Terms and Conditions of Entry for the “Vision Australia Carols Promotion” (Promotion)
1. Information on how to enter and prize information form part of these Terms and Conditions (Conditions of Entry).
2. Entry into this Promotion is deemed to be acceptance of these Conditions of Entry.
3. The Promoter is Vision Australia Limited, ABN: 67 108 391 831 of 454 Glenferrie Road, Kooyong, Victoria 3144 (Promoter).
4. Each entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Conditions of Entry generally.
5. If an entrant selected as a winner is found to be in breach of these Conditions of Entry, a new winner may be selected and, in the event that the entrant in breach has been awarded the prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter.
Who can participate
6. Entry in the Promotion is only open to individuals who:
(a) are residents of Australia (excluding residents of Western Australia and South Australia) aged 18 years and over; and
(b) are not employees of the Promoter, any of its related corporations, or any of their agencies associated with the Promotion; and
(c) are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee (Eligible Entrants).
7. The Promotion will commence at 12.01am AEDT on 1/11/2016
and close at 11.59pm AEDT on 27/12/2016
How to Participate
8. To participate and be eligible to win, an Eligible Entrant must, during the Promotion Period:
(a) visit www.carolsbycandlelight.com.au (Promoter Site) using a compatible browser (or on 24/12/2016, call the phone number communicated during the Carols by Candlelight broadcast); and
(b) make a donation of $10 (including GST) or more by providing all information requested by the Promoter, including but not limited to their first name, surname, contact phone number, email address, postcode, age group, donation amount and details of a valid credit card, (Eligible Donation)
9. A donation associated with an entry in the Prize Draw is not tax deductible. Persons who make a donation during the Promotion Period will have the option to elect not to receive an entry/entries in the Prize Draw.
10. Eligible Entrants will receive one (1) entry into the Prize Draw for each $10 (including GST) donated in an Eligible Donation. For example, if an Eligible Entrant makes an Eligible Donation of $50 (including GST), the Eligible Entrant will receive five (5) entries in the Prize Draw.
11. Eligible Entrants may only make a donation using their own credit card, registered in their own name.
Prize Draw and Prize Information
12. A random electronic prize draw will take place at Prime Focus, Level 1, 500 Chapel Street, VIC 3141 (Draw Location) at 12 noon AEDT on 11/01/2017 (Prize Draw) from all entries recorded in the Promotion.
13. The first Eligible Entrant with a valid entry drawn in the Prize Draw will be awarded a Disneyland Resort in California holiday for two (2) adults (aged 18 years or older) and two (2) children (aged 12 years or under), valued at up to AUD$17,500 (including GST) (Prize), including:
(a) return economy airfares flying Qantas from either Melbourne, Brisbane or Sydney to Los Angeles valued at up to AUD$11,200 (including GST);
(b) five (5) nights accommodation in a Standard Room (for a family of four (4)) at Disneyland Hotel valued at up to AUD$3,650 (including GST);
(c) a four (4) Day Disneyland Resort Park Hopper Pass for four (4) people valued at AUD$2,100 (including GST);
(d) a ‘Character breakfast’ valued at AUD$250 (including GST); and
(e) return transfers from Los Angeles airport to the accommodation valued at up to AUD$300 (including GST).
14. The Prize must be redeemed in full by 10/01/2018. The Prize may only be traveled during off-peak periods. Black-out periods apply. The Prize is not redeemable over Australian or US Public or National holidays.
15. The Prize winner and their travel companions must make their own way at their own expense to Melbourne, Brisbane or Sydney airport in order to participate in the Prize.
16. All aspects of the Prize (including travel and accommodation) are for two (2) adults (aged 18 years or older) and two (2) children (aged 12 years or under) travelling together at all times.
17. Prize must be booked at least 12 weeks in advance of travel dates. Redemption of the Prize is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with the accommodation provider.
18. Prize travel is subject to the airline’s general conditions of carriage at all times.
19. Winner will not accrue frequent flyer points through redemption of the Prize.
20. Prize participants must be in possession of a valid passport and be able to travel to the USA during the Prize travel period.
21. Any costs incurred in sourcing visas and/or passports are the responsibility of the Prize participants.
22. Prize must be taken as stated. Prize cannot be exchanged for other travel, flights or accommodation at other destinations. All components of the Prize must be taken together as a single trip to be booked by the Promoter. Once the Prize is booked, no changes can be made.
23. Prize participants must hold a valid credit card and present it on check in at the accommodation establishment, to cover any incidental hotel charges.
24. The Prize does not (except as expressly stated) include:
(a) any transport between a traveller’s residence and the departure airport (Melbourne, Brisbane or Sydney);
(b) any overnight accommodation while travelling to the departure airport or destination;
(c) any other travel or accommodation;
(d) any incidental hotel charges (such as but not limited to mini-bar charges, telephone calls, in house movies, food and beverages);
(e) any insurance (such as travel or health cover), however the Promoter requires the Prize winner and their nominated travelling companions cover themselves with full travel insurance valid for travel to the USA. Receipt of insurance for all persons travelling must be supplied to the Promoter prior to travel. Should the Prize winner or a nominated travelling companion fail to take out travel insurance, the Promoter will require them to sign a waiver prior to travel;
(f) any vaccinations or other medical or health related services;
(g) any other ancillary costs which may be incurred by those travelling.
25. Prize participants are responsible for compliance with any health, passport, visa and other requirements for entry into the USA (including completion of the ESTA visa application process for all travellers), any country en-route and for return to Australia (Entry Requirements
26. Prize participants are responsible for making themselves familiar with, and following, the Australian Government's travel advisory and consular assistance advice available at www.smarttraveller.gov.au
27. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any Prize destination.
28. Participation in the Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the Prize (Third Party Terms
29. Prize participants are responsible for compliance with all applicable Entry Requirements and Third Party Terms and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while a participant in the Prize. The Promoter assumes no liability (and will provide no compensation) to a Prize winner and/or nominated travel companion who, as a result of any failure to comply with any Entry Requirements or Third Party Terms:
(a) is unable to participate in the Prize (or any part of it); or
(b) is refused entry into any country; or
(c) suffers any other loss or damage.
30. In the event that for any reason the Prize winner or a nominated companion does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the Prize winner and/or nominated companion and cash will not be supplied in lieu of that element of the Prize.
31. The Prize, or components of the Prize, are not transferable or exchangeable and cannot be taken as cash.
32. The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize is obtained through any of these methods, it will not be honoured.
33. The Promoter accepts no responsibility for any tax implications that may arise from winning the Prize. Independent financial advice should be sought by the winner.
34. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the Prize (if won) and compliance with these Conditions of Entry. If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry/entries submitted by the entrant will be deemed invalid. The Prize will only be awarded following all verification requirements of the Promoter being met to its satisfaction.
35. The Prize winner, and nominated travelling companions with regards to 35(b), must if requested by the Promoter agree to and sign:
(a) an eligibility form confirming their compliance with the Conditions of Entry and eligibility to accept the Prize; and/or
(b) a liability release in a form to be determined by the Promoter at their discretion.
Failure to return the signed eligibility form, releases and/or indemnities will result in the disqualification of the entrant from the Promotion.
36. Entrants can only enter the Promotion in their own name.
37. If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.
38. The Prize winner will be notified by phone and in writing and advertised at www.carolsbycandlelight.com.au from 01/02/2017.
Unclaimed Prize Draw (If Any)
39. If the entrant drawn in the Prize Draw cannot be located or the Prize is returned to the Promoter by 11/04/2017, a random electronic re-draw will be conducted on that date at 12 noon AEST at the Draw Location by a representative of the Promoter from all remaining entries recorded in the Promotion, subject to any directions from the relevant State and Territory Gaming Departments (Re-Draw).
Notification of Re-draw Winner (If Any)
40. The Re-Draw winner, if any, will be notified by phone and in writing and advertised at www.carolsbycandlelight.com.au from 27/04/2017.
41. The Prize value is correct as at 22/08/2016. No responsibility is accepted for any variation in the value of the Prize.
42. If the Promoter is unable to provide the winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated Prize, subject to any directions given by State and/or Territory Gaming Departments.
43. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanisms will be available at all times during the Promotion Period.
44. All entries are deemed to be received at the time of receipt in the Promoter’s database and not time of transmission by the entrant.
45. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Promotion.
46. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
(a) Promoter, the Promoter's related entities, the Prize supplier and all agencies associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph 47(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
48. The Prize winner must, at the Promoter's request, participate in any promotion activity (such as publicity and photography) relating to the winning of the Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
49. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
50. Immediately upon submission by an entrant, all entries become the sole property of the Promoter.
51. All information entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and contacting the winner.
52. Credit card details collected will be used for the purpose of processing the transaction for the donation ONLY.
53. The Promoter may disclose entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.
Opting-In to hear from the promoter
54. Should an entrant consent to receiving future information from the Promoter, via electing to ‘opt-in’ when making their eligible donation, information provided by the entrant may be entered into a database and used by the Promoter, the Promoter's related entities and agencies engaged by the Promoter for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.
55. Entrants who elect to ‘opt in’ may request access to update or correct their Personal Information held by the Promoter and may request that they not receive further promotional or marketing communications from the Promoter by contacting the Promoter via email to email@example.com
or by phone on 1300 84 74 66 or in writing to 454 Glenferrie Road, Kooyong, VIC 3144.
57. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The Privacy Amendment (Enhancing Privacy Protection) Act 2012).
Authorised under ACT Permit Number – TP 16/01907.