Five Short Break Giveaways Competition Terms and Conditions General 1. Information published by the Promoter, as defined below, on how to enter and prize information form part of the Terms and Conditions of Entry ( Terms and Conditions ). Entry into this competition deems acceptance of these Terms and Conditions. 2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail. Who can enter? 3. Subject to clause 4, entry is open to all Australian residents over the age of 18, as of the date of entry who have fulfilled the requirements set out below. 4. Employees, directors, managers and contractors and their immediate families, of the Promoter and Promoter s parent company, affiliates, franchisees and retailers, suppliers and associated agencies and companies are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin. The Promoter is Choice Hotels Asia-Pac Pty Ltd (ABN 41 081 959 891) of 150 Jolimont Road, East Melbourne Victoria 3002 Australia (03) 9243 2400 (the Promoter ). How to enter 5. Entrants may enter the competition during the Promotional Period (defined below), by entering their details via the Promoter s website at http://www.needabreak.com/promotions/ 6. Entries must include all requested contact details to be eligible to win. Entrants may only enter their own name and contact details. Inaudible, incomprehensible, illegible, inappropriate or incomplete entries will be deemed invalid. Number of Entries permitted 7. Entrants will receive a maximum of one (1) entry into the competition. Prize on offer 8. There will be five (5) prizes (one drawn each month between August 2017 and December 2017), each with a prize value of up to $500. 9. Total prize value is up to $2,500 as of (24/07/2017) across the Promotional Period 10. Each prize consists of Prize Details 1 x Two (2) night Choice Hotels Accommodation voucher, redeemable for a stay in a standard room at any Choice Hotel in Australia. Valued up to $500 11. The prize is not transferable to another person. 12. If is the prize is unavailable, for whatever reason, then the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to Australian legislation. It is a condition of accepting a prize that the winner must comply with all the conditions of use of the 1
prize and prize supplier s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. 13. All accommodation is subject to availability at the chosen hotel. 14. The two (2) night Choice Hotels accommodation voucher is redeemable at Choice Hotels properties only. 15. Flights, ground transportation, car hire, taxes, gratuities, all meals, mini-bar items or any other related goods or service are to be paid by the winner. 16. Accommodation vouchers are valid for use from 12 months from the date specified on the winners prize pack. 17. Accommodation vouchers cannot be used during school holidays or public holidays. 18. Accommodation vouchers are valid for two (2) people in a double or twin standard room. 19. Accommodation vouchers can only be redeemed by contacting prizing@choicehotels.com.au. The winner cannot contact a hotel directly to redeem their prize. 20. The two (2) accommodation nights must be consumed on consecutive nights at the same Australian Choice Hotel. 21. Prize winners must provide a minimum of five (5) working days between contacting Choice Hotels to redeem the accommodation voucher and the check in date. 22. It is strongly recommended that each prize winner source their own travel insurance. Choice Hotels will not be responsible for any liabilities, losses, damages, costs or expenses arising from their death or any injury sustained by them while away or any loss or damage to their belongings. 23. By entering this competition, and by collecting a prize, all prize winners acknowledge and accept that travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of god, such as adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is travelling. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. The Promoter does not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered. Prize Open, Close, Draw and Publish dates 24. The competition commences 01/08/2017 at 00:01 AEST and ends 31/12/2017 at 23:59 AEDT. 25. The five (5) prize winners will be drawn on the below dates at the premises of Permitz Group Pty Ltd 2.03/4 Ilya Ave, Erina NSW 2250 at 14:00 AEDT on the following dates: 26. Prize Prize Description Date Drawn # 1 August Winner 05/09/2017 2 September Winner 03/10/2017 3 October Winner 07/11/2017 4 November Winner 05/12/2017 5 December Winner 09/01/2018 27. Entrants are eligible for all prizes that are drawn after their date of entry into the Promotion 28. The Promoter will ensure that all valid entries have an equal chance of winning a prize. 29. The winners will be notified via phone and email within two (2) business days of the draw and their names published on the Promoter s website (NeedaBreak.com). 30. Prize winners will emailed their vouchers via their nominated address within two (2) business days of confirming their mailing details. 2
31. The Promoter may conduct such further draws on the following dates to distribute any unclaimed prize if unclaimed by this date, subject to State and Territory legislation. Prize Prize Description Unclaimed Prize Draw # 1 August Winner 19/12/2017 2 September Winner 17/01/2018 3 October Winner 14/02/2018 4 November Winner 19/03/2018 5 January Winner 16/04/2018 32. Any unclaimed prize draw will take place at the same time and location (Permitz Group Pty Ltd 2.03/4 Ilya Ave, Erina NSW 2250) as the original draw. 33. Winners of any further draws will be notified by phone and email within two (2) business days of the draw and their names published on the Promoter s website (NeedaBreak.com). Further Terms and Conditions 34. Any personal data relating to the winner and any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant s prior consent. 35. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. 36. If any prize is unavailable, for whatever reason, then the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to Australian legislation. It is a condition of accepting a prize that the winner must comply with all the conditions of use of the prize and prize supplier s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. 37. The Promoter strongly recommends that a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize-winner. 38. The Promoter reserves the right to request winners to sign a winner s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) 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. 3
39. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions. 40. The Promoter s decision in relation to any aspect of the competition is final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner s nominated address as stated in their original entry. The Promoter and any third parties associated with this promotion will take no responsibility for prizes damaged or lost in transit. Copyright, Statutory guarantees, Waiver and liability 41. In participating in a prize, each winner agrees to participate and co-operate as required in all editorial activities relating to the competition, including but not limited to being interviewed and photographed. Each winner (and any companions of a winner) agree to grant the Promoter a perpetual, irrevocable and exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and each winner (and any companions of a winner) will not be entitled to any fee for such use. 42. In participating in a prize, each winner agrees to the use of his/her name and image if appropriate in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection and privacy legislation and will not be disclosed to a third party without the entrant s prior consent. 43. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including through any means or media on the internet. Photographs will be allowed only at the discretion of the Promoter and prize suppliers. 44. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize. 45. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generation and use scripting is not permitted and will not be accepted. 46. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. 47. Nothing in these Terms and Conditions limit, exclude or modify or purport to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other implied terms, conditions or warranties under other legislation ( Non- Excludable Guarantees ). Except for any liability that cannot by law be excluded, including liability under the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including in negligence) for any personal injury or death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition and promotion. 48. Except for any liability that cannot by law be excluded, including liability under the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including in negligence) for any personal injury or any cost, expense, liability, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, 4
arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize by any person. The Promoter (including its officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law including the Non-Excludable Guarantees, in which case such liability is limited to the minimum allowable by law to the total prize value specified in these Terms and Conditions. Authorised under: NSW Permit No. LTPS/17/16295 5