TERMS AND CONDITIONS:
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in the GET LUXE Andaman Embrace Patong promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.
2. This Promotion is open to all Australian residents aged 18+. By entering, each entrant agrees to receive offers and promotions from GET LUXE and the Promoter.
3. Employees (and their immediate family and/or those living in the same household) of the Promoter, GET LUXE, and their respective affiliates, subsidiaries, agencies and suppliers associated with this promotion 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 1st cousin.
4. The promotion commences at 10:00am AEST on 14th December 2017 and ends at 11.59pm AEST on Sunday 14 January 2018 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
Complete all of the fields in the entry form as hosted on The Urban List, www.theurbanlist.com
6. Incomplete or indecipherable entries will be deemed invalid.
7. The judging will take place at the Promoter, Level 1, 66-68 Cubitt Street, Cremorne, VIC 3121 on Monday 15 January 2018 commencing at 11.00am AEST.
8. One (1) valid entry will be selected for the Major Prize. The Promoter may select an additional reserve entry, in case of an invalid entry or ineligible entrant.
9. The winner will be selected at random.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. Major Prize: The winner will receive the Major Prize. The Major Prize includes:
a) 7 nights accommodation for two in an Andaman Deluxe Room—aka total luxury
b) Return flights (with check-in baggage!) for two
c) Buffet breakfast daily, because you're worth more than instant coffee for breakfast
d) Daily poolside cocktails because you're worth it
e) A 3-course dinner at Twigs Restaurant on the resort grounds
f) A Thai cooking class with the pros so you can take your holiday home, too
In total, the prize is valued at $4,000 AUD.
12. Prize terms and conditions:
a) · The major prize holiday package is valid for travel 1 April 2018 - 31 October 2018. Accommodation is subject to availability at the time of booking. Accommodation is not available during Australian school holidays and other peak travel periods. Blackout dates apply.
b) The prize holiday package must be booked and ticketed by 1 April 2018. To book the prize holiday package, the winner will have to contact the Promoter, and will be subject to the standard booking terms and conditions of the Promoter.
c) Travel is valid for a maximum of two passengers, and one passenger must be the winner. The winner and their travel companion are responsible for connecting domestic flights. This prize is non-transferable, non-exchangeable/non-replaceable and cannot be redeemed for cash, and will expire if not used on the dates referred to above.
d) Airfares based on promotional fares with carry on luggage, maximum allowance $1,250 for two return flights (maximum pricing based on departures ex ADL). Subject to availability. Excludes Australian school holidays and public holidays. Flights are at the discretion of the Promoter and may not fly direct or operate daily from Brisbane, Sydney, Melbourne, Perth or Adelaide. The tickets are for travel in Economy Class. Changes are not permitted after ticketing. The tickets are non-transferable, non-refundable and non-redeemable for cash. Travel is subject to availability at the time of booking and could change without notice. The recipient is responsible for all travel costs relating to airport charges and surcharges. The recipient is responsible for all travel costs to and from the point of departure; all meals, beverages, accommodation, extra activities, spending money, travel insurance, passports, visas, airport transfers, freight, excess baggage, all other ancillary costs and compliance with any health or other government requirements or any other incurred expenses. Further fare rules may apply. No Frequent Flyer miles will be accrued as part of this prize.
e) The following are not included as part of the major prize holiday package: all other out of pocket expenses including domestic flights in Australia, additional meals, beverages, laundry services, spending money, transfers, additional accommodation due to flight schedules, optional excursions, tipping, passports, visas, travel insurance and all other ancillary costs not expressly provided. The costs of obtaining any of these requirements are the responsibility of the prize winner and their travel companion.
f) The winner must take the prizes as described and on the conditions stated in these Terms, and prizes cannot be used in conjunction with any other offer. Entries open to residents of Australia aged 18 years or older
h) · The winning entrant will be requested to share a minimum of 4 images of their holiday on social media as per the below using the hashtag #GETLUXETravel and tagging @GETLUXETravel on both Facebook and Instagram. If the winner does not have a social media account, the winner will provide the Travel Photos by emailing the images to email@example.com
within 7 days of returning from the trip. By providing the Travel Photos to the Promoter, the winner: Grants the Promoter a non-exclusive, royalty-free, worldwide, irrevocable, sub-licensable, perpetual licence to use, modify, delete from, add to, publicly display and reproduce, the Travel Photos, including without limitation, in any online media formats and through any social media channels, pages or accounts; and confirms that all persons appearing in the Travel Photos have consented to the winner providing them to the Promoter to be used in accordance with these terms and conditions.
j) · GET LUXE is not responsible for any loss, damage or injury suffered or claimed (including, but not limited to, indirect or consequential loss or damage, personal injury or death, and direct or indirect loss or damage) by an entrant in relation to entering or participating in this Promotion or taking or using the prizes offered except where that loss, damage or injury was caused by breach of these Terms by the Promoter or the wilful or negligent acts or omissions of the Promoter. To avoid any doubt, the Promoter shall not be liable for loss caused by technical and mechanical malfunction which is outside the control of the Promoter.
All meals, beverages, tours, tips, transfers and any other extras not stated in the Major Prize description in are the sole responsibility of the prize winner (including his/her guest).
The prize is not to be used in conjunction with any other offer and blackout periods or limited availability may apply to special event periods and public holidays. Bookings are essential.
15. The winner will be notified via e-mail, on Monday 15 January 2018. The winner must acknowledge acceptance of and claim their prize by replying to this e-mail with details requested. This must be received by the Promoter no later than 12.00pm AEST on Friday 20 January 2018.
All elements of the prize must be redeemed together, as a package.
16. Where the prize winner is not able to redeem any part of the Major Prize due to physical inability or incapacity, poor weather or any other circumstances beyond GET LUXE or the Promoter’s reasonable control, then the prize (or part thereof) will be forfeited and will not be redeemable for cash, or other prize, goods or services.
17. If a prize (or part thereof) is unavailable at the time of the selection of the prize winner, GET LUXE will supply the winner with a similar prize of equivalent value (as determined by Get Luxe).
18. If for any reason a winner does not acknowledge accept of and claim their prize by 12.00pm AEST on Friday 20 January 2018, the prize will be forfeited and another winner selected.
19. The Promoter shall have no liability for a winner's failure to receive notices due to winner’s spam, junk email or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information.
20. The winner’s contact details will be provided to GET LUXE who will provide offers and promotions communications. GET LUXE will handle the winner’s personal information in accordance with the Privacy Act 1988 (Cth).
21. The Promoter and GET LUXE reserve the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence).
22. The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
23. If there is a dispute as to the identity of an entrant, the Promoter and GET LUXE reserve the right, in their sole discretion, to determine the identity of the entrant.
24. If a winner of a prize is under the age of 18 years, the prize will be forfeited by that entrant, and the next best entry will be awarded.
13. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
14. In the event of war, terrorism, state of emergency or disaster, the Promoter and/or GET LUXE reserve the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
15. As a condition of entering this promotion, each entrant licenses and grants the Promoter and GET LUXE, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
16. As a condition of accepting a prize, each winner must sign any legal documentation in the form required by the Promoter, GET LUXE and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
17. Entrants consent to the Promoter and GET LUXE using their 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or GET LUXE. Entrants also consent to being contacted by the Promoter and/or GET LUXE to discuss the possibility of further promotional activity on social media pertaining to this promotion (including photograph, film and/or recording of the same)
18. Entrants agree to have their email address added to the Promoter’s and GET LUXE’s email lists.
19. 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 and/or GET LUXE, 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
20. 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 Australian Consumer Law and Fair Trading Act 2012 (Vic), as well as any other implied warranties under the ASIC Act 2001 (Cth) 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) excludes 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.
21. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and GET LUXE (including its respective officers, employees and agents) is not responsible for and excludes 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 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of and/or participation in a prize.
23. All entries become the property of the Promoter.
24. The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au/publications/synopses/ds10syn.htm
25. The Promoter is Urban List Pty Ltd (ABN 56 349 266 482), 66-68 Cubitt Street, Cremorne, VIC 3121.
26. GET LUXE provides holiday packages offered by Ignite Holidays Pty Ltd ("GET LUXE") ABN 86 119 314 377. Ignite Holidays Pty Ltd is a licensed travel agent (Licence No. 023 6354 6).