5. THE PRIZE AND COMPETITION RULES:
a. The winners will be randomly drawn from all correct entries by APN's Auckland office.
b. Major Prize winner will win 1x $5000 House of Travel voucher to be used for travel in Australia plus two economy 'The Works' flights with Air New Zealand, further conditions of this prize are listed in clause 9.
c. Minor prize winners will be sent their vouchers to use with House of Travel for Australian travel only.
6. NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY:
The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.
The winner and his or her guest must sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.
It is the sole responsibility of the winners to ensure that they have valid travel documents, any necessary health or other insurance, and that they are fit to fly and have no medical conditions which could adversely affect them at any time during the use and enjoyment of the prize.
Compliance with any health or other government requirements is the responsibility of the winners. It is the responsibility of the winners to enquire about local issues and conditions at destinations before travel. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination.
7. INTERNET:
If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, 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, and to cancel, terminate, modify or suspend the competition.
The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. OWNERSHIP OF ENTRIES & PRIVACY:
The Promoter requires the entrant's personal information in order to conduct the competition. If an entrant does not provide the mandatory personal information requested then he/she will not be able to take part in the competition. The Promoter is bound by the Privacy Principles in the New Zealand Privacy Act 1993 and by entering the competition, the entrant is taken to consent to the Promoter's privacy policy which is available at http://www.australia.com/PrivacyPolicy.aspx
The entrant may 'opt in' to providing his/her personal information to Tourism Australia. If the entrant 'opts in' in this manner, the entrant acknowledges that a primary purpose of collection of the entrant's personal information is to enable Tourism Australia to contact entrants in the future with information on special offers or provide entrants with marketing materials.
By ticking the optional box "I am happy for APN (publishers of The NZ Herald) to email me information and promotions that may be of interest" entrants acknowledge that they are agreeing to receive future emailed communications from the APN and its promotional partners.
All entries become and remain the property of the Promoter (subject to the limits contained the Promoter's privacy policy).
9. WINNING THE PRIZE:
a. Only the person who originally entered the Promotion can be awarded the prize ('the Winner').
b. The Winner will be determined in the manner set out in the Promotion Terms and Conditions - if not specified then as determined by the Promoter who shall for this purpose be deemed the Judge. The Judge's determination of the Winner will be final and no correspondence will be entered into.
c. The Winner will be notified by phone (voice or text) or email.
d. Where attempts to contact the Winner fail (e.g. when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another winner. (Note: 3 attempts to contact will include individual calls to any numbers provided at the time of entry.) The prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to participate on the Winner's behalf. In the event that the prize specified in the Promotion becomes unavailable for any reason the Promoter may substitute a prize of like or equal value. Where the prize incorporates air travel, unless otherwise specified the air travel is economy class.
e. The Winner takes the prize entirely at his/her own risk and indemnifies Tourism Australia in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize.
f. Major Prize Winner travel is valid for two adults flying in Economy Class "The Works" from Auckland, Wellington or Christchurch to Sydney/Melbourne/Brisbane/Cairns/Adelaide or Perth return on Air New Zealand direct operated services only, seats are limited and are subject to availability.
g. Major Prize Winner travel must be between 27 Jan 2014 and 31 Aug 2014.
h. Major Prize Winner travel must be commenced and completed by 31 August 2014, however travel during Public or School Holidays is not permitted.
i. Major Prize Winner flight bookings must be requested at least 14 days before proposed departure date and tickets are non-changeable once issued.
j. Major Prize Winner travel is non-transferable, exchangeable or redeemable for cash.
k. Major Prize Winner travel is not eligible to accrue Airpoints Dollars™, Status Points, upgrades, companion redemption or credit of tier status, or any other carriers frequent flyer schemes, and cannot be used in conjunction with Air New Zealand's Airpoints™ Programme or any other carriers' frequent flyer schemes.
l. Major Prize Winner travel will be subject to Air New Zealand's Conditions of Carriage, to view visit www.airnz.co.nz
10. VERIFICATION:
If requested by the Promoter, the provisional Prize winners must produce, within the time requested by the Promoter and in its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize and compliance with these Terms before the Promoter issues their Prize. If the items required by the Promoter are not received or a provisional winning entry has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the provisional winner's entry will be deemed invalid. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. The Promoter also reserves the right to request the Winner's travel companions to produce appropriate photo identification and other documentation to confirm their identity, age and residential address before issuing the Prize.
11. GENERAL:
a. Entrants can only enter the Promotion in their own name.
b. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.
c. If for any reason the Promoter is unable to provide a winner with the Prize or any component of the Prize, the Promoter reserves the right to supply an alternative prize (or component) of similar monetary value to the nominated prize or component.
d. Entries must be received by the Promoters during the Promotional Period. The Promoters accept no responsibility for late, lost or misdirected entries.
e. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.
f. Incomplete or incorrect entries are not eligible to win.
g. The Promoter encourages Prize winners to enjoy alcohol in moderation and to consider the 'low risk drinking' guideline recommended in the National Health & Medical Research Council Australian Alcohol Guidelines. A full version of the guidelines is available at: http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Winners are also encouraged to visit the Australian Government's information site for alcohol at www.alcohol.gov.au.
h. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
i. The Promoter collects personal information about entrants to include entrants in the Promotion and where appropriate award the Prizes. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each entrant consents to disclosing their personal information to the Promoter and the Promoter using, and disclosing their personal information to the Promoter's related entities, the Promoter's agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Prizes) for use for, the following purposes:
i. contacting the entrant in relation to the Promotion;
ii. improving the Promoter's or the Promoter's related entities' goods and services; and
iii. contacting the entrant in the future for the Promoter's or the Promoter's related entities' marketing purposes via any medium including mail, telephone (regardless of whether the entrant is registered on the Do Not Call Register) and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other media including media not yet in existence at the time of the Promotion.
The entrant provides this consent until such a time as they withdraw their consent by giving notice to each of the Promoters. Entrants can also gain access to, update or correct any personal information held by the Promoter by contacting the Promoter by sending an email to privacy@tourism.australia.com and nzherald@apn.co.nz. All personal information will be stored at the office of the Promoters.
j. Entrants acknowledge that on the entry form entrants may tick a box agreeing to the Promoter providing the entrant's personal information to the Promoter's partners for the following purposes:
i. the Promoter's partners contacting the entrant in relation to the Promoter's partners newsletters;
ii. the Promoter's partners contacting the entrant with information on promotions and offers offered by the Promoter's partners; or
iii. the Promoter's partners contacting the entrant in relation to the Promoter's partners general marketing purposes,
via any medium including mail, telephone (regardless of whether the entrant is registered on the Do Not Call Register) and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other media including media not yet in existence at the time of the Promotion.
I. By accepting a Prize, Winners agree and acknowledge:
i. they may be contacted by the Promoter (or an agent of the Promoter) to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos or recordings of them;
ii. the Promoter may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the Materials) for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
iii. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
iv. they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose it determines;
j. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prizes.
© 2013 Tourism Australia
