Competition Terms and ConditionsGame of Skill
Win 1 Million Velocity Frequent Flyer Points - Conditions of Entry
1. Information on how to enter this Promotion, mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each Entrant.
2. Entry is open to Velocity members who are Australian residents, aged 18 years or over (Entrants).
3. The Promoter is Velocity Frequent Flyer Pty Ltd (ACN 601 408 824) of registered address 275 Grey St, South Brisbane QLD 4101.
4. The directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate are not eligible to enter this Promotion.
5. The Promotion commences at 0:01am AEST on 26 April 2023 and ends at 11:59pm AEST on 31 October 2023 (Promotion Period).
6. To enter the Promotion, Entrants must:
7. Only one entry per Velocity member permitted even if member flies on multiple United Airlines, Air Canada or Hawaiian Airlines flights during the Promotion Period.
8. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Illegible, incomprehensible and incomplete entries will be deemed invalid. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by the Promoter. Only entries that earned Velocity Points flying United Airlines, Air Canada or Hawaiian Airlines during the Promotion Period will be deemed acceptable.
9. If you enter the Promotion but no longer wish to participate, please email firstname.lastname@example.org and you will be removed from the Promotion.
10. The winning entry may be featured on the Promoter’s media accounts at its discretion. Entrants acknowledge and agree that entries submitted for this Promotion are subject to section F of these conditions.
11. Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary.
12. 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. Facebook will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a Prize), except for any liability which cannot be excluded by law. The Entrant releases Facebook and its associated companies from all liabilities arising in respect of the Promotion. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook.
13. This Promotion is in no way sponsored, endorsed or administered by, or associated with LinkedIn. Entrants understand that they are providing their information to the Promoter and not to LinkedIn. 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 LinkedIn. LinkedIn will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a Prize), except for any liability which cannot be excluded by law.
14. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. 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 Instagram. Instagram will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a Prize), except for any liability which cannot be excluded by law.
C. Selecting Winners
15. This is a game of skill; chance plays no part in determining the winners. Each entry will be individually judged; the criteria for judging includes, amongst other things, the originality, creative merit and relevance of the answer to the question.
16. The judging will be conducted on 13 November 2023 at 9:00am AEST at the Promoter’s registered address. All decisions of the Promoter are final and binding on each Entrant, no discussions or correspondence will be entered into. The Promoter may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible Entrant.
17. The winning entry (Winner) will be notified in writing within two (2) business days of the decision being made and their name/s will be published on https://competitions.virginaustralia.com/competition/Points-jet-setter-0423
18. The Bonus Points Prize(s) will be automatically allocated to the Winner’s Velocity membership account within 2 days of the notification.
19. Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant Prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received.
20. There is 1 prize of 1 Million Velocity Points to be won (Prize). The best valid entry, as determined by the judges, will win the Prize.
21. The Prize is awarded “as is” with no warranty or guarantee, either express or implied by the Promoter. The Winner may not substitute, assign, exchange, transfer or redeem the Prize for cash. Velocity Points are non-transferable and have no cash, credit or refund value, and if sold, bartered or altered would automatically be void.
22. The Prize will be awarded to the Entrant named and Velocity membership number in the entry (names must match).
E. Contacting the Entrant
23. By entering this Promotion, Entrants agree to be contacted in relation to this Promotion by the Promoter. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
24. 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.
25. The Promoter reserves the right to request that a Winner provides proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim a Prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof as determined by the Promoter in its sole discretion, the Winner will forfeit the Prize in whole and no substitute will be offered.
F. Intellectual Property
26. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b) their Content shall not contain viruses or cause injury or harm to any person or entity;
c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d) the Content is the original artistic and/or literary work of the entrant that does not infringe the rights of any third party;
e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
27. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Such use may include social media channels, publications including our inflight magazine and television commercials. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.
28. The Promoter may want a Winner to participate in promotional activity after the Promotion has ended. In consideration for the Promoter awarding the Prize to a Winner, the Winner permits the Winner’s image and/or voice, as recorded, photographed or filmed during the Winner’s participation in the Prize to appear in any media whatsoever throughout the world for an unlimited period and the Winner will not be entitled to any fee for such use.
29. The Promoter will not be liable for any tax liability, including without limitation income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits, incurred by a Winner, an Entrant, and/or another party in regards to any connection with participating in the Promotion or the receipt or use of any Prize.
30. Entrants, the Winner and/or another party will be required to pay any taxes and other airport related charges (including any applicable GST on those taxes and charges) which may be due on receipt or use of the Prize.
31. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability and/or reportable fringe benefits before acceptance or use of a Prize.
32. The Promoter does not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using a Prize.
33. The other party must ensure that all promotional and marketing material prepared by the other party relating to the Promotion sufficiently notifies Entrants of the above conditions.
34. The Promoter, it’s agents and associated companies are not responsible for and exclude all liability (including negligence), for any variation in the Prize value to that stated in these Conditions of Entry.
35. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in 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.
36. 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.
37. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions.
38. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
39. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), or any other implied warranties under the ASIC Act 2001 (Cth) in Australia, or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). The Promoter, its associated agencies and companies (and their respective officers, employees and agents) excludes all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Promotion or any Prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, Prize claims or Prizes; (iv) any variation in Prize value to that stated in these Conditions of Entry; and (v) acceptance and/or use of any Prize (including but not limited to any component of a Winner’s trip).
40. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Promotion. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
41. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
44. A request to access, update or correct any information should be directed to the Promoter.