TRAVELEX “WIN A TRIP TO GREATER PALM SPRINGS” PROMOTION T&C
The promoter for the Travelex “Win a Trip to Greater Palm Springs” promotion (“Promotion”) is Travelex Limited (ABN 36 004 179 953) of Level 28, 20 Bond St, Sydney NSW 2000 Australia, 02 9696 9000 and Travelex Financial Services NZ Limited (Company Number 115663) of Level 14 Augusta House, 19 Victoria Street, Auckland 1010 New Zealand (collectively referred to as “Promoter”).
Information on how to enter and the Prize(s) (defined below) form part of these terms and conditions (“Terms and Conditions”). Participation in this Promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian and New Zealand residents aged 21 years or over who can take the Prize (“Entrant(s)”).
Employees (and their immediate families) of the Promoter, Gate 7, Visit Greater Palm Springs, United Airlines, Inc. 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.
Entry into the Promotion will open at 9:00AM AEDT on 10 October 2022 and will close at 11.59PM AEDT on 6 January 2023 (“Promotional Period”).
To be eligible to enter, individuals must purchase the equivalent of AUD$500 (for Australian Entrants) or NZD$500 (for New Zealand Entrants) or more of foreign currency in a single transaction, by exchanging cash, withdrawing cash from a Travelex ATM, sending money via an International Money Transfer or directly loading or re-loading the foreign currency onto a Travelex Money Card, at a Travelex store in Australia or New Zealand (including via https://www.travelex.com.au/
or via the Australian Travelex Money App but excluding over-the-counter at any Travelex stores located in arrival terminals at airports located in Australia and New Zealand) during the Promotional Period (“Qualifying Purchase”). “Foreign currency” means any currency other than AUD or NZD for the Travelex Money Card issued in Australia or New Zealand, respectively.
Individuals must enter the Promotion via the online entry form at travelex.com.au/promotions/win-palm-springs (for Australian residents) or www.travelex.co.nz/promotions/win-palm-springs
(for New Zealand residents). Entrants must then follow the prompts to the Promotion entry page, input the requested details and submit the fully completed entry form during the Promotional Period (“Entry(ies)”). All Qualifying Purchases can be entered into the draw. Multiple Entries are permitted however each Qualifying Purchase can only be submitted once.
Entries will be awarded according to the amount of foreign currency purchased or exchanged in the Qualifying Purchase (in AUD or NZD, as applicable), in a single transaction during the Promotional Period, as follows:
a. Entrants will be eligible to receive one (1) Entry for every $100 spent (for example, Entrants who spend $500 will be eligible to receive five (5) Entries). For the avoidance of doubt, purchases of $499.99 and below will not be eligible to receive any entries.
b. For clarity, Entries are rounded down to the nearest $100 (for example, Entrants who make a Qualifying Purchase between $700 to $799.99 will be eligible to receive seven (7) Entries in total).
Entrants must retain a copy of their purchase receipt for the Qualifying Purchase as proof of purchase in order to claim their Prize if they are selected. In the event a purchase receipt is not automatically provided to the Entrant at the time of making their Qualifying Purchase, it is the Entrant’s responsibility to request such material. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an Entrant’s Entry and forfeiture of any right to the Prize(s). The purchase receipt must clearly specify the store of purchase and the date confirming that the purchase was made during the Promotional Period.
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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete or indecipherable Entries, as determined by Promoter in its sole and absolute discretion, will be deemed invalid.
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.
The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 Australia at 10:00AM AEDT on 18 January 2023. 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 published online at https://www.travelex.com.au/
on 25 January 2023.
The Promoter’s decision is final and no correspondence will be entered into.
There will be one (1) prize in total (“Prize”), being a holiday for two (2) adults as further detailed below.
The first valid Entry from an Entrant drawn (“Prize Winner”) will win the Prize. The Prize is a trip for two (2) adults (aged 21 years or older) to Greater Palm Springs, USA, valued at up to AUD$12,000 based on the recommended retail value and depending on date and point of departure. The Prize includes:
Six (6) days, five (5) nights experience in Greater Palm Springs for two (2) adults;
Two (2) economy class return flights valued up to AUD $5,000 with United Airlines flying from the winner’s nearest Australian capital city (if flying from AU) or from the nearest of Auckland, Christchurch, Queenstown or Wellington (if flying from NZ);
Five (5) nights 4-Star accommodation at Renaissance Esmeralda Resort & Spa;
Hire car for six (6) days with pick up and drop off from LAX Airport;
Sunset Jeep Tour to the San Andreas Fault;
Palm Springs Aerial Tramway Tour;
Architectural Tour with Palm Springs Mod Squad;
BMW Performance Centre West driving experience;
And $1,000 USD-denominated Prepaid card (“Travelex Money Card”) for the winner only.
The following conditions apply to the Prize:
a) The Promoter accepts no responsibility for any variation in the value of the Prize or part of it.
b) Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, additional transfers, passports, visas, items of a personal nature, in-room charges and all other ancillary costs are not included. The Prize must be used within 12 months of the draw date (this means the holiday must be completed and the Prize Winner and the Prize Winner’s guest must return to their departure point by 18 January 2024) and is subject to booking, regardless of preferred flight availability.
c) Unless otherwise approved by the Promoter, the Prize Winner and Prize Winner's guest must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Itinerary is subject to change and may be adjusted depending on location, departure city, flight schedule or other factors.
d) The Prize is subject to the standard terms and conditions of individual Prize and service providers.
e) The Prize Winner may be required to present their credit card at time of accommodation check in. A deposit may be required from the Prize Winner at check-in to the hotel and this is not included in the Prize.
f) Prize Winner and Prize Winner's guest are advised to check government travel advice before booking and embarking on any travel and are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and other travel documentation (including, without limitation, proof of COVID-19 vaccination in an appropriate form, if required) at their own cost. During the travel, the Prize Winner (and Prize Winner’s guest) must comply with any mandatory travel requirements, such as wearing face masks during flights, customer service counters and kiosks, airport lounges, gates and baggage claim areas at both the origin and destination airports.
g) Travel must be completed outside of any blackout periods which apply during school holidays and public holidays in New Zealand and/or the Australian State or Territory of departure. Blackout dates are as follows: Feb 3-5 & 7-9, March 1-6, 10-18 & 23-25, April 8, 14-16, 21-23, 29 & 30, May 1-2, 5- 6, 19-20, & 27, June 2-3, 9-10 & 15-16, Oct 4-5 & Dec 30-31.
h) Promotional seats allocated to the Prize Winner for travel are limited, and there may be times your reservation cannot be made on your preferred dates. United Airlines will use reasonable endeavours to ensure you are able to travel on your preferred dates but is unable to guarantee this. Prior to booking travel arrangements via Agency Assist (firstname.lastname@example.org
), the Prize Winner and Prize Winner’s guest must check United Airline’s schedules for requested departure days as some destinations may operate seasonally or only operate on certain days of the week. Flights for travel may be subject to change.
i) Travel is on United Airlines and United Express-operated flights only. Travel is not valid on codeshare flights (an arrangement whereby one flight is published under two or more airline schedules). Any additional flights or amendments to travel outside of the travel will be at Prize Winner’s own expense. The Prize Winner is responsible for any and all additional taxes, insurances, charges, visas, testing requirements (related to COVID) and vaccination status associated with the travel.
j) Unless otherwise approved by the Promoter, tickets for travel are valid for roundtrip flights between the origin and destination only, using the most direct routing. Stopovers, upgrades, and name changes are not permitted. Lost or stolen tickets and/or certificates will not be replaced.
k) Flights are not eligible for frequent flyer mileage accrual. Travel may be restricted at certain times of the year due to heavy demand on services.
l) Prize Winner (and any Prize Winner’s guest) must travel together on the same itinerary for the entire journey. No changes are permitted once tickets have been issued.
m) This Prize is non-transferrable, non-redeemable for cash or other goods and services. It cannot be bartered, refunded or sold. No compensation will be payable if the Prize Winner is unable to accept the Prize as stated. Travel can be redeemed by the Prize Winner only and may not be transferred to any other person, including family members.
n) The car hire element of the Prize is subject to standard rental conditions. Petrol and insurance is not included. The driver must have a current valid driver’s licence issued in an Australian State or Territory and be aged 21 years or over.
o) The Prize Winner and (their companion) acknowledge that the BMW Performance Centre West driving experience element of the Prize (“Activity”) is a dangerous activity that may result in injury or death, and participate at their own risk. The Prize Winner their 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 Prize Winner or their companion from participating in the Activity if, at any time, they reasonably believe that the Prize Winner or their 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.
p) As a condition of accepting the Prize, the Prize Winner (and their companion) 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.
q) To the extent permitted by law, the Prize Winner will release and hold Travelex and/or Visit Greater Palm Springs and their respective employees, officers, directors, shareholders, agents and participating sponsors harmless from any and all losses, damages, rights, claims and actions of any kind resulting from or relating to the acceptance, possession or use of the Prize, including, (except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees as defined below) personal injury, claims based upon publicity rights, defamation, invasion of privacy, or any other claim which the Prize Winner and/or the Prize Winner’s guest now have or may hereafter have. The Prize Winner agrees that, to the extent permitted by law, each of Travelex and Greater Palm Springs assume no liability whatsoever for the acts or defaults of any company or person providing the Prize, or for any events occurring after the award of the Prize (except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees). Nothing in this clause or these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the Non-Excludable Guarantees.
r) The program itinerary and details of the Prize are at the discretion of the Visit Greater Palm Springs team and are subject to change.
s) The Promoter and Visit Greater Palm Springs team do not manage the Prize Winner or the Prize Winner’s guest’s visa application process or any COVID-19 entry requirement processes required by the destination country in which the Prize is to be taken. All visa and COVID-19-related issues must be handled by the Prize Winner. Should a Prize Winner be denied a visa or entry into the destination country due to COVID-19, an alternative Prize Winner will be drawn, if timing permits, as the package remains non-refundable and non-transferable.
t) Any ancillary costs associated with redeeming the Travelex Money Card are not included. Any unused balance of the Travelex Money Card will not be awarded as cash. Redemption of the Travelex Money Card is subject to any terms and conditions of the issuer including those specified on the Travelex Money Card, which can be found at https://www.travelex.com.au/product-disclosure-documents-and-terms-conditions
(for cards issued in Australia) or https://www.travelex.co.nz/travel-money-card
(for cards issued in New Zealand).
u) Flights to the destination country will be from the Prize Winner’s nearest international airport, that flies to the destination country. The Prize Winner will be responsible for the Prize Winner and the Prize Winner’ guest’s own transport to and from their nearest International Airport.
If, for any, reason a winner does not take a Prize by the time stipulated by the Promoter, then the Prize will be forfeited. The Promoter reserves the right to award the Prize to a reserve Entrant drawn, if an originally drawn winner is ineligible. The Prize Winner will not be entitled to a refund or credit note for the travel.
If a 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.
Total Prize pool is valued at up to AUD/NZ $12,000.
The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for the Prize, if unclaimed, (“Unclaimed Prize) may take place on 20 February 2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. The first valid Entry drawn and successfully contacted by phone and in writing will win the Unclaimed Prize. If the Unclaimed Prize winner cannot be contacted within 48 hours, the Promoter will contact the next drawn winner until an Unclaimed Prize winner is determined. The Unclaimed Prize winner, if any, will be notified in writing within 48 hours days of the draw and their name will be published online at https://www.travelex.com.au/
on 27 February 2023.
In the event of war, terrorism, state of emergency or disaster, pandemic, or other events causing disruption to travel, 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.
The Prize Winner and otherwise Unclaimed Prize winners (collectively, “Winner(s)”) consent to the Promoter using their name, likeness, image and/or voice (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).
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.
Any cost associated with accessing the Promotion website is the Entrant’s responsibility and is dependent on the internet service provider used.
As a condition of accepting Prize, the Prize Winner (and his/her companions) 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.
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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, and without limiting any exclusion of liability set out herein, 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 a tour or travel activity is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter (f) any tax liability incurred by a Winner or Entrant; or (g) use or taking of a Prize or participation in a Prize; (h) the Promotion or any Prize.
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Any question concerning the legal interpretation of these Terms and Conditions will be based on the laws of NSW, Australia and the Courts of NSW, Australia will have exclusive jurisdiction.
If any of the provisions of these Terms and Conditions becomes or is invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and such invalid, illegal or unenforceable provisions shall be deemed severed from these Terms and Conditions and Travelex shall be entitled to replace such severed provisions with such other provisions as it may deem fit.
The headings to the clauses of these Terms and Conditions shall not be taken into consideration in the interpretation or construction thereof or of these Terms and Conditions.
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. In the event of any inconsistency between the English language version of these Terms and Conditions and any other language version, the English language version shall prevail.
NSW Authority No. TP/01681. ACT Permit No. TP22/01703. SA Permit No. T22/1381