Qantas and American Airlines Competition Terms
Terms and Conditions
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 (telephone number 13 13 13) (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 12:00 on 7 June 2016 and closes at 23:59 on 31 July 2016 (Promotion Period).
Eligibility to enter
4) Entry is open only to Australian residents aged 18 years or over (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, post their own favourite USA photo or video to Instagram with the hashtag #QandAA.
6) The Promoter is not responsible for any lost, late or misdirected entries.
7) Eligible Entrants are permitted multiple entries.
8) By submitting their entry and hashtagging #QandAA, Eligible Entrants:
- Grant the Promoter a non-exclusive, royalty-free, worldwide, revocable, sub-licensable, perpetual licence to use, modify, delete from, add to, publicly display and reproduce, the photos submitted as part of their entry, including but not limited to, and without limitation, in any online media formats and through any social media channels, pages or accounts including red-Emails (eDMs). Eligible Entrants are able to revoke this licence at any time by contacting the Promoter in writing at email@example.com and informing us that they no longer want us to use their photo(s); and
- Confirm that all persons appearing in the photo(s) have consented to the Eligible Entrant using them to enter the competition in accordance with the competition Terms and Conditions and the Promoter's Privacy Statement, a copy of which is available at http://www.qantas.com/travel/airlines/privacy/global/en
9) The time of entry will be deemed to be the time the entry is received by the Promoter.
10) 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.
Judging of entries
11) Entries will be judged based on their originality and creativity.
12) Judging will take place at 10:00 on 1 August 2016 at the offices of the Promoter. Judging will be conducted by the Promoter (Adjudicator).
13) The judges' decision is final and no correspondence will be entered into. Chance plays no part in determining the winning.
14) There will be 1 prize. The maximum total prize pool value is AU$5,000, based on the recommended retail value at the time of printing. The Promoter accepts no responsibility for any variation in the value of the prizes.
15) The prize consists of:
- Two (2) return Economy class Qantas or AA airfares from the winner's nearest Domestic Qantas, QantasLink or American Airlines serviced airport to any destination in the USA on the Qantas American Airlines combined network.
16) 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.
17) Prize travel 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 companion 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. Travel cannot take place during Australian school holidays including but not limited to Easter or the Christmas period.
18) Prize travel must be booked by 31 December 2016. Prize travel must be completed by 31 March 2017. There can be no changes to travel arrangements once tickets have been issued.
19) 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.
20) 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
21) The winner will be notified by a direct message on Instagram by 1 August 2016 and their name will be published on Qantas' Instagram on 7 August 2016.
Judging backup entries
22) As part of judging, the Adjudicator will select an additional 2 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 5 August 2016, 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 a direct message on Instagram by 7 August 2016 and their names will be published on Qantas' Instagram on 14 August 2016.
Limitation of liability and variation of terms
23) 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. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
24) 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.
25) The exclusion of liability in clause 24 does not apply to limit or exclude liability:
- 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
- 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
26) Entry details remain the property of the Promoter. The name and photograph 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, visit www.qantas.com/privacy to obtain a copy.
Important information and conditions about competitions on Instagram
27) This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Eligible Entrants understand and agree that they are providing their information to the Promoter and not to Instagram. 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.
29) The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.