COMPETITION TERMS AND CONDITIONS PARTICIPATION
1. This competition (“Competition”) is conducted by Freakon Pty Ltd, PO BOX 562 East Bentleigh 3165 Melbourne Victoria, ABN 15 150 162 039(“Promoter”).
2. Entry to the Competition constitutes acceptance of these conditions. All entry instructions and prize information published by the Promoter form part of these conditions.
3. The Competition is only open to individuals who: (i) are residents of Australia aged 18 years or older as at time of entry; and (ii) are not employees of the Promoter or any of its related corporations or any of their agencies associated with the Competition; and (iii) are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee; and (iv) hold a current driver’s licence “Eligible Entrant”.
4. Competition entry commences at 12:01am AEST on 26/08/11 and closes at 5:00pm on 31/12/11 (“Entry Period”). Except as otherwise stated, all times are Melbourne time.
5. Except as otherwise indicated, all amounts stated in these conditions are stated in Australian dollars.
ENTRY
6. To enter the Competition, Eligible Entrants must do the following (during the Entry Period):
a) Subscribe to Freakon’s email list at
www.freakon.com.au and be automatically entered in the draw. You may receive additional entries by referring friends. For each friend you refer that subscribe to
www.freakon.com.au during the promotional period you will receive 1 additional entry to the competition per subscription.
7. To subscribe to Freakon via the internet, an Eligible Entrant must use a compatible browser to visit the Competition Website and follow the directions there to subscribe. To obtain a valid entry, the Eligible Entrant must during the Entry Period provide all details required by the Promoter. Cost of entry via the internet is free, but internet connection and usage rates may apply – Eligible Entrants should obtain details of such costs from their service providers.
8. All Eligible Entrants must ensure that the Promoter receives their entries during the Entry Period and remain subscribed at least until 5.00pm AEST 31/12/11. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of submission by the Eligible Entrant. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in any telecommunications service or equipment.
9. The Promoter may, at its absolute discretion, declare any or all entries made by an Eligible Entrant invalid if the Eligible Entrant tampers with the entry process, benefits from such tampering or submits an entry that is illegible, incomplete or not in accordance with these conditions.
INTERNET ENTRIES
10. Eligible Entrants must submit their internet entries manually. The Promoter may reject internet entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
DRAW AND PRIZES
11. The draw for the prize will be held at 12:00pm on 16/01/2012 at Sezanas 247 Clarendon Street, South Melbourne Victoria 3025. All entries will be downloaded and placed in a manual draw. There is one Prize.
12. The first valid entry drawn will win the Prize. The Prize is:
- Trip to Las Vegas, Nevada USA for 2 adults from the winners’ capital city
- 2 return economy flights from the winners nearest capital city to Las Vegas, Nevada USA
- 3 nights, twin share accommodation at a 4 star hotel on the Las Vegas strip.
- $AUD 500.00 spending money
- The Prize is valid for use until 01/6/12. The Prize is subject to availability and cannot be used during peak periods including school holidays, national public holidays. All persons must travel together on the same dates and routing.
13. For the purposes of condition 12, “capital city” means: Melbourne, Sydney, Brisbane, Adelaide, Canberra, Hobart, Darwin and Perth.
14. Flights and accommodation may not be changed once booked.
PROVISIONS APPLICABLE TO THE PRIZE GENERALLY
15. The Prize is valued at up to $5,967.50 including GST.
16. The Prize is valued as at 01/04/11. The Promoter takes no responsibility for any variations in the Prize value.
17. All components of the Prize must be taken together as a single trip booked by the Promoter. Any part of the Prize that is not taken for any reason is forfeited.
18. The Prize does not (except as expressly stated) include travel costs to and from the points of departure, excess baggage, any additional meals and drinks, transfer costs, taxes, levies and charges, passports, insurance, medical or health related services, additional accommodation, additional spending money, extension of stay, additional passengers, tours and other ancillary costs, these are the responsibility of the Prize winner and their companions as incurred.
19. The Prize cannot be exchanged for other travel to other destinations. The Prize winner is responsible for any amendment fees issued by travel providers once booking has been confirmed.
20. Flights and accommodation are subject to booking and availability and confirmation by the travel supplier at the time of booking. All bookings are subject to the travel supplier’s booking conditions. The Prize must be taken on the dates as specified in condition 12.
21. The Prize winner and their travelling companion are responsible for ensuring that they have all necessary documents to travel to the relevant destination (including a current passport and any visas that may be required). The winner and their travelling companion are also responsible for ensuring they take any necessary inoculations prior to taking the Prize.
22. If the Prize (or part of the Prize) is unavailable for any reason, the Promoter may, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Competition. The Promoter accepts no other liability or responsibility for any loss incurred by the Prize winner or any other party if the Prize (or part of the Prize) is unavailable for any reason.
23. The Prize is non-transferable, non-refundable, non-exchangeable, non-replaceable, and non-redeemable for cash, excluding the cash component of the Prize.
WINNERS OF THE PRIZE
24. The Prize winner will be notified in writing, via email and name published in The Australian Newspaper on 23/01/2012
25. The Prize notification will state the Prize that has been won and will include instructions as to how the Prize winner is to claim the Prize and establish his/her entitlement to it.
26. The Prize winner will be published at the Competition Website within 7 days of the Prize being won (including if the Prize is won under any redraw under condition 27), for a period of at least 1 week.
27. Subject, where relevant, to any directions given under the legislation regulating the Competition, if the Prize is: (i) not claimed by the Prize winner within 3 months of the draw for the Prize; (ii) forfeited for any reason; or (iii) the Prize winner is determined by the Promoter to be ineligible, the Prize will be awarded to another Eligible Entrant in a redraw for the Prize. Any such redraw will be made from a pool of entries comprising all those entries that were originally eligible to win the Prize. Any such redraw will commence at 12:00pm on 07/05/2012 at Sezanas 247 Clarendon Street, South Melbourne Victoria 3025. If there is a redraw the Prize winner will be notified by e-mail provided by them in their entry, in writing and name published in The Australian Newspaper on 14/05/2012. The Prize notification will state the Prize that has been won and will include instructions as to how the Prize winner is to claim the Prize and establish his/her entitlement to it.
GENERAL
28. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the authorities that have issued permits for its conduct.
29. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Eligible Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); (v) any delay in delivery, or failure of safe delivery of the Prize.
30. All of the Promoter’s decisions are final and no correspondence will be entered into.
31. The Prize winner accepts the Prize at his or her own risk. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the “Relevant Parties”) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or Prize, including without limitation: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. The Promoter may request that the Prize winner sign and return a deed of release to this effect as a condition of the Prize being awarded. If the Prize winner fails to sign and return such release, the Prize winner may forfeit the Prize.
32. The winner consents to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without compensation, financial or otherwise, for the purpose of promoting this Competition, the Promoter and/or any of the Promoter’s products.
PRIVACY AND MARKETING CONSENT AND DISCLOSURE
33. Eligible Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise the Prize winner and, subject to conditions 34, 35 and 36, may be used to market its products to the Eligible Entrant. The personal information of the Prize winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, Prize suppliers and deliverers, and to regulatory authorities. The Promoter will disclose the Prize winner’s first initial, surname and State of residence to the media, who will publish these details. Persons may contact the Promoter by post at the address stated in condition 1 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an Eligible Entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win the Prize. All personal information is handled in accordance with the Promoter’s Privacy Policy available online at blog.freakon.com.au/privacy-policy.
34. All entries become the property of the Promoter and will be entered into a database. Information resulting from the Eligible Entrant otherwise withdraws their consent to the use of their information in this manner. By applying or participating in the Competition, Eligible Entrants consent to these uses and disclosures of their information.
35. By entering or participating in the Competition, the Eligible Entrant agrees to receive emails from the Promoter in relation to the administration of the Competition and emails containing marketing or promotional material.
36. Eligible Entrants will automatically be entered into the Promoter’s marketing program. Eligible Entrants agree to receive emails, and other electronic messages, including those containing marketing or promotional material, sent by the Promoter under the marketing program. Eligible Entrants may unsubscribe from the Promoters marketing program at any time using information contained on the mail or electronic message.
NSW Permit No: LTPS/11/07437 ACT Permit No: TP11/03254
Vic Permit No:11/1677 SA Permit No: T11/1691
