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TERMS AND CONDITIONS
PARTICIPATION
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, participating retailers and agencies 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.
3. Promotion commences at 12:01am AEST on 30/5/2011. Entries close at midnight AEDST on 22/12/2011 (Promotional Period).
ENTRY
4. To enter, eligible entrants must, during the Promotional Period, complete either one (1) of the following:
a. visit
www.adrenalin.com.au (Website), follow the prompts to the promotion entry page, input the requested details and submit the fully completed entry form; OR
b. send an SMS to 19 33 33 containing the word “ACTION”, the entrant’s current and valid email address and postcode. Maximum Premium SMS cost is 55c. Entrants must have premium service access. SMS helpline: 1800 898 243. SMS entries via the Internet are ineligible.
5. Any cost associated with accessing the Website is an entrant’s responsibility and is dependent on the Internet service provider used.
6. One (1) entry awarded per entrant for the online entry form OR for a SMS entry.
7. For the avoidance of doubt, an entrant will only be awarded one (1) entry for either the online entry form or for a SMS entry, but not for both.
8. Each entry must be submitted separately and in accordance with entry requirements. Incomplete, indecipherable, or illegible entries will be deemed invalid. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
9. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. An entry must contain a current and valid email address to be a valid entry.
10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, email address and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs. 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
11. If there is a dispute as to the identity or email address of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity or email address of the entrant.
DRAW
12. The draw will take place at Anisimoff Legal, Suite 3, Erina Plaza, 210 The Central Coast Highway, Erina NSW 2250 on 23/12/2011 at midday AEDST. Winners will be notified in writing and their names will be published on the Website. Winners of prizes over $250.00 will be published in The Australian on 10/1/2012. In the event of a business or corporate entrant being drawn as a winner, the prize will be awarded to the business or corporation to allocate the prize. The Promoter’s decision is final and no correspondence will be entered into.
13. Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
MAJOR PRIZE
14. The first valid entry drawn will win a trip for four (4) adults to Wadigi Island, Fiji valued at up to AUD$27,690.00 depending on date and point of departure (Major Prize).
15. The Major Prize includes return economy airfares from the winner's nearest Australian capital city, five (5) nights, five (5) star twin share accommodation, meals and return seaplane transfers. Spending money, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The Major Prize must be taken by 23/12/2012 and is subject to booking and flight availability. The Major Prize cannot be taken during Australian school holidays, public holidays or between 23/12/2011 – 15/1/2012 and 15/12/2012 – 23/12/2012. Frequent flyer points will not form part of the Major Prize.
16. The Major Prize winner may be required to present their credit card at time of accommodation check in.
17. The Major Prize winner and his/her companion/s must depart from and return to the same departure point and travel together.
18. The Major Prize is subject to standard terms and conditions of individual prize and service providers.
SECOND PRIZES
19. The remaining entries will be divided into States and Territories and “Adrenalin Experience” vouchers will be awarded as follows:
a. NSW/ACT:
i. the first valid entry drawn will win one (1) ‘Red Bull Stunt Flight’ voucher valued at $520.00;
ii. the second valid entry drawn will win one (1) ‘Skydive The Beach’ voucher valued at $339.00; and
iii. the third valid entry drawn will win one (1) ‘Private Helicopter Ride For 2’ voucher valued at $298.00;
b. VIC:
i. the first valid entry drawn will win one (1) ‘Hot Air Balloon For 2’ voucher valued at $750.00;
ii. the second valid entry drawn will win one (1) ‘Skydive The Beach’ voucher valued at $520.00; and
iii. the third valid entry drawn will win one (1) ‘Private Helicopter Ride For 2’ voucher valued at $350.00;
c. SA: the first valid entry drawn will win one (1) ‘V8 Drive’ voucher valued at $339.00;
d. QLD: the first and second valid entries drawn will each win one (1) ‘Skydive The Beach’ voucher valued at $199.00;
e. WA: the first valid entry drawn will win one (1) ‘V8 Drive’ voucher valued at $339.00; and
f. TAS: the first valid entry drawn will win one (1) ‘V8 Drive’ voucher valued at $339.00.
20. For the avoidance of doubt, entrants in NT are not eligible to win second prizes.
21. Additional information regarding each Adrenalin Experience is available on the Website. Winners of Adrenalin Experiences may be required to hold a current valid driver’s licence issued in an Australian State or Territory to participate in the Adrenalin Experience.
22. Winners of an Adrenalin Experience (Activity) and their companion/s (if any) acknowledge that the Activity is a dangerous activity that may result in injury or death, and participate at their own risk. Winners and their companion/s (if any) must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner or his/her companion/s (if any) from participating in the Activity if, at any time, they reasonably believe that the winner or his/her companion/s (if any) poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous.
23. Travel to and from an Activity is the responsibility of each winner and his/her companion/s (if any) and is not included. Activities must be taken by 23/12/2012 and are subject to booking availability. If an Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
24. Adrenalin Experiences are subject to the venue terms and conditions, including any applicable age restriction. The Promoter and organisers hereby expressly reserve the right to reject any winner and/or his/her companion/s (if any) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of an Adrenalin Experience prize.
THIRD PRIZES
25. The remaining entries will be divided into the following State/Territory groups: NSW/ACT, VIC/TAS, SA/NT, QLD and WA. The first two (2) valid entries drawn in each State/Territory group will each win one (1) $50.00 Adrenalin gift card (Gift Cards). Gift Cards are redeemable via the Website and must be redeemed by 23/12/2012.
GENERAL
26. Any ancillary costs associated with redeeming a prize are not included. Any unused balance of an Adrenalin Experiences voucher or Gift Card will not be awarded as cash. Redemption of Adrenalin Experiences or Gift Cards is subject to any terms and conditions of the issuer including those specified on the Adrenalin Experiences voucher or Gift Card.
27. As a condition of accepting a prize, a winner and his/her/their companion/s must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers/operators in their absolute discretion, including but not limited to a legal release and indemnity form.
28. If for any reason a winner does not take a prize (or an element of a prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
29. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
30. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
31. Total prize pool value is up to $32,382.00.
32. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
33. 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, 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.
34. A draw for any unclaimed prizes may take place on 23/3/2012 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified in writing and their names (for prizes over $250) will be published in The Australian on 30/3/2012.
35. Entrants consent to the Promoter 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.
36. 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 Competition and Consumer Act, 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.
37. 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.
38. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
39. The Promoter is Trackcorp Adrenalin Pty Ltd (ABN 13 117 402 838) of 20 Burton Street, Darlinghurst NSW 2010.
NSW Permit LTPS/11/4453 VIC Permit 11/1051 ACT Permit TP11/2004 SA Permit T11/1014.
