Terms and Conditions – P&O Australia Day Cruise Promotion 2020

General

The Promoter is the NSW Department of Premier and Cabinet (ABN 34 945 244 274), acting for and on behalf of the Crown in right of the State of New South Wales, of 52 Martin Place Sydney NSW 2000, telephone (02) 9228 5555 (“Promoter”).

Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these Terms and Conditions.

If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.

Who can enter

Entry is open to all residents in Australia except staff (including employees, contractors, work experience students and volunteers) and immediate family members of the Promoter and its associated agencies and bodies corporate. Immediate family members includes the following: spouse, ex-spouse, defacto 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 first cousin.

The minimum age for entry into the competition is 13 years old. Entrants under 18 years of age must obtain the prior permission of their parent or legal guardian in order to be able to enter, and the parent or guardian of the entrant must read and agree to these Terms and Conditions.

The Promoter reserves the right, at any time, to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter 

The competition commences on Thursday, 12 December 2019 at 8.00am AEDT and ends on Friday, 20 December 2019 at 10.00am AEDT (the “Promotional Period”). Entries must be received by the Promoter during the Promotional Period to be valid.

The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays due to technical disruptions, network congestion or for any other reason.

How to enter

To enter, individuals must complete the following steps during the Promotional Period:

  1. Visit the official Australia Day website: australiaday.com.au

  2. Complete the webform on the Australia Day competition website page answering this question:
    Tell us 25 words or less, who is your Aussie legend and why?
    'Terms and Conditions' and 'Opt-in for further information from P&O and Australia Day' must be selected to enter the competition.

Number of entries permitted

Entrants may only enter the competition once.

Determination and notification of winner

The prize will be awarded to the best entry, as determined by the judges in their sole discretion, based on the originality, literary merit and creative merit of the entry provided in response to the promotional request. This is a game of skill, and chance plays no part in determining the winners.

The Promoter’s decision to determine the winner is final. The Promoter will not enter into any correspondence regarding the competition result or any decisions the Promoter makes in connection with the competition.

The winner will, as far as practicable, be notified by email within two (2) days of the draw of the prize. The winner can claim the prize by contacting the Promoter in response to the notification of the draw by reply-email. If the winner has not claimed the prize by 9:00am on 7 January 2020 then he or she will forfeit the prize. Details of the competition results will be published on the Australia Day Facebook page.

The prize will be awarded to the person named in the entry.

Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

The Promoter reserves the right to redetermine the winner in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.

Prize on offer

The winner will win two tickets to an Australia Day P&O Cruise departing on 25 January 2020 and returning on 28 January 2020 valued at approximately $1,500. The Cruise will depart and return to Sydney. Travel to and from Sydney is not included in the prize.

The prize includes:

  1. 3 nights accommodation in an Twin Oceanview Room for 2 people on Pacific Explorer cruise X005;

  2. onboard main meals (with the exception of those restaurants which have an additional cover charge); and

  3. selected onboard activities, evening entertainment, and access to nightclubs (with the exception of those activities and facilities which have an additional cover charge) for 4 people.

Shore excursions or other onboard activities, spending money, additional meals, drinks, taxes, insurance, passports, visas, vaccinations, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. A credit card imprint or cash deposit will be required from the winner at check-in in order to board the cruise ship, for all incidental charges.

Prizes cannot be transferred, exchanged or redeemed for cash.

It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements, including P&O’s Booking and Travel Conditions available at https://www.pocruises.com.au/plan/how-to-book/book-travel-conditions

P&O Cruises Australia reserves the right to refuse to allow a winner and/or his/her travelling companion(s) to take part in any or all aspects of the prize if it determines in its absolute discretion that a winner and/or his/her travelling companion pose a risk to the safety, wellbeing or enjoyment of themselves or any other person onboard.

In the event a winner does not take the prize by the time stipulated, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

Cruise tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.

The prize is for the specified dates of the Australia Day P&O Cruise only. If the winner (for whatever reason) is unable to travel or does not take an element of the prize within the time stipulated by the Promoter then the prize will be forfeited and cash will not be awarded in lieu of the prize.

If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

Further terms and conditions

Any entry that is made on behalf of an entrant by a third party, or that is incomplete or indecipherable, will be invalid.

The Promoter reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has tampered with the entry process, submitted an entry that is not in accordance with these Terms & Conditions or engaged in conduct in entering the competition which is unlawful, fraudulent, misleading or damaging to the goodwill or reputation of the competition and/or Promoter.

Entrants agree they are fully responsible for any materials they submit via the competition including but not limited to answers to any promotional question and comments left on Facebook (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

  1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

  2. their Content shall not contain viruses or cause injury or harm to any person or entity;

  3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

  4. the Content is the original literary work of the entrant that does not infringe the rights of any third party;

  5. they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

  6. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.

As a condition of entering this competition, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:

  1. to disqualify any entrant; or
  2. to modify, suspend, terminate or cancel the competition.

Any costs associated with accessing or entering the competition, including but not limited to phone calls, internet costs or mobile data costs, is the entrant's responsibility.

Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.

The Promoter does not limit, exclude or modify the statutory consumer guarantees provided under the Australian Consumer Law in the Competition and Consumer Act 2010. Except for any liability that cannot by law be excluded, the Promoter and its officers, employees and agents shall not be liable for any loss or damage (including but not limited to indirect or consequential loss) or for any personal injury, arising in any way out of:

  1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

  2. any theft, unauthorised access or third party interference;

  3. 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;
  4. any variation in prize value to that stated in these Terms and Conditions, delay in delivery of the prize or failure to ensure safe delivery of the prize; or
  5. the taking and/or use of a prize. 

The Promoter accepts no responsibility for any taxation implications that may arise from winning of a prize. Independent financial advice should be sought.

The Promoter collects personal information ("PI") in order to conduct the competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Management Plan, which can be viewed at https://www.dpc.nsw.gov.au/assets/dpc-nsw-gov-au/publications/DPC-plans-frameworks-and-policies-listing-417/885a2db374/DPC-Privacy-Management-Plan.pdf. In addition to any use that may be outlined in the Promoter’s Privacy Management Plan, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Management Plan also contains information about how entrants may access, update or correct their PI, how entrants may complain about a breach of the Information Protection Principles in the Privacy and Personal Information Protection Act 1998 or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.

P&O Cruises Australia collects PI in order to conduct the competition and administer the prize and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers in the United States and, as required, to regulatory authorities in Australia and New Zealand. P&O Cruises Australia may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with its Privacy Policy available here: www.pocruises.com.au/Pages/Privacy.aspx
Entrants should direct any request to opt out, access, update or correct information to P&O Cruises Australia.

Entry and continued participation in the competition is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php

This competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this competition must be directed to the Promoter and not to Facebook. Entrants agree that Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the competition (including taking/use of a prize), except for any liability which cannot be excluded by law.

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