Valentines Day Deliver on Love Jetstar Competition Terms and Conditions
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- Margery Atkinson
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1 Valentines Day Deliver on Love Jetstar Competition Terms and Conditions 1) Information on how to enter forms part of the terms and conditions of entry. Entry into the promotion acceptance of a prize is deemed acceptance of these terms and conditions.headings in this document are included for ease reference, and do not affect interpretation in any way. 2) The promoter is Jetstar Airways Ltd (ABN: ) of Level 4, 222 Bourke Street, Melbourne VIC 3000 telephone number (+61) (Promoter). Duration 3) The promotion commences at 5:00pm (AEDT) on Thursday 30 January 2014 and closes at 5.00pm (AEDT) on Thursday 6 February 2014 (Promotion Period). Eligibility to enter 4) Entry is open only to Australian residents aged 18 years and over who s Instagram account (Eligible Entrants), excluding directors, management, employees and their immediate families of the Promoter and its related bodies corporate and registered travel companions of employees of the Promoter and its related bodies corporate. Entry into the promotion 5) To enter, Eligible Entrants must, during the Promotion Period: (a) Log into their personal Instagram account via the mobile application and visit the Jetstar Australia Instagram page (JetstarAustralia); (b) "Follow" Jetstar on the Instagram page to be able to enter the competition; (c) Post a photo featuring yourself and your partner with the hash tag #deliveronlove and (d) The post must include why you and you partner should be reunited on Valentine s Day in 15 words or less. (e) The post must also include the city you live in and the city your partner lives in, and the nearest Jetstar ports where you would like to fly on Valentine s Day to meet your partner. 6) Eligible Entrants must ensure that either: a) Instagram photos and accounts are not set to private (privacy must be turned off ) so that the Promoter can view and access your photo once it has been submitted; or b) If your Instagram photos are set to private, that the Promoter has permission to follow you on Instagram for the duration of the Promotion Period. 7) It is a condition of entry and accepting a prize that the winners sign a talent release in a form provided by the Promoter where they agree to be filmed, photographed and recorded to appear in media and promotional activities prior to Valentine s Day and on Valentine s Day at the airport upon departure and arrival. 1
2 8) The promoter requests that winners send 4 travel photos, (2 destination images and 2 of the couple), taken on their trip on Valentine s Day to the Promoter by ing the images to instagram@jetstar.com within 4 days of returning from the prize trip. 9) By providing Travel Photos to the Promoter, the winner: a) grants the Promoter the License described in clause 15; and b) confirms that all persons appearing in Travel Photos have consented to the Winner providing copies of the Travel Photos to the Promoter to be used in accordance with these terms and conditions. 10) The Promoter is not responsible for any technical malfunction of any communications network or any lost, late, delayed, ineligible, incomplete, corrupted or misdirected entries, howsoever caused. 11) The time of entry will be deemed to be the time the entry is received by the Promoter. 12) The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 13) If there is a dispute as to the identity of an Eligible Entrant, the Eligible Entrant will be deemed to be the person in whose name the Instagram account is held. 14) At all times, Eligible Entrants agree to act in accordance with Instagram s Terms of Service and other related policies (available at instagram.com/legal/terms). 15) The Promoter will not accept entries that it deems, in its absolute discretion, to be unlawful, fraudulent, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication. License to use Entry 16) By entering and tagging a photo #deliveronlove and by ing travel photos to the Promotor, Eligible Entrants grant a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and reproduce your photo, including without limitation in any online media formats and through any social media channels, pages or accounts and in Jetmails (electronic mails). You are able to revoke this license at any time by contacting Jetstar in writing at instagram@jetstar.com and informing us that you no longer want us to use your photo. 17) The winner agrees to sign and execute any documents necessary to give effect to the license in clause 16. 2
3 Judging of entries 18) The judges decision is final and no correspondence will be entered into. Chance plays no part in determining the winning. 19) Entries will be judged based on their originality; quality of their photo, and their personal story on long-distance love. 20) Judging will take place at 10am (AEDT) Friday 7 th February at 222 Bourke St, Melbourne VIC 3000 and will be conducted by the Promoter. The prize 21) It is a condition of entry that the prize winner accepts all conditions of use of the prize. 22) There will be 5 prizes in total for 5 couples. Each prize is valued at a maximum of AUD$1000 based on recommended retail value at the time of printing. The Promoter accepts no responsibility for any variation in the value of the prize. 23) The prize is: - 1 return domestic economy class Jetstar flight from the Winner s nearest Jetstar port during Valentine s week (between 13 February and 17 February). Flights include a checked baggage allowance of 20 kg per passenger. 24) The prize includes GST and taxes included in the price of the ticket. Unless otherwise stated, the prize does not include travel insurance, passports, visas, and meals, taxes not included in the price of the ticket, ground transportation or any other costs of a personal nature. Compliance with any health or other government requirements is the responsibility of each prize-winner and their companion. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. Prize travel is subject to Jetstar s General Conditions of Carriage. 25) Prize travel is subject to availability at the time of booking. The winners will not accrue Qantas Points on the prize travel. An upgrade cannot be purchased on airfares with cash or Qantas Points. 26) The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. The prize is not exchangeable or redeemable for cash or other goods or services. The prize cannot be transferred to any other person, unless agreed to by the Promoter. There can be no changes made to travel arrangements once tickets are issued. The prize must be used as stated, otherwise it will be forfeited. 27) If the 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 3
4 Notification of the winner 28) All winners will be notified via Instagram on their winning post. The Promoter will place a comment on the winning photo entry by 12pm (AEDT) Friday 7 th February. That comment will contain the instagram@jetstar.com address and winning entrants must respond to the Promoter via that by 11 59pm (AEDT) Sunday 9 February Right of the Promoter to rejudge 29) The Promoter reserves the right to rejudge in the event of an entrant being unable to satisfy these promotion terms and conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed by 9am (AEDT) Monday 10 th February 2014, a second round of judging will take place on Monday 10am (AEDT) 10 th February 2014 at 222 Bourke St, Melbourne VIC 3000 subject to any written direction given under applicable law. Any winners determined in accordance with this clause will be notified by a comment on their photo entry by 2pm (AEDT) on Monday 10 th February, Limitation of liability and variation of terms 30) If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion. 31) The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties. 32) The exclusion of liability in clause 31 does not apply to limit or exclude liability: a) For personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promoter in the ordinary course of business. To remove doubt: third party goods or services, which other than in connection with this promotion, are in the normal course of business supplied by a third party unrelated to the Promotion Parties, are not supplied by the Promoter in the ordinary course of business; and the Promoter s Conditions of Carriage and general booking conditions (and any exclusions contained therein) apply despite any statement to the contrary in these terms and conditions; or 4
5 b) To the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law). Entry details and privacy 33) Entry details remain the property of the Promoter. The name and photograph of the winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter at the time of accepting the prize. Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes (including to third parties involved in the promotion/mdsa and any applicable statutory authorities) and to conduct marketing activities. Without limiting the foregoing, entrants personal information provided in connection with this promotion will be handled in accordance with the Promoter s Privacy Statement, a copy of which is available at Tax Implications 34) The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought. 5
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