Facebook Competition Terms and Conditions

1. Information on how to enter the Cruise Month (‘the Competition’) and Prize form part of these Terms and Conditions of entry. Entry into the Competition is deemed acceptance of these Terms and Conditions of entry.
2. The Promoter of the Competition is: Holiday and Cruise Centre, located at 613 Sturt Street, BALLARAT VIC 3350.

 Competition

3. To be eligible for the Prize, entrants must comment on the Facebook post, responding to the Competition question. Only one comment per entrant will be eligible.
4. The Winner will be determined by originality and creativity and awarded at the Promoter’s discretion.
5. Entry into the Competition is open to all persons living within the Central Highlands region and surrounds.
6. Employees of Holiday and Cruise Centre and their immediate families are not eligible to enter the Competition.
7. The Competition entry period commences at 9.00am (AEST) on 20 October 2018 and closes at 11:59pm (AEST) on 3 November 2018 (‘the Competition Period’).
8. The Competition Winner will be notified via Facebook in the week after the Competition Period (5-9 November 2018).
9. All entrants aged under 13 years of age agree that they have sought and obtained parent or guardian consent to enter the Competition on these Terms and Conditions, including granting the Promoter the rights to use the intellectual property in the entry of the Competition Winner.
10. The Winner agrees to be contacted by the Promoter in relation to the Competition and Prize collection.
11. Entries must comply with the following: (i) Entries cannot mention alcohol or cigarettes (ii) Entries may not violate or infringe (or reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights.
12. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of 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 Terms & Conditions of entry or who has, in the opinion of 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 Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

 Judging

13. There will be one (1) Competition Winner only.
14. The Competition Winner will be selected at the end of the Competition Period.
15. The Winner will be determined by the Promoter, at the Promoter’s discretion, using the selection criteria in paragraph 4 of the Terms and Conditions. The Promoter’s decision is final.
16. In the case of intervention of any outside agent or event which prevents or hinders its determination, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions.
17. If for any reason any aspect of the Competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to the approval of the relevant authorities in the relevant State, if required.
18. This is a game of skill and chance plays no part in deeming the Competition Winner.
19. The Promoter’s decision is final and no correspondence will be entered into.

 Prize

20. Prize means two (2) movie tickets up to the value of $40.
21. No component of the Prize can be exchanged, transferred or redeemed for cash. In the event that the Prize becomes unavailable, the Promoter reserves the right to provide a similar product to the same or greater value as the original Prize, subject to any applicable laws or written directions made under applicable legislation.
22. The Prize will be required to be collected from the Promoter at the registered address.
23. Unless the contrary intention appears, a reference in these terms and conditions or in any advertisement relating to the Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

 Competition Winner

The Competition Winner consents to the Promoter and its related bodies corporate using that Competition Winner’s name and image in any forms of promotional material. The Competition Winner consents to the Promoter repeating any such broadcast, film, photograph or other recording in any media at any time free of charge and without compensation.

24. The Promoter reserves the right to request a Competition Winner to provide proof, in a manner the Promoter deems suitable of the identity and age of the Competition Winner and any other person included in the Competition Winner’s photo/entry, the status of the Competition Winner’s Australian residency, and/or proof of the Competition Winner’s entry. In the event that a Competition Winner cannot provide proof to the satisfaction of the Promoter, that Competition Winner will forfeit their Prize in whole and no substitute will be offered.
25. If due to any reason whatsoever the Promoter becomes aware that a Competition Winner has not complied with any of the Competition’s terms and conditions, that Competition Winner will have no entitlement to the Prize, even if the Promoter has announced the Competition Winner, and will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.

 Intellectual Property

26. The entrant: (i) Agrees that the Promoter has a non-exclusive, irrevocable, royalty-free and licence fee-free, worldwide, perpetual licence to use the whole or any part of the entrant’s entry, including photos, images and any other materials submitted by the entrant, including by way of any media to promote the Competition and Choose Cruise campaign for any other purpose.
27. Warrants and agrees not to submit in the Competition any photo, image or any other materials which constitutes a breach of another third party’s privacy or an infringement of a third party’s intellectual property rights including copyright or trademark; and
28. Warrants that the Promoter’s use of the entrant’s entry, including photos, images and any other materials submitted by the entrant, will not be in breach of any third party intellectual property rights including copyright or trademark.

 Privacy

29. The Promoter collects and uses entrant’s personal information in order to conduct the Competition. The entrant agrees that this includes disclosing the entrant’s personal information to the Promoter and other entities, including third parties, responsible for administering the Competition or for the purposes of processing and conducting the Competition or communicating with the entrants. If the information requested is not provided, the entrant may not participate in the Competition.
30. Where the entrant provides to the Promoter details, images or any other materials of other person(s), the entrant must obtain consent (or in the case of a minor, appropriate consent required by law from the minor’s parent or guardian) from the other person(s) for the other person(s) details or image to be provided to the Promoter, any of the Promoter’s related bodies corporate, or to third parties for the purposes of processing and conducing the Competition, and that the other person(s) may be contacted by the Promoter or any of its related bodies corporate in relation to this competition.

 Disclaimers

31. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt by the Promoter, not at the time of transmission by the entrant.
32. The Promoter and its related bodies corporate, associated agencies and companies associated with the Competition will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the Competition, accepting or using any Prize, and failing to claim any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
33. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. All information the entrant provides is provided to the Promoter and not Facebook. Any information the entrant discloses will be treated in accordance with these terms and conditions and the Promoter’s Privacy Policy.
34. Each Entrant agrees to release Facebook from any liability arising in any way from the Entrant’s participation in the Competition.
35. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Competition or of these terms and conditions, subject to applicable laws and subject to the approval of the relevant authorities in the relevant State, if required.