NT Giveaway - Competition Terms and Conditions

NT GIVEAWAY

Sign-up to WIN Conditions of Entry

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 Australian residents who are 18 years or older (Entrants).
3. The Promoter is Afends Pty Ltd (ABN 12 086 400 473) of registered address 1/7 Brigantine St, Byron Bay NSW 2481.
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 13:00 AEST on 12 December 2022 and ends at 23:59 AEST on 23 December 2022 (Promotion Period).

B. Entry

6. To enter the Promotion Entrants must, during the Promotion Period:
7. Visit https://afends.com/pages/virgin-nt-giveaway
8. Register your details including first name, last name, mobile number and email address;
9. Select ’yes’ to subscribe to promotional emails from Virgin Australia (‘V-mail l’); Afends; House of Darwin and NT Now.
10. Select ‘yes’ to agree to these Conditions of Entry. You have not included NYT subscription?
11. Comment on Instagram what is on your bucket list for your trip to NT within a few words. In your answer, you can mention a specific destination in the Northern Territories.

7. 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.
8. If you enter the Promotion but no longer wish to participate, please email customer-service@afends.com and you will be removed from the Promotion.
9. Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary.
10. There is a limit of one entry per person for the duration of the Promotion Period, except when Entrants will be eligible to receive additional entries by referring a friend to sign up to Vmail using the unique URL provided by the Promoter once the Entrant has successfully entered the competition by email. The unique URL can be shared via Facebook, Twitter and email with up to 50 friend referrals per day during the Promotion Period. Entrants will receive three additional entries per completed entry by a referred friend from their unique URL. Entrants are not encouraged to forward any emails containing personal information. You must only send referral messages to friends and family members with their consent.
11. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

C. Drawing Winners

12. The draw will be conducted on 26 December 2022 at 3:00pm at 1/7 Brigantine St, 2481 Byron Bay, NSW. 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. An Entrant is only eligible to be awarded one Prize. For avoidance of doubt, if a winning Entrant is drawn more than once a redraw will take place.
14. A draw for any unclaimed prizes may take place on 06 January 2023 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.
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 is 1 major prize to be won.
19. The Major Prize consists of:
20. The Prize includes: (a) one booking for a return Economy Class flight with Virgin Australia for the Winner and one other person of their choosing (their Guest) to Darwin,from the Winner's closest Australian home port serviced by Virgin Australia; (The average total prize value is AUD$2500 (including GST).

The Prize is subject to the full competition Terms and Conditions and is not exchangeable and cannot be taken as cash. Flights on Virgin Australia are subject to availability and the Virgin Australia Conditions of Carriage, located at 

http://www.virginaustralia.com/au/en/about-us/legal-policies/conditions-of-carriage. 

20. Blackout periods for flights and accommodation apply. The Winner is responsible for all other expenses associated with accepting the Prize. Full competition Terms and Conditions can be accessed at 

https://competitions.virginaustralia.com/competition/queenstown-weekend-away_terms-and-conditions.

21 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 2023. the Prize flights will not earn Velocity Points.

22 Flights are subject to Virgin Australia’s Conditions of Carriage which are located on the Virgin Australia website at www.virginaustralia.com.

23 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.

24 The Prize flights will not earn Velocity Points.

25 The prizes will be awarded to the Entrant named in the entry.

1. One (1) $5,000 voucher with NT Now (including GST). Prize valid on NT Now product only

• Valid for travel until 30 September 2023.
• Subject to availability.
• Any and all costs associated with collecting the prize including but not limited to taxes, transport, accommodation, meals, beverages, travel insurance, passports, visas, excess baggage and items of a personal nature are the sole responsibility of the entrant.
• Prize cannot be exchanged for cash.

26 The Major Prize Winners will be supplied with a Prize Winner Certificate which sets out the prize redemption conditions. All Prizes must be redeemed by 30 September 2023. Winners of the Minor Prizes will receive the NT Now Voucher by email and must be redeemed via https://ntnow.com.au.

1. Contacting the Entrant

27. 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.
28. 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.
29. Subject to the unclaimed prize draw clause, if for any reason a Winner does not redeem a 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.
30. 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

31. 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:
32. 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;
33. their Content shall not contain viruses or cause injury or harm to any person or entity;
34. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
35. the Content is the original artistic and/or literary work of the entrant that does not infringe the rights of any third party;
36. 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
37. 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.

32. 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.
33. 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

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.

34. 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.
35. 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.
36. 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.
37. 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.
38. 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

39. 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.
40. 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.
41. 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.
42. 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, unauthorized 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.
43. 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).
44. 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.
45. 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.
46. The Promoter is collecting your personal information for the purpose of conducting the Promotion, including providing any prize to you. 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. The Promoter will disclose your personal information to Virgin Australia and Northern Territories, as described in the Promoter’s Privacy Policy (www.afends.com/privacy-policy). The Promoter is also collecting your personal information for the purposes of signing you up to V-mail. Please read the “Privacy Statement - Virgin Australia V-mail” and our Privacy Policy located on our website (www.virginaustralia.com/privacy) for information about how we will handle this information.

The Promoter’s Privacy Policy (www.afends.com/privacy-policy) states how you can seek to access or correct your personal information and how to make a privacy complaint. You can contact the Afends Privacy Entity in at customer-support@afends.com. 

47. 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.

48. 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.

49. By participating in the Promotion, the Entrant acknowledges and agrees that - Afends (the promoter), Virgin Australia, House of Darwin and Northern Territory of Australia, care of its agent the Department of Industry, Tourism, and Trade (Tourism NT) - will use the Entrant’s personal information for future promotional and marketing purposes regarding Tourism NT’s products and services including contacting the Entrant via any contact details provided by the Entrant without further reference or compensation to the Entrant. If the Entrant does not wish to receive future marketing information from Tourism NT, the Entrant may request to not receive further promotional or marketing communications from Tourism NT at any time by contacting Tourism NT via Marketing.TourismNT@nt.gov.au or unsubscribe from the mailing list at the time of receiving any promotional material.