Secret Santa Competition (“Competition”)
1. 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.
2. Entry is open to residents of Australia (“Entrants”). The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of 56 Edmondstone Road, Bowen Hills, Queensland 4006. The directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate are not eligible to enter the competition.
The Competition commences at 12pm AEDT on Thursday 22nd December 2016 and ends at 4pm AEDT on Friday 23rd December 2016 (“Competition Period”).
3. To enter the Competition, Entrants must answer in 25 words or less ‘If you could travel to Necker Island to meet Richard Branson, what question would you ask him and why?’ on the Virgin Australia Facebook page under the competition post during the Competition Period.
4. There is a limit of one entry per person for the duration of the Competition Period. Only one entry will be valid per entrant.
5. 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.
6. If you enter the Competition but no longer wish to participate, please email email@example.com and you will be removed from the Competition.
7. By entering this promotion, Entrants expressly consent to allow the Promoter to display their entry across the Virgin Australia Facebook page or website.
8. Costs associated with accessing the competition website remain an Entrant’s responsibility and may vary depending on the Internet service provider used.
9. The winner will be contacted via private message on Facebook by Virgin Australia after 3pm AEST on Friday 6th January 2017. The private message will request further contact information including, but not limited to, full name, phone, email and address.
10. If the prize is not claimed by the winner within one week being contacted via private message, the prize will be re-awarded in accordance with these Conditions of Entry as if the previous winning entry had not been received.
11. Entrants 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 these Conditions of Entry as if the discarded entry had not been received.
12. All entries received will be judged by a judging panel at the Promoter’s address, being 56 Edmondstone Road, Bowen Hills, Queensland 4006. A shortlist will be established for the final winner to be selected by Sir Richard Branson. All decisions of the Promoter are final and no discussions or correspondence will be entered into.
13. 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.
14. Any entries containing inappropriate, irrelevant or offensive material will be deemed invalid. The Promoter will disqualify any Entrant who tampers with the entry process, 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.
15. Any disqualified Entrant is prohibited from any further participation in this competition.
16. There is one prize pack to be won. The Winner will receive a prize pack containing a Necker Island BBQ apron, Virgin Limited Edition travel wallet, luggage tags, and stationary.
17. The total prize value is $200 AUD. The prize is not exchangeable and cannot be taken as cash.
18. The prize will be awarded to the Entrant named in the entry.
19. By accepting the prize, the winner agrees 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. The winner will not be entitled to any fee for participating in these activities.
20. 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 participating in the entry including any person being tagged in the entry.
21. Entrants hereby assign to the Promoter, all right, title and interest in and to all copyright in any material created pursuant to the Entrant’s participation in any aspect of the competition (“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.
22. 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.
23. 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.
24. The Promoter reserves the right to request that winners 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.
25. Entrants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the competition release Facebook and its associated companies from all liability arising from the competition. Entrants provide their information to the Promoter and not to Facebook.
26. Entrants use Facebook in accordance with Facebook’s terms and conditions and the Promoter is not responsible for the Entrant’s use of Facebook.
27. 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, technical failures, tampering, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in their absolute discretion cancel the competition and recommence it from the start on the same conditions.
28. 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”).
29. 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, 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.
30. 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.
33. Entrants’ personal information may be disclosed to State and Territory lottery departments and the Winner’s names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.