Competition Terms and Conditions
VA-X and Win Competition
A. General
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 active Velocity Frequent Flyer members who
reside in Australia aged 18 years and over who have had two (2) doses of Therapeutic Goods Administration
(“TGA”)-approved COVID-19 vaccinations in Australia at the time of entry into
this Promotion (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 and
agencies associated with this Promotion are not eligible to enter this
Promotion.
5.
The Promotion commences at 12:01
am AEST on 1 September 2021 and ends at 11:59 pm AEDT on 31 December 2021 (Promotion
Period).
B. Entry
6. To enter the Promotion, Entrants must, during the Promotion
Period, (1) provide their full name, email address and Velocity member number
via the entry form on https://competitions.virginaustralia.com/competition/vaxandwin; and (2)
agree to provide proof of receipt of a TGA-approved COVID-19 vaccine and that
both doses of the COVID-19 vaccine had been received at the time of entry if the
Entrant is a Winner.
7. COVID-19
vaccines must be undertaken on the advice of a health practitioner. To find out
if you are eligible to receive a vaccine, please visit the Vaccine Eligibility
Tracker at: https://www.health.gov.au/resources/apps-and-tools/covid-19-vaccine-eligibility-checker.
8. There
is a limit of one entry per person for the duration of the Promotion Period.
9. 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.
10. If you enter the Promotion but no longer wish to participate,
please email info@velocityfrequentflyer.com
and you will be removed from the
Promotion.
C. Selecting Winners
12. The draw will be conducted on 10 January 2022 at 10:00am AEDT at Anisimoff
Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina, NSW 2250. All
decisions of the Promoter are final and no discussions or correspondence will
be entered into by the Promoter. The Promoter may draw additional reserve
entries and record them in order in case an invalid entry or ineligible Entrant
is drawn.
13. The winner or winners (a Winner) will be notified in
writing within two (2) business days of the draw/relevant draw and their names
will be published on www.velocityfrequentflyer.com on 12 January 2022.
14. If a prize is not claimed within 3 months of the draw, a
redraw will occur. A draw for any unclaimed prizes may take place on 11 April 2022
at the same time and place as the original draw, subject to any directions from
a regulatory authority.
15. A redrawn Winner, if any, will be notified in writing within
two (2) business days of the draw. The name of any re-draw Winner will be
published on www.velocityfrequentflyer.com on 13 April 2022.
16. 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.
17.
This is a game of chance and skill
plays no part in determining the outcome.
D. Prize
18. There are 250 Prizes to be won. The first 250 valid entries
drawn will win:
b)
2nd Prize: The next 10 Winners will each
win 100,000 Velocity Points (estimated value of $3,051.60AUD including GST)
which will be awarded to the winner’s Velocity Frequent Flyer account as set
out in paragraph 21.
c)
3rd Prize: The next 25 Winners will each win
a Prize Certificate for a return domestic Business Class
flight for one person with Virgin Australia (estimated value of $1,500AUD
including GST).
d)
4th Prize: The next 50 Winners will each win
a Prize Certificate for a return domestic Economy Class flight for one person with
Virgin Australia (estimated value of $500AUD including GST).
e)
5th Prize: The next 30 Winners will each win
a Virgin Australia Lounge membership valid for 12 months from issue (estimated
value of $399.00AUD including GST).
f)
6th Prize: The next 50 Winners will each
win 10,000 Velocity Points (estimated value of $305.00AUD including GST) which
will be awarded to the winner’s Velocity Frequent Flyer account as set out in
paragraph 21.
g) 7th Prize: The next 85 Winners will each win a set of Virgin Australia pyjamas (estimated value of $15AUD including GST).
19. Total prize value is $151,502AUD (including GST). The prizes are not exchangeable, transferrable and cannot be taken as cash.
20. If any prize (or part of any 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.
21. The Velocity Points will be credited to your account within 30
days of acceptance of the Prize by the Winners.
22. Use of
Velocity Points is subject to the Velocity Members Terms and Conditions, which
are located on the Velocity Frequent Flyer website at: https://www.velocityfrequentflyer.com/content/TermsConditions/
23. The first valid entry drawn will win the first prize of 1,000,000
Velocity Points which may be redeemed for goods and services with a maximum
value of $30,516.43AUD (including GST). The next 10 entries drawn will win the
second prize of 100,000 Velocity Points which may be redeemed for goods and
services with a maximum value of $3,051.60AUD (including GST) The 50 entries
drawn for sixth prize of 10,000 Velocity Points which may be redeemed for goods
and services with a maximum value of $305.00AUS (including GST). Velocity Points will be allocated to the
Velocity Member’s Account only. Value is based on a sample of the Velocity
Frequent Flyer Points options that could be obtained by redeeming the prize
through the Velocity Frequent Flyer Points program at the time of this
Promotion (as more fully defined in the terms and conditions of the Velocity
Frequent Flyer Points program which can be viewed at www.velocityrewards.com).
The estimate of value is provided for the purposes of licensing this promotion
only – the value of the Velocity Frequent Flyer Points will vary depending on
how and when they are redeemed by the winners through the Velocity Frequent Flyer
Points program.
24. The Velocity Points can be redeemed through the Velocity
Points program in several ways, in accordance with the terms and conditions of
the Velocity Frequent Flyer Points program and Velocity Frequent Flyer Points
store.
25. Flights are subject to Virgin Australia’s Conditions of
Carriage which are located on the Virgin Australia website at www.virginaustralia.com.
26. To
redeem the flights, each prize winner
will be given further instructions on how to redeem the Prize Certificate via
email upon being notified they are a winner.
27. Flight
prizes are subject to booking, flight availability and any relevant blackout
periods.
28. If for any reason, the Winner does not, once the flights have
been booked, notify Virgin Australia at least 24 hours prior to scheduled
departure that they are unable to take the booked flight at the time
stipulated, their prize will be forfeited and cannot be redeemed for cash.
29. The
Prize flights will not earn Velocity Points.
30. Virgin Australia Lounge Memberships are subject to the Lounge Terms and Conditions and Lounge Rules.
31. It is a Winner’s responsibility to ensure that they 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.
32. 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.
33. 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.
34. The prize will be awarded to the Entrant named in the entry.
E. Contacting the Entrant
35. 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.
36. To be eligible to be a Winner, an Entrant must provide
evidence that the Entrant has received both doses of a COVID-19 vaccine and that both doses of the COVID-19
vaccine had been received at the time of entry into the Promotion. If a Winner
does not provide evidence that the Winner has received a COVID-19 vaccine to
the Promoter’s reasonable satisfaction, the Winner will be deemed to not be
eligible to receive the Prize.
37. 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.
38. Subject
to the unclaimed prize draw clause, if for any reason a Winner does not accept 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.
39. he
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
40. 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.
41. 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, 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.
42. 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.
G. Tax
43. 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 in regards to any connection with participating in the
Promotion or the receipt or use of any prize.
44. Entrants or the Winners 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.
45. 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.
46. The Promoter 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 any of the prizes.
47. 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.
48. The Promoter, its agents and associate 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.
H. Legal
49. 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.
50. 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.
51. 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, subject to any written directions
given under State Regulation.
52. 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, subject to any written direction given under
State Regulation.
53. 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 and
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).
54. 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.
55. 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.
56. Velocity
Frequent Flyer Pty Ltd ACN 601 408 824 (“Velocity Frequent Flyer” or
“Promoter”) is collecting your personal information, including your sensitive
information (being your vaccination status), for the purposes of conducting the
Promotion. This may include assessing entries to the competition, providing any
prize to you, publishing a list of Winners on the Velocity and Virgin Australia
websites, and using a Winner’s name, likeness, image and/or voice for
promotional purposes. By entering the Promotion, you consent to the Promoter
collecting, using and disclosing your personal information, including your
sensitive information, for these purposes and otherwise in accordance with the
Promotion Terms & Conditions and the Velocity Privacy Policy. To be
eligible to be a Winner, an Entrant must be prepared to provide evidence that
they have received both doses of a COVID-19 vaccine and that both doses of the
COVID-19 vaccine had been received at the time of entry into the Promotion. If
the Promoter cannot collect your personal information, we will not be able to
enter you in the Promotion or provide you with a prize. In addition to
publication of a list of Winners, the Promoter may also disclose your personal
information to and/or collect your personal information from its related
companies (including Virgin Australia Airlines Pty Ltd) and third parties who
provide (or help the Promoter provide) products and services. The Promoter may
disclose your personal information to persons or organisations located in
overseas countries, as described in the Promoter’s Privacy Policy. The
Promoter’s Privacy Policy (https://experience.velocityfrequentflyer.com/member-support/privacy/privacy-policy) also contains details about how we handle your personal information,
how you can access or correct your personal information and how to make a
privacy complaint.
57. You consent to the Promoter using your personal information
for future promotional and marketing purposes regarding the Promoter’s products
and services, including contacting the entrant via SMS and email messages (and
you consent to receiving such messages from the Promoter). Information on how to opt-out from these
messages is set out in the Promoter’s Privacy Policy.
58. Entrant’s personal information may be disclosed to State and
Territory lottery departments and Winners’ names published as required under
the relevant lottery legislation. A request to access, update or correct any
information should be directed to the Promoter.
59. NSW Permit Number: TP/00381 and ACT Permit Number TP 21/01417 and SA Permit Number T21/1290