Qantas Terms and Conditions
1. Information on how to enter forms part of the terms and conditions of entry. Acceptance of a prize is deemed acceptance of these terms and conditions.
2. The promoter is Qantas Airways Limited (ABN 16 009 661 901) of 10 Bourke Road, Mascot, NSW 2020 (Ph: (02) 9691 4773) (Promoter).
3. All references to are to the local time in Sydney, Australia, unless otherwise noted. The competition opens 12:01AM (AEST) 11 June 2014 and closes 11:59PM (AEST) 25 June 2014 (Promotion Period).
Eligibility to enter
4. Entry is open only to Australian residents aged 18 years or older (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 onto Instagram or Twitter and visit the Qantas Instagram page (QantasAirways); or Twitter profile (Qantas Airways)
(b) You must "Follow" Qantas on the Instagram or Twitter page to be able to enter the competition;
(c) Upload a photo that is taken in Western Australia in the #followmetowa style
Followmetowa style refers to the following;
i. Holding a hand leading viewer into a destination within WA
ii. only viewing the back and or side of the person in the shot
(d) You must tag @QantasAirways, include the hashtag #followmetowa and add a comment or description of the location
(e) The image must not be photoshopped or distorted, if it is, the entry will be disqualified
6. In the event that there are two or more identical photos submitted, the entry first submitted will be accepted, and all later entries will be disqualified. Multiple entries are permitted however each entry much be submitted separately and must be substantially unique
7. 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.
8. The time of entry will be deemed to be the time the entry is received by the Promoter.
9. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including 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.
10. 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.
a. At all times, Eligible Entrants agree to act in accordance with Instagram's and Twitter Terms of Service and other related policies available at http://instagram.com/legal/terms and https://twitter.com/tos
11. 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
12. By entering and tagging a photo @QantasAirways, 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, marketing materials and through any social media channels, pages or accounts. If you post a photo to Instagram and you tag the photo with #followmetowa, then are you granting Qantas Airways Pty Ltd (ABN:16 009 661 901) 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:
(a) any online media formats and through any social media channels, pages or accounts; and
(b) Advertising and corporate promotional materials (whether in printed or electronic form), such as brochures, Qantas' websites and in emails. (Licence). Note, this grants a broad licence to the Promoter to use the Entry, or any part of it, for free, but the Entrant retains the copyright in the Entry.
13. Eligible Entrants are able to revoke the Licence at any time by contacting the Promoter in writing at Attention: Felicity Simpson, Qantas Airways Limited, Building A, level 3, 10 Bourke Road, Mascot, NSW 2020 or via email at firstname.lastname@example.org and notifying the Promoter that the Eligible Entrant no longer wants the Promoter to use the photo. Any photos where the Licence has been withdrawn will be deemed ineligible for entry, and will not be judged.
14. Qantas does not claim any ownership rights in photos that are tagged with #followmetowa
Judging of entries
15. The judges' decision is final and no correspondence will be entered into. Chance plays no part in determining the winner.
16. Entries will be judged based on the originality and creativity.
17. Judging will take place on 27 June 2014 at midday (AEST) at 10 Bourke Road, Mascot NSW 2020 and will be conducted by the Promoter.
18. There will be one Prize. The maximum total prize value is AU$5,000 based on the recommend retail value of the prize and the exchange rate at the time of publication. The Promoter accepts no responsibility for any variation in the value of the prize.
19. The Prize is: AU$5,000 Qantas voucher to be used on Qantas flights anywhere in the Qantas network
20. The AU$5000 Qantas voucher is valid on services operated by Qantas Airways Limited only. The tickets cannot be used on services which are operated by another airline but which have a QF flight number (known as 'codeshare services'); nor can they be used on Jetstar services or Qantas regional airline services under the QantasLink brand (currently operated by Sunstate Airlines and Eastern Australia Airlines) nor Australian Airlines.
21. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A 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.
22. Meals, accommodation, travel insurance, taxes, transfers, transport to and from departure ports and all other travel documentation and costs are the responsibility of the winner.
23. Prize tickets are not upgradeable with cash or Qantas Points.
24. The prize includes GST and taxes included in the price of the ticket Qantas Airways is not responsible for any arranging or paying for any additional or ancillary costs associated with travel on the prize flights, including travel insurance, government taxes (including departure taxes) or airport charges or spending money. It is your responsibility to ensure that you and any travelling companion have any necessary travel documents (such as passport, visa, etc.) and that you comply with any relevant health or other governmental requirements. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. Prize travel is subject to Qantas' General Conditions of Carriage.
25. The Qantas Conditions of Carriage will apply to your prize flights (if there is any inconsistency, the Qantas Conditions of Carriage will apply to the extent of the inconsistency).
26. Bookings using the voucher must be made by 1 May 2015. The winner is encouraged to book as early as possible, as seats are subject to prize travel availability. All travel must be completed by 30 June 2015.
27. Prize travel is subject to availability at the time of booking. The winner and their companions will not accrue Qantas Points on any element of the prize. An upgrade cannot be purchased on airfares with cash or Qantas Points.
28. If the prize (or a 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.
29. It is a condition of accepting a prize that the winner accepts the conditions of use of the prize.
Notification of the winner
30. The winner will be notified via a comment on their photo entry and via private message within two business days after the judging of entries. The winners name will also be posted on Qantas' Instagram and Twitter pages
31. To claim the prize, the winner must respond to the notification by midday (AEST) 10 JULY 2014 by private message to the @QantasAirways Instagram/twitter account
Right of the Promoter to rejudge
32. 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 the prize. For any prize that remains unclaimed by midday (AEST) 10 JULY 2014 a second round of judging will take place at 3PM (AEST) 11 JULY 2014 at 10 Bourke Road, Mascot NSW 2020, subject to any written direction given under applicable law. Any winner(s) determined in accordance with this clause will be notified by comment on their entry within two business days and their names will be published on Instagram or Twitter.
Limitation of liability and variation of terms
33. 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 and the Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
34. 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.
35. The exclusion of liability in clause 34 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
(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
36. Entry details remain the property of the Promoter. The name and entry 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 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 www.qantas.com.au/travel/airlines/privacy/global/en
Liability for taxation as a result of accepting a prize
37. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.
38. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter. Eligible Entrants understand and agree that they are providing their information to the Promoter and not to Instagram or Twitter. By entering this competition, each Eligible Entrant releases Instagram from any action or claim arising out of the competition. Any questions, comments or complaints regarding this competition must be directed to the Promoter, not Instagram or Twitter.