General
1. The above Particulars and information on how to enter and prizes forms part of the
terms of entry. Entry into the Promotion is deemed acceptance of these terms and
General
1. The above Particulars and information on how to enter and prizes forms part of the
terms of entry. Entry into the Promotion is deemed acceptance of these terms and
conditions. If there is any inconsistency between these terms and conditions and
anything else that refers to this Promotion, these terms and conditions prevail.
Who can enter?2. Entry is open to all persons who meet the eligibility requirements set out in the
Particulars except that directors, contractors and employees (and immediate families) of
the Promoter and of companies, suppliers and agencies associated with the Promotion
including of any prize provider are not eligible to enter the Promotion. Eligibility
requirements must be met at the time of entry and at the time of determining prize
winners.
3. The Promoter reserves the right at its sole discretion to request winners to provide proof
of identity, proof of residency at the nominated prize delivery address and/or proof of
entry validity or proof of registration ownership in order to claim a prize. If a winner
cannot provide suitable proof, the winner will forfeit the prize in whole and no
substitute will be offered.
When to enter
4. Promotion opens and closes as set out in the Particulars (Promotion Period). Entries
must be received by the Promoter in the Promotion Period.
5. All entries are deemed received at the time of receipt by the Promoter not at the time of
transmission by the entrant.
6. Promoter accepts no responsibility for any late, lost misdirected, delayed, ineligible,
incomplete or corrupted entries or delays in the delivery of entries due to technical
disruptions, network congestion or for any other reason. SMS entries via the internet or
computer generation and not attributable to a valid mobile phone account are invalid
and will not be accepted.
How to enter
7. How to enter details are as set out in the Particulars.
8. Entrants must not:
(a) tamper with the entry process;
(b) engage in any unlawful or other improper misconduct calculated to jeopardise
the fair and proper conduct of the Promotion
(c) submit an entry that is not in accordance with these terms and conditions;
(d) use multiple email addresses, postal addresses, PO Box addresses or SIM cards
to register multiple qualifying purchases or use any form of software or thirdparty application to enter multiple times (including scripting software) except
where expressly permitted in these terms and conditions;
(e) use a third party (including online competition entry site) to enter on their
behalf, except where the entrant needs to use those services of that third party
to enter due to a disability; or
(f) engage in conduct in entering the Promotion which, in the opinion of Promoter,
is fraudulent, misleading, deceptive or generally damaging to the goodwill or
reputation of the Promotion and/or Promoter.
If an entrant is found to have breached these terms and conditions including this clause,
the entrant will be disqualified so that they will have all their entries invalidated, any
claim to any prize will be invalidated and where such an entrant has already been
awarded a prize before being found to have breached these terms and conditions, the
entrant must immediately return any awarded prize to the Promoter.
9. The Promoter has sole discretion to determine if these terms and conditions have been
breached by any entrant. The Promoter reserves the right to request whatever
documentation it deems necessary to confirm or deny its suspicions in this regard and
any failure to provide such requested documentation to the Promoter on request gives
Promoter the right to disqualify the entrant. The Promoter’s legal rights to recover
damages or other compensation from any offender are reserved.
Number of Entries permitted
10. Only one entry is permitted per person
Draw and Notification of winner
11. The winner/s will be the valid entry/ies submitted in accordance with these terms and
conditions that is/are drawn as winning entries in accordance with the Particulars.
12. If any particular draw is scheduled on a public holiday, the draw will be conducted on
the following business day.
13. The Promoter’s decision is final, and the Promoter will not enter into correspondence
regarding the competition result or any other decisions the Promoter makes in
connection with the Promotion.
14. The winner/s will be notified by telephone or email within two days of the draw.
Winner/s of prizes will be published using their first initial, surname and postcode on the
Winner notification website set out in the Particulars approximately 24 hours after the
draw and will remain on the website for a minimum of 30 days or published in the
winner publication newspaper (as set out in the Particulars) within 5 days after the draw.
15. Prizes will be awarded to the person/s named in the winning entry/ies. However, in a
dispute, will be awarded to the account holder of the entry mechanism used to submit
their entry (i.e. mobile phone account holder or land line account holder).
16. If an entrant’s contact details change during the Promotion Period, entrant must notify
the Promoter. A request to access or modify any information provided in an entry should
be sent to the Promoter.
17. Subject to State Regulation, an unclaimed prize draw will take place as set out in the
Particulars. The winner/s of the unclaimed prize draw will be notified by telephone or
email within two days of that draw. Winner/s of prizes valued over $250 will be
published on www.news.com.au newspaper within 14 days of the draw.
Prize on offer
18. Prizes are as set out in the Particulars.
19. Unless otherwise expressly stated, prize values are based on the recommended retail
prices at the time of first publication of these terms and conditions (inclusive of GST).
The Promoter accepts no responsibility for change in prize value between now and the
ultimate prize redemption date.
20. Independent financial advice should be sought as tax implications may arise as a result
of accepting the prize.
21. Prizes cannot be transferred, exchanged or redeemed for cash.
22. It is a condition of accepting the prize that the winner must comply with all the
conditions of use of the prize and the prize supplier’s requirements. It is the
responsibility of the winner to confirm such conditions with the prize supplier or other
relevant third parties.
23. It is a condition of accepting the prize that the winner/s may be required to sign a legal
release in a form determined by the Promoter in its absolute discretion.
24. All entrants agree that if they win the prize, they will not, and their companions will not,
sell or otherwise provide their story and/or photographs in relation to the taking of the
prize, to any media or other organisation, without the Promoter’s prior written consent.
Photographs will be allowed to be taken only at the discretion of the Promoter and the
prize provider.
25. If the Particulars specify a time/date by which a Prize must be taken, then if a winner
does not take the prize by that stipulated time/date, then the entire prize will be
forfeited by the winner and cash will not be awarded in lieu of the prize.
Prize clauses
26. Prize has no cash alternative, is non-transferable and non-refundable.
27. Where the prize involves driving, travel or participation in an event, winners or any
companions under 18 years of age must be accompanied by their parent or legal
guardian at all times.
28. The Promoter and Prize Provider is not responsible for any acts outside of its control
including without limitation, acts of god, such as adverse weather conditions or
industrial action or civil commotion that may take place or the impact or effect of any
pandemic or epidemic.
29. The winner/s (and their companion/s) is/are responsible for all other expenses including
spending money, meals (unless specified), drinks, transfers (unless specified), laundry
charges, activities (unless specified), incidentals, taxes (excluding departure and any
other flight associated taxes included within the prize), energy surcharges, gratuities,
services charges, passports, visas, travel insurance and all other ancillary costs. Travel
insurance is highly recommended to protect against the additional costs incurred in the
event of unforeseen circumstances. Each winner is responsible for ensuring that they
and their travelling companion(s) are fit to travel and have received appropriate
immunisations and/or health checks prior to taking the prize.
30. The winner/s and travelling companions must travel at the same time, must depart from
the same capital city and are responsible for transport from their residence to their
nearest capital city for flight departure (Sydney, Melbourne, Brisbane, Adelaide or
Perth). (If a winner is from Tasmania, ACT or NT connecting flights from these cities to
the nearest flight departure capital city will be included in the prize package for the
winner and travelling companion only – if applicable).
31. The prize must be taken by the expiry date outlined in the Particulars and is subject to
hotel and flight availability. The prize is not available during peak times such as USA or
Australian public holidays and school holidays (if applicable), or during period 12
December 2022 to 27 January 2023. Not valid 1 April 2023 – 16 April 2023. Prize cannot
be changed once the booking has been made. Air tickets are available on the regular
scheduled services of each airline and are subject to seasonal embargos. Flight itinerary
may have to be adjusted depending on the airline’s departure city and their current
flight schedule. Frequent Flyer points are not available from any airline.
32. All elements are subject to availability at time of booking.
33. Accommodation is based on two (2) people sharing one (1) room.
34. A credit card imprint or cash deposit may be required from a winner at check-in to the
hotel, for all incidental charges. Once accommodation vouchers are issued, they are nonchangeable.
35. Tickets are non-transferable (i.e. no name changes allowed). Once tickets are issued,
they are non-endorsable and non-transferable. Any alterations to confirmed flights
and/or accommodation details will be at the expense of the winner. All components of
the Prize must be fulfilled at the same time and they cannot be split across different
time periods. Any changes by the winner made to the specified prize package (including
travel extensions, additional guests, etc) will be subject to an administration fee of $250
excluding GST, which must be settled in full prior to booking confirmation.
36. Individual supplier terms and conditions apply. Once the Prize has been arranged, any
changes to the travel, flights, accommodation or scheduling arrangements are at the
expense of the Winner and their travelling companions.
37. Flights are economy class and may be indirect. The airline’s Conditions of Carriage apply
to all flights. The Winner and travelling companions must travel at the same time and
are responsible for transport from their residence to their nearest Capital City Airport in
Australia. The winner and their travelling companions will responsible for making their
way to and from their departing Australian airport.
38. Airline, flight route and dates of travel are subject to the promoter’s absolute and final
decision.
39. Winners and guest travel at their own risk and, if for any reason any aspect of this
promotion is not capable of running as planned, including war, terrorism, state of
emergency, pandemic, or any other kind of disaster, tampering or computer virus, the
Promoter reserves the right to cancel, terminate, modify or suspend the promotion or
suspend, substitute or modify a prize, subject to any written directions from a relevant
regulatory authority.
40. A winner and their travel companion are responsible for complying with health and any
other government requirements that may apply to the prize. All prize travel will be
subject to the carrier’s General Conditions of Carriage. It is the traveller’s personal
responsibility to ensure that they have valid travel documentation, including valid
passports and visas, which meet the requirements of government authorities at the
relevant destinations. Any fines, penalties, payments or expenditures incurred as a result
of such documents not meeting the requirements of those authorities will be the sole
responsibility of the traveller/s. The Promoter makes no representation as to the safety,
conditions or other issues that may exist at any destination. Entrants should obtain
travel advice from independent sources, such as the web site of the Australian
Department of Foreign Affairs and Trade.
41. If the Winner and guest are visiting USA for less than 90 days, they may be eligible for
the Electronic System for Travel Authorisation (ESTA) and be able to enter under the Visa
Waiver Program. If not eligible, Winner and/or guest will need a visa. Each traveller,
including children, must have their own ESTA and visa waiver, or visa.
42. Winner must obtain their own travel insurance and proof of insurance be provided
before tickets are issued.
43. Winners must follow any Covid-19 conditions and restrictions which may apply, but not
limited to, travel, hotel and events. Winner and guests must adhere to USA conditions
and restrictions at the time of travel. This may include, but not limited to, mask wearing
and Proof of Vaccination Certificate Presentation.
44. Each winner acknowledges and accepts that activities that form part of the prize are
inherently dangerous and may result in death, injury, incapacity, damage to property or
other losses. The winners are required to be physically fit. This expedition/prize is not
suitable for anyone who suffers from a respiratory disorder, circulatory ailment, or
physical disability that limits mobility.
By entering this Promotion, entrants accept and acknowledge full responsibility for their
decision to participate in this should they be chosen as winners. The winners release the
Promoter and other organisers, their related bodies corporate, affiliates, officers, agents
and employees, from all liabilities, loss and damage of any kind arising at any time out of
or in connection with the acceptance of, and participation in, the prize. Without limiting
the foregoing, the released parties will not be liable for any injury, sickness or death,
property loss or damage or other direct or indirect loss or damage of any kind,
howsoever sustained or incurred, in connection with or arising out of the Zipline swamp
tour or sightseeing helicopter tour or any other aspect of the prize. The winner
acknowledges that they have been warned that there is a possibility of an accident
causing injury, death or property damage in accepting the prize and that he or she may
be excluded from participation in the prize if the Promoter or other organisers consider
that he or she is not fit to participate.
45. The winner/s must comply with all the nominated car hire company agreements at the
time of the hire. To drive in the US, an International Driving Permit (IDP) is required.
Driver must be aged 21 or over with full clean (which is not under suspension or
cancellation) licence. If Winner or guest(s) are unable to drive then this part of the prize
will be replaced with $1000. In the event that the vehicle is involved in an accident or
damaged in anyway, an Accident/Damage Report in the form required by the nominated
car hire company must be completed and forwarded to the nominated car hire company
dealer that the vehicle was collected from within 24 hours of the damage occurring.
Repairs to the vehicle are not to be undertaken without the written consent of the
nominated car hire company or its appointed assessor.
46. The nominated car hire company retains the title to the vehicle and a winner must not
purport to sell, pledge, mortgage, lend, transfer, or in any way encumber the vehicle. All
costs relating to insurance, registration, service, repairs, etc, of the vehicle will be borne
by the nominated car hire company except for the following items which a winner will
be responsible for including but not limited to any negligent act performed by the driver
or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle
should the winner (or driver) be intoxicated or under the influence of medication or
drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic
infringements whilst the vehicle is in the custody and control of the winner (or
nominated driver).
The winner is to return the car to the nominated car hire company immediately upon
completion of the six (6) day rental period and if a winner fails to do this, the nominated
car hire company is irrevocably authorised to enter any premises in which they believe
the vehicle to be situated and take possession of and remove the vehicle.
47. In order to receive any cash prizes, the name provided by the entrant in their entry must
be the same as the name of an eligible bank account into which a cheque can be
deposited. If a winning entry does not contain this information, then the Promoter may
not be able to distribute the prize to the winner.
Further Terms and Conditions
48. If for any reason this Promotion is not capable of running as planned, including (without
limitation) due to infection by computer virus, bugs, tampering, unauthorised
intervention, fraud, technical failures or any causes beyond the control of the Promoter,
including but not limited to vandalism, power failures, tempests, natural disasters, acts
of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic, or public health
order, the Promoter reserves the right in its sole discretion to take any action that may
be available, and (without limitation) to cancel, terminate, modify or suspend the
competition, subject to any direction given under State Regulation.
49. If the prize is unavailable, for whatever reason including (without limitation) due to
causes beyond the control of the Promoter, including but not limited to natural
disasters, acts of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic, or
public health order, the Promoter reserves the right to substitute the prize for a prize of
equal or greater value, subject to State and Territory legislation. It is a condition of
accepting the prize that a winner must comply with all the conditions of use of the prize
and prize supplier’s requirements. Each prize must be taken as stated and no
compensation will be payable if a winner is unable to use the prize as stated.
50. Without limiting the previous clause, if the prize includes attendance at an event which
is cancelled for any reason beyond the control of the Promoter, including due to
pandemic, epidemic, public health order or illness of a performer, the Promoter reserves
the right to take action under either of the previous two clauses.
51. In consideration of the Promoter awarding the prize to each winner, each winner
permits the winner’s submission, image and/or voice, as recorded, photographed or
filmed during the winner’s participation in the prize to appear in connection with the
Promoter or any of its related bodies corporate or the goods and services of any of them
or the advertising or marketing of any of them, in any media whatsoever throughout the
world and the winner will not be entitled to any fee.
Limitation of Liability
52. The Promoter does not exclude any rights and remedies in respect of goods or services
under the Australian Consumer Law in the Competition and Consumer Act (2010)
(Australian Consumer Law) which cannot be excluded, restricted or modified. However,
the remainder of this clause will apply to the fullest extent permitted by law and the
Promoter shall not be liable for any loss or damage whatsoever which is suffered
(including but not limited to indirect or consequential loss) or for any personal injury
suffered or sustained in connection with any prize/s (including without limitation due to
attendance at an event or travel undertaken when there is any current health warning,
epidemic or pandemic declared which would apply to or could be considered to impact,
effect or apply to the relevant event or travel) except for any liability which cannot be
excluded by law.
53. The Promoter is not responsible for any incorrect or inaccurate information, either
caused by entrant or for any of the equipment or programming associated with or
utilised in this competition, or for any technical error, or any combination thereof that
may occur in the course of the administration of this competition including any
omission, interruption, deletion, defect, delay in operation or transmission,
communications line or telephone, mobile or satellite network failure, theft or
destruction or unauthorised access to or alteration of entries.
Entry details and privacy
54. The Promoter is collecting the entrant's personal information for the purpose of
conducting this competition (including but not limited to determining the winner). If you
are not willing for this to occur, you cannot participate in the promotion].
55. The Promoter collects information about entrants, including for example their name and
contact details which are provided when entering this competition and when registering
or using Promoter’s services and may also collect information from data houses, social
media services, Promoter’s affiliates. The Promoter collects and uses that information
to run this competition, to provide entrants with Promoter’s goods and services, to
promote and improve its goods and services, to provide entrants with targeted
advertising based on their online activities, for the purposes described in the Promoter’s
Privacy Policy and for any other purposes that were described at the time of collection.
The Promoter may disclose entrants’ information to its related companies, including
those located outside Australia. Any of those companies may contact entrants for those
purposes (including by email and SMS) at any time. The Promoter may also disclose
entrants’ information to its service and content providers, including those located
outside Australia. If entrants do not provide the Promoter with requested information,
it may not be able to provide entrants with the competition goods and services. The
Promoter may disclose entrants’ personal information to authorities if they are a prize
winner or otherwise as required by law. Further information about how the Promoter
handles personal information, how entrants can complain about a breach of the
Australian Privacy Principles, how the Promoter will deal with a complaint of that
nature, how entrants can access or seek correction of their personal information and the
Promoter’s contact details can be found in the Promoter’s Privacy Policy at
https://preferences.news.com.au/privacy.
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