http://www.allphones.com.au/nokia-promotion.asp
“NOKIA & ALLPHONES ZERO GRAVITY” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) 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, Allphones 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 on 01/06/2013 and closes at 9:00pm AEST on 31/07/2013 (“Promotional Period”).
4. To be eligible to enter and receive an automatic entry into the draw, individuals must purchase (either on a contract or outright), a participating Nokia Lumia mobile phone handset from any Allphones retailer in Australia during the Promotional Period. Participating Nokia Lumia mobile phone handsets are as follows: Nokia Lumia 920, 820, 720, 620 or 520 (“Participating Nokia Lumia Handset”). One (1) automatic entry will be awarded per Participating Nokia Lumia Handset purchased during the Promotional Period.
5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age 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. 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.
6. Entrants must retain their original purchase receipts as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. The draw will take place at Handling Matters, 1/3 Green Street, Brookvale NSW 2100 on 14/08/2013 at 2:00pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at
www.nokia.com.au and
www.allphones.com.au from 16/08/2013. In the event
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of an SA winner, their name will also be published in The Australian on 28/08/2013. The Promoter’s decision is final and no correspondence will be entered into.
9. The first valid entry drawn will win a trip for two (2) people to Orlando Florida, USA valued at up to AUD$18,000, depending on date and point of departure. Prize includes:
return economy airfares from winner's nearest capital city for two (2) people to Orlando, Florida;
three (3) nights twin share accommodation in a minimum 3 star hotel in Orlando, Florida;
breakfast for two (2) people daily;
return airport to hotel transfers;
one (1) Zero Gravity experience per person;
return transfers from hotel to the location of the Zero Gravity experience; and
travel insurance for two (2) people.
Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by August 2014 (to coincide with one (1) of the scheduled dates for the Zero Gravity experience), and is subject to booking and flight availability. The Promoter will advise the winner of the scheduled dates for the Zero Gravity experience up until August 2014 at the time of winner notification.
10. Each winner will each be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. Travel insurance will be provided by the Promoter’s nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the winner and/or companion, the winner forfeits that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount.
11. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
12. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject
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to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
13. If for any reason the winner does not take the prize (or an element of the 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.
14. 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.
15. The winner and his/her travel companion for the Zero Gravity experience portion of the prize (“Activity”) acknowledge that the Activity is a dangerous activity that may result in injury or death, and they participate at their own risk. The winner and his/her travel companion 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 the winner and/or his/her travel companion from participating in the Activity if, at any time, they reasonably believe that the winner and/or his/her travel companion poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
16. If the prize (or part of the 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.
17. Total prize pool value is up to AUD$18,000. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
18. A draw for the prize if unclaimed may take place on 14/11/2013 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if one is required, will be notified in writing within two (2) business days of the draw and their name will be published online at
www.nokia.com.au and
www.allphones.com.au from 21/11/2013. In the event of an SA winner their name will also be published in The Australian on 21/11/2013.
19. 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
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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.
20. 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.
21. 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.
22. 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) if the Activity is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
23. As a condition of accepting the prize, the winner (or their parent/guardian in the event the winner is under the age of 18) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
24. 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
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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.
25. The Promoter is Allphones Retail Pty Ltd (ABN 67 008 168 090) of Level 7, 3 Rider Boulevard, Rhodes NSW 2138, telephone 02 8746 2200.
NSW Permit No. LTPS/13/3794 VIC Permit No. 13/1193 ACT Permit No. TP13/1769 SA Permit No. T13/896
Australian Competitions Club
