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Terms and Conditions for ‘Travel the world in 80 Days with Cathay Pacific Competition’
(“Terms and Conditions”)Cathay Pacific Airways Limited (“Organizer”) is the organizer of the ‘Travel the world in 80 Days with Cathay Pacific! Competition’ (“Competition”). All entrants should carefully read these Terms and Conditions prior to entering the Competition.
A.
Entry Requirements
1. A person satisfying the eligibility requirements set out is Section B below (“the entrant”) may enter the Competition by clicking the “Like” button on www.cathaypacific.com/80days (“Campaign Website”), submitting a video, a photo with title or a short essay with respect to the theme of “Where in the world would you go in 80 Days” (“Entry”) in the below format and in accordance with the mechanics as set out in these Terms and Conditions:
2. Each Entry must meet the following requirements:
(a) For Video with title:
i. Formats: .WMV, .MOV or .MPG
ii. Recommended resolution: 1290 x 720 (16x9 High Definition) or 640 x 480 (4:3 Standard Definition)
iii. File size : up to 40 MB
iv. Duration: 30 to 60 seconds
v. No background music is accepted in the video. Sound effect is acceptable.
vi. Title
vii. Language: English
(b) For Photo with title:
i. Formats: .JPG, .PNG or .TIFF
ii. Recommended resolution: 640x480 or above
iii. File size: up to 5MB
iv. Title
v. Language: English
(c) For Essay/Text descriptions:
i. Formats: .DOCX, .DOC, .TXT
ii. Recommended length: within 200 words
iii. Language: English3.
Each entrant can submit multiple Entries. There is no maximum number of Entries for each entrant.4. An entrant agrees that all Entries must;
(a) be the entrant’s original and sole work and not based in whole or in part on or copied from the work of any other person or entity;
(b) not have been previously published or accepted for publication or made into an audio/visual feature and must not be under consideration for publication or in the process of being made into an audio/video feature;
(c) not infringe any Intellectual Property Rights and/or any other rights of any person or entity;
(d) not advertise or promote any goods or services;
(e) not contain any material which the entrant does not have permission to use;
(f) not contain any viruses or any other components with harmful or contaminating effects on Campaign Website or any equipment connected to it; and
(g) acquire permission to use of materials involving any other person apart from the entrant in the entry
(h) not contain or link to any:
i. pornography, sexually explicit, obscene or indecent content;
ii. reference to dangerous or illegal acts or contain any instructions that if followed could be injurious to the reader;
iii. violence;
iv. private or confidential information or reveal personal information belonging to others or other sensitive information;
v. unlawful, harmful, threatening, harassing, defamatory, libelous, tortuous, misleading or any otherwise objectionable content; and/or
vi. "hate speech" intended to stereotype a particular gender, sexual orientation, race or religion.
The Organizer has the sole discretion and final decision in determining whether any Entries submitted by an entrant should be disqualified and/or removed from the Campaign Website.
B. Eligibility
1. The Competition is open to residents of the following territories:
a) Hong Kong Special Administrative Region, China
b) Australia
c) Canada
d) United States
e) India
f) Taiwan
g) Japan
h) Indonesia
i) South Africa
j) Netherlands
k) Singapore
l) United Kingdom
2. An entrant must be 18 years of age or older at the time of entering the Competition.
3. Employees of the Organizer and its wholly owned subsidiaries and of McCann Erickson and Universal McCann are not eligible to participate in the Competition.
C. Game Mechanics, Video Submission and Conduct
1. Submission of Entries to the Competition commences at 12:01am (Hong Kong time GMT +
on 24 January 2011 and ends at 11:59pm (Hong Kong time GMT +
on 6 March 2011 (”Submission Period”).
2. To enter, an entrant must, during the Submission Period, visit the Campaign Website and submit their Entries with a duly completed entry form. If the Organizer in its sole discretion considers that an Entry submitted by an entrant does not comply with the entry requirements set out in these Terms and Conditions, such Entry will be disqualified and not be considered as an Entry. The Organizer will delete and destroy any disqualified Entries and any Entries of any disqualified persons. The Organizer will not notify any entrants of their disqualified Entry and will not return disqualified Entries to any entrant.
3. Entries of any entrant that qualify for entry into the Competition will be published by the Organizer on the Campaign Website.
4. Without prejudice to any other rights of the Organizer, the Organizer shall, at any stage of the Competition, have the right to disqualify, without notice, any person and his/her Entry(ies) if the Organizer believes that such person does not meet the above eligibility requirements or such person has;
a) breached any of these Terms and Conditions;
b) submitted any invalid, incorrect, inaccurate and/or insufficient information in relation to the Competition; or
c) tampered with the entry process.
5. The Organizer will appoint a panel of judges, which is consist of Marketing Managers of Cathay Pacific, and independent judges, to rate each Entry by reference to their creativity, originality and relevance to the theme of the Travel the world in 80 Days with Cathay Pacific! marketing campaign and 8 entrants will be shortlisted as potential winners of the Competition (“Potential Winner”). Potential Winners will be chosen in accordance with the complete and unfettered discretion of the panel of judges of the Organizer, and Organizer provides no warranty as to the experience or qualifications of the judges. Announcement of the Potential Winners will be published on the Campaign Website by 14 March 2011 (Hong Kong time GMT + 8. Potential Winners are required to contact the Organizer by email at
promotion@cathaypacific.com and provide such documentary proof as requested by the Organizer to confirm his/her identity, age and residency. If a Potential Winner fails to contact the Organizer by the specified period and/or provide the requested documentary proof, or such documentary evidence submitted fails to satisfy or prove the eligibility requirements, such Potential Winner will be disqualified.
6. If a Potential Winner is disqualified from the Competition for whatever reason, the Organizer may, at its sole discretion, decide whether to select another Potential Winner from the list of entrants. All Entries of entrants that are not selected as Potential Winners will be destroyed by the Organizer and will not be returned to the entrant.
7.
Potential Winners will be invited to Hong Kong for a final panel interview and a one-day challenge from 12 to 14 April 2011 (“Final Interview”). Potential Winners shall arrive in Hong Kong no later than 12:00 noon (Hong Kong time GMT + 8 of 12 April 2011 to attend the Final Interview. The Organizer will provide and arrange flights (time and date of flight will be decided by the Organizer) and THREE (3) nights of hotel accommodation (at a hotel designated by the Organizer) for all Potential Winners to attend the Final Interview. Cash allowance of HKD600 per day will also be sponsored by the Organizer for each Potential Winner to attend the 3-day Final Interview in Hong Kong. Details of the challenge can be found at the Campaign Website.
8. Each Potential Winner is responsible for checking with any relevant authorities regarding passport and visa requirements. It is the sole responsibility of each Potential Winner to obtain all requisite travel documentation, visas and insurance.
9. The winner of the Competition (“Winner”) will be selected by the Organizer based on the relevant Entries and the performance of the Potential Winners at the Final Interview.
10. All entrants acknowledge and agree that proof of dispatch cannot be accepted as proof of delivery or successful transmission of an Entry. The Organizer does not accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to Entries, or Entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes.
11. The Organizer accepts no responsibility for late, lost or misdirected Entries. The Organizer does not provide any confidentiality of the Entries, regardless of whether such Entries are published or not or as to the identity of an entrant. An entrant shall be solely responsible for his/her Entries and the consequences of submitting them for the Competition.
D. Prize
1. The Organizer will have the final discretion as to the total number of prize(s) to be awarded in this Competition. The prizes for the Winner (“Prize”) will include:-
a) If the territory of residence of the Winner is Hong Kong:-
i. Subject to flight and booking availability, unlimited travel on Economy Class (“E” fare category) on flights operated by the Organizer or Hong Kong Dragon Airlines Limited (“Dragonair”) and to destinations operated by the Organizer or Dragonair any 80 days between 01 June and 31 August 2011 (Hong Kong time GMT +
with no repeated routes (“Eligible Travel”). For the avoidance of doubt, all such Eligible Travel shall exclude any codeshare joint ventures and domestic flights;
ii. Subject to booking and hotel availability, up to THREE (3)-nights stay for single occupancy at hotels designated by the Organizer and at each destination that the Winner travels to in connection with the Eligible Travel (“Hotel Accommodation”). ;
iii. Travel insurance for all Eligible Travel (“Travel Insurance”). For details of the terms and conditions of the Travel Insurance, please refer to Appendix A;
iv. Cash allowance for meal and local transportation expenses incurred for the Eligible Travel up to a maximum amount of HKD$76,800 (“Allowance”) for the entire period of the Eligible Travel, with maximum daily spend per the table below:
Items Maximum Allowance per day
Meal Expenses HK$2,400.00
Transportation HK$400.00
Organizer will advise the Winner of the payment arrangements for the Allowance at the time the Winner collects the Prize.
b) If the territory of residence of the Winner is outside of Hong Kong, in addition to the Eligibility Travel on flights provided by Organizer and Dragonair, Hotel Accommodation, Travel Insurance and Allowance, referred to in paragraph a) above, such Winner will be entitled to:
i. Subject to flight and booking availability, one round trip air ticket on Economy Class from the territory of residence of the Winner to Hong Kong on such flights as designated by the Organizer;
ii. One night hotel stay (for single occupancy) at Headland Hotel or Novotel City Gate in Hong Kong for any overnight stays in Hong Kong when transiting in Hong Kong during the Eligible Travel.
E. Prize Terms and Conditions
1. The Winner’s name will be published on 2 May 2011(Hong Kong time GMT + 8 on the Campaign Website.
2. The Winner will be notified to collect his/her prize by 2 May 2011 (Hong Kong time GMT + 8 (the ‘Grand Prize Notice’) by email through the email address provided by the Winner in the Entry Form.
3. Winner should claim his/her prize by contacting the Organizer on or before 16 May 2011 (Hong Kong time GMT + 8 by replying to the Grand Prize Notice or email to
promotion@cathaypacific.com .
4. If the Winner fails to claim the Prize within the time and in the manner specified, the Organizer shall have the right to disqualify such Winner, forfeit the Prize and select another Winner from the list of Potential Winners.
5. The Winner shall submit his/her itinerary in relation to the Prize to the Organizer by 25 May 2011 a(Hong Kong time GMT + 8 and make booking requests for such itinerary with the Organizer by 1 June 2010 (Hong Kong time GMT + 8. The Organizer has the final discretion as to whether to accept the Winner’s itinerary and booking requests. The Prize will be forfeited if no booking requests are submitted by the Winner by 1 June 2010, [18:00] (Hong Kong time GMT + 8.- The Winner is not entitled to any payment or compensation from the Organizer for any Prize forfeited or not used in full.
6. Prizes are non-transferable and there is no cash alternative. The Organizer reserves the right to substitute Prizes of equal or greater value at any time. In the event of this substitution taking place, the Organizer will not be liable for any possible claim arising out of such substitution.
7. Except as otherwise provided in these Terms and Conditions, Winner shall be responsible for planning and arranging his/her itinerary for the Eligible Travel including but not limited to the travel arrangements from and to the departure point and within any arrival destination.
8. Any Air Tickets issued for the Eligible Travel are valid only on flight/date shown. Change of flight/dates, refund or cancellation of issued Air Tickets are not permitted. All Eligible Travel must be completed by 31 August 2011(Hong Kong time GMT + 8 (including the return trip from Hong Kong to the Winner’s territory of residence referred to in Clause D(b)(i) above).
9. Hotel Accommodation must be booked directly through
promotion@cathaypacific.com, upon presentation of valid personal identification documents and travel visas.
10. Except for the Prizes, the Winner shall be responsible for all other costs, charges, fees and taxes in relation to any Eligible Travel and activities associated therewith, including payment of costs relating to injury, illness or any unexpected liabilities regardless of whether the same may ultimately be recoverable from the Travel Insurance.
11. The Winner cannot earn any form of Asia Miles or other frequent flyer mileage and/or Marco Polo Club’s Club mileage/sector credits when using the provided air tickets for Eligible Travel. Upgrade of travel class by use of cash or bonus miles is not permitted. The Prizes cannot be used in conjunction with other promotional offers.
12. If there is any dispute on the class or type of hotel room that the Winner may select when redeeming the Hotel Accommodation prize, the decision of the Organizer shall be final and binding on all parties concerned and the Winner shall not dispute the same.
13. The Winner is responsible for checking with any relevant authorities regarding passport and visa requirements. It is the sole responsibility of the Winner to obtain all requisite travel documentation and visas. Apart from the Travel Insurance provided by the Organizer, the Winner is responsible for any insurance, medical check-up fees or health certificate insurance fees, transfers, and other related expenses in connection with the Eligible Travel. Winner is strongly advised to take out insurance cover for all appropriate risks.
14. The Organizer reserves the right to forfeit the Prize and award or dispose of it in such manner and to such person as the Organizer deems fit if the Winner is disqualified for any reason at the sole discretion of the Organizer, including for any breach of these Terms and Conditions. In such circumstances the Winner shall not be entitled to any payment or compensation.
15. During the Eligible Travel, the Winner shall submit to the Organizer on a daily basis a short description and photograph (in a format as requested by the Organizer) of the Winner’s travel experience gained during the Eligible Travel (“Experience Sharing Material”) which the Organizer may publish at its sole discretion. The Experience Sharing Material shall comply with the requirements set out in Clause A4 above and Organizer shall have a non-exclusive licence to use all Experience Sharing Material on the same terms of Section F.1 (making all necessary changes to that clause).
16. During the Eligible Travel and while travelling with Organizer and Dragonair and staying at provided Hotel Accommodation the Winner shall behave in a manner expected of all international travelers.
F. Intellectual Property Rights
1. By entering into the Competition and submitting an Entry, each entrant hereby grants to the Organizer a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sublicenceable and transferable license to use and exploit the Intellectual Property Rights subsisting in their respective Entries. The foregoing licence shall provide the Organizer the right to edit, publish, print, use, adapt, translate, exploit, modify, include in a compilation, copy, disseminate, dispose, load onto its server, broadcast and/or transmit each entrant’s Entry for advertising, promotional, display and/or publicity purposes, and to use the Entries for all purposes connected with the Competition without any compensation, further permission or notification. Each entrant also hereby grants each visitor to the Campaign Website a non-exclusive licence to access an entrant’s Entry and to view, use, reproduce and distribute such Entry.
2. Each entrant hereby unconditionally and irrevocably waives in favour of the Organizer in relation to such entrant’s Entries and Intellectual Property Rights in their respective Entries, all moral rights conferred by Division IV of Part II of the Hong Kong Copyright Ordinance (Chapter 528 of the Laws of Hong Kong) or equivalent law and all author’s or moral rights of a similar kind conferred by the law of any jurisdiction.
3. For purposes of these Terms and Conditions, “Intellectual Property Rights” shall mean all intellectual property rights including, but not limited to patents, trade secrets, trademarks, service marks, copyrights and other rights in works of authorship (including rights in computer software), moral and artists’ rights, design rights, trade or business names, domain names, database rights and semi-conductor topography rights and whether any of the foregoing are registered or unregistered and all rights or forms of protection of a similar nature in any jurisdiction.
G. Other Terms and Conditions
Changes to Terms and Conditions
1. The Organizer shall have the right to cancel the Competition and /or amend these Terms and Conditions at any time without prior notice. Any changes will be posted on [the Campaign Website].
2. It is the responsibility of each entrant to check and meet his/her local judicial requirements and to comply with all local and applicable laws before and by way of submitting his/her Entries.
3. In the event of any dispute regarding these Terms and Conditions, conduct, results, and all other matters relating to the Competition, the decision of the Organizer shall be final and no complaints shall be entertained and no correspondence or discussions shall be entered into. The Organizer shall not be obliged to consider any appeal by or enter into any correspondence with the Winner or any other person on any other matter concerning the Prize.
4. Nothing in these Terms and Conditions shall confer any third party rights or benefits.
Warranties
5. Each entrant hereby warrants and represents that:
i. He/she fulfills all the requirements to enter into the Competition as set out in these Terms and Conditions;
ii. All personal data provided for purposes of entering into the Competition are true and accurate.
iii. All Entries of the entrant comply with the entry requirements and rules set out in these Terms and Conditions.
iv. The entrant is the owner of all Intellectual Property Rights in all entries of the entrant and/or he/she has the necessary licence rights, consents and permissions to submit the Entry, and all Entries of the entrant do not infringe any Intellectual Property Rights and any other rights of any person or entity;
v. All persons featured, named or described in any Entry have provided consent to the entrant to be so featured, named or described and have provided consent for the Entry to be submitted for consideration and use in the Competition;
vi. Without limitation to (v) above if children feature in an Entry, parental/guardian consent has been obtained;
vii. The entrant shall not until 30 June 2012 disseminate or otherwise submit the Entry to another entity for publication or to be made into an audio/video feature.
viii. The entrant has full power and authority to submit the Entry and that by doing so the entrant is not breaching any agreement or law to which the entrant is subject.
ix. The entrant will comply with all applicable laws and regulations in participating in the Competition.
Indemnity
6. To the fullest extent permissible by applicable law, each entrant agrees to indemnify and hold harmless the Organizer and Dragonair against all and any claims, losses, damages and costs (including any legal costs) arising out of or in connection with any breach by such entrant of these Terms and Conditions, such entrant’s participation in the Competition or the use, in whole or in part, by the Organizer of any Entry submitted by such entrant in this Competition.
Disclaimer
7. Each entrant agrees that it enters and participates in the Competition at his/her sole risk. To the fullest extent permitted by law the Organizer makes no warranties or representations of any kind regarding the Competition, the running of the Competition or as to the Prizes, all of which are provided on an “As Is” basis. The Organizer expressly disclaims all warranties including all implied terms and conditions as to merchantability, fitness for a particular purpose, and to use care and skill, to the fullest extent permitted by law. The Organizer assumes no liability or responsibility for (i) any errors, mistakes or inaccuracies in running the Competition (ii) any personal injury or property damage of any nature resulting from creating Entries or participating in the Competition (iii) any unauthorized access to or use of an Entry
8. Without Limitation entrants acknowledge and agree that neither Organizer nor Dragonair nor any of their directors, officers, employees or representatives will be liable to an entrant or to any of the entrant's family or any third parties for any loss or damage whatsoever, including without limitation, any direct, indirect, special, consequential, incidental, punitive or exemplary damages, or damages for lost profits or savings or loss of contracts, in connection with or resulting from the entrant entering and participating in the Competition or submitting an Entry or due to any breach of contract or any tortious act including negligence.
9. No claims, actions or legal proceedings in connection with the Competition or an entrant's participation in the Competition brought by any entrant or other interested person will be entertained by Organizer.
10. Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified or can only be done so to a limited extent. These Terms and Conditions must be read subject to any such statutory provisions. In particular the disclaimer language in these Terms and Conditions shall not in any way exclude or limit liability for personal injury or death arising from negligence, wilful misconduct or fraud or in respect of any matter that by law cannot be excluded.
Personal Data Protection
11. For purposes of this Competition, the Organizer needs to collect personal data from the entrant. Failure to provide personal data as requested will result in Organizer being unable to process or accept an Entry. In this respect, each entrant confirms that he/she has read and fully understands the Organizer’s Data Privacy and Security Policy (
www.cathaypacific.com) and consents to the Organizer’s use (including any transfer) of such entrant’s personal data for purposes of the Competition and in accordance with such Data Privacy and Security Policy and the Personal Data (Privacy) Ordinance in Hong Kong.
Publicity
12. Without limitation to Section F entry to the Competition constitutes permission for the Organizer to use the names and email addresses, audio and/or visual recordings, and any other materials submitted by entrant in any publicity at its discretion. Potential Winners and Winner may be requested to take part in promotional activities.
The Organizer shall deem the information voluntarily supplied non-confidential, which hereby discharges all obligations of confidentiality.
Contract of Carriage
13. For the avoidance of doubt, nothing in these Terms and Conditions is, or shall be construed in any way as, a contract of carriage. Any tickets issued pursuant to arrangements in these Terms and Conditions will result in a contract of carriage between the travelling passenger and the relevant carrier. These tickets upon which such passenger travels will be subject to the conditions of carriage of the relevant carrier and all rules applicable to the general public for the class or category of fare selected, including also any charges for changes in travel arrangements that may be applicable to the class or category of fare selected.
Further Assurance and Supplementary Agreement
14. Each entrant and in particular Potential Winners undertake at the request of Organizer to do all acts and execute all documents which may in Organizer’s opinion be necessary to confirm Organizer’s licence to use an Entry.
15. As a condition for receiving the Prize the Winner may be required to enter into an express Agreement with Organizer relating to the use of the Prize, the preparation and submission of Experience Sharing Material and the use of such Experience Sharing Material by the Organiser.
Governing Law
16. This Competition and the Terms and Conditions shall be governed in all respects by the laws of Hong Kong.
Appendix A:
Schedule of Benefits of travel Insurance for the Winner:
Coverage Maximum Sum Insured Per Insured Person (HK$)
1. Accidental Death & Permanent Total or Partial Disablement (Scale III) 500,000
2.
Medical Expenses (Accident & Sickness)
· Extends to cover Chinese Bonesetters &/or Acupuncturists subject to HK$2,000/accident and HK$4,000 in aggregate
Reimburses the medical expenses incurred as a result of bodily injury sustained or sickness commenced during a business trip. Necessary follow-up medical treatment incurred within 3 months after return to stationed country is also covered.
500,000
3.
Personal Liability
Covers an insured person against legal liability for third party for bodily injury or property damage including legal cost.
1,000,000
4.
ACE Insurance Worldwide Assistance Services
(a) Emergency Hotline Assistance Services
(b) Emergency Medical Evacuation &/or Repatriation Services – Unlimited
(c) Return Of Mortal Remains – Unlimited
(d) Compassionate Visit – HK$15,000
(e) Child Escort – HK$15,000
(f) Convalescence Assistance – HK$7,800
(g) Hospital Guarantee Admission Service
Covered
Free Additional Benefits
5.
Major Burns
Covers second or third degree burns.
100,000
(*) Notes:
(1) ACE Insurance Worldwide Assistance Services is only effective outside the stationed country of residence or employment of an Insured Person and shall apply worldwide unless otherwise endorsed or amended by the Company.
Maximum Aggregate
Limit of Liability : HK$4,000,000 any one occurrence
The company shall not be liable for any amount in excess of the above stated aggregate limit of liability. If the aggregate amount of all indemnities otherwise payable by reason of coverage provided under this policy exceeds such aggregate limit of liability, the Company shall not be liable as respects each Covered Person for a greater proportion of the indemnity otherwise payable than the aggregate limit of liability bears to the aggregate amount of all such indemnities.
Highlights : - Unprovoked Strike, Riots and Civil Commotion cover
- Full Terrorism cover
Australian Competitions Club
