Terms and Conditions of Entry –
Win The Ultimate Girls Weekend Away
General
1. Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition deems acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter
3. Subject to clause 4, entry is open to all residents of Australia over the age of 18, as of the date of entry, who have fulfilled the requirements set out below.
4. Employees, and their immediate families, of the Promoter and associated agencies and companies are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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. The Promoter is The Promoter is Birdsnest Pty Limited (ABN 75 151 383 416) of 232 Sharp Street, Cooma NSW 2630 (‘Promoter’).
How to enter
5. Entrants may enter the competition by visiting
www.birdsnest.com.au/winagirlsweekendaway and completing an online entry form, during the Promotional Period (defined below). At the time of entry, entrants must use the online entry form to let two friends know that the entrant has entered the competition. To do this, entrants must enter their two friends’ first name, and email addresses (neither email can belong to the entrant). Entrants may also enter a personal message but are not required to do so. To enter, entrants must opt-in to the Promoter’s email marketing list to receive future promotional material from the Promoter via email unless they opt- out.
6. Entries must include all requested contact details, including a valid email/ postal address, to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid.
Number of Entries permitted
7.
Entrants may enter once only.Open, Close, Draw and Publish dates
8. The competition commences 11/09/2013 at 17:00 AEST and closes 29/11/2013 at 17:00 AEDT (‘Promotional Period’). Entries must be received by the Promoter during the Promotional Period.
9. The winner will be the first valid entry drawn at the Promoter’s premises, 232 Sharp Street, Cooma NSW 2630, on 02/12/2013 at 11:00 AEDT. The Promoter will ensure that all entries have an equal chance of winning. The first valid entry draw will win the Major Prize. The two people the winner provided details for, at the time of entry, will each win a $1,000 Birdsnest Gift Voucher for use online at
http://www.birdsnest.com.au.
10. The winners will be notified by email within two business days of the draw. If a winner is from SA, their name will also be published in The Advertiser newspaper on 09/12/2013. Winners will also be published at
www.birdsnest.com.au on 09/12/2013 for 28 days.
11. The Promoter may conduct such further draws on 05/03/2014 at the same time and place as the original draw in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by email within two business days of the draw. Winners will also be published at
www.birdsnest.com.au on 11/03/2014 for 28 days. If the winner is from SA, their name will also be published in The Advertiser newspaper on 11/03/2014.
Prize on offer
12. Total prize value is up to $5,000 (Including GST), as at 11/09/2013.
The prizes on offer are:
[ number of winners ]
[ full details ]
[ RRP for each prize component]
One (1) Major Winner
1 x $2,000 Travel Voucher
1 x $1,000 Birdsnest Gift Voucher for use online at
http://www.birdsnest.com.au$2,000
$1,000
The two (2) Major Prize winner’s Friend
Each will win 1 x $1,000 Birdsnest Gift Voucher for use online at
http://www.birdsnest.com.au$2,000
13. All vouchers valid for 12 months from 02/12/2013 to 01/12/2014. In the event a winner does not take
the prize by the time stipulated, then the entire prize will be forfeited by the winner and cash will not be
awarded in lieu of the prize.
14. Compliance with any health or other government requirements is the responsibility of the prize winner
and their travel companions. All prize travel will be subject to the carrier’s General Conditions of Carriage.
The Promoter and carrier make no representation as to the safety, conditions or other issues that may
exist at any destination. International travel advice can be obtained from various sources, including local
government, local consular offices and the web site of the Australian Department of Foreign Affairs and
Trade at
www.smartraveller.gov.au. Prizes for travel for a particular event or attraction must be taken to
coincide with the event or the times and dates during which the attraction is available. Travel insurance is
not included in the prize but is highly recommended.
15. Any entrant found to have used a third party (including online competition entry site) to enter on their
behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an
entrant is awarded a prize and then found to have breached this clause, the entrant must immediately
return any prize awarded. 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.
16. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will
have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a
prize and then found to have breached this clause, the entrant must immediately return any prize
awarded. 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.
17. If the prize is unavailable for whatever reason, the Promoter reserves the right to substitute the prize for
a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be
awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the
conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and
no compensation will be payable if a winner is unable to use the prize as stated.
18. The Promoter highly recommends a current residential street address be provided when requested for
ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver
prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes
returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
19. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other
relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of
age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including
phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable
for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable
proof, the winner will forfeit the prize in whole and no substitute will be offered.
20. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a
winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
21. The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory
legislation but also final and binding on each person who enters. No correspondence will be entered into.
No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not
transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will
be sent to the winner’s nominated address as stated in their original entry. The Promoter and their
associated agencies, and companies associated with this promotion will take no responsibility for prizes
damaged or lost in transit.
Copyright, Statutory guarantees, Waiver and liability
22. All entries and any copyright subsisting in the entries become and remain the property of the Promoter
who may publish or cause to be published any of the entries received. The Promoter and its related
entities collects entrants’ personal information for the purpose of conducting and promoting this
competition (including but not limited to determining and notifying winners) and for related purposes
which would reasonably be expected without your permission. For example, we may from time to time
use your personal information to provide you with information about products and services which we
expect may be of interest to you. However, we do respect your right to direct us not to do this if and
when any future communication is sent to you by the Promoter. We may disclose personal information to
essential service providers who provide services in connection with our products and services. You may
request access to your personal information by writing to The Privacy Officer, Legal Compliance
Department, Birdsnest Pty Limited (ABN 75 151 383 416) of 232 Sharp Street, Cooma NSW 2630.
23. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial
activities relating to the Competition, including but not limited to being interviewed and photographed.
The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive
licence to use such footage and photographs in all media worldwide, including online social networking
sites, and the winners (and their companions) will not be entitled to any fee for such use.
24. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek
independent financial advice prior to acceptance of that prize.
25. The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend
this competition if an event beyond the control of the Promoter corrupts or affect the administration
security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, entries via the Internet, computer generation and use “scripting” is not permitted and will not be accepted.
26. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
27. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State 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.
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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) use of a prize The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.
Authorised under NSW Permit No. LTPS/13/07452. ACT Permit No. TP 13/03441
Australian Competitions Club
