TERMS & CONDITIONS:
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
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 8800 (“Promoter”).
TERMS & CONDITIONS:
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
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 8800 (“Promoter”).
Entry is only open to Australian residents aged 18 years or over who: (a) have an Australian-issued Visa Card (excluding corporate and purchasing Visa Cards) as at the time of entry and draw (“Visa Card”); (b) are registered for Visa Checkout with that Visa Card as at the time of entry and draw; and (c) are available to travel from Sydney, NSW to the 2016 Olympic Games in Rio de Janeiro, Brazil between 03/08/2016 - 07/08/2016, if drawn as the winner.
Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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 1st cousin.
Promotion commences on 07/04/2016 and final entries close at 11:59pm AEST on 16/05/2016 (“Promotional Period”).
To receive an automatic entry, eligible individuals must, during the Promotional Period, make a purchase (no minimum spend required) from any online retailer that accepts Visa Checkout, (in Australia or overseas) with their Visa Card, using Visa Checkout as the payment method (“Qualifying Transaction”). Incomplete transactions, cash out transactions, or transactions that have been reversed or cancelled within 7 days of being posted to the cardholder’s account will not be eligible.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in that transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Rd, Melbourne, VIC 3004 at 12:00pm AEST on 23/05/2016. Anisimoff may, on behalf of the Promoter, draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
The winners will be notified by email and telephone within two (2) business days of the draw and their names will be published in The Australian on 27/05/2016.
As a condition of accepting a prize, each winner agrees and grants its consent for the Promoter to verify the validity of the winner and their eligibility for the prize directly with the winner’s Visa Card issuing bank.
The Promoter’s decision is final and no correspondence will be entered into.
The first three (3) valid entries drawn will each win a trip for two (2) adults to the 2016 Olympic Games in Rio de Janeiro, Brazil (“Games”) from 03/08/2016 to 07/08/2016, valued at up to AU$32,406.13 depending on point of departure (“Major Prize”). The Major Prize includes:
return economy airfares with LAN Airlines from Sydney, NSW to Rio de Janeiro for two (2) adults;
return economy domestic airfares from winner’s nearest capital city airport to Sydney, NSW (only provided if winner resides outside of NSW). If the winner is from NSW, then the prize does not include domestic airfares and the domestic airfare component of the prize is not redeemable for cash;
four (4) nights twin share accommodation at Winsor Atlantica in Rio de Janeiro for two (2) adults;
daily hotel breakfast for two (2) adults (on a set menu);
select ground transportation for the duration of the trip (exact routes/methods determined by the Promoter);
two (2) Visa Olympic-themed merchandise packs, one (1) for the winner and one (1) for their companion (exact contents determined by the Promoter);
general admission tickets to The Opening Ceremony and a minimum of three (3) Games events for two (2) adults (exact events determined by the Promoter in its absolute discretion);
a tour of Rio de Janeiro for two (2) adults;
access to Visa event team support staff and Portuguese/English/Spanish language support staff for the duration of the trip; and
US$400 Visa Prepaid Card for the winner (valued at AU$556.42 based on the exchange rate of 1 USD = 1.39104 AUD applicable as at 25/02/2016).
The following conditions apply to the Major Prizes: Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point of Sydney, NSW, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the Games in Rio de Janeiro with flights departing Sydney, NSW on 03/08/2016 and departing Rio de Janeiro, Brazil on 07/08/2016 and is subject to booking and flight availability. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
The fourth valid entry drawn will win a trip for two (2) adults to the Games from [11/08/2016] to [15/08/2016], valued at up to AU$28,062.66 depending on point of departure (“Minor Prize”). The Minor Prize includes:
return economy airfares with LAN Airlines from Sydney, NSW to Rio de Janeiro for two (2) adults;
return economy domestic airfares from winner’s nearest capital city airport to Sydney, NSW (only provided if winner resides outside of NSW). If the winner is from NSW, then the prize does not include domestic airfares and the domestic airfare component of the prize is not redeemable for cash;
four (4) nights twin share accommodation at Winsor Atlantica in Rio de Janeiro for two (2) adults;
daily hotel breakfast for two (2) adults (on a set menu);
select ground transportation for the duration of the trip (exact routes/methods determined by the Promoter);
two (2) Visa Olympic-themed merchandise packs, one (1) for the winner and one (1) for their companion (exact contents determined by the Promoter);
general admission tickets to a minimum of four (4) Games events for two (2) adults (exact events determined by the Promoter in its absolute discretion);
a tour of Rio de Janeiro for two (2) adults;
access to Visa event team support staff and Portuguese/English/Spanish language support staff for the duration of the trip; and
US$400 Visa Prepaid Card for the winner (valued at AU$556.42 based on the exchange rate of 1 USD = 1.39104 AUD applicable as at 25/02/2016).
The following conditions apply to the Minor Prize: Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point of Sydney, NSW, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the Games in Rio de Janeiro with flights departing Sydney, NSW on [11/08/2016] and departing Rio de Janeiro, Brazil on [15/08/2016] and is subject to booking and flight availability. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
The Promoter is under no circumstances liable to any entrant, winner or any third party (whether for damages, loss, refund, alternative prizing or otherwise) for:
any cancellation, suspension, delay or postponement the Games (or any part thereof) for any reason, and
any failure, inability or unwillingness by a winner to attend the Games or enjoy the benefit of the prize for any reason that is not due to a fault of the Promoter (including without limitation any travel ban or health/travel warnings)
Tickets to the Games, whether awarded as a prize and/or are included as part of a promotion, must be accepted as awarded and are subject to all of the applicable terms and conditions prescribed to such tickets from time to time by the Rio Organizing Committee for the 2016 Olympic Summer Games (ROCOG). Such terms and conditions are contained in the Ticket License Agreement (which can be reviewed at www.tickets.rio2016.com/purchaseterms.html, on the back of the physical ticket (once issued) and include prohibitions against any use of the ticket in connection with any commercial promotion or contest (without the consent of ROCOG) and the unauthorized sale of the ticket in excess of face value of the ticket. By accepting tickets as a prize and/or as part of a promotion, the holder is deemed to have accepted all of the applicable terms and conditions
Any ancillary costs associated with redeeming the Visa Prepaid Card are not included. Any unused balance of the Visa Prepaid Card will not be awarded as cash. Redemption of the Visa Prepaid Card is subject to any terms and conditions of the issuer including those specified on the Visa Prepaid Card.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. For the avoidance of doubt, the Promoter will not provide any substitute for a prize if the event to which the Games are cancelled, suspended, delayed or postponed, or if the winner is not able to, fails to, or is unwilling to travel to the relevant event destination for any reason not due to the fault of the Promoter (including without limitation any travel ban or health/travel warnings). All travel is at the winner’s own risk.
Total prize pool value is up to AU$125,761.14.
The prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
If any prize(s) remains unclaimed by 11:00am AEST on 22/07/2016, a re-draw will take place at 12:00pm AEST on 22/07/2016 at the same place as the original draw, subject to any directions from a regulatory authority. The winner(s), if any, will be notified by email and telephone within two (2) business days of the draw and their name(s) will be published in The Australian on 29/07/2016.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.
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 disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (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 their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the Games event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in a prize.
As a condition of accepting a prize, each winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
The Promoter collects personal information ("PI") in order to conduct its business and the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://visa.com.au/index.shtml. 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 privacy laws or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose entrants’ PI to entitles outside of Australia (see Promoter’s Privacy Policy for details).
NSW Permit No. LTPS/16/01941, ACT Permit No. TP16/00482, SA Permit No. T16/409
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