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Official Rules
Expedia® FriendTrips™ Promotion and Conditions
Information on how to enter, the prizes and rules for redeeming the prizes form part of the terms and conditions of entry for the Promotion. By participating in the Promotion you indicate your full and unconditional agreement to and acceptance of these terms and conditions ( Terms), any other notices referenced herein and the Promoter’s decisions, which are final and binding.
The Terms include:
1. the Promotion Specific Terms & Conditions set out in Part A below;
2. the Schedule of Prizes set out in Part B below; and
3. the General Terms & Conditions set out in Part C below.
In these Terms, the term "you" refers to any person who participates, or proposes to participate, in the Promotion.
Part A – Promotion Specific Terms & Conditions
No.
Item
Details
A.1
The Promoter
The Promoter is Expedia Australia Pty Limited ACN 101 694 946 of Suite 1, Level 2, 77 King Street, Sydney NSW 2000.
The Promoter does not own or operate the websites located at
www.expedia.com.au and
www.expedia.co.nz.
The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter.
A.2
Entry Period
The Entry Period:
(a) commences at 00:06:01 AEST on Monday, 29 August 2011; and
(b) closes at 23:59:59 AEST on Sunday, 9 October 2011,
unless the Promotion ends earlier in accordance with these Terms.
Entries submitted before or after the Entry Period will not be eligible. The Promoter’s computer is the official time-keeping device for the Promotion.
A.3
Who may enter
(a) Entry to the Promotion is open to legal residents of Australia and New Zealand only who are aged 16 years or older at the date of entry and who otherwise meet the criteria set out in these Terms.
(b) Employees and officers of the Promoter, the agencies associated with this Promotion, and their immediate family members are not eligible to enter the Promotion or to be awarded any prizes in connection with the Promotion.
A.4
How to enter
To enter the Promotion, during the Entry Period you must visit
www.facebook.com/expedia.com.au, access the Promotion Application on Facebook, “Like” Expedia.com.au (if you do not already) to access and complete the online entry form, and follow the instructions as set out in this paragraph A.4.
Entry to Grand Prize Trips Draw
At the end of the Entry Period, there will be a Grand Prize Trips Draw at which each of the Trips described in Part B of these Terms will be awarded to the winning eligible entrants. For your chance to win one of the Trips, you must pilot a plane in accordance with these Terms and as follows:
(a) Through the Promotion Application on Facebook, you will be invited to “pilot” a virtual plane with five (5) friends on one (1) of the featured Trips. Follow the instructions to invite your friends to join your virtual plane through Facebook. Your friends must be residents of Australia or New Zealand and must otherwise meet the criteria set out in these Terms. If you are a minor in your jurisdiction of residence, at least one (1) person on your plane must be your parent or legal guardian.
(b) Although you may retract an invitation before a friend has accepted it, you may not retract an invitation after a friend has accepted it. Your entry will be complete when five (5) friends (“Passengers”) have accepted your invitation and are on your plane. At that point, the Passengers on your plane cannot be changed. Each full plane you pilot will represent one (1) entry for that Trip in the Grand Prize Trips Draw, unless you get a “First Class” or “Private Jet” upgrade as described in paragraph (c) below.
(c) To be eligible for an upgrade, when you participate in the Promotion, you will have the opportunity to invite other people to participate by sending them an invitation through the Promotion Application. Each unique eligible person to whom you send an invitation is then known as an “Invitee”:
§ If twenty-five (25) of your unique Invitees then enters the Promotion for the first time by piloting a plane after the date on which they receive your invitation, you will receive “First Class” status and each of your full planes at that date will receive two (2) entries in the Grand Prize Trips Draw for the relevant Trip(s).
§ If fifty (50) of your unique Invitees then enters the Promotion for the first time by piloting a plane after the date on which they receive your invitation, you will receive “Private Jet” status each of your full planes at that date will receive three (3) entries in the Grand Prize Trips Draw for the relevant Trip(s).
You may pilot planes to multiple locations, but you may only pilot one (1) plane per Trip. You can also be a Passenger on other pilot’s planes.
If the Promoter becomes aware, or has reason to suspect (in its reasonable opinion), that you have:
(a) registered for more than one Facebook account; or
(b) created false accounts for the purpose of participating in this Promotion; or
(c) otherwise engaged in conduct which impacts on the fairness, integrity or proper conduct of this Promotion,
the Promoter may, in its absolute discretion disqualify your participation in the Promotion.
Entry to Weekly Prize Draws
At the end of each week during the Entry Period, there will be a Weekly Prize Draw at which four (4) eligible entrants will each be awarded a credit of AU$100 to their Expedia.com.au or Expedia.co.nz account (as applicable) (each a “ Website Credit Prize”).
For your chance to win one of the Website Credit Prizes, you must do one (or more) of the following:
(a) Start a Trip or Fly on Someone Else’s Plane: Every time you pilot a place or accept an invitation to fly on someone else’s plane, you will receive one (1) entry into the next Weekly Prize Draw for the week you started piloting the place or accepted the invitation (as applicable).
(b) Submit a Photo: Submit a photo related to any of the Trip destinations. See the “Requirements for Photos and Stories” in section C.5 below for additional requirements. Every time you submit six (6) photos in one day you will receive one (1) entry into the next Weekly Prize Draw. There is a limit of six (6) photos per person per day. Each photo must be unique and must not exceed three (3) megabytes. The Promoter reserves the right to refuse to post, or to otherwise remove, any photo for any reason. You will not receive an entry if the Promoter refuses to post or takes down your photo.
(c) Submit a Story: Submit a story related to any of the Trip destinations. The story may not exceed six hundred (600) characters (including spaces). See the “Requirements for Photos and Stories” in section C.5 below for additional requirements. Every time you submit a story you will receive one (1) entry into the next Weekly Prize Draw. There is a limit of six (6) stories per person per day. Each story must be unique. The Promoter reserves the right to refuse to post, or to otherwise remove, any story for any reason. You will not receive an entry if the Promoter refuses to post or takes down your story.
(d) Vote for Photos and Stories: You will have the opportunity to vote for your favourite photos and stories submitted by other entrants in the “Rating Game”. The Rating Game consists of six (6) rounds in which you will be asked to vote for your favourite one of two (2) randomly selected photos that were submitted and posted during the last 7 days. You may play the Rating Game up to six (6) times per day. Each time you play, you will receive one (1) entry into the Weekly Prize Draw. Attempts at additional plays will be disqualified
No purchase is necessary and a purchase will not increase your chances of winning.
A.5
Prizes and Winners
A total of 22 prizes will be awarded in relation to the Promotion, as follows:
(a) A total of 16 Website Credit Prizes will be awarded in in connection with the Weekly Prize Draws, being 4 prizes awarded at the end of each week during the Entry Period, with the Entry Period being 4 weeks in duration; and
(b) A total of 6 prizes will be awarded in connection with the Grand Prize Trips Draw, being each of the Trips set out in Part B of these Terms.
Each Trip will be awarded to one eligible prize winner (each a “Trip Winner”). The Trip Winner may then choose five (5) people to accompany him/her on the Trip (“Trip Companions”).
The Trip Winner is not required to choose any of the Passengers on the relevant plane as Trip Companions and the relevant Passengers shall not be entitled to participate in the Trip unless selected by the Trip Winner.
A.6
Prize Value
In relation to the total prize pool value (for lottery permit application purposes only ):
(a) the maximum total value of the Trips to be awarded in connection with the Grand Prize Trips Draw is approximately AU$264,000.
(b) in the maximum total value of the Website Credit Prizes to be awarded in connection with the Weekly Prize Draws is AU$1,600.
The Promoter takes no responsibility for any variations in prize values.
A.7
Method to Determine Winners
(a) All prize winners will be determined by random draws. The draws will be conducted by the Promoter.
(b) All eligible entries for the Grand Prize Trips Draw will be allocated to the draw at the end of the Entry Period.
(c) All eligible entries for the Weekly Prize Draws received during weekly cycle during the Entry Period will be allocated to the draw for that period. Entries for a Weekly Prize Draw that are allocated to one draw will not carry forward into any subsequent draw.
A.8
Time and Place of Draws
(a) The Grand Prize Trips Draw will be held at 11 am (AEST) on Monday, 17 October 2011.
(b) There are a total of 4 Weekly Prize Draws to be held in this Promotion. In relation to entries for the Weekly Prize Draws received from:
00:06:01 AEST on Monday, 29 August 2011 to 23:59:59 AEST on Sunday, 4 September 2011:
the prize draw will occur at 11 am on Tuesday, 6 September 2011;
00:00:00 AEST on Monday, 5 September 2011 to 23:59:59 AEST on Sunday, 11 September 2011:
the prize draw will occur at 11 am on Tuesday, 13 September 2011;
00:00:00 AEST on Monday, 12 September 2011 to 23:59:59 AEST on Sunday, 18 September 2011:
the prize draw will occur at 11 am on Tuesday, 20 September 2011;
00:00:00 AEST on Monday, 19 September 2011 to 23:59:59 AEST on Sunday, 25 September 2011:
the prize draw will occur at 11 am on Tuesday, 27 September 2011.
(c) The Grand Prize Trips Draw and each of the Weekly Prize Draws will take place at the office of the Promoter as set out in paragraph A.1.
A.9
Prize Winner Notification
All prize winners will be notified by e-mail and SMS within 2 business days of relevant draw, using the contact details provided when entering the Promotion.
A.10
Prize Winner Publication
The details of prize winners will be published in The Australian on Friday, 21 October 2011.
A.11
Permit Numbers
The Promotion is authorised under:
(a) NSW Permit No. LTPS/11/07949
(b) ACT Permit No. ACT TP 11/03472
(c) Vic Permit No. TP 11/1751
(d) SA Permit No. T11/1736
Part B – Schedule of Grand Prize Trips
Grand Prizes (Trips): One (1) Trip to each of the following destinations is available. Each Trip includes travel for the Promotion pilot and the five (5) friends he/she indicated at the time of entry:
Prize
Details
Trip 1
The Ultimate California Road Trip
Duration
6 nights
Air Travel
Return Economy Class flight for the Trip Winner and his/her Trip Companions on United Airways from Sydney International Airport to Los Angeles International Airport
Transfers
Hertz 4WD car hire pick up from Los Angeles International Airport for 7 days.
Accommodations
§ 3 nights at The Waterfront Beach Resort, a Hilton Property in Huntington Beach, including daily breakfast
§ 3 nights at the Yosemite View Lodge
Excursions
§ 1 hour surf lessons at Huntington Beach
§ 90 minute private guided Segway tour of Huntington Beach
§ Yosemite activities – depending on the season either a Badger Pass Package (winter) or a Yosemite/Mariposa value added package(summer)
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ All other meals not expressly stated;
§ Incidentals;
§ Spending money; and
§ Travel to and from Sydney for all travellers for travel to and from the prize destination.
Travel Dates
§ Travel must be taken in the period from 31 October 2011 to 31 October 2012.
§ Blackout dates and exclusion periods apply and will be notified to the Trip Winner at the time of booking.
Approximate value:
AU$40,000
Prize
Details
Trip 2
Canadian Rockies Winter Adventure
Duration
7 nights
Accommodations
§ 4 nights at the Fairmont Banff Springs in Banff
§ 3 nights at the Fairmont Chateau Lake Louise
Air Travel
Return Economy Class flight for the Trip Winner and his/her Trip Companions on Air Canada from Sydney International Airport to Calgary International Airport
Transfers
Banff Airport Express and Resort Shuttle from Calgary International Airport to Banff, onto Lake Louise and return to Calgary at the stay
Excursions
§ A pass to the ‘Lake Louise Torchlight Dinner and Ski’
§ A guided ice-walk in Johnson Canyon
§ Dog sledding with Snowy Owl Dog Sled Tours
§ A Mountain Heritage Guide activity on ice covered Lake Louise
§ Beer tastings at the Banff Ave Brew Pub
Meals
§ Breakfast on one morning at Melissa’s in Banff
§ Dinner on one night at The Balkan in Banff
§ Dinner on one night at Banff Avenue Brew Pub in Banff
§ Dinner on one night at Banff Lodging Company in Banff
§ 3-course Canadian Rocky Mountain Cuisine dinner on one night at Deer Lodge in Lake Louise
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ All other meals not expressly stated;
§ Incidentals;
§ Spending money; and
§ Travel to and from Sydney for all travellers for travel to and from the prize destination.
Travel Dates
§ Travel must be taken in the period from October 17, 2011 to September 30, 2012
§ Blackout dates and exclusion periods apply and will be notified to the Trip Winner at the time of booking.
Approximate value:
AU$43,000
Prize
Details
Trip 3
Thailand Getaway
Duration
7 nights
Air Travel
Return economy flights for the Trip Winner and his/her Trip Companions on Thai Airways from Sydney Australia to Bangkok, Thailand
Transfers
§ Transfers from Bangkok Suvarnabhumi Airport to Mirage Grand Centara, Pattaya
§ Transfers from Mirage Grand Centara, Pattaya to Siam@Siam Hotel & Spa, Bangkok
§ Transfers from Siam@Siam Hotel & Spa, Bangkok to Asara Villa & Suites Hua Hin
§ Transfers from Asara Villa & Suites Hua Hin to Bangkok Suvarnabhumi Airport
Accommodations
§ 2 nights at the Mirage Grand Centara on Wongamat Beach
§ 2 nights at the Siam@Siam Hotel & Spa in Bangkok
§ 3 nights at the Asara Villa & Suite
Excursions
§ A pass to dinner and a show at Siam Niramit
§ Tour of the Grand Palace, Wat Po
§ Dinner cruise and visit to the Silom Night Markets
§ Complimentary spa therapy session at the Asara Villa & Suite
§ Visit to the Hua Hin night markets and King Rama VI's Summer Palace
§ 2 hour ride atop a Thai Elephant
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ All other meals not expressly stated;
§ Incidentals;
§ Spending money; and
§ Travel to and from Sydney for all travellers for travel to and from the prize destination.
Travel Dates
§ Travel must be taken in the period from October 17, 2011 to 30 June, 2012
§ Blackout dates and exclusion periods apply and will be notified to the Trip Winner at the time of booking.
Approximate value:
AU$40,000
Prize
Details
Trip 4
Santiago & Cruise Patagonia in Chile
Duration
12 nights
Air Travel
§ Return economy airfares for the Trip Winner and his/her Trip Companions on LAN Airlines from Sydney Australia to Santiago, Chile
§ Economy flight for the Trip Winner and his/her Trip Companions from Santiago to Punta Arenas
Transfers
§ Return airport transfers by Latitud 90 from Airport to San Cristóbal Tower a Luxury Collection Hotel in Santiago
§ Transfer from Punta Arenas Airport to THE SINGULAR PATAGONIA-Puerto Bories Hotel and return to Punta Arenas city at the Check in office of Cruceros Australis at the end of your stay
§ Transfer from Punta Arenas check in office to Punta Arenas Airport
Accommodations
§ 2 nights at the San Cristobal Tower in Santiago
§ 3 nights at the Singular Patagonia Hotel
Cruise
A 7 night Cape Horn Cruise with Small Ship Expedition Cruises around Patagonia, including landings at Cape Horn, the glaciers of the Darwin Mountains, Magellan Penguin and elephant seal colonies, and the world's southernmost forest ecosystem.
Excursions
§ A guided tour from Latitud 90 to Valparaiso, a UNESCO World Heritage Site
§ A tour through the Torres del Paine, The Milodan Caves, Focus Island and Sofia Lake
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ All other meals not expressly stated;
§ Incidentals;
§ Spending money;
§ Travel to and from Sydney for all travellers for travel to and from the prize destination.
Travel Dates
§ Travel must be taken in the period from October 30, 2011 to October 31, 2012.
§ Blackout dates and exclusion periods apply and will be notified to the Trip Winner at the time of booking.
Approximate value:
AU$55,000
Prize
Details
Trip 5
See the Wonders of Argentina
Duration
8 nights
Air Travel
§ Return economy flights for the Trip Winner and his/her Trip Companions on Aerolineas Argentina from Sydney Australia to Buenos Aires, Argentina
§ Economy class domestic flights for the Trip Winner and his/her Trip Companions on Aerolineas Argentina from Buenos Aires to El Calafate to Ushuaia to Buenos Aires
Transfers
§ Return transfers from Buenos Aires Airport to hotel
§ Return transfers from El Calafate airport to hotel
§ Return transfers from Ushuaia airport to hotel
Accommodations
§ 3 nights in a 4-star hotel in Buenos Aires
§ 2 nights in a 4-star hotel in El Calafate
§ 3 nights in a 4-star hotel in Ushuaia
Excursions
§ 4 hour Buenos Aires City tour
§ Tango show in Buenos Aires
§ Full day tour of the Tigre river
§ Tour of the Los Glaciares National Park - a UNESCO World Heritage site
§ Organised activities exploring the Terra del Fuego National Park and the Beagle channel
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ Meals;
§ Incidentals;
§ Spending money;
§ Travel to and from Sydney for all travellers for travel to and from the prize destination
Travel Dates
§ Travel must be taken in the period from October 30, 2011 to October 31, 2012.
§ Blackout dates and exclusion periods apply and will be notified to the Trip Winner at the time of booking.
Approximate value:
AU$46,000
Prize
Details
Trip 6
Hawaiian Escape
Duration
7 nights
Air Travel
§ Return economy flights the Trip Winner and his/her Trip Companions on Hawaiian Airlines from Sydney Australia to Honolulu, Hawaii
Transfers
Grayline tours to from Honolulu airport to Waikiki, and from Waikiki to North Shore
Accommodations
§ 4 nights at the Outrigger Luana Waikiki
§ 3 nights at the Turtle Bay Resort, North Shore
Excursions
§ 6 x passes to a traditional Hawaiian luau by Germaine's Luau
§ 6 x passes to board the AlohaBus, an Open Top Double Decker Hop-on, Hop-off bus
§ Flight the Volcanoes National Park for a tour and hiking
§ 6 x passes for Dolphin Encounter experience at Sea Life Park Hawaii
§ Dinner for 6 on a Royal Sunset Dinner Cruise from Atlantis Adventures
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ Meals;
§ Incidentals;
§ Spending money;
§ Travel to and from Sydney for all travellers for travel to and from the prize destination
Travel Dates
§ Travel must be taken in the period from October 30, 2011 to October 31, 2012.
§ Blackout dates and exclusion periods apply and will be notified to the Trip Winner at the time of booking.
Approximate value:
AU$45,000
B.1 Any prize that is won by a minor will awarded to the minor’s parent or legal guardian, whom is on same plane, and who must travel with the minor on the Trip.
B.2 The components and value of the Trip prizes will be divided equally among all six (6) travellers on who are to travel on the Trip Winner’s Trip. If less than six (6) people travel, no additional compensation will be provided.
B.3 The “Approximate Value” of each Trip is an estimate only based on the information provided by the supplier(s). The actual value of each Trip will vary depending on various factors, including the date of booking and the dates of travel. All travel must originate from Sydney, Australia.
B.4 Trips are subject to availability, blackout dates, and travel/lodging providers’ terms and conditions. Unless otherwise stated above, trips must be taken within one (1) year of the date the prize is awarded. Once travel documents are issued, travel arrangements cannot be changed. If there is any disagreement between the travellers regarding the dates of the trip, the Trip Winner’s decision will control. If a traveller cannot travel on the selected dates, the Promoter may, in its sole discretion, allow the Trip Winner to substitute a traveller, if time and the Trip terms & conditions permits.
B.5 Travellers are responsible for paying any costs and expenses not specified above, including, but not limited to, costs for unspecified meals, ground transportation, insurance, and other incidentals. Travellers are also responsible for obtaining any travel documents, including, but not limited to, passports and any travel insurance (at their own expense). Any prize details that are not specified above will be determined by the Promoter, in its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, the Promoter reserves the right, subject to the approval of any relevant trade lottery authority, to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason, as determined by the Promoter in its sole discretion. The Promoter is not responsible for any expense incurred as a result of flight cancellation or flight delay.
B.6 The value of the prize may be treated as income to each traveller (including the Trip Winner and each Travel Companion) and a traveller may be responsible for reporting and payment of all applicable taxes. We encourage you to consult your tax advisor to determine how winning this prize may affect your tax obligations.
Part C – General Terms & Conditions
C.1 The Promoter reserves the right, at any time, to verify the validity of entries and participants in the Promotion (including an entrant’s identity, age and place of residence).
C.2 The Promoter may, at its absolute discretion, declare any or all entries made by you to be invalid if you:
(a) fail to establish their entitlement to enter the Promotion to the Promoter's satisfaction; or
(b) submit an entry which is not in accordance with these Terms.
C.3 If for any reason this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or who may benefit from such tampering and, subject to the approval of those authorities that have issued permits for the conduct of this Promotion, to cancel, terminate, modify or suspend the Promotion.
C.4 In the case of any act, agent or event which prevents or hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, the Promoter may, in its absolute discretion but subject to the approval of those authorities that have issued permits for the conduct of this Promotion, to cancel, terminate, modify or suspend the Promotion cancel the Promotion.
C.5 Requirements for Photos and Stories
(a) Content: Your photo or story must not: (i) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy or publicity; (ii) contain defamatory statements; (iii) include threats to any person, place, business, or group; (d) be obscene or indecent; (iv) depict any risky behavior, as determined by the Promotion in its sole discretion; (v) contain any third party trademarks or logos; (vi) refer to any online travel company other than Expedia; or (vii) otherwise breach any law.
The Promoter, in its sole discretion, shall determine whether or not any photo or story fails to meet these requirements.
(b) Representations and Warranties: By submitting a photo or story, you represent and warrant that: (i) the photo or story is an original work created by you; (ii) you own all rights to the photo or story; (iii) to the extent a photo depicts any individual, you are the individual pictured, or, alternatively, that you have obtained written permission from each person appearing in the photo (or their parent/legal guardian if they are a minor) to grant the rights to Promoter described in the Promoter’s “Rights to Entries” section below, and can make written copies of such permissions available to the Promoter upon request; and (iv) the photo or story complies with all requirements of these Terms.
(c) Promoter’s Rights to Submissions: By submitting a photo or story, you: (i) irrevocably grant the Promoter, its, related bodies corporate, and their respective agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your photo or story as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (ii) unconditionally and irrevocably forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Promoter’s use of your photo or story, or require any further permission for the Promoter to use the photo or story; (iii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Promoter or its related bodies corporate on the grounds that any use of the photo or story, or any derivative works, infringes any of your rights as creator of the photo or story, including, without limitation, copyrights, trademark rights, and moral rights; and (iv) represent and warrant that you have obtained all rights, licenses and permissions necessary, in writing, from any person who may have helped create your entry (which you shall make available to the Promoter upon request), and that their contribution to your entry fully complies with these Terms.
(d) Voting Process: You are prohibited from seeking to obtain votes for any photos or stories by any fraudulent or inappropriate means, including, without limitation, by offering prizes or other inducements to members of the public, as determined by the Promoter, in its sole discretion. Use of any script, macro, or automated system to vote is prohibited and votes placed (or which appear to have been placed) using any such system may be treated as void.
C.6 All prizes awarded, and travel undertaken, in connection with the Promotion are subject to the standard terms and conditions applicable to such prizes and/or travel, as notified to you at the time of booking or at the time of redeeming the prize.
C.7 The prize winners consent to the use of their name, place of residence, travel destination, the travel-related item booked, likeness, image and/or voice (including photograph, film and/or recording of the same) for promotional and marketing purposes in any media for an unlimited period without remuneration. Prize winners agree to participate in reasonable promotional activities as requested by the Promoter.
C.8 To the maximum extent permitted by law, the Promoter excludes all liability (including negligence) arising out of or in connection with:
(a) inaccurate / incorrect transcription of entry information;
(b) purported entries that are not received for any reason, including because or any transmission errors or if they are misdirected or stolen;
(c) any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software;
(d) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website (including, without limitation, the Website);
(e) any variation in the Terms;
(f) any theft, unauthorised access or third party interference in any part of the Promotion;
(g) electronic or human error which may occur in the administration of the Promotion;
(h) any loss or damage (including loss of opportunity) suffered or sustained, to person or property and including, but not limited to, direct, indirect, special or consequential loss (including economic loss) by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where applicable, to any family/persons accompanying a prize winner;
(i) any injury or damage to persons or property, including to the participant's or any other person's computer related to, or resulting from, participation or downloading any materials in this Promotion.
A prize winner, and his or her guests (if any), must sign and return any liability release and indemnity provided by the Promoter and/or its contractors as a condition of a prize being awarded.
C.9 Except in cases of death or personal injury caused by the negligence of the Promoter, you agree to release and hold harmless the Promoter, its related bodies corporate, Facebook, Inc., the prize or travel providers, and each of their respective officers, directors, employees, and agents ( “ Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to:
(a) unauthorized human intervention in the Promotion;
(b) technical errors related to computers, servers, internet providers, or telephone, or network lines;
(c) printing errors;
(d) lost, late, postage-due, misdirected, or undeliverable mail;
(e) errors in the administration of the Promotion or the processing of entries; or
(f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt, use, or misuse of any prize.
Except where prohibited, you further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
C.10 The Promoter’s decisions are final and the Promoter will not enter into any correspondence.
C.11 Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New South Wales, Australia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, your rights and obligations, or the rights and obligations of the Promoter in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New South Wales, Australia, without giving effect to any choice of law or conflict of law rules (whether of the State of New South Wales, Australia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New South Wales, Australia.
C.12 When entering the Promotion, you are providing your information to the Promoter and its related bodies corporate, and not to Facebook. The Promoter collects personal information in order both to conduct the Promotion. The Promoter may disclose such information to third parties, including, but not limited to, prize suppliers, agencies associated with the Promotion, and to Australian regulatory authorities. Participation is conditional on providing this information. The Promoter and third parties to whom the Promoter provides this information may, for an indefinite period unless otherwise advised, use the information for announcing prize winners (name and suburb/postcode only) and for direct marketing, research and debt collection purposes. Participants in the Promotion should direct any request to access, update or correct information to the Promoter. By participating in the Promotion, you agree to use of your information in accordance with the Privacy Policy accessible at
http://www.expedia.com.au/pub/agent.dll?qscr=hgen&hfnm=PrivacyPol.htx (for Australia) and at
http://www.expedia.co.nz/pub/agent.dll?qscr=hgen&hfnm=PrivacyPol.htx (for New Zealand).
C.13 All entrants in the Promotion acknowledge that:
Australian Competitions Club
