Terms and Conditions – Spring 2016
“˜GO BEHIND THE SCENERY’ – GREAT WALKS OF TASMANIA SPRING 2016 PROMOTION TERMS AND CONDITIONS
1. Information on how to enter the “˜Go Behind The Scenery Great Walks of Tasmania Spring 2016 Promotion’ (“˜Promotion’) forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these terms and conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter 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. The Promotion commences at 12:00am on 10 July 2016 and ends at 5:00pm AEDST on 27 August 2016 (“Promotional Period”).
5. To enter, individuals must visit www.gobehindthescenery.com.au, enter the requested details (including their full name and a valid email address), and submit the fully completed subscription registration form during the Promotional Period.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Only one (1) entry is permitted per person.
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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
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. The Promoter reserves the right to request the winner to provide proof of identity, and/or proof of entry validity in order to claim the Prize. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
10. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in the delivery due to technical disruptions, network congestion or for any other reason.
11. The draw will take place at Tourism Tasmania Level 3, 15 Murray St, Hobart Tasmania on 1 September 2016 at 10:00am AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
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.gobehindthescenery.com.au from 5 September 2016.
13. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Promotion result.
14. The first valid entry drawn will win the Prize, being a trip to Tasmania for two (2) adults, valued at up to $8,300 depending on date and point of departure. Prize includes one (1) night accommodation in a 4 star property centrally located in either Hobart or Launceston pre/post walk and the winner’s choice of one (1) walk departure for two adults from either The Maria Island Walk, The Bay of Fires Lodge Walk, The Tarkine Rainforest Track, The Bruny Island Long Weekend, The South Coast Track, The Walls of Jerusalem Experience, The Cradle Mountain Huts Walk or The Freycinet Experience Walk (“˜the Prize’).
15. If the winner is not from Tasmania, the Prize also includes return economy airfares from any Australian capital city to Tasmania for two (2) adults. If the winner is from Tasmania, then the Prize does not include airfares and the airfare component of the Prize is not redeemable for cash.
16. The winner (and their companion) are responsible for all other expenses including travel to and from the departure point, petrol, car hire excess, spending money, food provisions, drinks, transfers, laundry charges, activities (unless specified), incidentals, taxes, energy surcharges, gratuities, services charges, 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.
17. The Prize must be booked by 31 March 2017. The Prize must be taken by 30 April 2017 and is subject to booking and flight availability. Prize cannot be taken between 20 December 2016 and 7 January 2017.
18. The winner and his/her companion must comply with all regular terms and conditions of the elements of the Prize including, but not limited to, the the walk and car hire company.
19. The winner and his/her companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the winner in agreement with the Promoter, but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. The itinerary cannot be changed by the winner once the booking has been confirmed by the Promoter.
20. Frequent flyer points will not form part of the Prize.
21. The 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 or make a cash deposit at time of accommodation check in for all incidental charges.
22. The Prize is valued up to a total of $8,300 (GST inclusive). The Prize value is based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for a change in the Prize value between now and the Prize redemption date.
23. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash.
24. If 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.
25. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or specified value, subject to Tasmanian State Government Regulations.
26. A draw for the prize, if unclaimed, may take place on 18 October 2016 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.gobehindthescenery.com.au from 24 October 2016.
27. The Promoter reserves the right to refuse to allow the winner to take part in any or all aspects of the Prize, if the Promoter determines, in their absolute discretion, that the winner is not in the mental or physical condition necessary to be able to safely participate in the Prize. It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
28. The Prize will be awarded to the person named in the entry.
29. Should an entrant’s contact details change during the Promotional Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
30. 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.
In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.
32. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
33. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any written direction given under Tasmanian State Government Regulation.
34. All entries become the property of the Promoter.
35. 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 (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.
36. 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 and/or participation in the prize.
37. 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.
38. 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 Personal Information Protection (“PIP”) Policy, which can be viewed at http://www.tas.gov.au/stds/pip.htm. In addition to any use that may be outlined in the Promoter’s PIP 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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
39. The Promoter is Tourism Tasmania, the body corporate established pursuant to section 4 of the Tourism Tasmania Act 1996 (Tas) (ABN 58 800 480 938).
NSW Permit No. LTPS/16/04557 SA Permit No. T16/1017 ACT Permit No. TP 16/01144