is an international agency with various offices and/or headquarters outside of New Zealand, only those employees of the agency who are physically located in New Zealand and are employed in one (1) of the agency’s New Zealand offices will be eligible. Travel Agents must be employed as a Travel Consultant at the same travel agency at which they were working when they entered this Promotion during the Promotion Period (If an Entrant ceases employment with their travel agency between the date they entered the Promotion and the date the Winner is decided, they will be ineligible to win and the Promoter reserves the right to select a replacement winner).

3. The following parties are not eligible for entry in the Promotion:

(a) Directors, officers, and the management and employees (including operations managers) of online travel agents corporate online agencies/online booking tools where there is no touch point by the individual travel agent with the guest; and

(b) directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate are not eligible to enter this Promotion.

4. The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 56 Edmondstone Road, Bowen Hills, Queensland 4006. (The Promoter).

5. The Promotion commences at 00:01 am NZST on 29 October 2018 and ends at 11:59pm AEST (GMT+10 hours) on 25 November 2018 (Promotion Period).

B. Entry
6. To enter the Promotion,

a) Entrants must during the Promotion Period make an Eligible Booking and ticket an Eligible Flight. An Eligible Flight means any new Trans-Tasman fare from New Zealand, made on Virgin Australia (795) or (000) ticket stock for travel to Australia at any time (no exclusions apply) (Travel Period). Trans-Tasman flights must be operated by Virgin Australia.
b) Entrants must also be a member of the Velocity Frequent Flyer Program. If you are not yet a member you can join for free here.

7. For the avoidance of doubt, a booking will not be considered an Eligible Booking and will not count towards the Promotion where any of the following applies:

(a) the booking does not have a valid ticket number;
(b) passengers on the booking do not complete their travel, the booking is subsequently cancelled, or the booking has been modified to a different destination prior to the completion of the promotion;
(c) the Entrants do not enter the OSI entries at the same time of the PNR creation for the booking in accordance with clause 8; or
(d) the booking contains incomplete, invalid, incorrect, cancelled or indecipherable codes.

8. Entrants must enter the following OSI entries in their employer’s applicable booking system at same time of PNR creation for the Eligible Flight:

 Sabre: 3OSI VA VAIN VA/Inclusive/State/Agent’s first name and last name /personal work email address
 Galileo: SI.VA*VAIN VA/Inclusive/State/Agent’s first name and last name /personal work email address
 Amadeus: OS VA VAIN VA/Inclusive/State/Agent’s first name and last name /personal work email address

Note: When entering your work email address in the OSI field use // instead of @. If you have an underscore (_) in your email address, replace _ with –

9. Each Eligible Booking must be unique to an individual travel agent registered in New Zealand only. Agency (including online corporate booking tools/OBTs/OTA’s) are not permitted and will not be considered an Eligible Booking for the purposes of the Promotion.

10. In the event that the Promoter becomes aware of any false bookings for the purposes of this Promotion, the Entrant will be disqualified from the Promotion, and any prizes awarded to the Entrant will be forfeited and must be returned by the Entrant.

11. The Promoter is not responsible for any technical malfunction of any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise.

12. The time of entry will be deemed to be the time the entry is received by the Promoter.

13. The Promoter reserves the right, at any time, to verify the validity of Eligible Booking and Eligible Flight and Entrants (including an entrant’s identity, age and place of residence) and to disqualify any Entrant(s) who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

14. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Illegible, incomprehensible and incomplete entries will be deemed invalid. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by the Promoter.

15. If you enter the Promotion but no longer wish to participate, please email vaincentive@virginaustralia.com and you will be removed from the Promotion.

16. Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary.

C. Selecting Winners
17. There will be a total of 20 winners nationally during the Promotion Period as follows:

(a) There will be five (5) weekly winners each week from 29 October 2018 to 25 November 2018 (total 20 prizes). Weekly winners will be determined from the entries received from each sales period stated in clause 28 based on the Entrants with the highest ticketed revenue or second highest ticketed revenue. If the Entrant has already been rewarded one Weekly Prize during the Promotion Period they, will no longer be eligible to win another Weekly Prize during the Promotion Period.

18. For the avoidance of doubt, “Ticketed Revenue” means a fare exclusive of ancillaries and fees other than ticket taxes including GST.

19. The winner will be decided in accordance with clause 27.

20. Entrants will only be eligible to win one (1) Weekly Prize during the Promotion. If an Entrant has already won 1 Weekly Prize, the next Entrant with the highest ticketed revenue for the week that has not previously been selected as winner will be named the Weekly Prize Winner.

21. The Winners will be notified directly by phone and/or email by 17 December 2018, where further contact information and details will be requested including, but not limited to, full name, phone, email, and address to be listed on the Virgin Australia Agency Hub

22. The prizes are not transferable or exchangeable. If for any reason the prizes are not redeemed or claimed by the 31 January 2019, then the prize will be forfeited.

23. If an Entrant has changed employer during the Promotion Period, their sales from each company will not be combined and only their sales recorded with their current employer (as at the end of the Promotion Period) will be considered.

24. Winners will be decided from all Eligible Bookings at the Promoter’s business address, 56 Edmondstone Road, Bowen Hills, Queensland 4006. All decisions of the Promoter are final and no discussions or correspondence will be entered into.

25. Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received.

26. This is a game of skill and chance plays no part in determining the outcome. The. The criteria for judging will be based on the highest sales for eligible fare brands based on the Entry requirements set above.

D. Prizes
27. There are 20 prizes to be won. Prizes consist of 5 x 50,000 Velocity Points to be won each week by the top five sellers of Virgin Australia flights to Australia. The prizes consist of the following:

Week Prize Sales period Date the winners are determined

Date the winners are notified

Week 1

50,000 Velocity Points
(5 to giveaway)

29 October –
4 November 2018
Week commencing 26 November 2018 17 December 2018
Week 2 50,000 Velocity Points
(5 to giveaway)
5 November–
11 November 2018
Week commencing 26 November 2018 17 December 2018
Week 3 50,000 Velocity Points
(5 to giveaway)
12 November–
18 November 2018
Week commencing 26 November 2018 17 December 2018
Week 4 50,000 Velocity Points
(5 to giveaway)
19 November–
25 November 2018
Week commencing 26 November 2018 17 December 2018


28. Total prize value is $40,215.00 NZD includes GST and taxes. The prize is not exchangeable and cannot be taken as cash.

29. Velocity Points:

a. The points will be credited to the winner’s accounts within 30 days of the end of the Promotion Period. Entrants who are not existing Velocity Frequent Flyer Program members are not eligible to receive Velocity Points. You can sign up to the Velocity Frequent Flyer Program for free here.   Please note if the prize winner’s account is linked via family pooling the prize Points will be allocated into the Beneficiary Account and Points can expire due to account inactivity.

b. Use of points is subject to the Velocity Members Terms and Conditions, which are located on the Velocity Frequent Flyer website here.

30. The prize will be awarded to the Entrant named in the entry.

E. Contacting the Entrant

31. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

32. By accepting the prize, Winners agree to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed. Winners will not be entitled to any fee for participating in these activities.
F. Intellectual Property
33. If this Promotion requires an Entrant to create any written material, imagery or sound recordings, the provisions in this Section F apply.

34. As a condition of entering this Promotion, the Entrant warrants to the Promoter that:

a. The entry does not infringe the intellectual property rights or moral rights of any third party; and

b. The Entrant has obtained permission from any third party appearing or participating in the entry.

35. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.

36. The Promoter may want a Winner to participate in promotional activity after the Promotion has ended. In consideration for the Promoter awarding the prize to a Winner, the Winner permits the Winner’s image and/or voice, as recorded, photographed or filmed during the Winner’s participation in the prize to appear in any media whatsoever throughout the world for an unlimited period and the Winner will not be entitled to any fee for such use.

37. The Promoter reserves the right to request that a Winner provides proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.

G. Tax
38. The Promoter will not be liable for any tax liability, including without limitation income tax and fringe benefits tax incurred by a winner, an Entrant, and/or their employer in regards to any connection with participating in the Promotion or the receipt or use of any prize.

39. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability before acceptance or use of a prize.

40. The Promoter does not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using any of the prizes.

41. If another party (other than the Promoter) is involved in promoting the Incentive, they must ensure that all promotional and marketing material prepared by them relating to the Promotion sufficiently notifies Entrants of the above conditions.

42. The Promoter, its agents and associated companies are not responsible for and exclude all liability (including negligence), for any variation in the prize value to that stated in these Terms and Conditions.

H. Legal
43. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion.

44. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.

45. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written direction given under State Regulation.

46. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or implied statutory warranties (Non-Excludable Guarantees). The Promoter, its associated agencies and companies (and their respective officers, employees and agents) exclude all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Promotion or any prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and (iv) acceptance and/or use of any prize (including but not limited to any component of a Winner’s trip).

47. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Promotion. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

48. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

49. The Promoter is collecting your personal information for the purpose of conducting the Promotion, including providing any prize to you. If the Promoter can not collect your personal information, we will not be able to enter you in the Promotion or provide you with a prize. The Promoter may also disclose your personal information to and/or collect your personal information from its related companies (including Velocity Frequent Flyer Pty Ltd and Velocity Rewards Pty Ltd) and third parties who provide (or help the Promoter provide) products and services. The Promoter may disclose your personal information to persons or organisations located in overseas countries, as described in the Promoter’s Privacy Policy (www.virginaustralia.com/privacy). The Promoter’s Privacy Policy also states how you can seek to access or correct your personal information and how to make a privacy complaint. You can contact the Virgin Australia Privacy Officer at privacy@virginaustralia.com.

50. You consent to the Promoter using your personal information for future promotional and marketing purposes regarding the Promoter’s products and services, including contacting the entrant via SMS and email messages (and you consent to receiving such messages from the Promoter). Information on how to opt-out from these messages is set out in the Promoter’s Privacy Policy.

51. Entrant’s personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.