Minca Cases – Win $100 Voucher (prize valued at $100)

TsCs – Book Direct Stay with Choice Hotels Promotion_10502590_FINAL
© 2019 Gadens Lawyers 1
Terms and Conditions
Promoter Choice Hotels Asia-Pac Pty Ltd (ABN 41 081 959 891, NZ Company Number
916810) of Level 3, 150 Jolimont Road, East Melbourne VIC 3002, Australia and
whose principal place of business in New Zealand is Staples Rodway Ltd, 9th
Floor, 45 Queen Street, Auckland 1010 New Zealand.
Competition
Period
Australia: 12.01am (AEST) on 01/07/2019 to 11.59pm (AEDT) on 31/01/2020.
New Zealand: 2.01am (NZST) on 01/07/2019 to 1.59am (NZDT) on 01/02/2020.
Who can
enter?
Only Australian and New Zealand residents who are aged 18 years or over.
Who can’t
enter?
Directors, officers, management and employees (and their immediate families) of:
(a) the Promoter; and
(b) the agencies, companies or participating premises associated with this
competition.
Where will the
competition
run?
The competition will run in Australia and New Zealand in respect of all Choice
Hotels proprietary channels as listed in the Website, App and Phone sections
below.
Websites www.ChoiceHotels.com
www.ChoiceHotels.com.au
www.ChoiceHotels.co.nz
(each a Website)
App Choice Hotels App, available at https://app.choicehotels.com.au/.
Installation and use of the App is subject to the terms and conditions of the
Choice Hotels App, which may change from time to time.
Phone Choice Hotels contact centre:
Australia: 132 400; and
New Zealand: 0800 803 524.
Choice Hotels Participating Choice Hotels include:
Econo Lodge;
Comfort;
Quality;
Clarion; and
Ascend Hotel Collection.
Eligible Stay An Eligible Stay is a stay that is during the Competition Period at a Participating
Choice Hotel. Guests must book direct via a Website, the App or via Phone to
make an Eligible Stay. An Eligible Stay is any number of consecutive nights at one
New Zealand or Australian Participating Choice Hotel, regardless of check-ins or
check-outs.
Entry
instructions
To enter the major prize draw, you must, during the Competition Period:
(a) book (via a Website, App or Phone) and complete an Eligible Stay;
or
(b) if you are not an existing Choice Privileges member, sign up to become a
member via a Website, App, Phone or at the property reception of any
Choice Hotels location during a stay,
and you will receive one automatic entry into the major prize draw.
In addition:
(a) if you are a Choice Privileges member at the time of your Eligible Stay,
you will receive one automatic bonus entry into the major prize draw;
TsCs – Book Direct Stay with Choice Hotels Promotion_10502590_FINAL
© 2019 Gadens Lawyers 2
and
(b) if your Eligible Stay is booked and completed within the same calendar
month in either July, August, September, October, November, December
2019 and January 2020, you will get an automatic entry into the minor
prize draw for the month in which the Eligible Stay is booked and
completed.
For the avoidance of doubt:
the following will not be eligible for entry into the major or minor draw:
o bookings made prior to the Competition Period that relate to a
stay during the Competition Period;
the following will not be eligible for entry into a minor draw:
o bookings made in one calendar month and completed in another
calendar month, for example, a booking made in July that is then
completed in August; and
o bookings made and completed in February 2020;
an Eligible Stay that is not booked via any of the Websites, the App or
Phone as listed above, such as bookings made directly with a Choice Hotel
or on a third party website, will not be deemed to be a valid entry; and
where a booking is placed on behalf of another person, the person whose
name appears on the reservation confirmation will be considered the
entrant and may be eligible for entry into the major or minor prize draw.
In the event that a confirmed reservation is cancelled or the stay is not completed,
you will not receive the relevant entry/ies into the competition.
Number of
Entries Major draw entry
Become a Choice Privileges member
(with no Eligible Stay)
Or
Be a Choice Privileges member at the
time of your Eligible Stay
1
Book and complete Eligible Stay 1
Minor draw entry
Book and complete Eligible Stay
during same calendar month (either
July, August, September, October,
November, December 2019 and
January 2020)
1
Choice
Privileges
Rewards
Program
Membership of the Choice Privileges Rewards Program (Choice Privileges) (and,
consequently, participation in some aspects of this competition) is subject to the
terms and conditions which apply to Choice Privileges available at
https://www.choicehotels.com/choice-privileges/rules-regulations, as amended
from time to time.
Most stays are eligible to earn Choice Privileges points EXCEPT: rooms booked at
rates below $40 USD per night, certain hotel initiated promotions, reward night
stays, complimentary rooms, rooms paid for as part of a convention or meeting,
rooms booked through a travel agent or third party online retailer including online
travel agencies, wholesale packages, group tours, and stays booked using the
employee discount or the friends and family discount.
How many
winners will
there be and
how will they
be chosen?
There will be up to 8 winners determined in respect of this competition – 7 minor
winners and 1 major winner.
Minor prize draws
There will be 7 minor prize draws conducted. The minor prize draws will be held at
2pm (AEST/AEDT, as applicable) (which is 4pm NZST/NZDT, as applicable) as set
out below.
Draw Draw
date
Entry Period
1 27/08/201
9
Between the start of the Competition Period and 11.59pm
on 31/07/2019 (AEST) (which is between the start of the
TsCs – Book Direct Stay with Choice Hotels Promotion_10502590_FINAL
© 2019 Gadens Lawyers 3
Competition Period and 1.59am on 01/08/2019 (NZST))
(inclusive)
2 24/09/201
9
Between 12am 01/08/2019 and 11.59pm 31/08/2019
(AEST) (which is between 2am 01/08/2019 and 1.59am
01/09/2019 (NZST)) (inclusive)
3 29/10/201
9
Between 12am 01/09/2019 and 11.59pm 30/09/2019
(AEST) (which is between 2am 01/09/2019 and 1.59am
01/10/2019 (NZST)) (inclusive)
4 26/11/201
9
Between 12am 01/10/2019 (AEST) and 11.59pm
31/10/2019 (AEDT) (which is between 2am 01/10/2019
(NZST) and 1.59am 01/11/2019 (NZDT)) (inclusive)
5 07/01/202
0
Between 12am 01/11/2019 and 30/11/2019 (AEDT)
(which is between 2am 01/11/2019 and 1.59am
01/12/2019 (NZDT)) (inclusive)
6 21/01/202
0
Between 12am 01/12/2019 and 30/12/2019 (AEDT)
(which is between 2am 01/12/2019 and 1.59am
01/01/2020 (NZDT)) (inclusive)
7 10/02/202
0
Between 12am 01/01/2020 and 31/01/2020 (AEDT)
(which is between 2am 01/01/2020 and 1.59am
01/02/2020 (NZDT)) (inclusive)
Minor prize draws 1 – 4 will be held at Gadens Lawyers, Level 25, 600 Bourke
Street, Melbourne VIC 3000.
Minor prize draws 5 – 7 will be held at Gadens Lawyers, Level 13, Collins Arch, 447
Collins Street, Melbourne VIC 3000.
The first valid entry drawn randomly in each minor prize draw from the entries
received during the relevant Entry Period will win a minor prize.
Entries received in respect of each minor prize draw will not roll over to
subsequent minor prize draws but will be entered into the major draw.
Major prize draw
The major prize draw will be held at 2pm (AEDT) (which is 4pm (NZDT)) on
20/02/2020 at Gadens Lawyers, Level 13, Collins Arch, 447 Collins Street,
Melbourne VIC 3000.
The first valid entry drawn randomly in the major prize draw from the entries
received during the Competition Period (including previous minor prize winners)
will win the major prize.
The Promoter may draw additional reserve entries in a draw and record them in
order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed
(Reserve Entrants).
What can I
win?
There are 8 prizes available – 7 minor prizes and 1 major prize.
Minor prize
Each minor prize is valued up to AUD 400/NZD 421. Minor prize winners may
choose one of the following prizes:
50,000 Choice Privilege points; or
a 2 night stay at any Australia or New Zealand Choice Hotel, subject to
the following conditions;
o Valid for Two (2) People – standard room (double or twin share);
o Valid for one (1) nights’ accommodation;
o Subject to occupancy levels, seasonality and availability;
o Not available during School Holidays, Public Holidays, Public
Holiday Weekends and special events;
o Voucher is for accommodation only.
Major prize
The major prize is a trip around the world valued at up to AUD 30,000/NZD 31,627
and consists of:
around the world economy airfares (including airfare taxes) departing
from and returning to your nearest Australian capital city or New Zealand
major city (either Auckland, Wellington or Christchurch) (as relevant) up
to 20 international locations or cities of your choice (subject to availability
and confirmation by the Promoter) for the winner and 1 adult companion;
TsCs – Book Direct Stay with Choice Hotels Promotion_10502590_FINAL
© 2019 Gadens Lawyers 4
up to 40 nights’ accommodation in any Choice Hotel for the winner and
their companion (subject to occupancy levels, seasonality and
availability);
AUD 5,000/NZD 5,271 spending money for the winner.
The major prize must be booked and completed by 31/12/2020.
For the avoidance of doubt, accommodation can be booked in multiple Choice
Hotel locations, with a minimum stay in each hotel of 2 nights.
By accepting or participating in any prize or prize element, the winner’s companion
accepts these Terms and Conditions.
Total prize
pool
The minor prize pool is up to AUD 2,800/NZD 2,950.
The major prize pool is up to AUD 30,000/NZD 31,627.
The total prize pool is up to AUD 32,800/NZD 34,579.
How and when
will the
winners be
informed?
Winners will be notified:
by phone; and
in writing,
within two days of determination.
Winners will have their name and state/territory/region of residence published on
the Websites within two business days of the relevant draw, i.e by 29/08/2019,
26/09/2019, 31/10/2019, 28/11/2019, 07/01/2020, 23/01/2020, 12/02/2020 &
24/02/2020 for a period of 28 days.
Unclaimed
prize/s
Prize claim date: 5pm (AEST) on 24/05/2020.
Unclaimed prize determination: 2pm (AEST) 25/05/2020 at the same location
as the original major prize draw.
If a prize has not been accepted or claimed by the prize claim date above or if,
after making all reasonable attempts, the Promoter can’t contact a winner (or a
winner does not contact the Promoter) by the prize claim date above, the relevant
entry/ies will be discarded and the Promoter will re-award the relevant prize/s to
Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and
place stated above to randomly distribute the prize/s. Any winner/s will be
informed:
by phone; and
in writing
within two days of determination. Winner/s will have their name and
state/territory/region of residence published on the Websites by 27/05/2020 for a
period of 28 days.
Collection and
use of your
personal
information
If you are a winner, you and your companion (as relevant) must take part in all
publicity, photography and other promotional activity as the Promoter reasonably
requires, without any compensation. You/your companion consent to the
Promoter using your name/s and image/s in any promotional or advertising
activity.
The Promoter and its related entities collect entrants’ personal information for the
purpose of conducting and promoting this competition (including but not limited to
determining and notifying winners) and for related purposes. Entry into the
competition/acceptance of a prize is conditional upon you providing the requested
information and by entering this competition and/or accepting a prize you consent
to the use of your personal information as described below. The Promoter may
disclose personal information to essential service providers who provide services in
connection with its products and services. This may include disclosures to
organisations outside Australia and New Zealand including in places such as the
United States of America. Entrants may request access to their personal
information by writing to Privacy Officer, Choice Hotels International, Inc. of 6811
E. Mayo Blvd., Suite 100, Phoenix, Arizona, 85054, USA. For full privacy policy,
visit ChoiceHotels.com.au/en/privacy-policy/ or ChoiceHotels.co.nz/en/privacy-
policy/. The Promoter’s Privacy Policy includes information about:
(a) how to seek access to the personal information the Promoter holds about
entrants and seek correction of the information; and
(b) how to complain about a privacy breach and how the Promoter will deal
with such a complaint.
Permit
numbers
Authorised under:
ACT Permit No. TP19/03408
TsCs – Book Direct Stay with Choice Hotels Promotion_10502590_FINAL
© 2019 Gadens Lawyers 5
SA Licence No. T19/831
NSW Permit No. LTPS/19/34891
1 These Terms and Conditions incorporate and must be read together with the details outlined in
the table above. Information about prizes and how to enter forms part of these Terms and
Conditions. By entering, you accept these Terms and Conditions.
Entry
2 Your entry must be received during the Competition Period and will be deemed to be received
only when received by the Promoter. The Promoter is not liable for any problems with
communications networks. You are responsible for your own costs associated with entering. If
you enter using automatically generated entries or multiple phone numbers/email
addresses/addresses/aliases, you may be disqualified.
Prizes
3 Prizes and all elements of prizes must be taken as and when offered or will be forfeited, and if
forfeited, the Promoter will not be liable. Prizes are subject to any additional terms and conditions
imposed by the relevant supplier or the Promoter, including, as relevant:
(a) validity periods;
(b) booking and availability of flights, accommodation and events;
(c) conditions of ticket validity and any restrictions on ticket on-sale or transfer;
(d) travel dates and specified travel exclusion periods;
(e) any additional fees (payable by you) relating to changes made by you/your companion
to a travel prize after it has been booked;
(f) the requirement to obtain all necessary documents to travel to any overseas location
specified, including a current and valid passport and any visas required; and
(g) a requirement to present your credit card when checking in to accommodation.
4 You/your companion are responsible for all other unspecified costs related to the major prize,
including meals, transport, insurance (including excesses), in-room charges, additional taxes,
etc.
5 The Promoter is not responsible for any dispute between you and any person with whom you
choose to, or choose not to, share the prize.
General
6 Any failure by you or (where relevant) your companion to comply with the conditions imposed
by the prize supplier/s may result in the prize being cancelled or withdrawn at any time (including
for the avoidance of doubt, during completion of the prize itself) without liability for the Promoter
or the prize supplier/s.
7 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your
entry (or at the Promoter’s discretion, all of your entries) may be discarded. The Promoter may,
at any time, require you to produce documentation to establish to the Promoter’s satisfaction
the validity of your entries and your ability to comply with these Terms and Conditions (including
documentation establishing your identity, age, place of residence, place of employment and right
to travel to any overseas location specified). Failure by the Promoter to enforce any of its rights
at any stage does not waive those rights.
8 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the
competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of
its related entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
9 Where relevant, you are responsible for your companion and the Promoter may disqualify all
entries from, and prohibit further participation in this competition by, you or your companion if
they breach these conditions, whether or not legally bound by them.
10 The Promoter is not liable for entries, prize claims or correspondence that are misplaced,
misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
11 The Promoter’s decision in connection with all aspects of this competition is final.
12 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for
cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements
TsCs – Book Direct Stay with Choice Hotels Promotion_10502590_FINAL
© 2019 Gadens Lawyers 6
of prizes) must be taken as and when specified, or will be forfeited with no replacement. The
prize values are correct as at the date of preparing these Terms and Conditions and include any
applicable GST. All NZD values are approximate only. The actual NZD value of prize/s won by
NZ winner/s will reflect the AUD to NZD exchange rate on the date of awarding the prize/s. The
Promoter is not responsible for any change in prize value. You agree that if a prize (or element
of a prize) is unavailable for any reason the Promoter may provide another item of equal or
higher value, subject to any necessary approval by the state/territory gaming authorities.
13 By entering, you request that your full address not be published.
14 If this competition cannot run as planned for any reason beyond the Promoter’s control, for
example due to software, hardware or communications issues, unauthorised intervention,
tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the
competition or disqualify affected entries/entrants, subject to any necessary approval by the
state/territory gaming authorities. Where it is practical for it to do so, the Promoter will notify
you of such changes.
15 The Promoter is not responsible for any tax implications arising from you winning a prize. You
should seek independent financial advice. For Australian residents, if for GST purposes this
competition results in any supply being made for non-monetary consideration, you must follow
the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods
and services exchanged are of equal GST inclusive market values.
Liability
16 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under
any statute including the Competition and Consumer Act 2010 (Cth) or the New Zealand
Consumer Guarantees Act 1993.
17 Subject to the previous paragraph, the Promoter and the agencies and companies associated
with this competition are not liable (including in negligence) for any loss (including indirect,
special or consequential loss or loss of profits), expense, damage, personal injury (including
allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection
with this competition or any prize, except for any liability which under statute cannot be excluded
(in which case that liability is limited to the greatest extent allowed by law).
18 Without limiting the previous paragraph, the Promoter and the agencies and companies
associated with this competition are not liable for any loss of, damage to or delay in delivery of
prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise
specified, prize/s will only be delivered to addresses in Australia and New Zealand.
19 This competition is in no way sponsored, endorsed or administered by, or associated with any
social media platform, including Facebook, Instagram and Twitter. You provide your information
to the Promoter and not to any social media platform. You completely release any relevant social
media platforms from any and all liability.