BUDGET’S 50TH ANNIVERSARY PROMOTION
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and the prizes form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry.
ELIGIBILITY
2. Entry is only open to residents of Australia aged 25 years or older who hold a full unrestricted Australian driver licence and are able to accept and participate in the Prize as set out in Condition 15 (Entrants). 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. 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 1st cousin.
PROMOTIONAL ROUNDS AND JUDGINGS
3. The promotion starts at 12:00am (AEST) on 7/09/2015 and ends at 11:59pm (AEDT) on 31/12/2015 (Promotional Period).
4. The Promotional Period will be divided into four (4) promotional rounds (each, a Promotional Round) and four (4) corresponding promotional judgings by a panel of appropriately qualified judges (each, a Judging) for the purpose of awarding prizes in this promotion. Entries received during a given Promotional Round will NOT rollover into any subsequent Judging(s). All eligible entries will be judged on a basis of originality and creative merit. Each Promotional Round will have its own specific theme and judging criteria (each, a Theme), which will be posted on the following pages at the commencement of each Promotional Round:
a. The Budget Australia page on Facebook at
www.facebook.com/budgetaustralia (Promotional Facebook Page); b. The Budget Australia page on Instagram at @budget_au (Promotional Instagram Page); and
c. The Promotion page on the Budget website at
www.budget.com.au/turns50, (together, the Promotional Pages)
5. The entrants judged as having submitted the best entries in accordance with these conditions of entry, for each Promotional Round will each be awarded the corresponding prize for that Promotional Round. This is a game of skill and chance plays no part in determining the winners. Judgings will take place at 1 Kent Street, Millers Point NSW 2000. The winners will be notified in writing on the Promotional Pages, where they will be invited to contact the Promoter via the Promoter’s email address at
budgetmarketing@budget.com.au and will be required to provide their full name, residential address, contact telephone number, driver’s license and their current and valid email address to the Promoter. Winners will also be published on the Promoter’s website at
www.budget.com.au/about-budget/news/competition-winners. All reasonable steps to notify the winners of the results of the Judgings will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. Promotional Round and Judging details are as set out in the table below. Promotional Round and Judging details are as set out in the table below.
HOW TO ENTER
6. To enter the Promotion, Entrants must, during a Promotional Round, complete an Entry as follows by either:
Facebook Entry:
a. post a photograph taken by the Entrant that addresses the Theme for the corresponding Promotional Round (as announced on the Promotional Pages prior to each Promotional Round) along with a caption written in twenty-five (25) words or less that elaborates on the applicable Theme, either:
i. directly on the Promotional Facebook Page; or
ii. via comment on a post by the Promoter on the Promotional Facebook Page. For the avoidance of doubt, to ‘comment’ in this context means to select a ‘comment’ icon on the post on the Promotional Facebook Page and to submit a ‘comment’;
b. include the promotional hashtag #BudgetTurns50 in their post; and
c. have their photo accepted as a valid entry. An entry is not complete and accepted until this step has occurred OR
Instagram Entry:
d. become a registered user of Instagram (Entrants who are already registered users of Instagram will not be required to complete this step). Entrants must ensure that their Instagram account is set to ‘public’;
e. visit the Promotional Instagram Page;
f. post a photograph taken by the Entrant that addresses the Theme for the corresponding Promotional Round (as announced on the Promotional Pages prior to each Promotional Round) on their Instagram account, along with a caption written in twenty-five (25) words or less that elaborates on the applicable Theme;
g. include the promotional hashtag #BudgetTurns50 in their post; and
h. have their photo accepted as a valid entry. An entry is not complete and accepted until this step has occurred
7. Multiple Entries are permitted, however each Entry must be substantially unique, must be submitted separately and must independently comply with these Conditions of Entry.
8. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that an Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trademarks or other third party materials (including but not limited to any copyrighted material, trade mark, logo or mark that identifies a brand) as it could result in the Entry becoming invalid for the purposes of this promotion or the Entrant being subject to legal liability. Any Entries that contain content that
the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or that the Promoter considers, in its sole discretion, to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible entries into the promotion.
9. An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their Entry via Instagram or Facebook if the Promoter considers the Entry submitted to be ineligible to be accepted as an eligible Entry (Resubmitted Entry). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as an eligible Entry, is in the Promoter’s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in
its sole discretion, as an eligible Entry, the Resubmitted Entry will be deemed to be the Entry for the Entrant for that Promotional Round. If a Resubmitted Entry is rejected by the Promoter as an eligible Entry, or is not received by the Promoter during the corresponding Promotional Round, the Entrant will not have gained an Entry for that Promotional Round.
10. Entries and Resubmitted Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries and Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries and Resubmitted Entries.
11. As a condition of entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied
by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
12. Entrants acknowledge that in the event that their Entry is judged to be a winning Entry, their Entries will be published on each of the Promotional Pages and they will be required to contact the Promoter via the Promoters email address at budgetmarketing@ budget.com.au in order to claim their prize.
13. Entrants acknowledge that their personal Instagram and/or Facebook page will be updated by entering the promotion and that their Entry or Entries and their name, locality, username and/or profile photograph may be featured on the Promotional Facebook Page, Promotional Instagram Page, on their personal Instagram, on their personal Facebook page and generally on Instagram and Facebook for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
14. Facebook and Instagram membership, pages, applications and use of these platforms generally is subject to their prevailing terms and conditions of use available at
www.facebook.com/policies and
http://instagram.com/legal/terms/#, respectively. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. 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, Facebook and Instagram and their 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 Facebook or Instagram.
PRIZES
15. For each Judgings, the two (2) Entries judged as the best Entries from all eligible Entries received for each corresponding Promotional Round, will each win one (1) prize pack, valued at up to AUD$3,000.00, (each, a Prize). Each Prize comprises of the following:
a. one (1) Jetstar Holidays voucher to the value of AUD$2,500 to be used for flights and accommodation within Australia only; and
b. one (1) Budget car rental voucher to the value of AUD$500 for use within Australia only.
16. Vouchers are subject to their prevailing terms and conditions of use and are not replaceable if lost, stolen or damaged. All vouchers will expire on 15/01/2017 and are forfeited if not redeemed by that date. Total of eight (
Prizes will be awarded in this promotion.
17. It is a condition of accepting a Prize that each winner holds a current full, unrestricted and valid Australian driver licence. All insurance, petrol, fines, tolls and damage costs, and any other related expenses, will be the responsibility of the winners. Only a winner is permitted to drive the vehicle included in the Prize. Entrants with any provisions placed against their licence (including but not limited to being subject to a probationary period) will not be deemed eligible. Each Prize is subject to their prevailing terms and conditions including the Budget Rental Agreement.
18. Each Entrant whose Entry is one (1) of the two (2) best judged Entries for each Promotional Round must confirm their eligibility
to be awarded a Prize and their ability to accept a Prize within three (3) business days of being successfully notified by the Promoter that their Entry has been judged as one (1) of the two (2) best judged Entries for a Promotional Round, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted one (1) of the best judged Entries within three (3) business days of the Judging, or in the event of an invalid Entry or an ineligible Entrant, or
if the Entrant is ineligible to accept the Prize, the Promoter may, in its sole discretion, award the Prize to the next best judged Entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the Prize and ability to participate in the Prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the Prize and ability to participate in the Prize will the Entrant, subject to these Conditions of Entry, be deemed the winner of the Judging.
19. The Promoter reserves the right to request a winner to 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 identity and age of the winner before issuing a Prize.
20. It is a condition of accepting and participating in a Prize that a winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
GENERAL
21. Total maximum prize pool value is up to AUD$24,000.00. Prizes are not transferable or exchangeable and cannot be taken
as cash (unless otherwise indicated). Each Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize values. All prize values are the recommended retail price including GST.
22. Entrants can only enter via one (1) Instagram account and one (1) Facebook account. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Each prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
23. By entering the promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
24. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter’s brands, logos, trading names, products and/or services, the Promotional Pages will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the promotional material and the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
25. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry;
(iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.
26. 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.
27. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of Instagram and Facebook or the information on Instagram and Facebook, 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.
28. If a 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 at the Promoter’s discretion.
29. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), 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 this promotion, the Promoter reserves the right, in its sole discretion, to 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.
30. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law, Schedule 2 of
the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of
the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable).
31. The Promoter collects personal information about an Entrant to include the Entrant in the promotion and, where appropriate, award the prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at:
customer.service@budget.com.au. 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 at:
www.budget.com.au/privacy.
32. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.
33. Promoter: Budget Rent A Car Australia Pty Ltd (ABN 89007 348 021) of Level 1, Tower B, 201 Coward Street, Mascot, NSW 2020. Telephone number: (02) 9578 1000.
Promotional Round
Start date and time (AEST/AEDT)
End date and time (AEST/AEDT)
Judging date and time and winner notification (AEDT)
1
12:00am on 7/09/2015
11:59pm on 30/09/2015
12:00pm on 16/10/2015
2
12:00am on 1/10/2015
11:59pm on 31/10/2015
12:00pm on 20/11/2015
3
12:00am on 1/11/2015
11:59pm on 30/11/2015
12:00pm on 18/12/2015
4
12:00am on 1/12/2015
11:59pm on 31/12/2015
12:00pm on 15/01/2016
Australian Competitions Club
