Exodus Travels Australia – Win The Prize (prize valued at $2,500)

Exodus Travels Australia Pty Ltd Trade Promotion Terms and Conditions
Life of Adventure
TERMS AND CONDITIONS
Schedule
Promotion Life of Adventure
Promoter Exodus Travels Australia Pty Ltd ABN 61 141 421 525
Level 5, 163 Eastern Rd
South Melbourne VIC 3025
Phone: 1300 131 564
Email: lday@exodustravels.com
Promotion Website: www.exodustravels.com/au/life-of-
adventure
Promotional Period Start Date:
12:01am AEDT on 11 November 2019
End Date:
11:59pm AEDT on 14 February 2020
Draw Date The Draw will occur at 11:00am AEDT on 18 February 2020.
Computerised drawing system 1224
Prize The Prize is 1 small group adventure trip per year for one
person for 10 years to any of the destinations listed on the
Promotion Website, from time to time and subject to the
exclusions in clauses 14 to 16.
The maximum value of each trip comprising the Prize is
$2,500 and the maximum total Prize value is $25,000.
Permits NSW Permit Number: LTPS/19/39071
SA Permit Number: T19/1760
ACT Permit Number: ACT TP 19/04446
Exodus Travels Australia Pty Ltd Trade Promotion Terms and Conditions
1. Information on eligibility, mechanisms on how to enter, the Prize and the other information in the
Schedule forms part of these Terms and Conditions. Participation in the Promotion, by submitting an
Entry, is deemed acceptance of these Terms and Conditions.
2. Eligibility: Entry is open to Australian residents aged eighteen (18) years or over (Entrants), except for
the following individuals (who are not eligible to participate in the Promotion):
a. employees of the Promoter or any of its Related Bodies Corporate;
b. employees of agents or suppliers of the Promoter or its Related Bodies Corporate, who are
professionally connected with the Promotion or its administration;
c. retailers, suppliers, agencies or any other party related to the Promoter; or
d. immediate family members of any party in clause 2a to c above.
3. How to enter: To enter and be eligible to win the Prize, Entrants must, during the Promotional Period,
complete the steps on how to enter the Promotion at www.exodustravels.com/au/life-of-adventure (the
“Promotion Website”), including but not limited to doing the following:
a. visiting the Promotion Website;
b. once on the Promotion Website, entering their first and last name and email;
c. selecting its country of residence;
d. selecting what style of holiday it is most interested in;
e. selecting its top 3 adventure destinations;
f. agree to these Terms and Conditions and the Promoter’s Privacy Policy and select whether or not
it would like to receive further communications from the Promoter; and
g. submit the entry.
4. There is no cost involved in entering the Promotion, but internet access is required.
5. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of
transmission. All entries are final and able to be amended by the Entrant.
6. Multiple entries: Entrants must enter the promotion in their own name and the Entrant can only submit
one entry.
7. 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 to disqualify any Entrant. Failure by the Promoter to
enforce any of its rights at any stage does not constitute a waiver of those rights.
8. The Promoter is conducting the Promotion in 3 regions of the world:
a. Australia and New Zealand;
b. United Kingdom; and
c. North America,
(Regions).
9. These Terms and Conditions relate to the Promotion in Australia only. There will be one winning Entrant
in each Region. For the avoidance of doubt there will only be one winning Entrant in Australia and/or
New Zealand.
10. Draw: The Prize will be drawn on the Draw Date at the Promoter’s premises in Australia, as
particularised in the Schedule, using a computerised system to draw the winning Entrant.
11. Game of chance: Skill plays no part in determining the winning Entrant and each valid entry will NOT be
individually judged on the basis of the countries selected in the entry. The winning Entrant is the person
who is drawn by a random computerised system draw in accordance with clause 10. Each entry has an
equal chance of winning. The winning Entrant will be confirmed by the Promoter following the Draw (or
any Unclaimed Prize Draw).
12. Prize: Subject to the exclusions in clauses 14 to 16, the winning Entrant will receive one small group
adventure trip (Trip) per year for one person for 10 years to the destinations of its choosing in
accordance with this clause 12 (Destination). Each Trip will be a current trip that the Promoter is
offering to a Destination at the relevant time. The Trip will be to the Destination chosen by the Entrant
at the start of the relevant year, If the winning Entrant wants to select a Trip valued at over $2,500, it
acknowledges and agrees that the Prize only includes Trips up to the value of $2,500 and it must pay any
amount above $2,500, in accordance with the payment terms notified by the Promoter to the winning
Entrant.
Exodus Travels Australia Pty Ltd Trade Promotion Terms and Conditions
13. Subject to the inclusions in the notes relevant to each Trip (Trip Notes), Trips offered by the Promoter
may include breakfasts, accommodation, all tour-related transport (including between the
accommodation and the relevant Destination), activities, a tour guide or leader and arrival and
departure transfers to and from the accommodation. This clause is intended to provide Entrants with an
indication only as to what may be included in each Trip. The Trips forming the Prize will comprise the
inclusions in the relevant Trip Notes, as at the date the winning Entrant books the relevant Trip in
accordance with clause 15. Any accommodation included in the Prize will be arranged by the Promoter
or an agent nominated by the Promoter and will be subject to availability.
14. Unless otherwise specified in the Trip Notes for a relevant Trip, the Prize will NOT include travel (for
example, flights) from your place of residence to the starting point of each Trip, accommodation prior
to, or after, the relevant Trip, single supplements, private transfer costs, travel insurance or any other
item which is not expressly stated as included in the relevant Trip Notes, as at the date the winning
Entrant books each Trip in accordance with clause 15.
15. The winning Entrant has 10 consecutive calendar years from 1 January 2020 to 31 December 2029 to
take their Trips but may only take one Trip per calendar year. Trips are contingent on availability and
certain reasonable travel restrictions such as holiday “black-out” dates or other periods as such are
applied from time to time by the Promoter. Dates of travel are subject to change at Promoter’s sole
discretion. The winning Entrant may book a Trip at any time during the 10 consecutive years for any
available dates available on the Promotion Website. The first Trip is available for the winning Entrant to
take between 1 January 2020 and must be used by 31 December 2020. If the Trip for a particular
calendar year is not used, during that calendar year, then that Trip will be forfeited in its entirety.
16. Entrants are responsible for any and all expenses incurred accessing, claiming and/or using the Prize
other than those costs expressly included in the Trip Notes (any information, notes or documents
provided by the Promoter to the winning Entrant in relation to a Trip at or around the time it books a
Trip).
17. The winning Entrant must take out comprehensive travel insurance in respect of each of the Trips.
18. The Promoter’s decision is final with respect to the winning Entrant. The Prize will be awarded in the
name of the winner.
19. Promotional Period: The promotional period commences on the Start Date and concludes on the End
Date, as per the Schedule (Promotional Period).
20. Redemption Period: The Redemption Period, during which the Prize may be claimed commences on the
Draw Date and ends 3 months after the Draw Date, being 18 May 2020. The Promoter will make all
reasonable attempts to contact the winning Entrant. If the winning Entrant does not claim the Prize
within the Redemption Period, the Prize will be deemed to have been forfeited.
21. Entrants consent to the Promoter using their name, 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 the Promotion (including any outcome), and promoting the
Promotor’s business and any services or products provided or offered by the Promoter.
22. Venue: The Draw for the Promotion, as the case may be, will take place at the Promoter’s premises.
23. Scrutineer: If required by a regulatory authority, the Draw (and any Unclaimed Prize Draw) will be
conducted in the presence of an independent scrutineer.
24. Unclaimed Prize: If the Prize is unclaimed by the winning Entrant during the Redemption Period, an
Unclaimed Prize Draw will take place on the first business day after the expiry of the Redemption Period
on 19 May 2020 at the same time, place and manner as the original Draw, subject to any directions from
a regulatory authority.
25. The Promoter may, without the need to seek approval from the relevant regulator in NSW Australia,
conduct the Unclaimed Prize Draw 3 months from the original Draw at its premises, as is necessary in
order to distribute the Prize, subject to any written directions given under applicable legislation.
26. The winning Entrant of the Unclaimed Prize Draw, if any, will be notified by email within 48 hours of the
Unclaimed Prize Draw.
27. Unavailable Prize: If the Prize is unavailable and the Promoter has used all reasonable efforts to arrange
the Prize, the Promoter can, in its absolute discretion, reserve the right to substitute the Prize with a
prize of equal value and/or specification, subject to any written directions from a regulatory authority,
Exodus Travels Australia Pty Ltd Trade Promotion Terms and Conditions
and to the maximum extent permitted by law, the Promoter will have no liability to the winning Entrant
for any substation of the Prize.
28. Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the
Promoter may redraw or decide on another winning entry.
29. Travel: Where travel is awarded as a prize, the components of each Trip must be taken together when
offered or are forfeited. Once a Trip has been confirmed, unless otherwise agreed by the Promoter, it
cannot be transferred to another date.
30. Dangerous activity: Where the Prize involves dangerous activity, the winning Entrant acknowledges the
inherent risk in such activity and further acknowledges that use of the Prize may result in injury or death.
The winning Entrant participates in the activity at their own risk. In claiming and making use of a Prize
which involves dangerous activity, the winning Entrant must:
a. 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. 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. 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. not be under the influence of any drugs including alcohol;
e. comply with all directions of the Promoter and/or any Prize supplier and relevant officials; and
f. wear all safety and other equipment required.
31. The Promoter and/or any Prize supplier in their absolute discretion:
a. reserve the right to refuse to allow the winning Entrant or their companion(s) (if any) to take part
in any or all aspects of the Prize if they reasonably believe the winning Entrant or their
companion(s) (if any) represent a safety risk or for any other reason; and
b. may cancel the relevant component of the Prize if the conditions are deemed dangerous.
32. No compensation will be payable if the winning Entrant is 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.
33. THE PRIZE IS NOT TRANSFERABLE AND NOT REDEEMABLE FOR CASH.
34. Notification: The winning Entrant (and/or any subsequent winning Entrant, where an Unclaimed Prize
Draw is held) will be announced within 48 hours of the Draw or the Unclaimed Draw, as applicable. The
winning Entrant will be notified by email.
35. Publicity: The winner’s full name, social media handle, username, nickname and/or alias and their
address (suburb and city only) will be published on the Promotion Website on the day of the Draw
and/or on the day of the Unclaimed Prize Draw for a period of 28 days after the Draw and/or Unclaimed
Prize Draw. The winning Entrant consents to the publication of such information.
36. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they
are the winning Entrant (including photograph, film and/or recording of the same) in any media for an
unlimited period without remuneration for the purpose of promoting the Promotion (including any
outcome), and promoting the Promotor’s business and any products manufactured, distributed and/or
supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable
promotional activities in relation to the promotion as requested by the Promoter and its agents.
37. Liability: Except for any liability that cannot by law be excluded by law, the Promoter (including its
respective officers, employees and agents) will not be liable to any Entrant for, and the Entrant
indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all
expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
a. any act or omission of the Entrant;
b. any breach of these Terms and Conditions by the Entrant;
c. any of the exclusions listed in clauses 14 to 16;
d. any personal injury or loss;
e. claiming the Prize;
Exodus Travels Australia Pty Ltd Trade Promotion Terms and Conditions
f. use of the Prize in any way;
g. any Entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or
not after their receipt by the Promoter) due to any reason beyond the reasonable control of the
Promoter; or
h. any tax liability incurred by a winning Entrant.
38. Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be
liable under these Terms and Conditions for any consequential, special or indirect loss including but not
limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss
of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated
savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of
data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
39. The Promoter accepts no responsibility for late, lost, delayed, corrupted or misdirected entries, claims or
correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction,
transmission interruption, communications failure or otherwise. The Promoter has no control over
communications networks or services, the Internet, or computer or telephone networks or lines and
accepts no responsibility for any problems associated with them, whether due to traffic congestion,
technical malfunction or otherwise.
40. To the maximum extent permitted by law, as a condition of accepting the Prize, the winner must sign
any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers,
including but not limited to a legal release and indemnity form.
41. Online Entrants: In the event that a dispute arises as to the identity of an Entrant, the entry will be
deemed to have been submitted by the authorised account holder of the email address. The authorised
account holder means the natural person who is assigned to an email address by an Internet access
provider, online service provider, or other organisation that is responsible for assigning email addresses
for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter
with proof that such party is the authorised account holder of the email address associated with the
entry.
42. Personal information: The Promoter collects personal information in order to conduct the Promotion
and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose,
collect, use and disclose such information to third parties, including but not limited to agents,
contractors, service providers, Prize suppliers and as required, to regulatory authorities. Entry is
conditional on providing this information. Entrants should direct any request to opt out, access, update
or correct information to the Promoter. All entries including the personal information in them becomes
the property of the Promoter.
43. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with
the normal functioning of the Promotion Website, or the information on the Promotion Website, or to
otherwise undermine the legitimate operations of the 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 Terms and Conditions or any other legal obligation by an Entrant,
the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
44. Linked Sites: The promotional platform may contain links to other websites (Linked Sites). The Promoter
does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed
on the promotional platform are for the Entrants’ convenience only and the Entrant agrees to access,
use and otherwise deal with Linked Sites at their own risk.
45. 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. Unless otherwise indicated in
these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or
associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter
and Pinterest. 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. By participating in the Promotion, the Entrant releases Instagram, Facebook,
Exodus Travels Australia Pty Ltd Trade Promotion Terms and Conditions
Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses,
including costs of litigation and reasonable legal costs associate with the Promotion.
46. General: Unless the contrary intention appears, a reference in these terms or in any advertisement
relating to the promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency
of Australia.
47. Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any
obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force
Majeure, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant
with the Prize, the Promoter can in its absolute discretion, subject to any written directions made under
applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, to
provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give
public notice of such an event and that the Promotion has been cancelled, terminated, modified or
suspended. The term Force Majeure means any event or circumstance beyond the Promoter’s
reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other
similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections,
riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs,
tampering, unauthorised intervention, technical failures or anything which corrupts or affects the
administration, security, fairness, integrity or proper conduct of the Promotion. The Promoter will use
reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission
will be deemed within the reasonable control of a party if committed, omitted, or caused by such party,
or its employees, officers, agents, or affiliates.
48. Delivery: The Promoter will deliver the Prize within 14 days of the Draw Date.
49. Amendments: These Terms and Conditions may be amended or replaced from time to time if required
by any regulatory authority, or as otherwise required by the Promoter and published on the Promotion
Website.
50. Jurisdiction: These Terms and Conditions are governed by the laws of the ACT, NSW and South Australia
(as applicable) and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of
the ACT, NSW and South Australia.
51. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter
and any Entrant (including the winning Entrant) and supersede any prior agreement, understanding or
arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in
writing.
52. Representations: The Promoter excludes all, warranties, guarantees or representations (whether
express or implied) except as expressly provided in these Terms and Conditions.
53. Last updated: 9 October 2019.
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.