Grand Prix Competition
1. Information on how to enter forms part of the terms and conditions of entry. Entry into the promotion is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way.
2. The promoter is Qantas Airways Limited (ABN 16 009 661 901) of 10 Bourke Road, Mascot, NSW 2020 (Phone: (02) 96915925) (Promoter)
3. All references to time in this document are a reference to the local time in Sydney, New South Wales, Australia on the date stated. The promotion commences at 6AM on Saturday 17 January 2015 and closes at 11.59PM on Wednesday 21 January 2015 (Promotion Period).
Eligibility to enter
4. Entry is open only to Australian residents aged 18 years or older with a Facebook account (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) Make an booking of a fare in the Qantas Play Melbourne sale at Qantas.com (or with a travel agent)
(b) Log onto Facebook, visit www.facebook.com/qantas and click through to the competition Facebook tab.
(c) Fill in the competition form, including your booking reference for your Play Melbourne sale fare, name, email address and leave a comment telling us in 25-words-or-less why you are the ultimate Formula 1 fan.
(d) Submit the competition form
6. Multiple entries are allowed, however, a maximum of one entry will be awarded per booking, irrespective of the number of flights on that booking.
7. The Promoter is not responsible for any technical malfunction of any communication network or any lost, late or misdirected entries.
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 an 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 Facebook account is held.
11. At all times, Eligible Entrants agree to act in accordance with Facebook's Terms and Policies (available at http://www.facebook.com/policies).
12. 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.
Judging of entries
13. Entries will be judged based on the originality, creativity and suitability of their responses to the question.
14. Judging will take place at midday on Thursday 22 January 2015 at the offices of the Promoter. Judging will be conducted by the Promoter (Adjudicator).
15. The judges' decision is final and no correspondence will be entered into. Chance plays no part in determining the winning.
16. The maximum total prize pool value is AU$9000 based on the recommended retail value at the time of publishing. The Promoter accepts no responsibility for any variation in the value of the prizes.
17. There will be one prize. The prize is an amazing package to attend the 2015 Formula 1® Rolex Australian Grand Prix in Melbourne on 12,13,14 and 15 March 2015 for the winner and a friend and includes:
(a) 2 x Webber Grandstand tickets (access all 4 days)
(b) Race Day Preview with a Formula 1 Ambassador (Sunday 15 March)
(c) a paddock Tour for two people (Saturday 14 March)
(d) Pit Lane Walk passes (access all 4 days)
(e) 2 x return economy airfares from the winners' nearest capital city up to $1000
(f) 4 nights' accommodation up to $1000 on the 12, 13, 14 and 15 March 2015.
18. For winners who are residents of the city or live in reasonable close proximity to the city where the prize is based, flights will not form any part of the prize.
The prize winner will have to arrange any additional costs associated with the attendance of this event.
19. The prize includes GST and taxes included in the price of the ticket. Unless otherwise stated, the prize does not include travel insurance, passports, visas, meals, taxes not included in the price of the ticket, ground transportation, flights, accommodation or any other costs of a personal nature. Compliance with any health or other government requirements is the responsibility of the prize-winner and companion. 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.
20. Prize travel and accommodation is subject to availability at the time of booking and prize travel is subject to availability of prize travel fares at the time of booking. The winners and their companions must travel together on all prize travel and will not accrue Qantas Points on any element of the prize. An upgrade cannot be purchased on airfares with cash or Qantas Points.
21. Prize travel and accommodation must be booked by Friday 27 February 2015. Prize travel and accommodation must be completed by Monday 16 March 2015. There can be no changes to travel arrangements once tickets have been issued or accommodation bookings once the reservation is confirmed.
22. 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. It is a condition of accepting a prize that the winner accept the conditions of use of that prize.
23. 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, subject to any written directions from a regulatory authority.
Notification of the winner
24. The winner will be notified via phone on or before Friday 23 January 2015 and his or her name will be published on Qantas' Facebook page - www.facebook.com/qantas
Right of the Promoter to rejudge
25. As part of judging, the Adjudicator will select an additional entries to be used as backup winners in the event that an entrant is unable to satisfy the promotion terms and condition or forfeits or does not claim a prize. For any prize that remains unclaimed on 23 January 2015, the Promoter will award those prizes to the backup winners in the order judged by the Adjudicator, subject to any written direction given under applicable law. Any winners determined in accordance with clause will be notified by phone by 27 January
Limitation of liability and variation of terms
26. 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.
27. 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.
28. The exclusion of liability in clause 27 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).
Important information and conditions about competitions on Facebook
29. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Eligible Entrants understand and agree that they are providing their information to the Promoter and not to Facebook. By entering this competition, each Eligible Entrant releases Facebook 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 Facebook.
30. At all times, Eligible Entrants agree to act in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php, and other related policies.
Entry details and privacy
31. 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
32. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.
33. Acceptance of the prize is subject to Attendance Conditions and Corporate Hospitality Conditions to the Event available at www.grandprix.com.au and at entrances to the Event. Prize winners may be required to sign a release and indemnity in a form provided by AGPC.
34. ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN.
Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss and participation in the Prize is at the entrants' own risk. Entrants acknowledge that the risks associated with participating in the Prize include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property. Entrants acknowledge that participating in the Prize has a degree of danger and, to the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), hereby exclude, release and forever discharge the Australian Grand Prix Corporate (AGPC), the Crown in right of the State of Victoria, the Minister administering the Act, the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l'Automobile, Formula One World Championship Limited, Formula One Marketing Limited, Formula One Hospitality and Event Services Ltd, Formula One Management Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Confederation of Australian Motor Sport Ltd, Parks Victoria, State Sport Centres Trust, APP Corporation Pty Limited, AGPC sponsors and all other persons involved in the organisation, conduct and promotion of the Event and Prize including officials, marshals, rescue and medical staff, the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies and their respective personnel) (Associated Entities) from all liability for claims, loss, damage, costs or expenses arising from any personal injury or death (whether arising from negligence (but excluding gross negligence) or otherwise), arising from or connected with participation in Recreational Services (as defined below) including the Prize (or any element of the Prize) and attendance at the Event.
To the extent permitted by law (in particular section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), entrants acknowledge that, to the extent to which they participate in the Prize in:
• a sporting activity or similar leisure time pursuit; or
• an activity that:
a. involves a significant degree of physical exertion or physical risk; and
b. is undertaken for the purposes of recreation, enjoyment or leisure,
(Recreational Services), including, without limitation, participation in the Prize, the Associated Entities do not make any warranty that the Recreational Services including the Prize, will be provided with due care and skill or that any materials provided in connection with the Recreational Services, including the Prize, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in the Conditions of Entry.
NOTE: The change to your rights as set out in this notice, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Australian Consumer Law and Fair Trading Regulations 2012.
For the purpose of this Condition 17 "the supplier" will mean and include the Associated Entities.
Without limiting any other release or limitation of liability contained in the Conditions of Entry, the Associated Entities will not be liable for any indirect or consequential loss suffered by any entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the Prize.
Nothing in this Condition 17 or these Conditions of Entry generally affects your rights under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law and Fair Trading Act 2012 (Vic) or similar legislation regarding implied conditions and warranties to the extent that such implied conditions and warranties cannot be excluded by law.