Win 1 of 3 pre-loaded $5,000 VISA gift cards!

TERMS & CONDITIONS:
1 Information on how to enter this promotion and the prizes to be won forms part of these Terms & Conditions. By participating, entrants (“you”) agree to be bound by these Terms & Conditions. Entries must comply with these Terms & Conditions to be valid.
2 Entry is only open to residents of Australia or New Zealand who are aged 18 years or over and are travelling or have travelled outside of their country of residence, and have used a VISA card while travelling. Employees (including contractor staff) of the Promoter and their Immediate Families, and any of the Promoter's agencies, suppliers or contractors associated with this promotion and their Immediate Families, are ineligible to enter. ("Immediate Family" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.)
3 The Promoter reserves the right, in its sole discretion, but shall not be under any obligation, to verify the validity of any entry or any information provided by an entrant (including his or her age, identity, residential address and any other information relevant to entry into, or participation in, this promotion). If the Promoter, in its sole discretion, carries out any verification, its decision shall be final and you agree not to make any claim or complaint in relation to the same. The Promoter may, in its sole discretion, disqualify any individual who submits an entry that in the sole opinion of the Promoter is not in accordance with these Terms & Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion. Entrants agree and acknowledge that the Promoter shall not be obliged to explain or disclose its reasons for disqualification, and that all disqualification decisions made by the Promoter shall be final and not subject to challenge or inquiry. Entries made with contact details entered incorrectly or not clearly, may be deemed invalid.
4 This promotion commences on 1 April 2016 and ends at 11.59pm (AEST) on 30 June 2016 for Australian residents and 02:00am (NZT) on 1 July 2016 for New Zealand residents ("Promotional Period").
5 To participate in the promotion:
(a) the entrant must create (or have taken prior to participating) an original and creative photograph, video, or other work that characterises a #notatourist travel experience and includes a caption (“Entry”);
(b) the Entry must depict a travel experience outside of their country of residence and so must include a background that identifies or gives context to the location;
(c) the Entry must showcase a travel activity or experience, or the location, that is out of the ordinary, where the traveller is "lost in the moment";
(d) the caption for the Entry must include a travel tip, limited to 40 words or less; and
(e) the Entry must be uploaded to either Instagram or Facebook as described in clause 6.
6 Entrants must have an Instagram or Facebook account to be able to submit their entry. For the avoidance of doubt, Australian-resident entrants can only enter the #notatourist promotion through the Australian Visa social channels described below, and New Zealand-resident entrants can only enter the #notatourist promotion through the New Zealand Visa social channels described below. To participate in the #notatourist promotion, individuals must complete one (1) of the following entry methods:
(a) Instagram Entry:
(i) access and login to their Instagram account. Individuals must ensure that their Instagram account is set to public (not private) in order to be eligible to participate in the promotion;
(ii) become a ‘Follower’ of “@Visa_AU, or @Visa_NZ” (“Visa Australia or New Zealand Instagram Accounts”) (if not an existing Follower of the Visa Australia or New Zealand Instagram Accounts);
(iii) upload their Entry, including the travel tip, “#notatourist” hashtag and mention “@Visa_AU” or “@Visa_NZ” in the caption field. Only entries that contain both “#notatourist” and mention “@Visa_AU” or “@Visa_NZ” will be eligible.
OR
(b) Facebook Entry:
(i) access and login to their Facebook account. Individuals must ensure that their Facebook account is set to public (not private) in order to be eligible to participate in the promotion; and
(ii) upload their Entry, including the travel tip, “#notatourist” hashtag and tag the Visa Australia or New Zealand Facebook Page (/www.facebook.com/VisaAU or www.facebook.com/VisaNewZealand).
7 Each entrant warrants to the Promoter that each Entry submitted is an original creative work of the entrant that does not infringe the rights of any third party. If the images or materials you submit as part of your Entry feature any individuals other than yourself, you must have gained their prior consent (i) to be filmed, photographed or recorded and for you to use their name, likeness, photograph, voice, comments, posts, statements or biographical material (as applicable) included in the Entry as submitted; and (ii) for the Promoter to use that Entry as contemplated by these Terms and Conditions. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
8 Entrants agree that they are fully responsible for any materials they submit as part of the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that tis in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) or the Copyright Act 1994 (NZ) (as applicable) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
9 The Promoter may, but is not required to, screen or monitor Entries, including for compliance with the requirements set out above. The Promoter will make all determinations as to the compliance and appropriateness of Entry submissions in its sole discretion. Entrants irrevocably agree and acknowledge that the Promoter may reject, edit or remove any Entry at any time without notice and without assigning any reason whatsoever.
10 Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the terms in clauses 7 and 8 above.
11 Three winners will be selected at the end of the Promotional Period (selected from all entries received across Australia and New Zealand during the Promotional Period).
12 This promotion is a game of skill and not chance. All entries will be judged individually on their merits based on the creativity of their Entries. The best Entries selected from the pool of all eligible entrants across Australia and New Zealand, as determined by the judges, will receive a Prize. All entrants acknowledge and agree that there is an element of subjectivity in the judging criteria. All decisions by the judges will be final and no correspondence will be entertained. Entrants irrevocably agree not to challenge the results of the promotion or any decision made by the judges.
13 Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by the entrant. The Promoter accepts no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.
14 There is no limit on how many Entries entrants may submit. However, (a) each Entry must be substantially unique; and (b) each Entry must be submitted separately and in accordance with entry requirements. Each entrant is eligible to win a maximum of one Prize.
15 By submitting an Entry, you grant the Promoter, its affiliates and sub-licensees a non-exclusive, an irrevocable, perpetual, royalty-free, worldwide license (“Licence”) to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Entry, in any media now known or hereafter developed, without any payment, compensation or further notification to or permission from you. You agree to be solely liable for your Entries and all content contained in them. Pursuant to the grant of the Licence as aforesaid, for the avoidance of doubt you consent to the Promoter, and anyone acting on behalf of the Promoter, doing any act in accordance with the Licence that would otherwise constitute an infringement of any moral or intellectual property rights that you or any other relevant party may have in your Entry.
16 Entrants consent to the Promoter using their name, likeness, image and/or voice in the event their Entries are selected to be featured in the broader #notatourist campaign at www.travelwithvisa.com.au and www.travelwithvisa.co.nz/ (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
17 There is a total of three (3) prizes of equal value to be won across Australia and New Zealand. The total prize pool is valued at AUD $15,000. Each prize consists of AUD$5,000 on a pre-loaded Visa Prepaid Gift Card (each a "Prize"), awarded in the winner's local currency (either Australian dollars or New Zealand dollars), issued in the name of the winner, that will be valid for 12 months from the date of issue. If the winner is based in New Zealand the amount of the Prize in New Zealand currency will be calculated based on the exchange rate from Australian dollars to New Zealand dollars as applicable on the day that the Promotional Period ends. Any ancillary costs associated with redeeming a Prepaid Visa Gift Card are not included. Prepaid Visa Gift Cards cannot be used to withdraw cash. Any unused balance of a Prepaid Visa Gift card will not be awarded as cash. The use of the Visa Prepaid Gift Card will otherwise be governed by the terms and conditions for the use of these cards, which can be found at https://universalgiftcard.com.au/terms.aspx (Australia) or http://www.prezzycard.co.nz/terms-and-conditions/ (New Zealand)..
18 The description and stated value of each Prize are provided by the supplier and are correct at the time of publication. Notwithstanding the foregoing, the Promoter reserves the full right to substitute any or all Prizes(s) with alternative(s) of equal or greater value.
19 Winners will be notified via the social media network profile through which they submitted their winning Entry, within 5 days of their selection, as follows:
(a) via an Instagram comment on their selected Entry and on the Visa Australia or Visa New Zealand Instagram Account feed (if they enter via Instagram); or
(b) via a Facebook comment and on the Visa Australia or Visa New Zealand Facebook Page (if they enter via Facebook).
20 Winners must email the Promoter within 48 hours of the time that the notification was issued by the Promoter to the winner’s Instagram or Facebook profile. If the Promoter does not receive the winner’s email within 48 hours for any reason, the Promoter has the sole right and discretion (without the need for further notification) to select an alternative winner and the original winner will automatically forfeit the Prize in such an event. If any of the Prizes remain unclaimed or unawarded by 31 December 2016, the Promoter may dispose of those Prizes as it sees fit.
21 Upon receipt of the winner’s email, the Promoter will provide further instructions (via the same email thread) as to prize redemption. Winners must fully comply with all such instructions as a condition to receiving the Prize. Such instructions will include (but not be limited to) the following requirements:
(a) the winner must send a reply email to the Promoter (at the stipulated email address), reaffirming acceptance of the terms and conditions of the promotion (a check box or some other method of affirmation will be provided in Promoter’s email)
(b) the winner must physically and personally attend at Promoter’s representative office to collect the prize, and must produce:
(i) visual verification that he/she is the owner of the Instagram or Facebook account with the winning Entry (such as producing his/her phone for verification);
(ii) original identity documents proving that he/she is an Australian or New Zealand citizen or permanent resident (as applicable) aged 18 years or above (a photocopy will be taken of the documents and retained by the Promoter’s representative for records);
(iii) proof that the winner used a Visa card to withdraw cash or pay for a transaction while in the location featured in the Entry (for example a foreign ATM withdrawal slip or bank statement); and
(iv) any other documents or information that the Promoter may require, as stipulated in the Promoter’s email instructions.
22 A Prize, or any unused portion of a Prize, is not transferable or exchangeable and cannot be taken as cash. All taxes that may be payable as a consequence of receiving a Prize are the sole responsibility of the winner.
23 Any costs associated with entering this promotion or claiming a prize are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).
24 Nothing in these Terms and Conditions limits, excludes or modifies the statutory consumer guarantees provided under the Competition and Consumer Act 2010 (Cth) (Australia), the Consumer Guarantees Act 1993, (New Zealand) or any other implied warranties under any legislation in Australia or New Zealand. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability for any personal injury or any loss or damage, whether direct, indirect, special or consequential, arising in any way out of this promotion, including but not limited to where such injury, loss or damage arises out of:
(a) any technical difficulties or equipment malfunction (whether or not under the control of the Promoter);
(b) any theft, unauthorised access or third party interference;
(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason (whether or not attributable to any fault of the Promoter);
(d) any variation in prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a winner or entrant;
(f) the taking of, or posing for, the Entry;
(g) participation in this promotion; or
(h) a winner taking or using a Prize.
25 To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses or similar events, which affect the proper conduct or administration of this promotion, or prevent the awarding of a prize in accordance with these Terms and Conditions. If such event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.
26 The Promoter is not responsible for any internet traffic congestion or problems with, or technical malfunction of, any telephone networks or lines, computer or online systems, servers, providers, computer equipment or software, including but not limited to any damage to the phone or computer of any entrant or other person related to participation in this promotion.
27 If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to remove any content; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
28 Entry and continued participation in the campaign is dependent on entrants following and acting in accordance with the Instagram Terms of Use which can be viewed at http://instagram.com/legal/terms/, and the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
29 This campaign is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram or Facebook. Neither Instagram nor Facebook will be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the campaign (including taking/use of the prize), except for any liability which cannot be excluded by law.
30 The Promoter collects and holds personal information ("PI") for the purposes of this promotion and for future promotional purposes. It may, for this purpose, disclose such PI to their agency, Proximity New Zealand, 100 College Hill, Auckland, New Zealand. Entry is conditional on providing this PI. All PI provided by entrants will be held by the Promoter in accordance with its Privacy Policy, which can be viewed at http://www.visa.co.nz/index.shtml or http://www.visa.com.au/aboutvisa/privacy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian or New Zealand privacy laws or any other applicable law and how those complaints will be dealt with. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia, including their agency Proximity New Zealand (for a list of the countries, see the Promoter’s Privacy Policy).
31 The laws of Australia apply to this campaign to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
32 The Promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 42, AMP Centre, 50 Bridge Street, Sydney, NSW 2000, telephone (02) 9253 8864.