Land Rover – Win A Trip To Space with Virgin Galactic or Win A Trip to New Mexico, USA 2014
Land Rover / Virgin Galactic” Competition
Competition Terms
The general terms and conditions set out below (the “Competition Terms”) apply to the Land Rover / Virgin Galactic global prize competition (the “Competition”) being run and administered across 25 jurisdictions by Jaguar Land Rover Limited, a company incorporated in England and Wales with registered office at Abbey Road, Whitley, Coventry, CV3 4LF and company number 1672070, and its affiliate and group companies (“Land Rover”). This version of the Competition Terms applies to entrants in Australia only.
Eligibility Criteria
1) Employees of Virgin Galactic, LLC (“Virgin Galactic”), Land Rover and employees of any third party affiliated with the Competition, Virgin Galactic or Land Rover’s parent companies, subsidiaries, distributors and other prize suppliers, directors, officers, and each of their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and Virgin Galactic or Land Rover’s affiliates, advisors or advertising/promotion agencies (and their immediate family members) are not eligible to enter the Competition.
2) You must be a legal resident of Australia aged 18 years or over with a valid Facebook account, a valid email address and Internet access to be eligible to enter the Competition and to claim a Prize (as defined below). You must have a valid driver’s licence in order to claim the National Prize (defined below).
3) You are ineligible to participate in the Competition or win a prize if you (or any of the Guests (defined below)) are, or become, by any reason of your nationality or otherwise subject to sanctions, debarments or restrictions imposed by (i) applicable law (including without limitation, under the US Export Administration Regulations, International Traffic in Arms Regulations, Foreign Assets Control Regulations, the Patriot Act and any other acts, regulations, statuses and executive orders made from time to time by the US Government); (ii) the US Government; or (iii) any US or international regulatory or competent body (including without limitation, the Federal Aviation Administration, the International Trade Administration, Office of Foreign Assets Control, the Bureau of Industry and Security, and the Department of Treasury), the effect of which would prohibit, limit or restrict your entry into the US or participations in the Prizes. A non-exhaustive list of persons currently subject to such sanctions and restrictions can be found here: https://new.export.gov/consolidated-screening-list and http://www.state.gov/j/ct/rls/other/des/123086.htm.
4) Your entry into the Competition is subject to your acceptance of, and compliance with, these Competition Terms, and any terms contained in applicable promotional material.
Prizes
5) The prizes to be awarded for the Competition are as follows:
(i) one (1) national prize will be awarded per participating jurisdiction (“National Prize”). The National Prize for this jurisdiction is a trip for four (4) people to New Mexico, USA. The prize includes return economy airfares from the winner’s nearest Australian capital city to New Mexico, together with twin-share accommodation in New Mexico (exact hotel and duration of stay to be determined by Land Rover in its absolute discretion), a tour of Spaceport America, and a Land Rover driving experience. Prize must be taken by the date specified by Land Rover in it’s absolute discretion and is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods. ; and
(ii) one (1) bonus prize will be awarded globally (i.e. across all participating jurisdictions running the Competition) (the “Bonus Prize”). The Bonus Prize is a trip to Space with Virgin Galactic for the winner and three of his/her friends (the “Space Flight”). The date of the Space Flight will be determined by Virgin Galactic after the winner has been announced and confirmed. The winner will take a number in the overall queue and be assigned a date accordingly for the Space Flight by Virgin Galactic. Although exact dates cannot be specified yet, the Space Flight will be within the first one thousand (1,000) private space flights taking off from the Spaceport described below. Exact date will be subject to availability and the winner must use all reasonable endeavours to make themselves available for the Space Flight on the day proposed by Virgin Galactic. If agreement cannot be reached in respect of the winner’s availability within seven (7) days of winner notification , an alternate winner may be selected for the Space Flight from the next best entry selected by the judging panel. The Space Flight will take place from Spaceport America, New Mexico USA. You acknowledge and agree that, due to requirements, restrictions and limitations that may be imposed by applicable laws or other regulatory authorities, or where reasonably required by Virgin Galactic in order to comply with its flight safety or operational requirements, it may not be possible for the winner and their Guests (defined below) to be seated together, or travel on the same flight. Land Rover will provide roundtrip coach/economy class air transportation for the winner and their Guests (defined below) from the major airport nearest the winner’s residence to the destination. Virgin Galactic will provide ground transportation between the airport and hotel, and standard hotel accommodation at the Sierra Grande Lodge and Spa or a hotel of the equivalent calibre (two (2) rooms, double occupancy, room rate and room tax only) for 3-4 nights before the Space Flight near the location of the Spaceport, along with the necessary training to enable the winner and Guests to complete their Space Flight. All travel details are at Land Rover’s and Virgin Galactic’s discretion.
6) The National Prize and the Bonus Prize shall together be defined as the “Prizes”.
Prize Requirements, Restrictions and Exclusions
7) The Prizes do not include any costs or expenses relating to the Prize or enjoyment of the Prize not specified in these Competition Terms, including without limitation expenses for food and refreshments unless otherwise specified to the winner in writing.
8) Where a Prize involves travel:
a. It shall not, unless expressly specified to the contrary in these Competition Terms, include taxes, ground transfers, additional transportation, food and beverages, gratuities, incidentals, baggage costs, telephone calls, excursions, charges for changing dates and/or reservations, additional accommodation and any other expenses that might reasonably be incurred by the winner or his/her guests in receiving or using the Prize, unless otherwise specified to the winner in writing.
b. The winner and his/her guests (where applicable) must have, and are solely responsible for obtaining, all necessary identification and/or travel documents and visas required for travel, including, but not limited to, a passport valid for at least 6 months at the time of travel. Land Rover may assist where necessary in its sole discretion;
c. Guests will each be required to execute and return a liability/publicity release prior to travel booking;
d. The winners’ name used for the Competition entry must match valid government issued identification;
e. A valid credit or debit card may be required for security deposit purposes when checking into any hotel included in a Prize;
f. Where any travel insurance is included as part of a Prize, it shall be subject to restrictions and the terms and conditions of the insurance provider and it is the responsibility of the winner and/or guest (where applicable) to meet any additional costs relating to obtaining insurance coverage for any pre-existing medical condition and for any additional costs as may be specified where the winner and/or guest are over a particular age;
g. Land Rover is not responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, third party prize providers or any other persons involved in providing any prize-related goods, services or accommodations;
h. Land Rover will not be responsible for missed flights, trains, coaches etc. for any reason, winner’s failure to book or confirm the same consistent with Land Rover’s instructions, or any resulting expenses;
i. Land Rover is not responsible if the winner and/or their guests are denied entry to, or re-entry from, any aircraft or the United States of America. In such event, the winner and/or their guests will be solely responsible for all additional expenses incurred and may waive participation in the Prize, in whole or in part;
j. The winner and his/her guest(s) (if applicable), must each be at least 18 years of age, and depart from and return to the same departure point and travel together;
k. Itinerary of each Prize to be determined by Land Rover in its absolute discretion; and
l. Frequent flyer points will not form part of a Prize.
9) In the event of war, terrorism, state of emergency or disaster, Land Rover reserves the right to cancel, terminate, modify or suspend the Competition or suspend or modify a Prize.
10) The winners will be exclusively responsible for any potential taxes due as a result of being awarded a Prize.
11) Prizes are subject to availability and Land Rover reserves the right to substitute any Prize for another prize which offers an equivalent experiential benefit (insofar as practicable), at its sole discretion should the specified Prize become unavailable for any reason (or any part of a Prize to the extent divisible).
12) Prizes are non-negotiable, may not be exchanged for any cash or other alternative, are not transferable, divisible, permitted to be sold or resold, or offered for sale by winners or their guests and are not for use in conjunction with any other promotion or offer. Prizes cannot be replaced or refunded in the event of loss, theft or missed opportunity.
13) Any Prize, if won, could result in time off work or study. You should ensure prior to entering the Competition that you are able to take this time off work or study, where necessary. It is the sole responsibility of the winner and/or their guests (where applicable) to arrange time off if necessary.
14) To the fullest extent permitted by applicable law, Prizes will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
15) With respect to the Bonus Prize:
a. By entering this Competition, you acknowledge and accept that the Bonus Prize will be provided by Virgin Galactic and not Land Rover and that Virgin Galactic will be responsible for all aspects of the provision of the Bonus Prize (save only for the roundtrip coach/economy class air transportation from the winner’s country of residence to the airport nearest the Spaceport, which will be provided by Land Rover) and that neither Land Rover nor its associated parties, agencies and related entities shall have any liability for the same.
b. The winner can select three guests who will accompany them on the Space Flight (their “Guests”), subject to final approval by Land Rover and Virgin Galactic. The three Guests selected by the winner on entry i.e. nominated on Facebook, may not necessarily be the three that travel with him/her to Space. All three Guests that are travelling must be aged 18 or over. The winner and Guests must consent to taking part in the Bonus Prize and must be willing to sign an informed consent document, Conditions of Carriage provided to them by Virgin Galactic, undergo medical/health evaluation, security and other clearances, and provide and undertake and any other necessary documentation and/or actions prior to flying.
c. The winner and his/her Guests acknowledge that the Space Flight is a dangerous activity which may result in injury or death, and participate at their own risk. By accepting and participating in the Bonus Prize, the winner and the Guests represent that they are in good physical health, and do not suffer from any condition or injury which might jeopardise their health or safety during participation in the Bonus Prize.
d. Virgin Galactic retains absolute discretion to decide whether the winner and his/her Guests are fit to travel; the winner and their Guests will be subject to a medical screening by a medical practitioner appointed by Virgin Galactic. Neither Virgin Galactic nor Land Rover will be liable to pay compensation to any winner or Guest who is deemed unfit or unable to travel. The winner and Guests will also need to carry out specific training decided upon by Virgin Galactic in advance of the Space Flight. The winner and his/her Guests may be required to have a certain level of health insurance prior to travel on the Space Flight, this will be determined by Virgin Galactic.
e. Land Rover or Virgin Galactic will not be liable to pay compensation to the winner or any of their Guests should the Bonus Prize become unavailable for reasons beyond the reasonable control of either Virgin Galactic or Land Rover or should the winner or any Guests be dissatisfied with the Bonus Prize.
16) With respect to the National Prize, the winner will be required to have a full valid driving licence and meet any other requirements in their local market to be eligible to take up the National Prize.
In the absence of the winner holding a full valid driving licence, another winner may be selected by the judging panel.
Entry Instructions
17) In order to enter the Competition, you must follow the entry process set out below or otherwise indicated in any promotional material.
18) Entry must be made after 00:01 AEST on 03 September 2014 (the “Opening Date”). Entries received prior to this time will not be accepted.
19) Entry must be made before 23:59 AEDST on 31 October 2014 the “Closing Date”). Entries received after this time will not be accepted.
20) All entries are deemed to be entered into the Competition at the time of receipt by Land Rover. Proof of electronic submission will not be accepted as proof of receipt.
21) To enter, you must complete the following steps after the Opening Date but before the Closing Date:
(a) visit the Land Rover website relevant to your country, accessible from http://gotospace.landrover.com/au (“Competition Website”);
(b) follow the prompts to the promotional entry page;
(c) input all of the requested details (including but not limited to your full name, residential address, age, Facebook username, a valid email address);
(d) approve linking the Competition with your Facebook account, when prompted to do so;
(e) provide an answer to the promotional question “Why you are ready to discover” in 70 words or less;
(f) upload either a photograph or a 30-second video demonstrating why you are ready to discover (“Content”);
(g) tag three (3) Facebook friends (provided you first obtain their consent to do so) who you would like to bring on the Space Flight, were you to win the Bonus Prize; and
(h) submit the fully completed entry form.
22) Videos must be no longer than 30-seconds in length. Entries longer than 30-seconds will be cut to the first 30-seconds only. Content must be appropriate for a family audience and in accordance with these Competition Terms. No correspondence will be entered into in respect of the same.
23) Entry is limited to one (1) entry per person.
24) Incomplete or indecipherable entries will not be accepted as valid. Entries that are completed or entered by means not in compliance with these Competition Terms will be disqualified and the entrant may not be eligible for future participation in competitions run by Land Rover.
25) Land Rover 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 Land Rover has reason to believe has breached any of these Competition Terms, tampered with the entry process or engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at Land Rover’s discretion. Failure by Land Rover to enforce any of its right at any stage does not constitute a waiver of those rights. Land Rover’s legal rights to recover damages or other compensation from such an offender are reserved.
26) If there is a dispute as to the identity of an entrant, Land Rover reserves the right, in its sole discretion, to determine the identity of the entrant.
27) The Content must be your own original work, or you must have permission from the creator of the Content to submit it for the purposes of entering the Competition, and permission from all persons featured in the Content for their participation in the submission.
28) By submitting Content for the purposes of entering the Competition, such Content along with all associated copyright and other proprietary rights, become the property of Land Rover upon submission and you hereby assign to Land Rover (by way of present assignment of present and future copyright) all intellectual property rights in and to such Content for use and exploitation for all purposes by Land Rover and its nominees in all media now known or hereafter developed. To the extent that Content may not be assigned to Land Rover due to operation of applicable law, you hereby grant Land Rover the licence to use, copy, edit, distribute, commercialise and otherwise exploit the Content in all media now known or hereafter devised, in perpetuity, with no further payment to you. To the extent permitted by applicable law, you waive all so-called moral rights in and to the Content.
29) By providing an entry, you agree that your entry is gratuitous and made without restriction, and will not place Promoter under any obligation.
30) Land Rover may decide (but shall not be obliged) to post or share select entries received over a particular time period via its various online properties, which may include the Competition Website, YouTube channels, Facebook and other platforms.
31) Land Rover may instruct a third party agency to monitor and review submitted entries and, to the extent that such entries do not meet the eligibility criteria or otherwise infringe these Competition Terms, such agency may disqualify such entries at its discretion.
32) You agree to take any further action (including, without limitation, execution of affidavits, assignments, waivers and other documents) reasonably requested by Land Rover to effect, perfect, or confirm Land Rover’s ownership or rights in and to the Content and any associated proprietary rights.
33) You must have the informed and express consent from all persons featured or appearing in the Content prior to entry, which consent must be evidenced to Land Rover upon demand.
34) Your entry and Content must not contain: (a) anything which may be considered defamatory, inappropriate, offensive, abusive, unlawful, obscene, derogatory, pornographic, sexually inappropriate, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication; (b) anything which infringes or may infringe the intellectual property rights (such as unlicensed music, a company’s logos or branding etc.), privacy or confidentiality rights, personality rights, image rights (such as a picture of a celebrity etc.) or any other rights whatsoever of any third party; (c) anything which denigrates or may denigrate (in Land Rover’s sole opinion) the Land Rover brand, the Competition, the Virgin Galactic brand, or any other third party brand, product or service; (d) swear words, inappropriate language, nudity, violence, imagery or themes of an adult or sexual nature; or (e) any other materials or content which Land Rover considers (in its sole discretion) to be contrary to the nature and spirit of the Land Rover brand or the Competition.
35) You are responsible for mobile and cell data and/or Internet and/or other connection charges for entry.
36) Land Rover reserves the right at its absolute discretion to disqualify entrants that do not comply with these Competition Terms or the spirit thereof or any entrant who it reasonably believes has interfered with the fair running of the Competition.
37) The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly is prohibited. Land Rover reserves the right to disqualify any entrant that it feels has sought to take an unfair advantage over other entrants by using such technologies or otherwise in its sole discretion.
38) Land Rover will not be responsible or liable for: (a) any failure to receive entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, garbled, distorted or damaged transmissions or entries; (c) telephone, electronic, hardware, software, network, Internet or other computer or communications related malfunctions or failures; (d) any contest disruptions, injuries, losses or damages caused by events beyond the control of Land Rover; or (e) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the processing or judging of entries, the announcement of Prizes or in any Competition-related matters.
Winners
39) This Competition is a game of skill and chance plays no part in determining the winners. The Competition involves selection of winners by a judge or judging panel following the Closing Date. The winner of the National Prize in each participating jurisdiction will be selected from all valid entries received after the Opening Date but before the Closing Date in that particular jurisdiction. After submission of an entry on the Competition Site, all valid entries received in a participating jurisdiction will be reviewed by a third party agency to ensure the entries are compliant with these Competition Terms. Once entries are deemed valid by any appointed agency, the National Prize winner will be determined by judges at a local level from all valid entries submitted in that particular participating jurisdiction. A different panel of judges may be used for each participating jurisdiction for determination of the winner of the National Prizes. The winning entries of the National Prizes from each participating jurisdiction will then be reviewed by a global panel of judges who will select the winning entry of the Bonus Prize. The winner of the Bonus Prize will be selected by a panel of judges selected by Land Rover, which panel will include at least one independent person.
40) The relevant judging panel will select the winning entry for each Prize based on a fair objective judging criteria. Entries will be judged on their demonstration of answering the promotional question put forth on the Competition Website and the supporting Content submitted, and the following equally weighted judging criteria: a spirit of adventure, creativity, camaraderie, and passion. The judging panel’s decision shall be final and no correspondence shall be entered into. Your chances of winning depend on your skill in answering the question, the quality of the Content submitted, and meeting the applicable criteria to the satisfaction of the judges. The names of the judges for the Competition are available on request.
41) Land Rover reserves the right to verify the identity and age of a winner and all relevant related parties prior to awarding any Prize. Winners may also be subject to a Criminal Record or associated background check to ensure suitability of representing the Land Rover brand.
42) The winners will be notified online by Facebook, e-mail, or both.The winner of a Prize will have seven (7) days from the date and time the notification was sent to claim a Prize by replying in the way required in the notification. If the winner (or later substitute winner) of a Prize does not respond within this timeframe, Land Rover reserves the right to disqualify the winner and instruct the judging panel to select a substitute winner, at its sole discretion.
43) Third party suppliers of Prizes (including venues) may also often stipulate their own terms, conditions or restrictions and all Prize winners agree to be bound by these. Any Prize which is a voucher may be valid for a limited time and include additional restrictions, and winners must be sure to use the voucher within this time and in compliance with such restrictions.
44) The winner (and any guest of the winner who may be entitled to take part in a Prize) may be required to sign and return any documents reasonably requested by Land Rover including an Affidavit of Eligibility and Liability/Publicity Release (or local equivalent), prior to receiving any portion of a Prize. Failure to return any required document by the date requested will render the potential winner ineligible to receive that Prize. If any documentation is not returned as requested within 72 hours of notification via transmission to the email address provided in the entry or other method, or if a potential winner is deemed ineligible prior to a Prize being awarded, Land Rover may, in its sole discretion, award that Prize to the next alternative potential winner selected by the judging panel.
