Visa – Win $1,000 Visa Gift Card
“#NEVERSTOP PHASE 2” PROMOTION – TERMS AND CONDITIONS
August 1, 2014 at 2:02pm
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to residents of Australia. Individuals must have an Instagram, Facebook or Twitter account to be able to enter.
3. Entrants under the age of 18 years must have parental/guardian approval to enter and further, the parent/guardian of the entrant 4. must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. 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.
5. The promotion will be conducted over four (4) weekly entry periods (each a “Weekly Entry Period”), with entries for each Weekly Entry Period opening at 12:00am AEST and closing at 11:59pm AEST on the dates outlined below. There will be a different promotional hashtag featured during each Weekly Entry Period (each a “Weekly Hashtag”), as outlined below. The judging for each Weekly Entry Period will take place at the Promoter’s office on the dates outlined below.
Weekly Entry Period 1
Entries Commence Date: 5 August 2014
Entries Close Date: 11 August 2014
Entries Judged Date: 13 August 2014
Weekly Hashtag: #neverstopthefun
Weekly Entry Period 2
Entries Commence Date: 12 August 2014
Entries Close Date: 18 August 2014
Entries Judged Date: 20 August 2014
Weekly Hashtag: #neverstopsurprises
Weekly Entry Period 3
Entries Commence Date: 19 August 2014
Entries Close Date: 25 August 2014
Entries Judged Date: 27 August 2014
Weekly Hashtag: #neverstopcreating
Weekly Entry Period 4
Entries Commence Date: 26 August 2014
Entries Close Date Date: 1 September 2014
Entries Judged Date: 3 September 2014
Weekly Hashtag: #neverstopstyling
6. To be eligible to enter a particular Weekly Entry Period, individuals must take (or have taken prior to the Weekly Entry Period) an original and creative photograph or video (with videos being no longer than 10 seconds in length) that characterises the theme of the relevant Weekly Entry Period (“Content”). Further information about the theme and Content requirements for each Weekly Entry Period will be available on the Visa Australia Twitter Account, Visa Australia Facebook Page and the Visa Australia Instagram Account (as defined below).
7. To enter a particular Weekly Entry Period, individuals must then complete one the following entry methods during that Weekly Entry Period:
a) access and login to their Instagram account;
b) become a ‘Follower’ of “@Visa_AU” (“Visa Australia Instagram Account”) (if not an existing Follower of the Visa Australia Instagram account);
c) upload their Content, that corresponds with the theme for the relevant Weekly Entry Period, including the relevant Weekly Hashtag and mention “@Visa_AU” in the caption field. Only entries that contain both the Weekly hashtag and mention “@Visa_AU” will be eligible. Individuals must ensure that their Instagram account is set to public (not private) in order to be eligible to participate.
a) access and login to their Twitter account;
b) become a ‘Follower’ of “@VisaAU” (“Visa Australia Twitter Account”) (if not an existing Follower of the Visa Australia Twitter Account);
c) upload their Content that corresponds with the theme for the relevant Weekly Entry Period, including the relevant Weekly Hashtag and mention “@VisaAU” in the caption field. Only entries that contain both the Weekly hashtag and mention “@VisaAU” will be eligible. Individuals must ensure that their Instagram account is set to public (not private) in order to be eligible to participate.
a) visit the Visa Australia Facebook Page at www.facebook.com/VisaAU (“Visa Australia Facebook Page”);
b) become a fan of the Visa Australia Facebook Page by clicking the ‘like’ button (if not an existing fan of the Visa Australia Facebook Page); and
c) as instructed (via the promotional post relevant to the Weekly Entry Period), upload their Content, that corresponds with the theme for the relevant Weekly Entry Period, including the relevant Weekly Hashtag as a Facebook comment to the promotional post. For the removal of doubt, the post must be a direct Facebook comment to the promotional post made by the Promoter in order to be valid. Only entries that contain the Weekly hashtag will be eligible.
Each entrant warrants to the Promoter that each entry and any other Content submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All Content must comply with and is subject to the provisions contained in clause 21. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. 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.
11. 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.
12. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the originality and creative merit of the Content submitted, and how well the Content characterises the relevant Weekly Hashtag. The judges may select additional reserve entries in each Weekly Entry Period that they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
12. The winners will be notified dependent upon their method of entry, as follows: (a) via an Instagram comment on their winning Content and on the “@Visa_AU” Instagram feed (if they enter via Instagram); (b) via a Twitter @reply to the entrants’ Twitter handle on the “@VisaAU” Twitter feed (if they enter via Twitter); or (c) via a Facebook comment and on the Visa Australia Facebook Page (if they enter via Facebook);
14. The best valid entry in each Weekly Entry Period, as determined by the judges, will each win a $1,000 Visa Prepaid card. The total prize pool of the promotion is $4,000.
15. Any ancillary costs associated with redeeming a Visa Prepaid card are not included. Visa Prepaid card cannot be used to withdraw cash. Any unused balance of a Visa Prepaid card will not be awarded as cash. Redemption of a Visa Prepaid card is subject to any terms and conditions of the issuer including those specified on a Visa Prepaid card. See https://your.prepaidcardsupport.net/anzportal/termscondition.do for Terms and Conditions.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
18. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
19. If any prize is unavailable, the Promoter reserves the right to substitute the prize with a prize of equal value and/or specification.
20. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
21. Entrants agree that they are fully responsible for any materials they submit via the promotion. The Promoter shall not be liable in any way for 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 the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, 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 artistic work of the entrant that 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
22. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
23. 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.
24. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
25. Any cost associated with accessing an Instagram or Twitter account is the entrant’s responsibility and is dependent on the Internet service provider used.
26. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
27. 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) use/redemption of a prize.
29. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook or Twitter. Entrants understand that they are providing their information to the Promoter and not to Instagram, 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 Instagram, Facebook or Twitter. Instagram, Facebook or 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 the prize), except for any liability which cannot be excluded by law.
30. As a condition of accepting a prize, each 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. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
32. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
33. The Promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 42, AMP Centre, 50 Bridge Street, Sydney, NSW 2000, telephone (02) 9253 8864.