Discover Magical Kenya – Win a trip to Kenya 2014

1. Information on how to enter, mechanics of how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each Entrant. Entry is via Internet or mobile Internet (carrier’s standard data charges apply) enabled mobile devices only.

2. Entry is open to residents of Australia aged 18 years or older (Entrants), who in the event that they are the winner are able to travel to Kenya in order to participate in the Prize as set out in Conditions 11 to 16. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.

3. The promotion commences at 10:00am (AEDT) on 15/4/2014 and closes at 11:59pm (AEST) on 27/5/2014 (Promotional Period).

4. To enter, Entrants must, during the Promotional Period, log in to any one (1) of the Promoter’s websites, the Promoter’s mobile applications (via their compatible mobile device in the manner required) or any website in the Promoter’s partnership network (each, a Promotional Platform) and;
a. fully and correctly complete and successfully submit the online entry form via the Promotional Platform in accordance with the instructions provided on the Promotional Platform; and
b. provide any applicable personal information required by the Promotional Platform. Such information may include, but is not limited to, the Entrant’s name, residential address, age, gender, current and valid email address and contact telephone number;

(each, an Entry).

5. Multiple entries accepted, however each entry must be submitted separately and must independently comply with these Conditions of Entry.

6. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Entries must be received by the Promoter during the Promotional Period.

7. Any costs associated with accessing a Promotional Platform and entering the promotion remain an Entrant’s responsibility and may vary depending on the Internet service provider, usage plan or mobile carrier used. Any contact details entered incorrectly on a Promotional Platform by an Entrant will deem an Entry invalid.

8. Mobile Internet: If an Entrant uses mobile Internet to participate in the promotion, the Entrant must have the bill payer’s consent to use mobile Internet to participate in the promotion or their entry will be deemed invalid. Accessing mobile content including web-based content may incur data charges. Any external links (such as links clicked through the Apple App Store or Google Play and Promotional Platform features that require Internet connection may also have data charges. Entrants will need to refer to the terms of their carrier contracts for details and costs as costs vary from plan to plan. The charges for all data services will appear on each Entrant’s next mobile phone bill and/or Internet bill (as applicable). All general queries relating to carrier rates or mobile or Internet bills should be directed to the Entrants’ mobile phone carrier or Internet Service Provider (as applicable).

9. Social media: Social media membership, pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. The promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform. If an Entrant uses social media to participate in the promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, the social media platform and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to the social media platform.

10. The draw to determine the winner will take place at 1:00pm (AEST) on 30/5/2014 at the Promoter’s premises. The winner will be notified in writing (email) within two (2) days of the draw and their name and locality will be published in The Australian on 3/6/2014. All reasonable steps to notify the winner of the results of the draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.

11. The first eligible entry randomly drawn from all entries received during the Promotional Period will win one (1) great Kenya Safari pack for the winner and up to one (1) companion aged 18 years or older to be determined by the winner and approved by the Promoter in its sole discretion, valued up to $10,940. The prize includes:

a. Great Kenya Safari plus 3 nights Mombasa Beach Stay for two (2) people valued at $7,840.
b. 7 nights accommodation on safari,
c. 3 nights accommodation in Mombasa,
d. transport in safari minibus,
e. driver/guide,
f. breakfast only in Nairobi, all meals while on safari, and breakfast and dinner in Mombasa,
g. national park fees and bottled water on safari,
h. transfer to Mombasa airport on departure.
i. two (2) return economy flights with Kenya Airways to Nairobi from Sydney via Bangkok. The Sydney to Bangkok leg will be undertaken by codeshare partner Thai Airways and then connecting in Bangkok to Kenya Airways flight to Nairobi valued at $3,100.

12. All Prize elements will be awarded to the winner in the form of travel vouchers (each, a Voucher).

13. Prize is required to be booked and travelled in full between 1 April 2014 and 30 June 2014 OR 1 November 2014 and 8 December 2014 (travel must be completed by 8 December 2014). If for any reason the winner does not take the prize during this time, then the prize will be forfeited. The winner and their companion(s) must travel together and depart from and return to the same departure point and participate in the prize together at all times. The winner and their companion(s) may not accrue frequent flyer points. Participation in the prize and any tickets, passes or vouchers issued as part of the prize may be subject to prevailing supplier terms and conditions of use and may not be replaced if lost, stolen or damaged. The prize cannot be used in conjunction with travel discounts or special offers. All components of the prize are to be arranged by an agent nominated by the Promoter in its sole discretion.

14. All additional costs not expressly stated, but which may be incurred in acceptance and use of the Prize, are the responsibility of the winner and companion (if any). Such additional costs include, but are not limited to airfares not specifically included in the Prize, meals not specifically included in the prize, accommodation, beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, other transfers not specifically included in the prize, missed/delayed flights, taxes including arrival and departure taxes (if applicable), insurance, travel insurance, passports and visas (if applicable). The winner may be required to present a credit card at time of accommodation check-in.

15. The Prize winner is solely responsible for their entry and the entry of their travel companion (if any) into Kenya (as applicable), at their own expense, including ensuring all necessary passports, visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the Prize being forfeited.

16. Taking the Prize is subject to the Rules (if any) and any prevailing terms and conditions of any accommodation/transport/experience/services/transfers/travel insurance or tour providers, and in particular, health, behaviour, age and safety requirements. The winner and their companion(s) (if any) must follow the Rules (if any) and all reasonable directions given by the Promoter and any Prize supplier during the course of their participation in the Prize, including all directions in relation to health, age, behaviour, safety and legal and responsible consumption of alcohol. No compensation will be payable if the winner or their companion(s) (if any) are unable to use any element of the Prize as stated for whatever reason, including refusal of entry or departure into or out of Kenya or other destination, or participation in any other activities for health, age, behaviour or safety reasons. The winner and their companion(s) (if any) must also obey all prevailing laws and regulations of Kenya and any other destination when participating in the Prize. If the winner or their companion(s) (if any) fail to participate in the Prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter or any Prize supplier, the balance of the Prize will be forfeited with no compensation payable

17. The winner and their companion(s) (if any) acknowledge that the Prize may involve a dangerous activity, which may result in injury or death, and participate at their own risk. The winner and their companion(s) (if any): (a) must attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or any Prize supplier as determined by them in their absolute discretion; (b) must declare to the Promoter and/or any Prize supplier any health-related issues that may affect his/her safe participation in any part of the Prize and obtain a written clearance from their doctor in this respect; (c) must not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the Prize; (d) must not be under the influence of any drugs; (e) may consume alcohol in moderation but must not be under the influence of alcohol during any activities to the extent that it impairs or affects their understanding, judgment or participation in the activities, and subject to any limitations of any Prize supplier and the prevailing laws and regulations of Kenya and any other destination in the Prize; (f) must comply with all directions of the Promoter and/or any Prize supplier and relevant officials; and (g) must wear all safety and other equipment required. The Promoter and/or any Prize supplier in their absolute discretion: (a) reserve the right to refuse to allow the winner or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the winner or their companion(s) (if any) poses a safety risk or for any other reason; and (b) may cancel the relevant component of the Prize if the conditions are deemed dangerous. No compensation will be payable if the winner or their companion(s) (if any) are unable to use any element of the Prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour or safety reasons.

18. The Promoter reserves the right to request the winner’s companion (if any) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the companion’s (if any) identity and age before issuing the prize.

19. In the event that the Promoter cannot successfully contact the Participant with the highest cumulative number of points on the leaderboard within seven (7) days of the close of the Promotional Period, or if that Participant is ineligible to accept or declines to participate in the Prize, the Promoter may, in its sole discretion, contact the Participant who received the next highest cumulative number of points on the leaderboard and invite them to participate in the Prize. The Promoter will continue this process until a Participant has been successfully contacted and the Participant has confirmed their eligibility to accept and ability to participate in the Prize. For the avoidance of doubt, only once a Participant has confirmed their eligibility to accept and ability to participate in the Prize will the Participant (subject to these Conditions of Participation) be deemed the winner of the Prize.

20. All Vouchers are subject to these Conditions of Entry and is also subject to prevailing terms and conditions of use, including expiry dates, and is not replaceable if lost, stolen or damaged.

21. The Vouchers are partially redeemable. Any value of a Voucher that is not redeemed prior to expiry or taken for any reason will be forfeited. Any cost in excess of the value of a Voucher will be the responsibility of the winner.

22. Total prize value is AUD $10,940.00. The prize is not exchangeable or transferable and cannot be taken as cash (unless otherwise indicated). The prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any variation in prize value. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The prize value is the recommended retail price including GST (if applicable).

23. The Promoter may conduct a further draw at the same time (AEST) and place as the original draw as is necessary on 1/9/2014 in order to distribute the prize if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner in the unclaimed prize draw, the winner will be notified in writing (email) within two (2) days of the draw. The winner’s name and locality will be published in The Australian on 5/9/2014. All reasonable steps to notify the winner of the results of the unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.

24. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, eligibility to enter and claim the prize, and any information submitted by the Entrant in entering the promotion, before issuing the prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.

25. It is a condition of accepting the prize that the winner and their companion (if applicable) may be required to sign a legal release/s in a form determined by the Promoter in its absolute discretion.

26. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

27. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

28. Caution: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of Promotional Platform or the information on a Promotional Platform, or to otherwise 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. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

29. Copyright and privacy generally: An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and, where appropriate, award the prize. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is the winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation.

30. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at the Promoter’s address. All Personal Information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter.

31. The Promoter will provide to the Entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

32. By participating in the promotion, an Entrant also acknowledges that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with information on special offers or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the Entrant’s Personal Information in the manner set out in this condition.

33. Alternate prize: If the prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.