Spreets - Sri Lanka Holiday Experience Competition Terms and Conditions
"Spreets – Sri Lanka Holiday Experience" Competition
Terms and Conditions
By entering the 'Spreets – Sri Lanka Holiday Experience" Competition (the "Competition"), you are agreeing to the following terms and conditions:
ELIGIBILITY CRITERIA
1. Entry is only open to Australian residents aged 18 years or over.
2. Employees (and their immediate families) of the Promoter, Trip A Deal (ABN 50 149 420 433) (“Sponsor”), Mnet Mobile Pty Ltd, 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.
ENTRY INSTRUCTIONS
1. Entries open at 10:00am AEST on 01/10/2014 and close at 5:00pm AEST
on 30/01/2015 (“Promotional Period”).
2. To enter, individuals must visit http://spreets.jackmedia.com.au/landing/index/Spreets-Sri-Lanka-Holiday-Experience, follow the prompts to the promotion entry page, input the requested details (including their full name, gender, telephone number, date of birth, postcode and a valid email address), agree to receive email updates from the Promoter by ticking the relevant tick box, and submit the fully completed entry form (“Initial Entry”).
Entrants must still be subscribed to the Promoter’s email list as at the time of the draw to be eligible to claim the prize if drawn as the winner.
3. Once individuals have submitted an Initial Entry, they will also have the opportunity to earn additional entries into the draw by completing any of the following mechanics (“Additional Entry”):
(a) Email: nominate up to ten (10) friends/family members that they would like to refer to the promotion by providing each friend/family member’s name and unique and valid email address. Entrants should only refer friends/family members with whom they have a direct relationship and who consent to receiving information about these types of promotions. Entrants will receive one (1) Additional Entry for every valid friend/family member referred during the Promotional Period, up to the maximum of ten (10); AND/OR
(b) Facebook: follow the prompts to become a fan of the Spreets Facebook Page (if they are not already a fan) by clicking the Facebook ‘like’ button and then ‘share’ their participation in this promotion on their Facebook wall. Entrants will receive one (1) Additional Entry for ‘liking’ the Spreets Facebook Page and ‘sharing’ the promotion on their Facebook wall during the Promotional Period. For the sake of clarity, entrants must both like the Facebook Page and ‘share’ the promotion in order to receive one (1) Additional Entry; AND/OR
(c) Twitter: follow the prompts to ‘Tweet’ the promotion via their Twitter account. Entrants will receive one (1) Additional Entry for ‘Tweeting’ the promotion during the Promotional Period.
4. After completion of the above steps, entrants will be presented with a page that will enable them to opt-in to receiving newsletters and communications from other companies. If the entrant agrees to opt-in to any of these companies, the Promoter will then transfer their details to each of the companies the entrant has selected.
5. Incomplete or indecipherable entries will be deemed invalid.
6. The time of entry will be the time at which the entry is received by the Promoter, and not at the time of transmission by the entrant. Entries received outside of the Promotional Period will be deemed invalid.
7. Multiple entries permitted, subject to the following: (a) only one (1) Initial Entry permitted per person; (b) a maximum of twelve (12) Additional Entries permitted per person; and (c) each entry must be submitted in accordance with entry requirements. For the sake of clarity, individuals are eligible to receive up to ten (10) Additional Entries via the Email mechanic, one (1) Additional Entry via the Facebook mechanic, and one (1) Additional Entry via the Twitter mechanic.
DRAW AND WINNER NOTIFICATION
8. The draw will take place at Mnet Mobile Pty Limited, L1, 16 Anster Street, Adelaide SA 5000 on 04/02/2015 at 11:00am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
9. 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 http://spreets.jackmedia.com.au/landing/index/Spreets-Sri-Lanka-Holiday-Experience from 06/02/2015.
10. A re-draw for the prize, if unclaimed, may take place on 04/05/2015 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 http://spreets.jackmedia.com.au/landing/index/Spreets-Sri-Lanka-Holiday-Experience from 06/05/2015.
PRIZE
11. The first valid entry drawn will a trip for two (2) adults to Colombo, Sri Lanka, valued at up to $11,965 depending
on date and point of departure. The prize includes:
- Return economy airfares from Sydney, NSW or Melbourne, VIC (whichever is closest to the winner's place of residence) to Colombo, Sri Lanka;
- A ten (10) day luxury tour including nine (9) nights accommodation at the following venues:
i. Jetwing Lagoon, Negombo (Day 1);
ii. Cinnamon Lodge, Sigiriya (Days 2 – 4);
iii. Cinnamon Citadel, Kandy (Day 5);
iv. Grand Hotel, Nuwara Eliya (Day 6);
v. Hotel Jetwing Yala, Yala (Day 7); and
vi. Hotel Bentota, Bentota Beach (Days 8 – 9).
- Daily breakfast for two (2) adults;
- The following activities, and associated entrance fees, for two (2) adults:
i. Tea plantation tour;
ii. Elephant back safari;
iii. River cruise;
iv. Canoeing at Pottuvil Lagoon;
v. Elephant orphanage tour;
vi. Botantical Garden visit;
vii. Kandy city tour and cultural show;
viii. Tour of Galle Fort, Dambulla Temple, Anuradhapura, Lion Rock and Polonnaruwa.
12. Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 01/11/2015 and the winner must select a travel date at least eight (8) weeks in advance. The prize is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods.
13. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. 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.
14. Airfares depart from Sydney, NSW or Melbourne, VIC only. The winner (and his/her companion) is responsible for all costs associated with travel to and from the departure point.
GENERAL
15. 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.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. 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.
18. The Promoter reserves the right to request that the winner provide proof of age and/or identity prior to awarding the prize. Identification considered suitable for the verification is at the sole discretion of the Promoter.
19. 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.
20. 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.
21. 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.
22. Total prize pool value is up to AU$11,695.00.
23. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash. The winner should seek independent financial advice about any tax implications that may arise from the prize winnings.
24. The winner (and his/her companion) agree to participate and co-operate, as required, in all editorial activities relating to the promotion and consent to the Promoter using their name, likeness, image and/or voice (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. The winner also agrees they will not, and will ensure that their travel companions do not, sell or otherwise provide their story and/or photographs relating to the prize to any media or other organisation.
25. 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.
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. 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.
28. 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 and Sponsor (including their respective officers, employees and agents) exclude 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.
29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Sponsor (including their respective officers, employees and agents) are not responsible for and exclude 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/Sponsor’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 or Sponsor; (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 and/or participation in the prize.
30. As a condition of accepting the prize, the 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.
31. By entering this promotion, entrants agree to the Promoter collecting, using and disclosing their personal information for the purpose of conducting and promoting this promotion, in accordance with Spreets’ Privacy Policy, which is available at http://spreets.com.au/page/privacy-policy. This Privacy Policy contains important information regarding how the Promoter handles entrants’ personal information, including how entrants can access and/or correct their personal information, make a complaint about the handling of their personal information and the manner in which the Promoter may disclose personal information overseas. Additionally, by ticking the relevant opt-in box/es: (a) entrants agree to the Promoter and its trusted partners using their personal information to help the Promoter communicate with entrants (including via electronic messages and/or telephone) about offers from the Promoter and its marketing partners (which offers entrants may opt-out of receiving), and entrants agree to the Promoter disclosing their information to such partners in connection with such purposes; and (b) entrants agree to the Promoter sharing their personal information with the Sponsor and they acknowledge that the Sponsor will be solely responsible for its use of such information. The Promoter will also share disclose personal information to third parties for the purposes of conducting the promotion, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry into the promotion is conditional upon providing their personal information. If entrants do not provide their personal information when requested, they may not enter the promotion. By entering this promotion, all entries become the property of the Promoter and each entrants’ name will be included on the Spreets database, and if consent has been given, the Promoter will include each entrants’ name in future mail, email, SMS or other campaigns.
32. Submitting an Additional Entry via Facebook and/or Twitter and continued participation in the promotion 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) and/or the Twitter Terms of Service (which can be viewed at www.twitter/tos).
33. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Entrants understand that they are providing their information to the Promoter and not to Facebook or Twitter. 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 or Twitter. Facebook and Twitter 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.
34. The Promoter is Spreets Pty. Limited (ABN 76 142 688 524) of Level 2, Pier 8&9, 23 Hickson Road, Millers Point, NSW 2000, telephone (02) 8288 4600.
35. The Sponsor is TripADeal (ABN 50 149 240 433), of 21a/1 Banksia Drive, Byron Bay, NSW, 2483, telephone (02) 6685 6003.
Permit numbers: ACT permit number: TP 14/03270, NSW permit number: LTPS/14/07390, SA permit number: T14/1744, VIC permit number: 14/5313