VISA – Wellington On a Plate – Win a trip for 2 to the Visa WOAP in Wellington valued at $4,420NZD
VISA WELLINGTON ON A PLATE (“Visa WOAP”) PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter this promotion and the prize to be won forms part of these Terms and Conditions. By participating, entrants (“you”) agree to be bound by these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.
2. Entry is only open to residents of Australia, who are aged 18 years or over and who are Visa cardholders.
3. Employees (including contractor staff) of the Promoter and their Immediate Families, and any of the Promotor’s agencies, suppliers or contractors associated with this promotion and their Immediate Families, 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, 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 and 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. 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 are expressly and generally reserved.
5. This promotion commences at 12:01pm on 10 July 2018 and final entries close at 11.59pm on 19 July 2018 (“Promotional Period”). All times are AEST or AEDST, as applicable in New South Wales, Australia.
6. 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.
How to Enter
7. To participate in the promotion, the entrant must complete the following steps during the Promotional Period to submit an “Entry”:
(a) access and login to their Facebook account;
(b) visit the Visa Australia page on Facebook https://www.facebook.com/VisaAU/ (“Visa Australia Page”);
(c) locate the Visa Australia sponsored post which includes the text “Visa Wellington on a Plate” and “…win a mouth-watering trip for two to NZ with Visa”; and
(d) leave a direct comment on the Visa Australia sponsored post describing, in an original and creative way, the person the entrant would take to Visa WOAP and why they would both love a food-filled getaway.
8. Incomplete, indecipherable, or illegible entries will be deemed invalid.
9. Only one (1) Entry is permitted per person.
10. This is a game of skill and chance plays no part in determining the winner. All Entries will be judged individually on their merits based on the originality and creativity of the Entry. The best valid Entry, as determined by the judges, will receive the Prize. 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 entered into. Entrants irrevocably agree not to challenge the results of the promotion or any decision made by the judges.
11. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings 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, 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 they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, 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/creators’ 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.
12. 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.
13. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of clause 11 above.
14. There will be one (1) prize to be won across Australia during the Promotional Period. The total prize value is NZD$4,420.00.
15. The best valid Entry received for the promotion, as determined by the judges in accordance with clause 10 will win a trip for two (2) adults (i.e. the winner and his/her travel companion) to the Visa WOAP in Wellington from 24/08/2018 to 26/08/2018 (“Prize”). The Prize includes:
(a) return economy airfares from the nearest capital city to the winner’s home to Wellington for two (2) adults;
(b) two (2) nights’ accommodation in a double-occupancy hotel room (exact accommodation to be determined at the discretion of the Promoter) including breakfast;
(c) transfer to and from Wellington airport and the accommodation;
(d) two (2) tickets to the Visa WOAP Secrete Chinese Taste Trail on Sunday, 26 August 2018;
(e) two (2) tickets to the Visa WOAP Boomrock Lodge Winter Game Shoot at Boomrock Lodge on 25 August 2018;
(f) vouchers for two (2) cocktails and two (2) Festival Dish at Capitol Restaurant; and
(g) one (1) Visa WOAP goodie bag (exact contents to be determined at the discretion of the Promoter).
Any additional international/domestic flights, train, car or other travel costs outside of those 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 Visa WOAP (i.e. during the travel period of 24/08/2018 to 26/08/2018), 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. 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.
16. 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.
17. 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.
18. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
19. Any costs associated with entering this promotion or claiming the Prize 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).
20. The Visa WOAP ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organizers hereby expressly reserve the right to reject any winner (and/or any companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize. The winner (and any companion) will be responsible for their own transport to and from the event venue and any costs associated.
21. If the Prize (or part of the Prize) is unavailable, the Promoter reserves the full right to substitute the Prize with an alternative prize of equal or greater value and/or specification.
22. For the avoidance of doubt, the Promoter will not provide any substitute for the Prize if the Visa WOAP (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.
23. The judging will commence at 9.00am on 20 July 2018 at the offices of Colenso, 100 College Hill, Ponsonby, Auckland, New Zealand. The Promoter’s decision is final and no correspondence will be entered into. The judges may select additional reserve Entries, which they determine to be the next best, and record them in order, in case of an invalid Entry or ineligible entrant.
24. Winner will be notified via Facebook on 20 July 2018 and requested to provide their email address (“Notification”), following which any communications between the winner and the Promoter will be by email.
25. The winner must contact the Promoter within 48 hours of the time that the Notification was issued by the Promoter, and follow the instructions set out in the Notification. If for any reason a winner does not take or claim the Prize (or an element of the Prize) by the time stipulated by the Promoter, then 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.
26. If the Prize remains unclaimed or unawarded by 11.59pm on 27 July 2018, the Promoter will contact the next best winner in the manner outlined in clause 24, and the next best winner must respond in the manner outlined in clause 25. If the Prize remains unclaimed or unawarded by 11.59pm on 3 August 2018, the Promoter may dispose of those Prizes as it sees fit.
27. The Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the Internet or any other medium.
28. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. All taxes that may be payable as a consequence of receiving the Prize are the sole responsibility of the winner.
29. The winner of the Prize must immediately provide a copy of these Terms and Conditions to his or her chosen companion. By agreeing to participate in the Prize, each companion agrees to be bound by these Terms and Conditions in the same manner, and to the same extent, as the winner.
30. As a condition of accepting the Prize, the winner and their companion may be required to sign legal documentation in the form required by the Promoter and/or prize suppliers, including but not limited to a legal release and indemnity form. The winner will take responsibility for all breaches, acts and omissions of his/her companion which shall be deemed as the winner’s breach, act or omission (as the case may be).
31. By submitting an Entry, you grant the Promoter, its affiliates and sub-licensees a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence (“Licence”) to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Entry, 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. 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.
32. Entrants consent to the Promoter using the entrant’s 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
33. 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.
34. Any cost associated with accessing Facebook is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
35. 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 (“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) exclude 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.
36. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) are not responsible for and exclude 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 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 the Prize.
37. 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 the 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.
38. As a condition of participating in the promotion, all entrants (whether or not a winner) will indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion and its affiliates against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoter and its affiliates may incur arising out of their participation in the Promotion or (if applicable) the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal act or omission in the promotion and/or course of participating in the Prize, howsoever caused.
41. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Terms of Service, which can be viewed at www.facebook.com/terms.php. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to 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 Facebook. 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 Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
42. The laws of New South Wales, Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
43. The promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 39, International Tower 2, 200 Barangaroo, NSW 2000, telephone (02) 9253 8864 (“Promoter”).