AUSTRALIAN GEOGRAPHIC – KENYA COMPETITION
TERMS AND CONDITIONS
This promotion (the “Promotion”) is brought to you by Australian Geographic (“Australian Geographic”) and hosted via the website found at
www.facebook.com/australiangeographicshop (“Website).
Facebook is not a sponsor of this Promotion.
These terms and conditions together with the general terms and conditions that are applicable to your use of and access to the Website (together the "Terms") govern your use of the Website and set out the rules of participation in the Promotion. By entering the Promotion, you guarantee that you have the authority to accept these Terms and you agree to be bound by the Terms.
In the event of any dispute regarding the Terms, results and all other matters relating to the Promotion, Australian Geographic’s decision will be final and binding and no correspondence or discussion will be entered into. The Promotion commences at 00:01 AEDST on 24 October 2016 and closes at 23.59 AEDST on 24 December 2016 (“Promotion Period”)
QUALIFYING ENTRANTS
On the date of entry, you or the person submitting on behalf of yourself must be a legal resident of Australia in order to be eligible to enter the Promotion (“Qualifying Entrants”).The Promotion is void in countries where it is prohibited by law. Individuals located in a country restricted by applicable controls and sanctions or other laws or regulations as they relate to this Promotion are ineligible to participate in the Promotion. Each entrant must ensure that his or her (or the person whom they are submitting on behalf of) participation in the Promotion (including the acceptance of any prize awarded) is lawful in accordance with the laws of the country of which he or she is a citizen and/or resides, and/or happens to be at the time the entry is made. Australian Geographic shall not be taken to make any representations, express or implied, as to the lawfulness of any individual’s participation, or as to any other aspect of the Promotion.
Employees of Australian Geographic and/or their immediate family are not eligible to enter the Promotion. Australian Geographic does not make any representations, express or implied, as to the lawfulness of any individual’s participation, or as to any other aspect of the Promotion.
RULES OF ENTRY
The Promotion is a game of skill and must be entered as per any instructions set out for the Promotion on the Website. All entries must be received via the Website no later than 23.59 AEDST on 24 December 2016, (the “Closing Date”). No entries will be accepted after the Closing Date. Australian Geographic accept no responsibility for entries which are incomplete, illegible, lost or delayed in transit.
LIKE the Australian Geographic Shop Facebook
Upload a photo or description of your favourite holiday moment. The description must be under 25 words.
Each uploaded photo or description will entitle the Qualifying Entrant to 1 (one) entry into the prize draw.
Applications to participate in the Promotion can only be made via Facebook. All Applications are subject to acceptance by Australian Geographic. The Entrant agrees that Australian Geographic shall not be liable as a result of any refusal or failure to accept an application and no compensation shall be payable to any person in consequence of such action.
By entering the Promotion, Qualifying Entrants agree to have the following details appear publicly on the Website and Facebook: their first name and the first initial of their surname and the photo they have uploaded to the Promotion.
Any Entrant, who fails to abide by any of these Terms or fails to meet the entry criteria set out in these Terms, may be disqualified at the sole discretion of Australian Geographic.
Any posts or photographs uploaded by the Qualifying Entrant (“Material”) must meet high levels of decency and must not include any material which may damage the reputation of Australian Geographic or any third party or that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Any Material which is considered, in Australian Geographic sole discretion, to be offensive, culturally sensitive, provocative, sexually explicit, or otherwise objectionable or of inappropriate content (including, without limitation, any content which contains an image of a competitive product), will be not be eligible for the Promotion.
Without limiting the generality of the foregoing, any content will not be accepted or posted, or may be removed, if Australian Geographic believes, in its sole discretion, that it contains any of the following: (a) competitive products; (b) unsafe behaviour/activity that could result in physical injury or property damage; (c) third party materials that you have no rights to, including content owned by third parties, images of celebrities, third party trademarks, artwork, etc.; (d) illegal activity, including drug use; (e) obscenity or profanity; (f) anything defamatory or libellous; (g) anything disparaging to the Australian Geographic brand, or any of their competitors; (h) anything racist or sexist; (i) anything pornographic or obscene; (j) gambling; or (k) anything in poor taste.
In order to protect privacy rights of others, the Qualifying Entrant must ensure that images of individuals captured in any Material should be incidental only. Where the Material contains images which specifically targets or focuses on any individual/s the Qualifying Entrants must ensure they have obtained consent from that individual/s.
In uploading the Material for entry to the Promotion, the Qualifying Entrant represents, acknowledges and warrants that the photograph is their original creation; has not been copied in whole or in part from any other work, does not violate or infringe any copyright, trademark or other proprietary right of any person or entity (including any rights of privacy or publicity), and that they own all rights, title and interest in the same. By uploading the Material and in consideration for an opportunity for the Material to appear on Facebook and other media channels as determined by Australian Geographic, such opportunity not being guaranteed by Australian Geographic, the Qualifying Entrant grants Australian Geographic and its affiliates a non-exclusive, worldwide license to post the Material on Facebook and used in media outreach, as well as shared via Australian Geographic’s social media and digital platforms so viewers of Facebook may view examples of submitted photos. Australian Geographic reserves the right to randomly select which Material will be displayed on Facebook or other channels and makes no representation that all Materials will be displayed. The Qualifying Entrant further grants Australian Geographic and its affiliates a non-exclusive, worldwide license to use the Materials in any advertising or promotional material relating to this Promotion and any future similar promotions. The Qualifying Entrant hereby releases any right to examine or approve the advertising or promotional material that may be used alongside or the use to which it may be applied. The Qualifying Entrant agrees to indemnify Australian Geographic against any claim arising from any third party as a result of the misuse by the Qualifying Entrant of a third party’s intellectual property rights, copyright, trademarks or images.
Submission of a Facebook Entry to the Promotion (“Entry”) does not indicate the Entry has complied with these Terms. All Applications are subject to acceptance by Australian Geographic. Australian Geographic will review all submissions and reserves the right in its sole and absolute discretion to reject, disqualify and/or remove any Entry (along with the Entrants who submitted them) that violates these Terms or is otherwise inappropriate without any notification or warning. The Entrant agrees that Australian Geographic shall not be liable as a result of any refusal or failure to accept an application and no compensation shall be payable to any person in consequence of such action.
The final judging will take place on Monday 9th January 2017 at 9am AEDST at Australian Geographic, 15 Foster Street, Surry Hills, NSW, 2010. The decision by Australian Geographic as to the Winner shall be final. Australian Geographic may withdraw the Promotion at their discretion.
The Winner will be notified by Australian Geographic via the social media channel they entered the Promotion on. If the Winner does not claim their prize within 48 hours of being notified, Australian Geographic reserves the right to select another winner.
THE PRIZE - UP TO $20,000 VALUE
The Winner will receive the following (collectively referred to as the “Prize”):
Return Economy Class tickets for two (2) adults from your nearest capital city*.
Accommodation for two (2) adults for 7 nights in Kenya on a twin share basis. Prize includes 1 night in Nairobi and 6 nights on safari with Wildlife Safari.
All ground transportation including airport transfers with Wildlife Safari, meals whilst on safari (7 x breakfasts, 6 x lunches and 6 x dinners), national park fees and a domestic flight from the Masai Mara to Nairobi.
*Flights must depart from Melbourne, Perth, Sydney or Adelaide International Airport. Travel outside of these ports is at the winner’s cost. Approximate costing of flights is $4 000 AUD. Blackout periods include December 2016 to February 2017 and June to October 2017. Travel must be booked and completed by 30 November 2017.
The Prize includes nothing other than that expressly stated to be included as part of the Prize. Proof of age may be required before the Prize can be given. Australian Geographic reserves the right to substitute the prize for another prize of equal or greater value, should the need reasonably arise. The Winner and where applicable their guests will be responsible for all other costs and expenses associated with redeeming the Prize including but not limited to travel insurance, accommodation, additional airfares, food, accommodation transfers (other than as provided for under these Terms), all beverages, gratuities, items of a personal nature, visas and vaccinations, passport fees and any other ancillary costs associated with redemption of the Prize.
Flight tickets are non-extendable, non-transferable, non-re-routable, non-endorsable and non en-cashable and shall at all times be subject to availability and Conditions of Carriage.
The Winner and their 1 (one) guest must travel together on the same dates / sectors on both outward and return journeys. If the Winner or where applicable a guest is unable to utilise the flights no cash alternative will be provided. All travel documentation and proof of identity must be up to date and are the responsibility of the Winner and their guests. Frequent Flyer miles are not accruable on the flights.
Nothing in this Agreement requires Australian Geographic to provide transportation to any person except as outlined in “The Prize”.
Except in accordance with and subject to the limitations set out in the Warsaw Convention 1929 (as amended by the Hague Protocol 1955), the Montreal Convention 1999, and its travel documents (including but not limited to airline tickets and airway bills), Australian Geographic accepts no liability to any person for any liabilities, losses, claims, demands, costs or expenses arising directly or indirectly from the utilisation of the Prize provided pursuant to the Promotion.
In the event that the Winner cannot be contacted; fails to confirm acceptance of the Prize within 5 (five) working days of receiving notification; or is ineligible for entry into the Promotion, Australian Geographic reserves the right to substitute them with another Qualifying Entrant of its choice.
The Prize is non-transferable, subject to availability and there is no cash alternative.
All travel is subject to Terms & Conditions of business published by Wildlife Safari and prize winners must maintain generally acceptable behaviour at all times, respecting laws governing Kenya AND prize winners agree to use of their personal images for WSA promotional purpose.
TAXES
The airfares are valued at up to AUD $4000 in total, including taxes, based on peak season travel. No responsibility is accepted for any variation in the value of the Prize according to seasonal fluctuations and ticket type available.
The Winner is solely liable for reporting and paying any and all applicable taxes including but not limited to, personal tax, service tax and other entertainment tax due as a result of winning the Prize and Australian Geographic accepts no responsibility for any tax implications arising as a result of the Prize.
PERSONAL INFORMATION
The Winner of this Promotion agrees to participate in such reasonable publicity as may be requested by Australian Geographic. The Winner agrees to the publication of their respective name, the photo and the caption submitted and country of origin on the Website in connection with the Promotion.
Australian Geographic collect and use the Qualifying Entrant’s personal information (the “Data”) in order to conduct the Promotion and may, for this purpose, disclose or transmit such information to third parties rendering services in relation to the Promotion. In processing the Data Australian Geographic may transfer it to countries which may not afford the same level of data protection as your country of residence. However, in all cases, Australian Geographic undertakes to collect, process, store, save and transfer the Data in compliance with relevant data protection legislation in force from time to time. By entering the Promotion and providing the Data the Qualifying Entrant authorises Australian Geographic to collect and process the Data in this manner.
In consenting to receive the Australian Geographic Newsletter, the entrant Qualifying Entrant authorises Australian Geographic to retain and use the Data and to transmit the Data for the purposes of issuing the Australian Geographic newsletter.
In consenting to direct marketing, the Qualifying Entrant authorises Australian Geographic to retain and use the Data for other direct marketing, which may involve sharing the Data with Australian Geographic offices, authorised agents, Australian Geographic other companies and/or brands, anyone to whom Australian Geographic transfers their rights and duties, third party companies offering related services (including, for example, car rental, hotels, limousines, transfers, ancillary services), governments and government agencies, credit card and other payment card companies, and other airlines or providers of such related services. The entrant’s data will be provided to the prize partners, including Kenya Tourism Board, Qatar Airways, Wildlife Safari and Bauer Media for future promotion.
If a Qualifying Entrant would like to know what Data Australian Geographic is holding about them and/or correct the Data that Australian Geographic hold about them they should contact their local Australian Geographic office.
AUSTRALIAN GEOGRAPHIC LIABILITY
Australian Geographic will not be liable to perform any of its obligations under these Terms where it is unable to do so as a result of circumstances beyond its reasonable control including but not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots or any other circumstances amounting to force majeure. Australian Geographic accept no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
Australian Geographic accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the Winner or where applicable their guest as a result of entering or participating in the Promotion or accepting the Prize. This exclusion does not include any liability for death or personal injury caused solely by the negligence of Australian Geographic.
Participants enter the Promotion at their own risk and agree to indemnify Australian Geographic against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors' fees) and any claim arising from a participants’ own actions in any way in connection with the Promotion or a breach of a participants’ obligations hereunder.
GENERAL
Participation in the Promotion does not confer on the entrant any rights in or over any intellectual property arising in connection with the Promotion. Any Terms which are held to be invalid in any jurisdiction shall whenever allowed by the context be deemed to be replaced by such valid and enforceable terms and conditions whose contents are as close as permissible to those of the invalid or unenforceable Terms. Australian Geographic reserve the right to modify or vary the Promotion and/or these Terms at any time.
Australian Competitions Club
