“Africa Giveaway” PROMOTION Geckos Adventures TERMS AND CONDITIONS NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 2. Entry is only open to residents of Australia & New Zealand only. 3. Employees (and their immediate families) of the Promoter, Intrepid Group 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. 4. Promotion commences at 10:00am Australian Eastern Daylight Savings Time (“AEDST”) on 10/11/2016 and ends at 11:59pm AEDST on 15/12/2016 (“Promotional Period”). 5. To enter, individuals must, during the Promotional Period, complete an online form with the following questions: • First name • Last name • Date of birth • Country of residence (Australia or NZ opt in) • Tick box option for further communications 6. Incomplete or indecipherable entries will be deemed invalid. 7. Only one (1) entry permitted per person, per Facebook account and per email address. 8. 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. 9. 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. 10. The random draw will take place at Geckos Adventures, Level 7, 567 Collins Street, Melbourne 3000, at 2:00pm AEDST on 18/12/2016. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be drawn using DrawMyComp random generator (NSW Approval Permit LTPS/16/08812, ACT Approval permit number TP 16/02197 11. 12. The winner will be notified in writing by email within two (2) business days of the draw and their name will be published online at www.geckosadventures.com from 22/12/2016. 13. The Promoter’s decision is final and no correspondence will be entered into. 14. Subject to clause 11, the first valid entry drawn will win the following prize package: • 1 x place on ‘Journey through Botswana’. Travel is subject to trip availability and minimum trip fill. Geckos Adventures loyalty program will not form part of the prize. The value of the credit will be based on the value stated in Australian dollars (AUD) regardless of any variation in currency exchange rates. Travel must be completed by 30th September 2017. • 1 x credit for airfares up to the value of AUD$2000. Airfares must be booked in conjunction with a Geckos Adventures trip (as outlined above) and unused credit is non-refundable and non-transferrable, and cannot be taken as cash. The entire credit must be used in one (1) transaction. Unused credit is non-refundable and non-transferrable, and cannot be taken as cash. In the event that the flights booked by the winner are more than AUD$2,000, the winner will may then be requested to pay the difference. Credit must be used by 30th September 2017. The value of the credit will be based on the value stated in Australian dollars (AUD) regardless of any variation in currency exchange rates. 15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority. 16. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 17. If the prize (or part of the 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. 18. Total prize pool value is up to AUD$3500 19. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash. 20. A draw for the prize, if unclaimed, may take place on 18/03/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing by email within two (2) business days of the draw and their name will be published online at www.geckosadventures.com from 22/03/2017. 21. 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. 22. 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. 23. Any cost associated with accessing the promotional website(s) are the entrant’s responsibility and is dependent on the Internet service provider used. 24. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 25. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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. 26. 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) any tax liability incurred by a winner or entrant; or (f) taking/use of the prize. 27. As a condition of accepting the prize, the winner 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. 28. The Promoter collects personal information ("PI") in order to conduct 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://www.intrepidtravel.com/booking-intrepid/privacy. 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 Privacy Principles 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 personal information to entities outside of Australia - see the Promoter’s Privacy Policy for details). 29. Entry and continued participation in the promotion via Facebook is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php. 30. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to 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 Facebook. Facebook will not 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 promotion (including taking/use of a prize), except for any liability which cannot be excluded by law. 31. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia. 32. The Promoter is Geckos Adventures (ABN 35 007 172 456) of 567 Collins Street Melbourne, 3000 and 24 Nuffield St, Newmarket, Auckland, 1023, New Zealand. Telephone: +61 (03) 9473 2626. Permit Number NSW LTPS/16/08812, ACT TP 16/02197
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