Virgin Australia ‘High Flying to LA’ Competition Conditions of Entry
- Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the competition is deemed acceptance of these Conditions of Entry by each Entrant.
- Entry is open to Australian residents who are 18 years of age or over (“Entrants”). The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of 56 Edmondstone Road, Bowen Hills, Queensland 4006, telephone (07) 3295 3000.
- The directors, officers, management and employees (and their immediate families) of the Promoter and its Affiliated Companies are not eligible to enter the competition. Affiliated Companies include Virgin Australia International Airlines Pty Ltd, Virgin Australia Airlines (SE Asia) Pty Ltd, Virgin Australia Airlines (NZ) Ltd, Virgin Australia Regional Airlines Pty Ltd, Virgin Samoa Ltd and Velocity Rewards Pty Ltd.
- The competition commences at 1:00 pm AEST on 20 November 2013 and ends at 1:00 pm AEST on 27 November 2013 (“Competition Period”). The winner will be selected from 1:00 pm AEST on 27 November 2013.
- To enter the competition, Entrants must:
(a) Via Facebook: Like and post a comment within the competition post on Cameron Ernst’s Facebook page (http://www.facebook.com/ernstcam), explaining in 25 words or less what you love the most about L.A.
(b) Via Twitter: Tweet to @cameronernst in 140 characters or less what you love the most about L.A.
- There is a limit of one entry per person for the duration of the Competition Period.
- 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.
- Costs associated with accessing Facebook and Twitter remain an Entrant’s responsibility and may vary depending on the Internet service provider used.
- The winner may be announced on Facebook and Twitter after 12:00 pm AEST on 28 November 2013. The winner will be notified after 12:00 pm AEST on 28 November 2013 directly on Facebook or Twitter where further contact information and details will be requested including, but not limited to, full name, phone, email, and address. The winning entry may be published on the Promoter’s Facebook page and via the Promoter’s Twitter account.
- If the Promotes is unable to make contact with the winner within 24 hours of announcement, the winner’s entry will be deemed invalid and the prize will be re-awarded to the next best valid entry.
- 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.
- One winner will be judged from all entries received by a judging panel at Virgin Australia at 56 Edmondstone Road, Bowen Hills QLD 4006. All decisions of the Promoter are final and no discussions or correspondence will be entered into.
- This is a game of skill and chance plays no part in determining the outcome. The criteria for judging will be based on, among other things, originality, creative merit and relevance.
- There is one prize to be won: return economy flights for 2 people from the winner’s nearest Virgin Australia port in Australia to Los Angeles flying Virgin Australia. The flights are provided in the form of a prize certificate valid for 12 months from date of issue and are subject to the terms and conditions outlined in the certificate. To book, winner must call the Prize-winner Department on 07 3295 3166 and quote the reference number provided in the certificate.
- Average total prize value is $5,000 AUD (excluding GST). The prize is not transferable, exchangeable and cannot be taken as cash. The Promoter accepts no responsibility for any variation in prize value. If a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter.
- Flights are subject to Virgin Australia’s terms and conditions of carriage and fare rules which are located on the Virgin Australia website and can be found at www.virginaustralia.com.
- 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, then their prize will be forfeited and cannot be redeemed for cash.
- It is the winner’s responsibility to ensure that they have requisite visas, vaccinations, valid documentation (including but not limited to valid passports and visas) which meet the requirements of immigration and other government authorities at every destination. 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.
- The winner is responsible for all other expenses including accommodation, 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.
- 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.
- The prize will be awarded to the Entrant named in the entry.
- By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media and promotional requests relating to the prize, including but not limited to, being interviewed and photographed. The winner will not be entitled to any fee for participating in these activities.
- As a condition of entering this competition, 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 particpating in, or contributing to, the entry.
- As a condition of entering this competition, Entrants hereby assign to the Promoter:
(a) all copyright and all rights of a similar nature (whether such rights are in existence now or at any time in the future) throughout the world to any material used or created in the entry or pursuant to the winner’s participation in any aspect of the competition (“Works”); and
(b) any and all other Intellectual Property Rights, common law rights and remedies in relation to the Works.
- Intellectual Property Rights includes all present and future industrial and intellectual property rights, and includes (without limitation) copyright, trade mark, design, patent, semiconductor and circuit layout rights, geographical indications, rights in trade secrets and confidential information, whether registered or not, and any rights to registration of such rights, anywhere in the world from time to time.
- Entrants acknowledge that the Promoter, its Affiliated Companies, assignees and licensees, are 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, its Affiliated Companies, assignees and licensees, may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their Moral Rights.
- Moral Rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world.
- Entrants acknowledge that the Promoter, its Affiliated Companies, assignees and licensees, may do or omit to do anything which may infringe any and all Moral Rights granted of the Entrant or any third party appearing in or participating in the entry, including to edit, alter and/or reproduce the work, in any manner or context, in perpetuity throughout the world, and such consent is given to the full extent permitted under the Copyright Act 1968 (Cth).
- The Entrant indemnifies the Promoter and Affiliated Companies from and against any and all claims and demands made against the Promoter, its Affiliated Companies, assignees or licensees, in relation to:
(a) the warranties provided by the Entrant in clause 23;
(b) any claim by a third party against the Promoter, its Affiliated Companies, assignees or licensees, in connection with the use by the Promoter, its Affiliated Companies, assignees or licensees, of the Works including any claim by a third party that use by the Promoter, its Affiliated Companies, assignees or licensees, of the Works Infringes that third party’s Intellectual Property Rights or Moral Rights.
- In consideration for the Promoter awarding the prize to the winner, the winner hereby 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.
- The Promoter reserves the right to request winners to provide 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.
- 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 competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition 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 competition.
- 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 competition on the dates and in the manner described in these terms and conditions, 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 competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
- 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 which cannot be excluded by law (“Non-Excludable Guarantees”).
- The Promoter and its Affiliated 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 competition 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 competition 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;
(iv) acceptance and/or use of any prize (including but not limited to any component of a winner’s flight).
- 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, 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 competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- The Promoter and its Affiliated 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.
- If for any reason this competition 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 competition, 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 competition, or invalidate any affected entries, subject to any written direction given under State Regulation.
- 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.
- By entering the competition, each Entrant also agrees that the Promoter may use their personal information, for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the Entrant commercial electronic messages.
- 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 via the address or phone number specified in clause 2 above.