https://www.facebook.com/hotelscomAU?sk=app_258110064236466TERMS AND CONDITIONS
PARTICIPATION
1. This promotion (the “PROMOTION”) is conducted by Expedia Australia Pty Ltd (ABN 12 101 694 946), Level 2, 77 King Street, Sydney NSW, 2000, on behalf of Hotels.com LP, 10440 N. Central Expressway, Suite 400, Dallas, Texas 75231, USA. (the “PROMOTER”).
2. Entry into the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, Entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take a prize if they are drawn as a winner.
3. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
4. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are:
a) permanent residents of Australia or New Zealand; and
b) over the age of 18
excluding:
a) employees of the Promoter and employees of the Promoter’s related bodies corporate as defined under the Corporations Act 2001 (Cth) or agencies or any other company associated with the Promoter and/or the Promotion; or
b) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
5. Entry to the Promotion commences at 00.00 (AEDT) on 21/11/2011 and closes at 24.00 (AEDT) on 09/01/2012 (the “ENTRY PERIOD”). All times are stated using the 24 hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
ENTRY
6. There will be six daily winners for the duration of the Promotion and three major prize winners at the end of the promotion.
a) To be eligible to enter the Promotion, an Entrant must, during the Entry Period, register for the Promotion by visiting doodlebox.securepromotions.com.au and doodleboxnz.securepromotions.com.au (the “PROMOTIONAL WEBSITE”), follow the prompts to the competition entry page, provide all of the requested information including their full name, valid email address, mobile phone number and age, and accept these Terms and Conditions.
b) Once an Entrant registers for the Promotion, in order to enter the promotion, individuals (“Participants”) are required to submit a Doodled Photo (as defined in the Website terms of use) to the Doodlebox gallery in accordance with these Terms and Conditions.
c) Submitting a Doodled Photo to the Doodlebox gallery indicates your acceptance of these Terms and Conditions, the Terms of Use and your entry to any applicable promotion and the Terms of Use.
d) Entries on behalf of another person will not be accepted and joint submissions are not allowed.
e) No responsibility is taken for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.
f) Hotels.com shall be entitled to discard any entry that;
(i) has been copied or plagiarised;
(ii) is submitted following the end of the Entry Period;
(iii) is in breach of these Terms and Conditions or the Terms of Use.
7. No purchase is necessary to participate.
8. Entrants must ensure that their entries are received by the Promoter during the Entry Period. All entries are deemed to be received at the time of receipt by the Promoter, not at the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications service or equipment. The Promoter accepts no responsibility for any entries not received by the Promoter or for any delays in the delivery of any entries due to technical disruptions, network congestion or for any other reason.
9. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and the draw date, the Entrant must notify the Promoter of their new contact details immediately.
10. All entries to the Promotion may be subject to verification by the Promoter. Proof of identification, residency 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 their prize in whole and no substitute will be offered.
11. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
12. The Promoter may, in its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by condition 10 or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry or referral/nomination process; or
d) has otherwise submitted an entry that is not in accordance with these Terms and Conditions.
13. Participants may submit Doodled Photos to the Doodlebox gallery and enter the promotion as many times as they wish. Doodled Photos can be rated by users of the Doodlebox website (including Participants) (“Users”) according to their own personal preference using a sliding scale of 1 to 5 stars. Users can rate Doodled Photos as soon as they have been submitted to the Doodlebox gallery. Users may only rate a Doodled Photo once (this includes Participants, who may only rate each of their own Doodled Photos once).
PRIZES
14. The six daily prize winners will receive a hotel style bath robe valued at $89.95 each. The three major prize winners will receive a iPad2 64Gb 3G valued at $948.00 each. PRIZE WINNERS
15. The daily prize winners will be determined by the Judges at 17.00 (AEDT) each day of the competition starting from 21/11/2011 and ending on 09/01/2012, with the exception of draws that fall on a weekend or a public holiday, in which case the draws will be conducted the next business day. Entries in each daily prize draw will not be entered into any subsequent daily prize draws.
16. The daily prize winners as determined by the Judges will be the photos deemed the most creative (at the Judges’ sole discretion on the basis of creativity and originality).
17. The Judges will award the major prizes in the promotion to the Participants who are responsible for the Doodled Photos that have accumulated the highest number of stars during the promotion (“Prize Winners”). For the avoidance of doubt, Participants may not accumulate stars across multiple entries. The major prize draw will occur on 16/01/2012 at 15.00 (AEDT).
18. The Judges’ decision is final and no correspondence will be entered into.
19. The Prize Winners will be notified by the Judges by email and will be promoted on Hotels.com Facebook page.
20. Prize Winners are liable for any personal tax liability which may accrue as a result of a Competition.
21. Hotels.com reserves the right to withdraw any Promotion made available on the Website at any time.
22. If the email address provided by a Prize Winner is incorrect or incomplete or if the Prize Winner fails to respond to Hotels.com within 14 day(s) of Hotels.com making reasonable efforts to get in contact the Prize will be forfeited and the Judges may at their discretion notify and award the Prize to the Participant responsible for the Doodled Photo that received the next highest number of stars without any liability to the Participant who would have otherwise been a Prize Winner.
23. Any Prize Winner may at Hotels.com’s option, be required to participate in publicity accompanying or resulting from the Promotion. Participants accept that Hotels.com has the right, without any additional payment or permission, to use a Prize Winner’s name and country of residence for the purposes of announcing the outcome of the Promotion.
24. All prize draws and judging will be conducted at Tiger Pistol, Level 2, 502 Albert Street, East Melbourne, VIC, 3002. All winners will be notified in writing.
25. Winners acknowledge and agree that their name may be made available to other Entrants, upon request.
26. Prizes are non-transferable to other persons and non-redeemable for cash. Any attempt to resell or auction all or any part of a prize will result in an immediate cancellation of the prize. Prizes cannot be exchanged. In the event that for any reason whatsoever a winner does not take/redeem a prize or any element of a prize by the time stipulated by the Promoter then the prize or that element of the prize will be forfeited by the winner and cash will not be awarded in lieu.
27. All prize values and components of prize values are correct as at 14/11/2011. Prize values are in Australian Dollars. All costs are subject to change without notice. The Promoter takes no responsibility for any variations in prize values. Total prize pool value in the Promotion is up to $29,829.00
28. If a prize (or part of a Prize, if applicable) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser value and similar specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a prize (or part of a prize, if applicable) is unavailable for any reason.
29. Each winner acknowledges that prizes may be subject to additional terms and conditions imposed by third parties (including but not limited to prize suppliers). Each winner must become acquainted with any such additional terms and conditions prior to taking a prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of a prize by third parties, nor for the breach of those conditions by any person.
GENERAL
30. 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. Entrants understand and agree that by submitting a Doodled Photo to the Doodlebox gallery and entering a Competition, that their Doodled Photo may be used by Hotels.com on the Hotels.com website and for advertising and marketing purposes.
31. 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 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.
32. 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) redemption of or taking of a prize.
33. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to 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 or integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to: (a) disqualify any individual who tampers with the entry process or the Promotion and (b) take any action that may be available to it, including to cancel, terminate, modify or suspend the Promotion, subject to any direction given under the relevant state/territory permit regulations.
34. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
35. The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
36. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended, without approval of the relevant regulatory authorities.
37. Any cost associated with accessing the Promotional Website is the Entrant’s responsibility and is dependent on the Internet service provider used.
38. All entries become the property of the Promoter.
39. Entry and continued participation in the Promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
40. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
PRIVACY
41. Entrant’s privacy is important to the Promoter. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its winner and to contact the Entrants and send Entrants marketing information where Entrants have consented. Entry is conditional on providing this information. Entrants’ personal information may be disclosed to marketing and communications agencies in order to conduct this Promotion and to the Promoter’s partners and sponsors (who may also contact the Entrant and send the Entrant marketing information). Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. The personal information of each winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, prize suppliers and deliverers, and to regulatory authorities. Entrants can contact the Promoter by mail at Level 2, 77 King St, Sydney, New South Wales 2000, online at Hotels.com or via phone on 1800 846 835 (AU) or 0800 456 081 (NZ) to request to opt out, access, or correct, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter's full Privacy Policy at: hotels.com.
