Terms & Conditions of Entry – WIN the Ultimate Philippine Getaway

 

 

 “OURTINERARY” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. The promoter is Philippine Department of Tourism (ABN 68 017 144 671) of Suite 703, Level 7, 301 George Street, Sydney, NSW 2000 (“Promoter”).

 

  1. Entry is only open to residents of NSW aged 18 years or over. Individuals must have a valid Facebook account to access the promotional page.

 

  1. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.

 

  1. Promotion commences  on 14/09/2016 and ends at 11:59pm AEST on 23/10/2016 (“Promotional Period”).

 

6. To enter, individuals must complete the following steps during the Promotional Period:

           a)   visit the Tourism Philippines: Australia & New Zealand Facebook Page at http://woobox.com/fr8ane                               (“Facebook Page”);

           b)   follow the prompts to the ‘Ourtinerary’ promotional page;

           c)   vote for their one (1) favourite activity to do in the Philippines (each an “Activity”) out of the twenty (20)                         Activity options available;

           d)   input the requested personal details (including their full name and a valid email address);

           e)   provide an original and creative answer to the promotional question “Why is it more fun in the                                           Philippines?” in 25 words or less; and

           f)   submit the fully completed entry form.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. Only one (1) entry permitted per person.

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of 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.

 

  1. 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.

  1. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the originality, literary merit and creative merit of the answer provided to the promotional question. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.

 

  1. The winner will be notified by email.

 

13. The Promoter’s decision is final and no correspondence              will be entered into.

 

  1. The best valid entry, as determined by the judges, will win a trip for two (2) adults to the Philippines, valued at up to AU$6,200 depending on the date of departure. Prize includes:
  • return economy airfares from Sydney, NSW to Manila, Philippines for two (2) adults;
  • transfers from the Manila airport to the accommodation and between accommodation cities (as required) for two (2) adults;
  • five (5) nights twin share accommodation in Boracay, Palawan, Siargao, Sorsogon, Bohol and/or Cebu for two (2) adults (exact hotel(s) and city(s) determined by the Promoter);
  • daily hotel breakfast on a set menu for two (2) adults;
  • AU$60 meal allowance per person per day (awarded via an electronic funds transfer into an Australian bank account in the winner’s name), to be used towards organising lunch, dinner and snacks for the duration of the trip; and the
  • the opportunity to participate in the three (3) Activities that received the highest number of votes during the Promotional Period.

 

  1. Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure airport in Sydney, NSW, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 07/11/17 and is subject to booking and flight availability and airline embargo. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement can not be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

 

  1. The winner and their companion acknowledge that the Activates may be dangerous activities that may result in injury or death, and participate at their own risk. The winner and his/her companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner or his/her companion from participating in the Activity if, at any time, they reasonably believe that the winner or his/her companion poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.

 

  1. If for any reason the winner does not take the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

 

  1. 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.

 

  1. Total prize pool value is up to AU$6,200.

 

  1. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

 

    21.  As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-             licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use,                       reproduce, modify, adapt, publish and display their entry for any purpose, including but not limited to future               promotional, marketing or publicity purposes, in any media, without compensation, restriction on use,                           attribution or liability.

 

  1. 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.

 

  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

 

  1. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.

 

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in NSW (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, 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 their 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) taking/use of and/or participation in the prize.

 

  1. As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

 

  1. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.tourismphilippines.com.au/privacy-policyIn addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (see the Promoter’s Privacy Policy for details).

 

  1. The Promoter will also pass PI onto Cebu Pacific Air of Cebu Pacific Building, Domestic Airport Road, Pasay City, 1301 Philippines, who will use and handle PI as set out in their Privacy Policy, which can be viewed at https://www.cebupacificair.com/Pages/privacy-policy.aspx.  In addition to any use that may be outlined in

 

  1. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php.

 

  1. 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.

 

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