Visa AP Australia – FIFA World Cup Russia 2018 – Win a trip for 2 to the Fifa World Cup Russia 2018 in Moscow valued at $15,950
TERMS AND CONDITIONS: AUSTRALIA
1. Information on how to enter this promotion and the prizes to be won forms part of these Terms & Conditions. By participating, entrants (“you”) agree to be bound by these Terms & Conditions. Entries must comply with these Terms & Conditions to be valid.
2. The promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 39, International Tower 2, 200 Barangaroo, Sydney, NSW 2000, telephone (02) 9253 8864 (“Promoter”).
3. To participate in the Promotion referred to in clause 6 below, individuals must be residents of Australia aged 18 years or over, and they must be a valid holder of a Visa card. Employees (including contractor staff) of the Promoter and their Immediate Family, and any of the Promoter’s agencies, suppliers or contractors associated with this Promotion and their Immediate Family, 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 first cousin.)
4. The Promoter reserves the right, at any time, in its sole discretion, but shall not be under any obligation, to verify the validity of any entry or any information provided by an entrant (including his or her age, identity, residential address and any other information relevant to entry into, or participation in, this Promotion). If the Promoter, in its sole discretion, carries out any verification, its decision shall be final and you agree not to make any claim or complaint in relation to the same. The Promoter may, in its sole discretion, disqualify any individual who submits an entry that in the sole opinion of the Promoter is not in accordance with these Terms & Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion. Entrants agree and acknowledge that the Promoter shall not be obliged to explain or disclose its reasons for disqualification, and that all disqualification decisions made by the Promoter shall be final and not subject to challenge or inquiry.
5. This Promotion commences at 9:01am (AEST) on 11 April 2018 and ends at 11.59pm (AEST) on 6 May 2018 (“Promotional Period”).
6. To participate in the promotion described in clauses 6 and 7 (the “Promotion”), during the Promotional Period, individuals must:
(a) describe, in 25 words or less in an original and creative way, why the entrant should not miss out on the FIFA World Cup Russia 2018 (“Entry”);
(b) upload the Entry to either Instagram or Facebook as described in clause 7; and
(c) make a purchase transaction (no minimum spend required) from any online retailer that accepts Visa with their Visa card (“Qualifying Transaction”).
7. Individuals must have an Instagram or Facebook account to be able to submit their Entry. The entrant’s Instagram or Facebook account must be in the same name as the Visa card used to make the Qualifying Transaction. Australian-resident entrants can only enter the Promotion through the Visa Australia social media channels described below. To participate in the Promotion, individuals must complete one (1) of the following entry methods:
(a) Instagram Entry:
(i) access and login to their Instagram account. Individuals must ensure that their Instagram account is set to public (not private) in order to be eligible to participate in the Promotion; and
(ii) upload their Entry by adding the Entry as a comment on any Visa Australia Instagram account (with the Instagram handle, @visa_au) posts which includes the text “2018 FIFA World Cup” and “tell us in 25 words or less”
(b) Facebook Entry:
(i) access and login to their Facebook account. Individuals must ensure that their Facebook account is set to public (not private) in order to be eligible to participate in the Promotion; and
(ii) upload their Entry by adding the Entry as a comment on any Visa Australia Facebook page (with the Facebook handle, @VisaAU) posts which includes the text “2018 FIFA World Cup” and “tell us in 25 words or less”.
8. Incomplete transactions, cash out transactions, or transactions that have been reversed or cancelled within seven (7) days of being posted to the cardholder’s account will not be a Qualifying Transaction and will not be eligible.
9. Each entrant warrants to the Promoter that each Entry submitted is an original creative work of the entrant that does not infringe the rights of any third party. All Entries must comply with and are subject to these Terms and Conditions. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
10. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to text, comments and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that is in breach of any intellectual property, privacy, publicity or other rights, defamatory, scandalous, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original work of the entrant or the entrant has the prior consent of any person that has any rights in the Content to submit the Content, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
11. The Promoter may, but is not required to, screen or monitor Entries, including for compliance with the requirements set out above. The Promoter will make all determinations as to the compliance and appropriateness of Entry submissions in its sole discretion. Entrants irrevocably agree and acknowledge that the Promoter may reject, edit or remove any Entry at any time without notice and without assigning any reason whatsoever.
12. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the terms in clauses 10 and 11 above.
13. Only one Entry per entrant is permitted. Each entrant is eligible to win a maximum of one Prize as described in clause 18 below. For the avoidance of doubt, entrants need to make a Qualifying Transaction to be eligible to win. One winner will be selected at the end of the Promotional Period (selected from all Entries received across Instagram and Facebook as set out in clauses 7(a) and 7(b) above during the Promotional Period) ( the “Winner”).
14. This Promotion is a game of skill and not chance. All entries will be judged individually on their merits based on the creativity of their Entries. The best Entries, as determined by the judges, will receive a Prize as described in clause 18 below. All entrants acknowledge and agree that there is an element of subjectivity in the judging criteria. All decisions by the judges will be final and no correspondence will be entertained. Entrants irrevocably agree not to challenge the results of the Promotion or any decision made by the judges.
15. Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by the entrant. The Promoter accepts no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.
16. By submitting an Entry, you grant the Promoter, its affiliates and sub-licensees a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license (“Licence”) to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Entry (which shall include Content), for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media now known or hereafter developed, without any payment, compensation or further notification to or permission from you. You agree to be solely liable for your Entries and all content contained in them. Pursuant to the grant of the Licence as aforesaid, for the avoidance of doubt, you consent to the Promoter, and anyone acting on behalf of the Promoter, doing any act in accordance with the Licence that would otherwise constitute an infringement of any moral or intellectual property rights that you or any other relevant party may have in your Entry.
17. Entrants 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.
18. There is one (1) prize described in this clause 18 (the “Prize”) to be won. The Prize is valued at USD$15,950. The Winner will win a trip for two (2) adults (i.e. the Winner and his/her travel companion) to the FIFA World Cup Russia 2018 (“World Cup”) from 15/06/2018 to 19/06/2018. The Prize includes:
(a) return economy airfares from Sydney to Moscow for two (2) adults
(b) four (4) nights’ accommodation in double-occupancy hotel room (exact accommodation to be determined at the discretion of the Promoter);
(c) two (2) FIFA Category 1 Match 5 tickets to the France vs Australia match on 16 June 2018 with pre-match hospitality;
(d) admission for two (2) to a Centre Circle Tour prior to the match referred to in (c);
(e) Visa Prepaid product valued at $450 USD per package;
(f) guest amenity/gift (to be determined by the Promoter);
(g) group activity (to be determined by the Promoter);
(h) transportation to all scheduled activities; and
(i) access to Visa Events Team support for the duration of the trip.
For the avoidance of doubt, the Prize excludes:
Any additional International/domestic flights, train, car or other travel costs outside of the return economy flights listed above. Any meal, event and/or activity outside of the program schedule including transportation. Additional spending money, additional meals, taxes, insurance, passports, visas, vaccinations, transport to and from departure point in Australia, additional transfers, items of a personal nature, in-room charges, hotel incidentals, translation services, athlete appearances and all other ancillary costs are not included. Prize must be taken to coincide with the World Cup (i.e. during the travel period of 15/06/2018 to 19/06/2018), subject to booking and flight availability. Itinerary to be determined by the Promoter in agreement with the Winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. The Winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation, including a Fan ID The Winner and his/her travel companion must depart from and return to the same departure point and travel together. Prize cannot be separated into separate trips or components. 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. Travel companion must be 18 years or over.
19. It is a condition of accepting the Prize that the Winner and his/her travel companion arrange for, at their own expense, comprehensive and valid travel insurance with the highest available coverage for their period of travel. The Winner and his/her travel companion may be required to provide evidence of appropriate travel insurance prior to the Winner and his/her travel companion availing of, or participating in, any element of the Prize.
20. The Winner and his/her travel companion will be solely responsible for the payment of any change, amendment or cancellation fees incurred as a result of the Winner and/or his/her travel companion changing or cancelling a booking. Any unused portions of the Prize will be forfeited.
21. The Promoter is under no circumstances liable to any entrant, Winner or any third party (whether for damages, loss, refund, alternative prizing or otherwise) for:
(a) any cancellation, suspension, delay or postponement the World Cup (or any part thereof) for any reason, and
(b) any failure, inability or unwillingness by a Winner to attend the World Cup or enjoy the benefit of the Prize for any reason that is not due to a fault of the Promoter (including without limitation any travel ban or health/travel warnings)
22. Tickets to the World Cup, whether awarded as a prize and/or are included as part of a Promotion, must be accepted as awarded and are subject to all of the applicable terms and conditions prescribed to such tickets from time to time by the FIFA World Cup Ticketing Centre. Such terms and conditions are contained in the General Terms and Conditions (which can be reviewed at https://www.FIFA.com). By accepting tickets as a Prize and/or as part of the Promotion, the holder is deemed to have accepted all of the applicable terms and conditions.
23. The World Cup ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the Winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize.
24. Any ancillary costs associated with redeeming the Visa Prepaid product are not included. Any unused balance of the Visa Prepaid product will not be awarded as cash. Redemption of the Visa Prepaid product is subject to any terms and conditions of the issuer including those specified on the Visa Prepaid product.
25. A Prize, or any unused portion of a Prize, is not transferable or exchangeable and cannot be taken as cash. All taxes that may be payable as a consequence of receiving a Prize are the sole responsibility of the Winner.
26. If for any reason the Winner does not take/redeem the Prize (or an element of the Prize) at/by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited.
27. Any costs associated with entering this Promotion are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).
28. The description and stated value of each Prize are provided by the supplier and are correct at the time of publication. Notwithstanding the foregoing, the Promoter reserves the full right to substitute any or all Prizes(s) with alternative(s) of equal or greater value.
29. For the avoidance of doubt, the Promoter will not provide any substitute for a prize if the World Cup (or part thereof) is cancelled, suspended, delayed or postponed, or if the Winner is not able to, fails to, or is unwilling to travel to the relevant destination for any reason not due to the fault of the Promoter (including without limitation any travel ban or health/travel warnings). All travel is at the Winner’s and his/her travel companion’s own risk.
30. Winners will be notified on 7 May 2018 via the social media channel through which they submitted their winning Entry, as follows:
(a) via an Instagram comment on their Entry and on the Visa Australia Instagram account feed (if they enter via Instagram); or
(b) via a Facebook comment on their Entry and on the Visa Australia Facebook page (if they enter via Facebook)
31. Winners must email the Promoter within 48 hours of the time that the Notification was issued by the Promoter to the Winner’s Instagram or Facebook profile, using the email address specified in the Notification. If the Promoter does not receive the Winner’s email within 48 hours for any reason, the Promoter has the sole right and discretion (without the need for further notification) to select an alternative winner and the original Winner will automatically forfeit the Prize in such an event. If any of the Prizes remain unclaimed or un-awarded by 11.59pm (AEST) on 15 May 2018, the Promoter may dispose of those Prizes as it sees fit.
32. Upon receipt of the Winner’s email, the Promoter will provide further instructions (via the same email thread) as to prize redemption. Winners must fully comply with all such instructions as a condition to receiving the Prize. Such instructions will include (but not be limited to) the following requirements:
(a) the Winner must send a reply email to the Promoter (at the stipulated email address), reaffirming acceptance of the Terms and Conditions of the Promotion (a check box or some other method of affirmation will be provided in Promoter’s email)
(b) the Winner must physically and personally attend at Promoter’s representative office to collect the prize, and must produce:
(i) visual verification that he/she is the owner of the Instagram or Facebook account with the winning Entry (such as producing his/her phone for verification);
(ii) original identity documents proving that he/she is an Australian citizen or permanent resident (as applicable) aged 18 years or above (a photocopy will be taken of the documents and retained by the Promoter’s representative for records);
(iii) proof that the Winner made a Qualifying Transaction (for example a copy of a receipt showing that the purchase transaction was an online transaction and identifying the Visa card used for the purchase transaction, and the Visa card used for the purchase transaction, and that the Visa card is in the same name as the Instagram or Facebook account with the winning Entry); and
(iv) any other documents or information that the Promoter may require, as stipulated in the Promoter’s email instructions.
33. Nothing in these Terms and Conditions limits, excludes or modifies the statutory consumer guarantees provided under the Competition and Consumer Act 2010 (Cth), any other implied warranties under any legislation in Australia (“Non-Excludable Guarantees”). Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability 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 this Promotion, including but not limited to where such injury, loss or damage arises out of:
(a) any technical difficulties or equipment malfunction (whether or not under the control of the Promoter);
(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 its 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;
(f) participation in this Promotion; or
(g) the Winner taking or using a Prize.
34. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the control of the Promoter which affect the proper conduct or administration of this Promotion, or prevent the awarding of a prize in accordance with these Terms and Conditions. If such event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, subject to any written directions from a relevant regulatory authority.
35. As a condition of accepting the Prize, the Winner may be required to 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.
36. 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 remove any Content; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
37. Any cost associated with accessing the internet with respect to this promotion is the entrant’s responsibility and is dependent on the Internet service provider used.
39. This campaign is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or 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 Instagram or Facebook. Instagram or 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 campaign (including taking/use of the prize), except for any liability which cannot be excluded by law.
41. The laws of Australia apply to this campaign to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
42. The Promoter reserves the right, at any time, to amend the Terms and Conditions of this Promotion, subject to approval by the appropriate regulatory authorities where applicable.