http://www.velocityfrequentflyer.com/content/Specials/space-class/index.htm
Virgin Galactic Space Class Competition ("Competition")
How to Enter
To be eligible to enter, Eligible Entrants (as defined in clause 2) must:
(i) between 0:00am AEST 14 April 2014 and 11.59pm AEST 30 June 2014, register at www.velocityfrequentflyer.com/spaceclass, and provide the personal information requested, their Velocity Frequent Flyer number and respond in 200 characters or less to the question "Tell us what you would do for an upgrade to Space Class?" ("Submission"); and
(ii) fly on an Eligible Flight between 1 May 2014 and 30 June 2014 inclusive. "Eligible Flight" means any Virgin Australia marketed flight including any Virgin Australia marketed flight booked as part of a Virgin Australia Holiday package or redeemed with Velocity Points. Eligible Entrants (as defined in clause 2) must provide the Eligible Entrant's Velocity Frequent Flyer number at time of booking the Eligible Flight.
Conditions of Entry
1. Information on How to Enter and win the Space Class Upgrade (as defined in clause
form part of these conditions of entry. Submission of an entry is deemed acceptance of these Conditions of Entry.
2. Subject to clause 3, entry is only open to Australian and New Zealand residents aged 18 years or over who are Velocity Frequent Flyer members at the time of entry. ("Eligible Entrant").
3. Employees (and their immediate families) of the Promoter and agencies associated with this Competition are ineligible to enter.
4. For the avoidance of doubt, as a condition of entry, the Eligible Flight must take place after an Eligible Entrant has registered and submitted the Submission in accordance with
(i) of How to Enter above. 5. Each valid Submission will be individually judged on the basis of its creativity. There will be one (1) winner. Submissions will be judged by 1 August 2014 and the Eligible Entrant with the most creative Submission as determined by the judges in their sole discretion, will be selected as the winning entrant, subject to the requirements of clause 6 ("Selected Winning Entrant").
6. When the Selected Winning Entrant has been confirmed, the Promoter will contact the Selected Winning Entrant (via telephone and/or email address recorded in the Selected Winning Entrant’s Velocity Frequent Flyer account). It is the responsibility of Eligible Entrants to ensure that their registered phone number and email address are correct and up to date. If no contact can be made with the Selected Winning Entrant within 7 business days after the Selected Winning Entrant has been selected by the Promoter the Space Class Upgrade (as defined in clause
will be automatically forfeited and offered to the next judged winning entrant, who will become the Selected Winning Entrant. No Alternative Prize (as defined in clause 17) or cash will be awarded in lieu.
7. Within 14 business days of initial contact with the Selected Winning Entrant, the Selected Winning Entrant will need to be available at a time agreed to by the Promoter and Virgin Galactic (as defined in clause 10) for the purpose of making contact via telephone to confirm eligibility and to undergo an initial medical check regarding the Selected Winning Entrant's medical fitness to participate in a Sub-Orbital Flight (as defined in clause 10) ("Initial Medical Check"). If the Selected Winning Entrant does not pass the Initial Medical Check or is otherwise found to be ineligible, they will be disqualified from the Competition. For the avoidance of doubt, a disqualified Selected Winning Entrant is not eligible to win the Space Class Upgrade (as defined in clause
and no alternative prize (including the Alternative Prize (as defined in clause 17)) will be awarded. For the avoidance of doubt, a Selected Winning Entrant passing the Initial Medical Check is not a guarantee that the Selected Winning Entrant will be medically fit or otherwise able to undertake the Sub-Orbital Flight (as defined in clause 10) when it is scheduled (see clauses 11, 12 and 13). If a Selected Winning Entrant is disqualified, an alternative Selected Winning Entrant will be selected in accordance with the same criteria set out in clause 5. The Selected Winning Entrant who is confirmed as eligible by the Promoter and passes the Initial Medical Check will be the winner ("Winner"). The Winner will be notified within 7 days of confirmation by the Promoter.
8. The Winner will win one (1) reserved seat on the Virgin Galactic Sub-Orbital Flight ("Space Class Upgrade"), valued at AU$250,000.00. Once confirmed, the Winner's name will be published on the Virgin Australia's website and social media pages. The Promoter, Virgin Australia Airlines Pty Ltd and Virgin Galactic (as defined in clause 10) and any of their related corporations can, at their sole discretion, promote and publish the Winner’s name to the media.
9. This is a game of skill and chance plays no part in the determination of the Winner.
10. The Space Class Upgrade is a reservation of a seat for a Virgin Galactic flight on board the SpaceShipTwo, together with such training or other core experiences as are included in Virgin Galactic's standard package to prepare passengers for such a flight ("Sub-Orbital Flight"). The Space Class Upgrade is subject to Virgin Galactic's (as defined in clause 10) standard terms and conditions and conditions of carriage. As a condition of winning the Space Class Upgrade the Winner will be required to enter into a separate agreement with Virgin Galactic, LLC ("Virgin Galactic") in respect of the taking of the Space Class Upgrade. Virgin Galactic's standard terms and conditions and conditions of carriage will be addressed in the separate agreement the Winner enters into with Virgin Galactic.
11. Entrants acknowledge that Virgin Galactic has not operated a spacecraft in commercial Sub-Orbital Flight. The Promoter and Virgin Galactic make no representation, warranty or covenant to commence commercial operations of one or more spacecraft capable of completing a Sub-Orbital Flight within any particular time frame, or even at all. Virgin Galactic reserves the right to suspend, delay or cancel operations for any reason, in its sole discretion, in which case the Space Class Upgrade will be not be available and the Winner will be awarded the Alternative Prize (as defined in clause 17) in lieu of the Space Class Upgrade. If, by 30 June 2024, Virgin Galactic has not notified the Winner of the scheduled Sub-Orbital Flight date and location in accordance with clause 16, the Winner can elect to forfeit the Space Class Upgrade and receive the Alternate Prize in lieu.
12. Entrants acknowledge that laws and regulations may impose conditions, limitations, or restrictions on Virgin Galactic’s ability to operate a Sub-Orbital Flight or to offer Sub-Orbital Flights or the Space Class Upgrade. Such laws and regulations may include conditions, limitations or restrictions on Virgin Galactic in respect of the participation of a Winner. If Virgin Galactic are not able to comply with such laws and regulations by allowing the Winner passage on the Sub-Orbital Flight, Virgin Galactic reserves the right to suspend, delay or cancel operations, in which case the Space Class Upgrade will be not be available and the Winner will be awarded the Alternative Prize (as defined in clause 17) in lieu of the Space Class Upgrade.
13. Entrants agree and acknowledge that passage on any Sub-Orbital Flight cannot be guaranteed and will be subject to the conditions of carriage, which have not yet been determined. Conditions pursuant to which Virgin Galactic may deny a Winner the right to passage on a Sub-Orbital Flight include, but are not limited to, Winner's medical fitness as determined by Virgin Galactic or its representative(s) in advance of any Sub-Orbital Flight, limitations or restrictions imposed by any governmental or regulatory authority, or Virgin Galactic’s determination, in its sole discretion, that Winner's passage presents an unacceptable risk of harm to the Winner, Virgin Galactic, their respective property, or public health or property. If a Winner is denied passage on a Sub-Orbital Flight, the Space Class Upgrade will be forfeited and no Alternative Prize (as defined in clause 17) will be provided.
14. Entrants acknowledge that due to the nature of the Space Class Upgrade, the chance that the Space Class Upgrade may not be available or that an entrant is not able to take the Space Class Upgrade is relatively high.
15. Subject to clauses 11 and 12, if a Winner is not able to take the Space Class Upgrade for reasons within the Winner's control, the Space Class Upgrade will be forfeited and no Alternative Prize (as defined in clause 17) or cash will be offered in lieu. For the avoidance of doubt, circumstances that are within Winner's control and are foreseeable include, but are not limited to, change of mind, failure to enter into a separate agreement with Virgin Galactic pursuant to clause 10, possession of valid travel documents for any country Winner may seek to enter as a point of destination or transit; a pre-existing medical condition of Winner or Winner's close family member or partner of which Winner was aware or should have been aware at the date of delivery of the conditions of carriage to Winner; failure to arrange reliable transportation or to leave adequate time to complete Winner’s journey to the departure point of Winner's Sub-Orbital Flight in order to arrive at least four (4) days (or such longer reasonable period as may be specified by Virgin Galactic) prior to the scheduled departure time of Winner's Sub-Orbital Flight; booking a ticket knowing that Winner will be unable to be carried on a Sub-Orbital Flight because of application of the conditions of carriage (such as restrictions relating to medical fitness); and a pre-existing commitment relating to Winner's employment or business or personal life.
16. Scheduled date and point of departure for the Winner's Sub-Orbital Flight will be determined by Virgin Galactic in their sole discretion. Winner will be provided with written notice of the scheduled date and point of departure by written notice at least one-hundred (100) days in advance, unless otherwise agreed between the Winner and Virgin Galactic. The Winner must arrive at the departure point of Winner's Sub-Orbital Flight at least four (4) days (or such longer reasonable period as may be directed by Virgin Galactic). The Space Class Upgrade does not include fares or travel expenses to or from the point of departure of a Sub-Orbital Flight; accommodations in advance of or following a Sub-Orbital Flight; applicable taxes, fees, and charges imposed by any governmental or other regulatory authority; any related items not included in a standard Virgin Galactic Sub-Orbital Flight; and other similar expenses. As a condition of choosing and taking the Space Class Upgrade, the Winner is responsible for ensuring that they have valid passport, and requisite visa(s), vaccinations, insurance, have any other required travel documentation and that there are no laws or regulations that prevent them from taking the Space Class Upgrade.
17. The Alternative Prize is 1,000,000 Velocity Frequent Flyer points to be transferred to the Winner's existing Velocity Frequent Flyer account ("Alternative Prize"). Entrants acknowledge that the Alternative Prize is of a significantly lesser value than the Space Class Upgrade. The Alternative Prize is subject to the standard terms and conditions of the Velocity Frequent Flyer program as amended from time to time:
http://www.velocityfrequentflyer.com/content/TermsConditions/index.htm. The Alternative Prize will only be awarded under clauses 11 or 12.
18. As noted above, if the Space Class Upgrade is unavailable due to the circumstances set out in clauses 11 or 12, the Alternative Prize will be provided. If the Alternative Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Alternative Prize with another prize to the equal value or specification of the Alternative Prize, unless to do so would be prohibited by law.
19. Maximum one entry per person.
20. If the Winner is disqualified or otherwise found to be ineligible, the Promoter is under no obligation to select an alternative winner but may, in their sole discretion, select an alternative winner. Any alternative winner will be selected on the basis of the criteria set out in clause 5 above.
21. The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age or address) and to disqualify any entrant who submits an entry that is not in accordance with these Conditions of Entry, who tampers with the entry process or who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the competition. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
22. Any entrant found to have
(a) used any form of software or third party application to enter multiple times (including scripting software), or
(b) used a third party (including online competition entry site) to enter on their behalf, will have all entries invalidated and any claim to the Space Class Upgrade or Alternative Prize will be invalidated. If such an entrant is awarded the Space Class Upgrade or Alternative Prize and then found to have breached this clause, the entrant must immediately forfeit the Space Class Upgrade or return the Alternative Prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
23. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Submission and consents to the Promoter doing (or omitting to do) any acts in respect of the Submission which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Submission (s) for any purposes at its discretion, including, without limitation, using the entrant’s Submission (s) for promotional, marketing or publicity purposes, whether in respect of this Competition, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Submission submitted is an original literary work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s Submission being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.
24. Incomplete or indecipherable entries will be deemed invalid.
25. Entrants understand that all Submissions are final and cannot be reversed. Entrants will not be able to contact the Promoter to amend, edit or change their answer in anyway and the Promoter will not provide any details on the status of Submissions. Following lodgement of a Submission no further correspondence will be entered into by the Promoter.
26. The Promoter’s decision is final and no correspondence will be entered into.
27. If for any reason whatsoever beyond the reasonable control of the Promoter, the Competition is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) to cancel, suspend, modify, terminate or cancel the Competition.
28. The laws of Queensland apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Queensland.
29. The Space Class Upgrade and Alternative Prize are not transferable or exchangeable and are not redeemable for cash.
30. Entrants consent to the Promoter using the entrants' names, likenesses, images and/or voices (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter. In accepting the Space Class Upgrade, the Winner agrees to take part and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. As a condition of accepting the Space Class Upgrade (or Alternative Prize if applicable) Winner must not disparage the Promoter or Virgin brand.
31. Nothing in these conditions of entry limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these conditions of entry would contravene any statute or cause any part of these conditions of entry to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these conditions of entry all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the competition, including, without limitation, the following:
(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 Submission 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 Space Class Upgrade or Alternative Prize value to that stated in these Conditions of Entry;
(e) any tax implications; and/or
(f) the Space Class Upgrade or Alternative Prize.
32. The Promoter only collects personal information (“PI”) of the entrants in order to conduct the Competition and may, for this purpose, disclose such PI to agents, contractors, service providers, prize suppliers and as required, regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
http://www.velocityfrequentflyer.com/content/Privacy/index.htm. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Velocity Frequent Flyer member. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
33. The Promoter is Velocity Rewards Pty Ltd ACN 116 089 448 of 56 Edmondstone Road, Bowen Hills, QLD 4006.
Australian Competitions Club
