Competition Terms and Conditions
Competition Schedule
PART A
1. Promoter: Eminent Australia Pty Ltd (ACN 655 652 618) (Promoter)
2. Entry Requirements: Entrants must be at least 18 years of age, must reside in Australia and must purchase an Eminent Australia membership package via the Eminent Australia website located at https://eminentaustralia.com/ (Website), which gives the purchaser access to special discounts and invitations to VIP events (Membership Package). The Entrant will receive a number of entries in the Competition as set out on the Membership Packages page, depending on the Membership Package purchased. Entries may also be obtained by purchasing specific merchandise on our Website, the number of entries received will be as set out on the Website.
3. Maximum entries: Unlimited entries per person.
4. Number of winners: There will be a maximum number of 1 Winner.
5. Territories: Australia-wide, except for South Australia.
6. Promotion Period: Competition commences at 9:00 am on Monday 5 September 2022 and ends at 3:00 pm on Friday 30 September 2022.
7. Prizes: 1 Winner will receive a $20,000 holiday Gift Voucher with Flight Centre plus $5,000 in cash.
For the purposes of this Competition, the total prize pool is estimated to be no more than $25,000. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Holiday Gift Voucher can be used towards a purchase of goods/services from Flight Centre, such as airfares and accommodation through Flight Centre, subject to Flight Centre’s gift voucher terms and conditions, policies and any black-out periods specified. The gift vouchers are non-transferrable and not exchangeable for cash. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize or equivalent gift voucher from another travel provider, in its sole discretion. The Winner must redeem the voucher prior to Friday, 1 September 2023 (or any such date as the voucher specifies), after which the voucher expires.
8. Prize date and selection of winners: Entries completed online will be printed at 21 Tonka Street, Luscombe, Queensland (Head Office). All entries will be placed into a barrel, where Winners will be randomly drawn at the Head Office. The Winners will be drawn at 5:00 pm AEST on Friday 30 September 2022.
9. Publication of winners: Winners will be personally notified by email within two (2) days of the draw. Winners will also be announced online at https://eminentaustralia.com/winners/ and on the Promoter’s Facebook and Instagram pages, within two (2) days of the drawing date.
10. Winner eligibility: To be eligible to win, the Entrant’s details provided to us by the Entrant must be correct and accurate. Employees of Promoter and family members of employees of Promoter are not eligible to win.
11. Prize Delivery: Prizes will be delivered to the Winners to their nominated address or email address within five (5) business days of confirmation of the Winner’s eligibility. The Promoter will pay for the delivery of the Prize to the Winner’s nominated address. Prizes are provided on an “as is” basis and the Promoter will not make any modifications to the Prizes at the Winner’s request.
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
2. 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.
3. Entry is to residents of the Territories set out in Part A.
4. The Competition will be open during the Promotion Period. All eligible entries must be received by Promoter during this time. 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
5. The Winner will be selected by random draw at the Promoter’s Head Office on the dates outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
6. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
7. 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) in any marketing and the winner will not be entitled to any fee for such use.
8. 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 5:00pm AEST the following Thursday, in the same manner and at the same place as paragraph 5 or in accordance with requirements of the NSW Office of Gaming, Liquor and Racing.
Personal information
9. 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 https://eminentaustralia.com/privacy-policy/. 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.
10. 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
11. 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.
12. The Entrant warrants and represents that:
(a) it holds all the intellectual property rights to the Entrant Content;
(b) it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
(c) 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.
13. 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
14. 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.
15. 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.
16. Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
(a) breached any of these terms and conditions;
(b) tampered with the entry process or the Competition;
(c) engaged in any unlawful conduct
(d) 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
17. Promoter will not be liable 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 be liable for any error, omission or failure to administer this Competition.
18. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify Promoter (including its officers, employees, agents and contractors), against, all liabilities (including negligence), claims, actions, costs, losses and expenses on a fully indemnity basis, 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, arising out of or in connection with:
(a) any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents;
(b) acceptance of any prize(s) by the Entrant, its nominees or agents; and
(c) the Entrant’s participation in the Competition.
19. 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:
(a) inaccurate or incorrect transcription of entry information;
(b) 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);
(c) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
(d) any theft, unauthorised access or third party interference;
(e) electronic or human error which may occur in the administration of the Competition;
(f) any variation in prize value as stated in the Schedule;
(g) any tax liability incurred by a Winner or Entrant;
(h) any failure to redeem a prize within any specified expiry period;
(i) redemption or use of a prize; or
(j) 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
20. These terms and conditions are governed by and will be construed under the laws of Queensland and the parties agree to submit to the exclusive jurisdiction of the courts of Queensland and its appellate courts.
21. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
22. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.
23. Authorised under the following licence numbers:
NSW Authority No. TP/01845. ACT Permit No. [insert].
