Virgin Australia’s Greatest Ever Seat Upgrade at the 2018 Toyota AFL Grand Final Conditions of Entry
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 to every attendee in their seat at the 2018 Toyota AFL Grand Final Game at the Melbourne Cricket Ground on Saturday 29 September, 2018, 20 minutes prior to the start of the game (Entrants). The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 56 Edmondstone Road, Bowen Hills, Queensland 4006.
3. The 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 Promotion commences at 14:01 pm AEST on Saturday 29 September, 2018 and ends at 14:04 pm AEST on Saturday 29 September, 2018 (Promotion Period).
5. Entrants will be automatically entered into the Promotion when they purchase a ticket to the AFL Grand Final Game held on the 29 September, 2018 and are at the Melbourne Cricket Ground in their seat at the time the draw is conducted to be eligible for the Promotion.
6. There is a limit of one entry per person for the duration of the Promotion Period.
7. Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary.
C. Drawing Winners
8. The draw will be conducted on 29 September 2018 at half time, approximately 14:03 pm (AEST) at the Melbourne Cricket Ground, Richmond VIC 3121.
9. An entire ‘section’ will be selected and each person in their allocated seat will be deemed a Winner. For the avoidance of doubt, Entrants who are not present in their allocated seat at the time of the draw are ineligible to receive the Prize. The winner or winners (a Winner) will be announced in the Melbourne Cricket Ground via big screen visuals and audio over loud speakers after approximately 14:03pm AEST on 29 September, 2018. A Winner will be notified after approximately 14:05pm AEST on 29 September, 2018 directly by Virgin Australia staff, where further contact information and details will be requested, including but not limited to, full name, phone, email, and address. LED signage at the Melbourne Cricket Ground is pre-programed, therefore a random draw will take place at Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 56 Edmondstone Road, Bowen Hills, Queensland 4006 on the Friday 28 September 2018 to predetermine within which section the winning section will be drawn.
10. The name and state of a Winner may be published on AFL’s various social media channels, as well as the AFL’s members’ electronic marketing newsletters, and local newspapers after the 29 September, 2018.
11. If the Prize is not claimed in the Melbourne Cricket Ground prior to the game, approximately 14:10pm (AEST), a redraw will be conducted. If required, the redraw will be conducted momentarily on 29 September, 2018 at approximately 14:00pm AEST at Melbourne Cricket Ground, Richmond VIC 3121.
12. A redrawn Winner will be notified as per clause 11 and 12 directly after the redraw. The name and state of the re-draw Winner will be published on AFL’s various social media channels, as well as members’ electronic marketing newsletters, and local newspapers after the 29 September, 2018.
13. Entries that do not fully comply with these Conditions of Entry may be deemed invalid at the Promoter’s discretion.
14. All decisions of the Promoter are final and no discussions or correspondence will be entered into.
15. This is a game of chance. Skill plays no part in determining the outcome.
16. There are a maximum of up to 600 prizes to be won. Each Prize consists of one (1) return Economy flights on Virgin Australia from Sydney or Melbourne to Los Angeles (The Prize). Flights must be claimed within a 12 month period from the date of the Promotion.
17. Average total Prize value is up to $600,000 AUD (excluding GST). The Prize is not exchangeable and cannot be taken as cash.
a. Flights are subject to Virgin Australia’s conditions of carriage which are located on the Virgin Australia website at www.virginaustralia.com.
b. To redeem the flights, the Winner(s) must contact Virgin Australia to book flights on Prize.Winners@virginaustralia.com. This team operates Monday – Friday 09:00 – 17:00 AEST.
c. If for any reason, the Winner does not, once the flights have been booked, notify Virgin Australia at least 24 hours prior to scheduled departure that they are unable to take the booked flight at the time stipulated, their Prize will be forfeited and cannot be redeemed for cash.
d. Tickets are non-transferable (i.e. no name changes allowed after booking).
e. All bookings need to be made at least 7 days prior to travel.
f. The Prize will not earn Velocity points.
g. Further terms and conditions apply, as stipulated on the Prize Certificate.
19. If the Prize involves travel to any destination:
a. It is a Winner’s responsibility to ensure that they have requisite visas, vaccinations, and valid documentation (including, but not limited to valid passports and visas) which meet the requirements of immigration and other government authorities at every destination of travel. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner.
b. A Winner is responsible for all other expenses, including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance, and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
20. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination or as part of the Prize.
21. The Prize will be awarded to the Entrant seated in their allocated seat of the selected winning section.
E. Contacting the Entrant
22. 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.
23. By accepting the Prize, Winners agree to participate in, and co-operate 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
24. If this Promotion requires an Entrant to create any written material, imagery or sound recordings, the provisions in this Section F apply.
25. 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.
26. 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. Such use may include social media channels, publications including our inflight magazine, and television commercials. 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.
27. 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.
28. 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. The 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.
29. 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 the AFL for any connection with participating in the Promotion or the receipt or use of any Prize.
30. The Winners will be required to pay any taxes and other airport related charges (including any applicable GST on those taxes and charges) which may be due on receipt or use of the Prize.
31. 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 the Prize.
32. 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.
33. The other party must ensure that all promotional and marketing material prepared by the other party relating to the Promotion sufficiently notifies Entrants of the above conditions.
34. The Promoter, its agents, and associate 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.
35. 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.
36. 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.
37. 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 directions given under State Regulation.
38. 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 Promotion 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).
39. 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.
40. The Promoter, its 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.
41. The Promoter is not liable for any tax implications arising from Prize winnings. Independent financial advice should be sought as tax implications may arise as a result of accepting the Prize.
43. 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.