American Express® Qantas 5 Million Sweepstakes
1) Information on how to enter this promotion forms part of these Terms and Conditions. Entry into the promotion and/or acceptance of the prize is deemed acceptance of these Terms and Conditions.
2) The Promoter is American Express Australia Limited (ABN 92 108 952 085), 12 Shelley Street, Sydney NSW 2000, Ph (02) 9271-1111 ("Promoter").
3) The promotion commences at 12:01am AEST on 9/10/2013 and ends at 11:59pm AEDT on 6/11/2014 ("Promotion Period").
4) Subject to clause 5, entry is only open to residents of Australia aged 18 years or over who: (a) are existing American Express Card members; and (b) receive the promotional email Direct Mailer ("eDM") from the Promoter inviting them to register their card and enter ("Eligible Entrants").
5) Directors, management and employees (and their immediate families) of the Promoter, American Express Australia Limited (ABN 92 108 952 085), the Promoter's agencies associated with this promotion, and Qantas Airways Limited (ABN 16 009 661 901) ("Qantas") and their respective related bodies corporate, and registered travel companions of employees of Qantas and its related bodies corporate, are not eligible to enter this promotion. 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.
6) To be eligible, Eligible Entrants must, prior to completing the steps outlined in clause 7, register their American Express Card at www.amexnetwork.com.au/Bonuspoints, in accordance with the directions provided in the eDM sent by the Promoter and then answer in one hundred characters or less "What would you do with 250,000 Qantas Points?". Upon this the entrant must then purchase an eligible Qantas flight within the promotional period on their registered American Express Card. For the avoidance of doubt, Eligible Entrants are only required to register their American Express Card once.
7) To receive an entry, Eligible Entrants must then, during the Promotion Period, Purchase one (1) or more "Eligible Qantas Flights" (as outlined in clause 8) in one (1) single transaction within the Promotional Period, and pay in full using their American Express Card .
8) "Eligible Qantas Flight/s" means any Qantas purchase during the promotional period; (commences at 12:01am AEST on 9/10/2013 and ends at 11:59pm AEDT on 6/11/2014) using your registered American Express Card to be eligible to win, excluding the following: Qantas Frequent Flyer award bookings, Qantas Holidays packages, cancelled and refunded tickets.
9) One single entry is permitted for each registered American Express Card. The Card Member must answer the outlined question (as outlined in clause 6) within 100 characters or less and then make an eligible Qantas purchase during the promotional period. The Card Members answer will be judged during the week of the promotional period the eligible Qantas purchase is made.
10) The use of any automated entry or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
11) The Promoter accept no responsibility for:
a) any late, lost or misdirected entries; or
b) instances where Eligible Entrants are not entered into the competition due to forces beyond the Promoter's or Qantas' control.
12) If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
13) There will be 20 prizes each of 250,000 Qantas Points. The date of the Eligible transaction determines in which round of judging the entry will be judged. There will be four weekly rounds of judging. 5 winners will be selected in each round of judging. Judging will take place at American Express Australia Limited (ABN 92 108 952 085), 12 Shelley Street, Sydney NSW 2000, Ph (02) 9271-1111). Entries will be judged "based on the originality and creativity of their answer" The judges' decision is final and no correspondence will be entered into.
14) The selected winners will be notified by phone within five (5) business days of their selection. The result of the competition (and of the unclaimed prize selection if required) is final, and no correspondence shall be entered into.
15) The first twenty (20) eligible entries selected from all valid entries received will win a prize that is valid for the winner. The total maximum prize value of all 20 prizes is valued at up to $60,000. Prize includes:
• 20 winners to each receive 250,000 Qantas Points
• Should a winner not have a Qantas Frequent Flyer account, Qantas will set up a complimentary Qantas Frequent Flyer Membership and transfer the points directly into the account.
16) Qantas Points cannot be accrued on prize travel or accommodation, including without limitation any travel or accommodation paid wholly or in part with a prize voucher. An upgrade cannot be purchased on airfares with cash or Qantas Points.
17) Prize is subject to the standard terms and conditions of individual prize and service providers. Redeeming Qantas Points is subject to the terms and conditions of the Qantas Frequent Flyer Program, available at qantas.com/terms.
18) If the prize (or any 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.
19) Prize must be taken as stated and no compensation will be payable if the winner (or any/all companions) are unable to take the prize (or any part of the prize) as stated. Prize is not exchangeable or redeemable for cash or any other goods or services (unless otherwise specified). Prize cannot be transferred to any other person, unless agreed to by the Promoter or Qantas.
20) The Promoter and Qantas accept no responsibility for any variation in the value of the prize. The Promoter and Qantas accept no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.
21) 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 the State and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, Qantas (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.
22) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Qantas (including its respective officers, employees and agents) are not responsible for and exclude 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 the winner or Eligible Entrants.
23) The Promoter reserves the right to review entries in the event of an Eligible Entrant being unable to satisfy these Terms and Conditions or forfeiting or not claiming the prize.
24) Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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.
• transfer personal information confidentially to the Promoter's affiliates or other organisations that provide services/prizes in relation to this promotion, including transferring personal information to Australia, USA or other countries for processing; and
• disclose 'Eligible Entrants' personal information to State and Territory lottery departments;
• publish the winner's name as required under applicable law;
• use entry details for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant; and
• use the winner's personal information in any media for publicity purposes associated with the promotion without any further payment or other compensation, unless the winner otherwise notifies the Promoter at the time of accepting their prize.
26) As a condition of accepting the prize, the winner (and each 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.
27) The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant's identity, age and place of residence) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions, who is engaged in unlawful or other misconduct calculated to jeopardise the fair and proper conduct of the promotion or who tampers with the entry process. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 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.
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