Competition Terms and ConditionsGame of Skill
Queenstown Weekend Away Competition Terms and Conditions
1. The terms of this document, information on how to enter the Queenstown Weekend Away Competition promotion (this Promotion), the mechanics of entry and the prizes form part of the terms and conditions for entry into this Promotion (Terms and Conditions). Entry into this Promotion (and acceptance of the Terms and Conditions on the entry page) is deemed acceptance of the Terms and Conditions by each Entrant.
2. Entry is open to all Australian residents 18 years old and over (Entrants or you).
3. The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) 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 and agencies associated with this Promotion are not eligible to enter this Promotion.
5. The Promotion commences at 09:00am AEST on 21 November 2022 and ends at 23:59pm AEST on 4 December 2022 (Promotion Period).
6. To enter the Promotion, Entrants must, during the Promotion Period:
7. There is a limit of one entry per person for the duration of 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.
9. If you enter the Promotion but no longer wish to participate, please email email@example.com and you will be removed from the Promotion.
10. The winning entries may be featured on the Virgin Australia social media accounts or in Virgin Australia’s inflight magazine 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 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.
14. This Promotion is in no way sponsored, endorsed or administered by, or associated with TikTok. Entrants understand that they are providing their information to the Promoter and not to TikTok. 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 TikTok. TikTok 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 winner(s). 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 7 December 2022 at 14:00 AEST at Virgin Australia Head Office, 275 Grey St, South Brisbane QLD 4101. 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 Winners will be notified in writing via email within two (2) business days of the decision being made and their names will be published on the Virgin Australia competition landing page once they have accepted the Prize (via email or phone).
18. The Winners must accept their Prize by 12:00pm AEST 9 December 2022. If a Prize is not claimed by 12:00pm AEST 9 December 2022, the Prize will be forfeited by the original Winner, and the next best entry will be selected within two (2) business days of 9 December 2022 and notified that they are the Winner in writing via email. The name of the new Winner will be published on the Virgin Australia competition landing page once they have accepted the Prize (via email or phone).
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. The best valid entries, as determined by the judges, will win the Prize. There are two Prizes to be won. The Prize includes:
21. The average value of the prize is AUD$3000 (including GST). This is based on two travellers departing from Sydney on 27 May 2023 to Queenstown (ZQN); and departing Queenstown (ZQN) on 29 May 2023 to Sydney. The Prize value may vary depending on the airport the Winner and their Guest decide to depart from. The Prize is subject to the limitations set out in these Terms and Conditions and awarded “as is” with no warranty or guarantee, either express or implied by the Promoter. A Winner may not substitute, assign, exchange, transfer or redeem the Prize for cash. In particular:
(a) the Prize only includes two nights of accommodation for the Winner (and if they choose, their Guest). If the Winner and their Guest would like accommodation on additional nights, the Winner and their Guest must organise their own accommodation for the remainder of their time in Queenstown and this will be at their own cost;
(b) subject to any disruptions and flight availability, the Winner and their Guest will be booked on a departing Economy Class Virgin Australia flight from the Winner’s closest Australian home port serviced by Virgin Australia to Queenstown (ZQN) and a return Economy Class Virgin Australia flight from Queenstown to the Winner’s closest Australian home port serviced by Virgin Australia. The times of the flights will be at Virgin Australia’s discretion;
(c) if the Winner would like to request alternate flight dates or times, such request may be made but any changes are solely at Virgin Australia’s discretion and subject to flight availability. Accordingly, the Promoter cannot guarantee provision of alternate flights on specific dates or at specific times.
22. If the Prize (or part of the Prize) is unavailable (including as the result of any flight disruptions, delays or cancellations), 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.
23. Once the Winner’s flights have been booked, a copy of the flight itinerary will be emailed to the Winner.
24. Flights are subject to Virgin Australia’s Conditions of Carriage which are located on the Virgin Australia website at www.virginaustralia.com.The Prize flights are subject to Virgin Australia’s fare rules which can be found here. Please refer to these rules for information about changing or cancelling your flight booking. Blackout periods for flights: 16 September 22 -03 October 22; 17 December 22 – 02 January 23; 06 April 23 - 24 April 23; 23 June 23-15 July 23; 15 September 23 - 06 October 23 and 17 December 23 – 31 December 23.
25. The Prize flights will not earn Velocity Points.
26. Accommodation is subject to availability at the time of booking. Travel may be booked between 7 December 2022 - 31 December 2023. The winner will be provided with a certificate for accommodation which contain additional terms and conditions and the original certificate must be presented upon arrival. Blackout dates apply for accommodation: 20 Dec 2022 - 20 Jan 2023, long weekends and public holidays. Please contact firstname.lastname@example.org to make your booking.
27. The Prize may be subject to additional third party terms and conditions.
28. It is a Winner’s responsibility to ensure that they (and their travel companion) have requisite visas, vaccinations, valid documentation (including but not limited to valid passports and visas) which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner.
29. A Winner is responsible for all other expenses including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the Winner and their travel companion.
30. The Winner must take the Prize in full, before 31 December 2023. The Prize is subject to blackout periods and booking and flight availability.
31. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination or as part of the Prize.
32. The Prize will be awarded to the Entrant named in the entry.
E. Contacting the Entrant
33. 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.
34. 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.
35. If for any reason the Winner does not take / redeem the Prize (or an element of the Prize) by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited.
36. 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, the Winner will forfeit the Prize in whole and no substitute will be offered.
F. Intellectual Property
37. 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:
Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
38. 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.
39. 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.
40. 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, their employer and/or another party in regards to any connection with participating in the Promotion or the receipt or use of any Prize.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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), as well as 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) exclude 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).
50. 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.
51. 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.
54. A request to access, update or correct any information should be directed to the Promoter.