By entering this competition, and by attempting to do so, each entrant agrees to be bound by these Terms and Conditions, and expressly gives the consents referred to in these Terms and Conditions. Any person who attempts to enter this competition shall be referred to in these Terms and Conditions as an “entrant”, irrespective of whether any competition entry is accepted by the Promoter.
The above table forms part of these Terms and Conditions and contains details concerning when, who and how to enter; the time, place & method of prize selection; prize details; and who the promoter is and any permit details required, if any.
The Promoter, its associated agencies and companies, and officeholders, management, employees and contractors of the Promoter and its associated agencies and companies and the immediate families of such employees are ineligible to win any prize.
By entering this competition, and by attempting to do so, each entrant agrees to be bound by these Terms and Conditions, and expressly gives the consents referred to in these Terms and Conditions. Any person who attempts to enter this competition shall be referred to in these Terms and Conditions as an “entrant”, irrespective of whether any competition entry is accepted by the Promoter.
The above table forms part of these Terms and Conditions and contains details concerning when, who and how to enter; the time, place & method of prize selection; prize details; and who the promoter is and any permit details required, if any.
The Promoter, its associated agencies and companies, and officeholders, management, employees and contractors of the Promoter and its associated agencies and companies and the immediate families of such employees are ineligible to win any prize.
The Promoter’s decisions in relation to any aspect of this competition (including in relation to prize selections) is final and binding on each person who enters this competition, and no correspondence will be entered into with any person. Inaccurate, fraudulent, or falsified entries or failure to comply with these Terms and Conditions may result in disqualifications or forfeiture of the prize at the sole discretion of the Promoter and Hawaiian Airlines.
Odds of winning are dependent upon the number of eligible entries received. The potential winner will be notified, where possible, by telephone on the day of the winner selection, and where not, as soon as practicable within two business days and in no event no more than five business days after the date of the winner selection.
The winner/s consents to their name, town/suburb of residence and a photo being published by the Promoter including, but not limited to, being published on the Promoter’s or Prize Promoters Internet site, social media pages, in their stores and in marketing material for an unlimited time and without remuneration as a condition of acceptance of the prize. Further information will be published only with the permission of the winner.
The prize/s cannot be exchanged for any other prize and cannot be exchanged or redeemed for cash. Prize/s are not changeable or exchangeable. Any images associated with the prize/s are for promotional purposes only. Prizes comprising gift cards/vouchers are subject to any terms and conditions related to those gift cards/vouchers and might have an expiry date or redemption conditions such as a requirement that the entire voucher must be redeemed in one transaction or the remaining sum will be forfeited.
All other costs not included in the prize package are the winner’s responsibility. These include without limitation, costs relating to passports, visas, government levies, ground transport, travel insurance, meals, beverages, spending money, additional taxes and fees, all insurance, additional transfers, items of a personal nature (including but not limited to additional room charges such as pay per view movies, laundry, room service, mini-bar, telephone calls), gratuities, any upgrades, pre-flight or inflight purchases or additional nights and all other ancillary costs.
The winner and each of their companions are solely responsible for ensuring that they have the appropriate travel documentation. It is the sole responsibility of the winner to enquire about local issues and conditions at destinations prior to travel. The Promoter and Hawaiian Airlines makes no representation as to the safety, conditions or other issues that may exist at any destination. The Promoter strongly recommends the winner obtains (at the winner’s own cost) travel insurance valid for the entire duration of the winner’s holiday, to protect against the additional costs incurred in the event of unforeseen circumstances.
The prize is subject to availability and it must be booked in accordance with process specified under prize details. To redeem the prize, the winner shall provide the relevant Prize Promoter with the full name of the travellers as they appears on their passport and confirm preferred dates of travel at least one (1) month prior to the preferred departure date. Please refer to prize details for how to redeem each prize. Reservations are subject to availability at the time of reservation. No changes to itinerary and accommodation are permitted once the Prize Promoter has confirmed dates of travel and accommodation or if allowed, it may be subject to a surcharge or administrative fees which shall be borne by the winner. If the winner fails to redeem the whole or part of the prize within the specified timelines. The relevant unredeemed portion of the prize will be forfeited, and cash will not be awarded in lieu of prize. Where a prize is unavailable for any reason, the Prize Promoter may substitute that prize for another item of equal or higher value as determined by the Prize Promoter, subject to the approval of the gaming authorities in each state and territory where required.
The prize may only be transferred, but not sold for profit, to a person of the winner’s choice if that person is over 18 years of age and a legal, current resident of Australia.
Any change in value occurring between the publishing date and the date the prize is redeemed is not the responsibility of the Promoter or Hawaiian Airlines. If a prize or any element of a prize is unavailable for any reason, the Promoter, at all times acting reasonably, reserves the right to substitute that prize or element with another item of equal or higher value as determined by the Promoter (acting reasonably), subject to the approval of any relevant authority if required.
The Promoter reserves the right to verify the validity of entries and/or selected winners (including an entrant’s identity, age and place of residence) and to disqualify any eligible entrant and/or selected winner (and to prohibit that entrant from resubmitting an entry into the competition) where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted otherwise than in accordance with the Terms and Conditions. The Promoter may also disqualify any entrant who acts in a disruptive manner or who acts with intent or effect of annoying, abusing, threatening or harassing any other person or who behaves in a manner which may diminish the good name or reputation of the Promoter or Hawaiian Airlines or any of their respective related bodies corporate or the agencies or companies associated with this competition, or who engages in conduct which is contrary to law or is otherwise inappropriate. At the Promoter’s sole discretion, where a potential winner cannot verify eligibility or cannot be contacted, an alternate winner may be selected. Award of the prize is contingent upon the winner fulfilling all the requirements of these Terms and Conditions.
Entries must not include any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent, objectionable or inappropriate (which includes any content involving nudity, malice, excessive violence or obscene language).
If for any reason (including due to tampering or interference) this competition is not capable of running as planned, subject to the approval of those authorities which have issued permits for the conduct of this competition, or the Promoter has reason to believe that any factor beyond its reasonable control impairs, the integrity, administration, fairness, or proper functioning of the competition, the Promoter, at all times acting reasonably, reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition. In the event of war, terrorism, state of emergency, acts of God, pandemic/epidemic, or disaster, or any other reason beyond the reasonable control of the Promoter, the Promoter reserves the right to cancel, terminate, modify or suspend the competition or suspend or modify a prize, subject to any written directions from a relevant regulatory authority. Neither the Promoter or Hawaiian Airlines will be liable for any such cancelation, termination, modification, or suspension.
The Promoter and Hawaiian Airlines, and their parents, subsidiaries, affiliates, and each of their stockholders, directors, officers, employees, agents, and representatives, accept no responsibility for any lost, late, misdirected entries, illegible entries (including lost, stolen, forged, defaced or damaged entries) or entries deemed ineligible due to incorrect entrant information. The Promoter will not accept entries which are incomplete, illegible, or which are generated by computers or other automated means.
The Promoter and Hawaiian Airlines, and their parents, subsidiaries, affiliates, and each of their stockholders, directors, officers, employees, agents, and representatives, assume no responsibility for (a) any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries or other unauthorized human intervention in any part of the competition; or (b) any problems or technical malfunction of any 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 participants or any other person’s computer related to or resulting from participation or downloading any materials in this competition.
The Promoter will take all necessary steps to ensure that entries are properly recorded and stored, but will accept no liability if an entry is not recorded or is lost.
The Promoter and the prize suppliers, including Hawaiian Airlines, and their parents, subsidiaries, affiliates, and each of their stockholders, directors, officers, employees, agents, and representatives will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or personal injury suffered or sustained arising from or in connection with (a) the competition, including an entrant’s participation in the competition, any omission to enter a person into the competition, acceptance, use, misuse, receipt, or possession of the prize (or any part thereof) or the prize itself, or (b) any claims based on publicity rights, defamation, or invasion of privacy or similar claims, except for liability which cannot be excluded by law. The winner releases the Promoter, Hawaiian Airlines, their related bodies corporate, affiliates, officers, agents, employees and suppliers (the “Released Parties”) from all liability, loss and damage of any kind arising out of or in connection with the acceptance of, use or misuse of, receipt and possession, and participation in, any prize. Without limiting the foregoing, the Released Parties will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with the competition or the prize except for liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
The Promoter and Hawaiian Airlines are not liable for any tax implications arising from any prize winnings. Independent financial advice should be sought by the prize winner if necessary. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that were the parties are at arm’s length goods and services exchanged are of equal GST inclusive market values.
Entrants’ details may be used for future promotions carried out by the Promoter. Entrants can request not to receive information about future promotions by calling 1300 305 405 or unsubscribing from email communications. The Promoter may continue to provide entrants with information for an indefinite period unless and until advised otherwise by the entrant.
The Promoter collects and uses personal information ("PI") in order to conduct the competition 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 any applicable regulatory authorities. By entering this competition and providing your PI, you agree to such disclosure. Although you may choose not to provide certain information, please be aware that this may affect your eligibility to win the competition. The Promoter will use and handle PI as set out in its Privacy Policy, which can be viewed at anacondastores.com/privacy-policy. An entrant can gain access to, update or correct any personal information held by contacting the Promoter on 1300 305 405. All personal information will be held at the office of the Promoter or on IT systems controlled by the Promoter, in respect of which reasonable security arrangements are in place to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. In addition to any use that may be outlined in the Promoter’s Privacy Policy, each entrant consents to the Promoter, for an indefinite period, unless otherwise advised in writing by the entrant, using the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to 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 applicable Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose entrant’s personal information to any entity outside of Australia or New Zealand.
Except where prohibited by law, entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the competition or any prize awarded shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards you may be entitled to shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the competition, but in no event attorneys' fees; and (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of- pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
These Terms and Conditions are construed, governed by, and enforced in accordance with the laws of Victoria, Australia. Entrants submit to the exclusive jurisdiction of the courts of Victoria, Australia. The competition is void outside of Australia and where prohibited or restricted by law, and subject to all applicable federal, state, and local laws and regulations.
In the event of any conflict between any competition details contained in these Terms and Conditions and the competition details contained in any other promotion materials (including but not limited to point of sale, television, online, radio and print advertising, promotional packaging, and other promotion media), the details of the competition as set forth in these Terms and Conditions shall prevail.
If any provision of these Terms and Conditions is held to be unenforceable, it will be modified so that it is enforceable to the maximum extent permitted under applicable law and all other terms will remain in full force and effect. If the unenforceable provision cannot be so modified, it will be excluded from these Terms and Conditions, and all other terms of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions may not be altered, amended, changed, waived, terminated or modified in any respect unless the same shall be in writing and consented to by the Promoter and Hawaiian Airlines. No failure or delay of the Promoter or Hawaiian Airlines in exercising any right, power, or privilege hereunder shall operate as a waiver of any such right, power, or privilege; no single or partial exercise of any such right, power or privilege shall preclude any other or further exercise thereof; and no waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, and no waiver shall constitute a continuing waiver.
Alamo terms and conditions related to the car hire included in the prize:
a. GPS is available locally from USD7.99 plus tax per day.
b. Additional driver may be added at point of collection for a fee (from USD 9.99 + tax per day, subject to change), they may be required to provide credit card.
c. Fines and additional charges are the driver’s responsibility.
d. Credit card in driver’s name is required for any incidentals. Alamo accepts Visa, MasterCard, American Express and Discover credit cards.
e. A full and valid Driver’s License from the renter’s country of origin is required, together with Passport and credit card in renters name. If the driver's license is in a language other than English, an International Driver's Permit is required in conjunction with the country of residence driver's licence. Renters cannot be residents of the United States or Canada.
f. Minimum Age – Renters and additional authorized drivers must be twenty-one (21) years of age or older, except where provincial or state law provides otherwise. In all states an underage fee of Twenty-five dollars (US$25 + tax) per day, per driver will apply for renters and additional drivers age twenty-one through twenty-four (21-24), unless otherwise stated.
g. Every rental includes 24-hour road side assistance, however, if the car breaks down due to user error then the renter will be charged. If the car breaks down for mechanical reasons, i.e.,: an engine failure occurs, then roadside assistance is free of charge. Roadside Plus (RP) / Roadside Protection (RSP) can be purchased at the rental desk from $4.99 + tax per day for additional coverage, including key replacement, flat tire assistance, towing, jump start, lockout service and fuel delivery.
h. A cancellation fee of at least $100 applies if reservations are cancelled up to 72 hours of the collection date and if full payment has been made, with vouchers issued. Full fees apply if cancelled within 72 hours plus any applicable supplier charges. No show 100% cancellation fees. There are no refunds for unused rental days.
i. Any amendments will be subject to the rate that applies at time of change, not based on the original reservation price. An amendment fee may apply for changes made after a reservation is paid in full, this will be advised before the reservation is amended.
Hawaiian Airlines Terms and Conditions related to the flights included in the prize:
a. Travel itinerary will be determined by the Promoter in its absolute discretion. The winner and his/her travel companion must depart from and return to the same departure point and travel together on the same booking reference. Prize is for Economy Class return flights from either Sydney or Brisbane to Honolulu (and back to the same departure point) and from Honolulu to Kona (and back to the same departure point).
b. Airfare dates must be booked by 30 November 2020 and are subject to availability. The winner must contact Hawaiian Airlines Sydney Reservations between the hours of 09:00 and 17:00 at 1300 661 339 or via email at reservations@hawaiianair.com.auin order to book their flight prize.
c. Entire travel must be completed by 31 May 2021. Travel is NOT permitted during the following periods: 26JUN20 – 17JUL20, 20SEP20 - 5OCT20, 15DEC20 – 10JAN21, 31MAR21 – 19APR21. Further blackout dates may apply.
d. If for any reason the winner does not timely book the flights or, once the flights have been booked, take the flights at the time stipulated, then the flights will be forfeited and will not be replaced or redeemable for cash.
e. Flights are non-transferable, non-exchangeable, non-replaceable, non-upgradable and are non-changeable. Flights are not exchangeable for cash or any other benefits in kinds. Further flight fare rules may apply. Travel arrangements to and from the winner’s home to either Sydney or Brisbane International Airport do not form part of the prize and are the sole responsibility of the winner and their travelling companion.
f. All fees and expenses (such as security fees, gratuities, luggage fees, meals and ground transportation, and incidental charges) related to acceptance and uses of the flights not specifically stated herein are the sole responsibility of the winner and their travelling companion.
g. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Seat selection and timing of trip subject to availability and confirmation of reservations.
h. Prize winner and travel companion must both be aged 18 years or older and must both possess valid travel documents (i.e., a valid government-issued photo ID, etc.). Prize winner and travel companion are responsible for obtaining a visa for entry into the United States of America at their own expense. Prize winner and travel companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that neither the Promoter nor Hawaiian Airlines have obtained or provided, or will obtain or provide, travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of the Promoter and Hawaiian Airlines.
i. Travel is subject to the terms and conditions set forth in these terms and conditions, and those set forth by the Promoter. The Promoter shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts and policies in use by the airlines (including without limitation, Hawaiian Airlines’ Contract of Carriage) or other transportation companies shall constitute the sole contracts with respect to the prize winner's and his/her travel companion's transportation and such contracts shall be solely between the prize winner, his/her travel companion and such transportation companies.
j. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promotion Parties and which prevents the Promoters or Hawaiian Airlines from complying with these terms and conditions, neither the Promoters nor Hawaiian Airlines (or its parent or affiliate entities) will be liable for any failure to perform or delay in performing its obligations. The Promoters reserve the right (subject to any applicable law) to cancel, terminate or modify or suspend this competition/promotion.
k. By entering this competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel, fishing, and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. Neither the Promoter, nor Hawaiian Airlines, are responsible for any acts of god, such as adverse weather conditions, pandemics/epidemics, or industrial action or civil commotion, that may occur whilst the winner is travelling. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. Neither the Promoter nor Hawaiian Airlines guarantees that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered.
l. The Promoters and Hawaiian Airlines, their related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or property loss or damage, personal injuries, illnesses, or death arising out of this competition/promotion, the promotion of this competition/promotion or the use of, misuse of, or failure to use any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties.
m. Entrants acknowledge and agree that the Promoter may share entrant’s information with Hawaiian Airlines where entrant opts in to receive promotional materials from Hawaiian Airlines.
n. Hawaiian Airlines will have no liability for any of Promoter’s failure to comply with applicable law or regulations in the administration of this promotion/competition.
o. THE PRIZE IS PROVIDED "AS IS" AND “AS AVAILABLE”. HAWAIIAN AIRLINES DOES NOT PROVIDE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OR GUARANTIES WITH RESPECT TO THE PRIZE, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR GUARANTIES OF MERCHANTABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE, COMPETENCY, SAFETY, OR SECURITY OF THE PRIZE. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
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