Terms of service.

Trade Promotion Competition Terms and Conditions 

Competition Schedule (Schedule)  

PART A 

  1. Promoter: Travelarc Pty Ltd ACN  650 734 339 (Promoter) 

  2. Entry Requirements: Entrants must be at least 18 years of age, must reside in Australia and must [submit a completed, accurate Customer Details Card via our online entry form at LINK]. Any contact details entered incorrectly on the entry form shall be deemed invalid. 

  3. Maximum entries: 1 per person. 

  4. Number of winners: There will be a maximum number of [1] Winner. 

  5. Territory: Australia-wide. 

  6. Promotion Period:  Competition commences [9:00am, 8th May, 2025] and ends at [6:00pm on 7th June, 2005]. 

  7. Prizes: [PRIZE].  For the purposes of this Competition, the total prize pool is estimated to be no more than $2,500.   

  8. Prize date and selection of winners: Entries completed online will be printed at the [INSERT ADDRESS] (Head Office).  All entries will be placed into a barrel, where Winners will be randomly drawn at the [LOCATION]. One Winner will be drawn per week on the following dates, each winning [PRIZE]: 

    1. 2:00pm AEST, DAY, DD MONTH YYYY. 

  9. Publication of winners: Winners will be personally notified by email within 2 days of the draw.  Winners will also be announced online at [URL] on the dates drawn and published in [NEWSPAPER] on [DATE]. Prizes will be delivered to the Winners by email or post upon confirmation of the Winner’s eligibility. 

  10. Winner eligibility: To be eligible to win, the Customer Details Card submitted by the Entrant must contain correct and accurate information.  Employees of Promoter and family members of employees of Promoter are not eligible to win. 

 

PART B 

  1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions.  The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and Promoter governing this Competition. 

Participation 

  1. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule.  The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirements. 

  2. All eligible entries must be received by Promoter during the Promotion Period. Entries are deemed to be received at the time of receipt by Promoter and not at the time of transmission by the Entrant. 

Selection of Winner 

  1. The Winner will be selected by random draw at the Promoter’s Head Office, located at [LOCATION], on the dates outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win. The Promoter’s decision is final.  

  2. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions. 

  3. If for any reason, a prize or element of a prize is unclaimed by the Winner within 3 months of the drawing date despite reasonable steps by Promoter to contact the Winner, the prize will be re-drawn at 2:00pm AEST the following Friday, in the same manner and at the same place as paragraph 5 or in accordance with requirements and laws of the relevant authority. 

Instagram terms 

  1. The Competition is in no way sponsored, endorsed or administered by, or associated with www.instagram.com and its related mobile application, both being owned by Instagram, Inc. (Instagram). 

  2. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising out of or in connection with the Competition. 

  3. The Entrant must not: 

  4. harass or bully any other person, use offensive language, use language that defames Promoter, or use language that negatively impacts or intends to negatively impact the reputation of Promoter; 

  5. use electronic programs, bots or similar technology to automatically submit entries;  

  6. use multiple Instagram accounts to enter the Competition; or 

  7. tag other accounts owned or controlled by the Entrant to enter the Competition and agrees that it will only tag genuine friends or family in their entry, 

and Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition. 

 

Travel prize terms  

  1. The Prize is valid for the specified destination and dates only.  

  2. The Prize must be utilised between the Travel Dates.  

  3. The Prize is subject to availability at the time of booking during the Travel Dates. Travel restrictions and blackout dates may apply. Any residual amount of the Prize will be forfeited if not fully redeemed. The Prize must be taken as stated and no compensation will be payable if the Winner is unable to use the Prize or travel during the Travel Dates. 

  4. The Prize is subject to the terms and conditions imposed by those involved in the provision of products and services included in the Prize, including but not limited to other third-party providers of flights and accommodation. The Winner is required to agree to any third-party providers’ terms and conditions. The Prize cannot be exchanged for other destinations.  

  5. The Prize will not accrue frequent flyer points and no frequent flyer points are eligible to be redeemed as part of this Prize.  Upgrades cannot be purchased with cash or frequent flyer points for any part of the prize including on flights and accommodation.  

  6. The Prize is non-refundable, non-transferable nor redeemable for cash or other goods or services.  If any portion of the Prize is lost or misplaced, it is not replaceable. 

  7. Unless expressly stated in these terms and conditions, all other expenses are the responsibility of the Winner (and their companions) including but not limited to current passports, visas, meals, spending money, transport to and from departure and arrival points, transfers, drinks, incidentals, mini-bar, laundry, room service, telephone calls, activities, gratuities, services charges, travel insurance, pre and post accommodation, optional activities or excursions and all other ancillary costs. A credit card imprint or cash deposit may be required from the prize Winner at check-in to the hotel, for all incidental charges. 

  8. By entering this competition, and by collecting a Prize, the Winner acknowledges and accepts that driving, travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. It is the responsibility of the prize Winner to enquire about local issues and conditions at destinations prior to travel.  

  9. The Promoter makes no representation as to, and will not be liable for, the safety, conditions or other issues that may exist at any destination in relation to the prize. International travel advice can be obtained from various sources, including local government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade at www.smartraveller.gov.au. Prizes for travel for a particular event or attraction must be taken to coincide with the event or the times and dates during which the attraction is available.  

  10. The Promoter does not guarantee that the Winner will enjoy the travel prize or be suited to the type of travel prize that is offered. The Promoter will not be responsible for any acts of god, adverse weather conditions or industrial action or civil commotion that may occur in relation to the prize.  

  11. Travel insurance is not included in the Prize. 

 

Personal information 

  1. As a condition of entering this Competition, Entrants agree to provide personal information to Promoter.  Personal information collected during the course of this Competition will be dealt with in accordance with Promoter’s Privacy Policy, located at [INSERT].  Personal information submitted may be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers.  Promoter may also use this personal information to contact you regarding, marketing, offers or Promotions from time to time. 

  2. As a condition of entry, each Entrant agrees that Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use. 

Intellectual property 

  1. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution. 

  2. The Entrant warrants and represents that:  

  3. it holds all the intellectual property rights to the Entrant Content; 

  4. it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and 

  5. the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party. 

  6. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content. 

Reservation of rights 

  1. Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered. 

  2. Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition. 

  3. Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have: 

  4. breached any of these terms and conditions;  

  5. tampered with the entry process or the Competition; 

  6. engaged in any unlawful conduct; 

  7. engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of Promoter. 

Exclusion of liability 

  1. Promoter accepts no liability for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason.  To the maximum extent permitted by law, Promoter will not accept any liability for any error, omission or failure to administer this Competition.   

  2. Except for any liability that cannot be excluded by law all Entrants release from, and indemnify Promoter (including its officers, employees, agents and contractors), against, all liability (including negligence), cost, loss or expense arising out of acceptance of any prize(s) or participation in the Competition including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise. 

  3. Except for any liability that cannot be excluded by law, Promoter  (including its officers, employees, agents and contractors) 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 Competition, including, but not limited to, where arising out of the following: 

  4. inaccurate or incorrect transcription of entry information; 

  5. any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control); 

  6. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website; 

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

  8. electronic or human error which may occur in the administration of the Competition; 

  9. any variation in prize value as stated in the Schedule; 

  10. any tax liability incurred by a Winner or Entrant; 

  11. redemption or use of a prize; and 

  12. any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner. 

General 

  1. These terms and conditions are governed by and will be construed under the laws of South Australia and the parties agree to submit to the exclusive jurisdiction of the courts of South Australia and its appellate courts. 

  2. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 

  3. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise. 

  4. Authorised under the following licence numbers:  

[To be inserted once granted in the form of “[Insert State] Permit No. [Insert]”]