Win 1 of 3 Whitsundays Holidays for 2

Entry into the Promotion
1 The Schedule above and all other entry instructions and prize information published by the
Promoter form part of these Terms and Conditions. Each Entrant agrees and acknowledges that
they have read these Terms and Conditions (and Schedule) and that entry into the Promotion
constitutes acceptance of these Terms and Conditions (and Schedule). All capitalised terms
used in these Terms and Conditions have the meaning given in the Schedule, unless stated or
as the context otherwise provides.
2 Entry is not open to:
a) directors, management, employees, officers and contractors of:
i. the Promoter,
ii. the Promotion Sponsor,
iii. the Prize Supplier/s,
iv. any related bodies corporate of the Promoter, the Promotion Sponsor and the Prize
Supplier/s, and
v. the agencies and companies associated with the Promoter or the Promotion; and
b) a spouse, de facto spouse, partner, guardian, parent, child or sibling (whether natural or by
marriage or adoption) of any person set out in clause 2a).
3 Entries must be received by the Promoter during the Promotional Period. All entries are deemed
to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant.
Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
4 Entrants may submit entries up to the Maximum Entries. If multiple entries are permitted, each
entry must be submitted separately and each answer to the promotional question (if applicable)
must be unique.
5 Any and all entries that are made using any automated entry means, computer entry service or
any other mechanical or electronic means that allows an individual to automatically enter
repeatedly are invalid and will be rejected by the Promoter.
6 Entry into the Promotion via social media, promotional website or email is free. However, any
costs associated with accessing the relevant social media platform, promotional website or email
service are the responsibility of each Entrant and dependent on the internet service provider
used.
7 All entries to the Promotion may be subject to verification by the Promoter. Entrants must, within
seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and
copy any documents that the Promoter may request establishing eligibility to enter the
Promotion, including but not limited to receipts, evidence of age, residence and identity. The
Promoter may decide in its sole discretion which documents are considered suitable for
establishing eligibility to enter or win. If a Winner cannot provide suitable proof of eligibility to the
Promoter’s satisfaction, they forfeit their Prize in whole and no substitute or compensation will be
offered.
8 The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be
invalid if the Entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by these Terms and Conditions or produces items that
appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in
any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the
entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions; or
e) has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is
fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the
Promotion or Promoter.
Entry material
9 Entries must be submitted in accordance with the Entry Method and must not be: incomplete;
incomprehensible; unlawful or capable of violating any law or giving rise to a civil action;
obscene; defamatory or libellous; threatening or harassing; pornographic or contain nudity;
hateful; offensive; incite or be capable of encouraging conduct that would be considered a
criminal offence; and in violation of the terms and conditions of the relevant social media
platform used to enter the Promotion.
10 Entrants warrant that their entry is their own original work, it is not copied in any manner from
any other work, and it does not infringe the copyright, moral rights, trade mark rights or any other
rights of any third party.
11 All entries immediately become and remain the property of the Promoter. The Promoter reserves
the right to use, reproduce, distribute, prepare derivative works of and display the entry material
(and authorise others to do the same) for the purposes of conducting and promoting the
Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion
and/or future promotions on all media now known or later devised, in perpetuity.
12 By entering the Promotion, Entrants consent to any use of their entry by the Promoter which may
otherwise infringe an Entrant’s moral rights in the entry material, including (without limitation),
exercising any of the rights in the entry material without identifying the Entrant, and using the
entry material in any way that the Promoter sees fit, even if it results in derogatory treatment of
the entry material (as defined in the Copyright Act1968 (Cth)).
13 Each Entrant warrants that:
a) they have the full power and capacity to grant the rights, warranties and consents set out in
these Terms and Conditions;
b) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
i. if any of the warranties given by the Entrant are false;
ii. as a result of any breach of clauses 9 and 10 of these Terms and Conditions by the
Entrant; and
c) they have express consent from each person appearing in the entry material (or if a person
appearing in the entry material is under the age of 18 from that person’s parent or legal
guardian) and the owner of any private property (including any items, objects or real
property) appearing in the entry material.
Winners
14 The Number of Winners will be determined from all valid and eligible entries received during the
Promotional Period in accordance with the Winner Determination. The Winner/s will receive the
Prize/s.
15 The Winner/s will be notified in accordance with the Winner Notification.
16 All reasonable attempts will be made to contact the Winner/s. If a Prize is:
a) not claimed by the Winner by the Unclaimed Prize Date; or
b) forfeited for any reason,
that Prize will be awarded to the next best entry.
General prize terms
17 All Prize values are correct and based on the recommended retail value at the Start Date of the
Promotion.
18 If a Prize or any part of a Prize is unavailable for any reason, the Promoter will, in its absolute
discretion, substitute the Prize with another item of no lesser retail value.
19 Unless expressly stated as being included in the Prize/s, all other costs and expenses
associated with taking the Prize/s become the responsibility of Winner/s and their guest/s,
including but not limited to:
a) taxes (excluding departure and any other flight-associated taxes, where flights are included
in the Prize);
b) costs associated with inoculations, passports and/or visa applications;
c) transfers;
d) travel insurance;
e) spending money;
f) meals;
g) transport to/from an airport departure or return point;
h) any extra sightseeing or activities; and
i) all other incidental and ancillary costs incurred by Winner/s and/or their guest/s as a direct
or indirect result of taking the Prize.
20 Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms
and Conditions, cannot be taken as a monetary payment.
21 Prizes may be transferred at the Promoter’s sole discretion. If the Promoter exercises its
discretion to allow a Winner to transfer their Prize, the transfer will be on the condition that the
transferee accepts these Terms and Conditions and the Promoter may require such acceptance
in writing at its absolute discretion.
22 All aspects of a Prize must be taken together as a package. If for any reason a Winner does not
(or is unable to) take their Prize or an element of their Prize at the time stipulated by the
Promoter, they forfeit their Prize or that element of their Prize and no compensation or substitute
will be offered.
23 Prizes may not, without the prior written consent of the Prize Supplier/s and the Promoter, be
resold or offered for resale at a premium (including via online auction sites) or used for
advertising, promotion or other commercial purposes (including competitions and trade
promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in
breach of this condition, the Promoter or the Prize Supplier/s may, at their absolute discretion,
withdraw the Prize. Where a Prize has been withdrawn in accordance with this clause, no
refund, substitute or compensation will be offered and the Winner and any person who has
purchased or otherwise bears that ticket will be refused entry.
24 Winner/s should seek independent financial advice at the Winner’s sole expense regarding any
tax implications relating to the Prize/s or acceptance of the Prize/s.
25 Prizes cannot be used in conjunction with any other discounts or special offers.
26 Each Prize will be awarded to the person named in the winning entry as judged in accordance
with the Winner Determination.
27 Each Prize will be awarded in the Promoter’s sole discretion. The Promoter may invalidate any
prize claim where the Winner has breached these Terms and Conditions or otherwise failed to
comply with any requirement under these Terms and Conditions.
28 It is a condition of accepting the Prize/s that the Winner/s must sign a legal release or releases
in a form determined by the Promoter, Prize Supplier/s and/or the Promotion Sponsor in their
absolute discretion.
29 Voucher prizes are only valid for the period as advised by the Promoter or Prize Supplier/s and
can only be redeemed in accordance with the Prize Supplier’s terms and conditions.
Publicity
30 By accepting a Prize, Winner/s agree that:
a) if requested by the Promoter, the Winner/s will:
i. provide comments about the Promotion and/or a photo or audio-visual clip of
themselves; and
ii. participate in any promotional activity in connection with the Promotion or the Prize;
b) the Promoter may use their name, image, comments, photographs or audio-visual clips
(Materials) for publicity and promotional purposes in any form of media, without reference
or compensation to the Winner/s or any other person;
c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any
time in any form of media;
d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to
others to do the same; and
e) the Winner/s unconditionally and irrevocably consent to any act or omission that would
otherwise infringe any of their moral rights in the Materials and waive all moral rights in the
Materials.
Use of social media
31 The following terms apply to the extent that the Promotion is conducted on, advertised or
promoted on a social media platform owned by a third party (Platform Operator):
a) each Entrant acknowledges and agrees that the Promotion is in no way sponsored,
endorsed or administered by, or associated with, any Platform Operator.
b) each Entrant releases each Platform Operator and its associated companies from all
liabilities arising in respect of the Promotion;
c) to the extent relevant to the Promotion, the Promoter agrees and each Entrant must agree
to adhere to the prevailing terms and conditions of each Platform Operator;
d) Entrants understand that they are providing their information to the Promoter and not to the
Platform Operator;
e) Entrants are solely responsible and liable for any content or information they transmit to
other users of the Platform Operator; and
f) any questions, comments or complaints about the Promotion must be directed to the
Promoter not the Platform Operator.
Limitation of liability
32 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, as well as any other implied warranties under the Australian Securities and
Investments Commission Act 2001 or similar State and Territory consumer protection laws
(Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including
the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and
those agencies and companies associated with or involved in the Promotion (including each of
their respective directors, officers, employees, servants, contractors and agents past and
present) exclude all liability (including negligence), for any personal injury or death; or any loss
or damage; whether direct, indirect, special or consequential (including loss of opportunity and
loss of profit), arising in any way out of the Promotion or the Prize/s.
33 Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter, its associated agencies and companies and those agencies and
companies associated with or involved in the Promotion (including each of their respective
directors, officers, employees, servants, contractors and agents past and present) is not
responsible for and excludes all liability (including negligence), for any personal injury or death;
or any loss or damage; whether direct, indirect, special or consequential (including loss of
opportunity and loss of profit), arising in any way out of:
a) any technical difficulties or equipment malfunction (whether under the Promoter's control);
b) any incorrect or inaccurate information, caused either by users, by any of the equipment or
programming associated with or used in connection with the Promotion, or by any technical
error that may occur in the course of the Promotion;
c) any delays or failures in any telecommunications services or equipment;
d) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft,
destruction, unauthorised access or third party interference;
e) any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed,
illegible, corrupted, altered, damaged or misdirected (whether after their receipt by the
Promoter) due to any reason beyond the reasonable control of the Promoter;
f) any variation in Prize value to that stated in these Terms and Conditions;
g) any tax liability incurred by a Winner or Entrant;
h) if a Prize or any part of a Prize is unavailable for any reason; or
i) use of the Prize/s.
34 If a Prize is to be delivered directly to a Winner by a third party supplier, the Promoter accepts no
responsibility or liability for any delay or failure by the third party to deliver the Prize, any loss or
damage to the Prize, any delay or failure relating to the Prize itself or failure by the third party
supplier to meet any obligations in these Terms and Conditions or otherwise.
General
35 The Promoter reserves the right to take any action necessary in its sole discretion at any time.
36 If there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is
final and binding on each Entrant and no correspondence will be entered into.
37 Prize/s and participation in this Promotion may be subject to additional terms and conditions
imposed by third parties. Entrants and Winners must comply with any such additional terms and
conditions. The Promoter does not accept any responsibility and is not liable for any additional
conditions imposed on the taking of a Prize or participation in the Promotion. The terms and
conditions which apply to a Prize at the time it is issued to a Winner will prevail over these Terms
and Conditions, to the extent of any inconsistency.
38 If for any reason any aspect of this Promotion is not capable of running as planned, including,
without limitation, by reason of computer virus, communications network failure, bugs,
tampering, unauthorised intervention, fraud, technical failure, acts of God, civil unrest, strike,
war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter
reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion
and invalidate any affected entries, or suspend or modify a Prize, subject, where relevant, to any
direction given under the relevant State/Territory permit regulations.
39 Any attempt to cause damage to any website or the information on any website associated with
this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may
be a violation of criminal and civil laws. The Promoter and the Prize Supplier/s reserve the right
to seek damages in the fullest extent permitted by law if any such attempt is made, whether that
attempt results in any such damage, interference or undermining.
40 These Terms and Conditions are governed by the laws of New South Wales and each of the
relevant State authorities.
41 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
those rights.
42 These Terms and Conditions and the Schedule constitute the entire terms and conditions
between each Entrant and the Promoter with respect to the Promotion. The Promoter may alter,
modify, or amend these Terms and Conditions and the Schedule, subject, where relevant, to the
approval of the authorities that have issued permits or authorities for the conduct of the
Promotion.
Privacy
43 The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1998. The
Promoter will collect Entrants' personal information in connection with this Promotion and will
use and handle the personal information in accordance with these Terms and Conditions and
the Promoter’s Privacy Policy at https://nine.com.au/privacy. The Promoter’s Privacy Policy
contains information regarding:
a) how Entrants may access or correct any of their personal information collected by the
Promoter; and
b) how Entrants may lodge a complaint with the Promoter for a breach of any Australian
Privacy Principle (APP) or APP code, and how the Promoter will action such complaint.
44 If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information of an
Entrant for marketing purposes if the Entrant has given their consent to be contacted by the
Promotion Sponsor.