Terms and ConditionsThe following Terms and Conditions apply to the ‘Trafalgar Hidden Treasure’ contest on the Trafalgar website (www.trafalgar.com/competition). By entering our contest you accept these Terms and Conditions. If you do not wish to abide by these Terms and Conditions then please do not enter the contest.
With the permission of the relevant regulatory authorities, Terms and Conditions might be modified or updated at any time. Any of these alterations to the Terms and Conditions will be highlighted on the www.trafalgar.com website. It is your responsibility as a contest entrant to certify that you fully read and evaluate these Terms and Conditions frequently to familiarise yourself with any amendments that take place over the course of the contest. We advise strongly that you save a copy of the following Terms and Conditions for your personal future reference.
The Promoter in all jurisdictions is Trafalgar Tours (Aust.) Pty Ltd (ABN 73 000 717 715) of Level 6, 35 Grafton Street, Bondi Junction, NSW, Australia 2022. Telephone: 61) (02) 9028 5011 (collectively “the Promoter” and/or “Trafalgar”).
1. Entry and entrants
1.1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this contest is deemed acceptance of these Terms and Conditions.
1.2 Entry is only open to individuals who are aged 18 years or over and are residents of Australia, United States of America (50 states and the District of Columbia, excluding without limitation Puerto Rico and other U.S. Territories and Possessions), Canada (with the exception of Quebec), New Zealand, Singapore, United Kingdom (excluding Northern Ireland), South Africa, India, Malaysia, Philippines or Indonesia. Employees (and their immediate families) of the Promoter and/or its affiliated or sister companies, and agencies associated with this contest are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin. Any entries by these individuals will be invalid. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1.3 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the contest. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
1.4 The contest starts at 1:00pm Australian Eastern Standard Daylight Savings Time (“AEDST”) on 2 February, 2015 and closes at 11:00pm AEDST on 27 February, 2015. Any entries received after this date and time will not qualify for the contest. The date and time will be set to Sydney, Australia local time.
1.5 To be eligible to enter, eligible individuals must:
a) visit the Trafalgar competition webpage (www.trafalgar.com/competition);
b) watch the YouTube video provided to find out where the secret location is;
c) click the ‘Start Searching’;
d) drop a pin on the guessed location within the panorama image;
e) input the requested details as prompted, including their title, first name, last name, date of birth, phone number, country of residence and valid email address; and
f) submit the fully completed entry form.
1.6 Incomplete or illegible entries will be deemed invalid. Multiple entries permitted, subject to the following: (a) each entry must be submitted separately and in accordance with entry requirements; and (b) a maximum of one (1) entry per person per day is permitted.
1.7 If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
1.8 In the event that any entrant does not, or is unable to, comply with and meet these Terms and Conditions, the Promoter shall be entitled at its sole discretion to disqualify such entrant, without, to the maximum extent permitted by law, any further liability to such entrant. Any entrant must comply with any directions given to him or her by the Promoter including but not limited to any and all relevant laws, rules and regulations.
1.9 Entries must not come from third parties. Bulk entries cannot be accepted.
1.10 In the event of any error, mistake, misinterpretation or disagreement (technological, human or otherwise) regarding the correctness or acceptability of any entries, the decision of the Promoter shall be final, and no correspondence will be entered into.
1.11 Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The Promoter will not be liable to compensate expenses incurred in making an entry where applicable. No refund will be made for the cost of any entry where applicable.
2. Winner Selection and The Prize
2.1 Winner Selection: All entries with a guess within 218x84 pixels of the hidden location, as determined by the Promoter in its absolute discretion, will be added into a random draw. The random draw will take place at Trafalgar Tours (Aust.), Level 6, 35 Grafton Street, Bondi Junction, NSW, Australia 2022 at 12.00pm AEDST on 11 March, 2015. The winner will be notified in writing within two (2) business days of the draw. Winner will be published on www.facebook.com/trafalgartravel from 17 March, 2015 for a minimum of twenty-eight (28) days.
2.2 The first valid entry drawn in the random draw will win a “Wonderful France” Trafalgar guided holiday/vacation through France for eight (8) nights, for two (2) adults, valued at up to AU$9,990, depending on date and point of departure. Prize includes: two (2) return economy airfares to Paris, France (with a Trafalgar designated airline) from the winner’s nearest capital city, international airport or nearest gateway city in the USA (as determined by the Promoter); return transfers between airport and Trafalgar accommodations on the first and last day of the holiday/vacation; eight (8) nights twin share accommodation at hotels selected by the Promoter (minimum two (2) star rated accommodation); luxury coach transportation to selected venues; selected meals throughout the duration of the prize (including breakfast daily and a welcome reception and farewell dinner); access to the Trafalgar Travel Director during the holiday/vacation; access to local guides; and all associated taxes, flight and airline charges. Additional travel expenses, including but not limited to, visas, spending money, additional meals, optional excursions, insurance, transport to and from departure point, additional transfers (if applicable), items of a personal nature, in-room charges and all other ancillary costs are not included. Winner and their guest must take all elements of the prize at the same time. Prize supplied by Trafalgar. The prize cannot be taken during June or July 2015. Prize must be taken by 31 August, 2015 and is subject to booking availability. Booking must be made a minimum of forty-five (45) days prior to intended departure date. Odds of winning the prize are dependent on the number of eligible entries received during the contest.
2.3 Total prize pool value is up to AU$9,990.
2.4 Any changes made to the prize (booking or otherwise) by the prize winner or their travel companion, including extending the trip, are at the winner’s expense and must be arranged by the winner.
2.5 No cash equivalent, replacement or alternative prize will be given to the winner, and the prize is non-transferable and non-exchangeable.
2.6 The winner and their travel companion are responsible for ensuring that they have valid passports, any requisite visas, vaccinations and travel documentation. Prize is subject to the standard terms and conditions of individual prize and service providers. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check-in to confirm identification and/or to secure any additional charges.
2.7 As a condition of accepting the prize, the winner (and their travel companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
2.8 If for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
2.9 If the prize (or part of the prize) is unavailable, Trafalgar, 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 the relevant regulatory authorities.
2.10 If the winner does not claim their prize three (3) months after the original draw, the winner forfeits the prize and the Promoter has the right to award the prize to a new winner via a re-draw. Any such re-draw for the prize, if unclaimed, will take place at the same time and place as the original draw on 11 June, 2015, subject to any directions of the relevant regulatory authorities. Potential unclaimed prize draw winner will be notified in writing within two (2) business days after the draw. If the prize is awarded in the unclaimed prize draw, the winner will be published on the Trafalgar Facebook page www.facebook.com/trafalgartravel from 17 June, 2015 for a minimum of twenty eight (28) days.
2.11 Contest administration and winner selection and verification will be supervised by the Promoter.
3. Data Protection and Publicity
3.1 Entrants consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for up to six (6) months following completion of the contest without remuneration for the purpose of promoting this contest (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
4.1 Nothing in these Terms and Conditions restricts or excludes your statutory rights as a consumer. For more details on your statutory rights you should contact your local Trading Standards Office, Citizen's Advice Bureau, Federal Trade Commission or its counterpart in your country or other jurisdiction.
4.2 Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if a prize (or any element of a prize) is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of and/or use/redemption of a prize.
4.3 To the extent permitted by law, the Promoter does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by any entrant which could arise from participating in the contest or of accepting any prize whether due to any error, omission or other cause by the Promoter, its employees, agents or others.
4.4 To the extent permitted by law, the Promoter is not responsible for any damage or loss caused to an entrant where such damage or loss is not reasonably foreseeable to the entrant or to the Promoter at the time the entrant agrees to these Terms and Conditions (which occurs automatically when entrants enter the contest), including where the damage or loss results from the Promoter’s breach of these Terms and Conditions.
4.5 The Promoter cannot promise that the services relating to the contest will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of the Promoter. To the extent permitted by law, Trafalgar will not be liable to entrants or to any other person in the event that all or any part of the service relating to the contest is discontinued, modified or changed in any way. To the extent permitted by law, the Promoter and all production agencies are not responsible for: (i) any error, omission, interruption, defect or delay in operation or transmission at any website; (ii) failure of any entry to be received by the Promoter due to technical problems, human error or traffic congestion on the internet or at any website; (iii) communications line, hardware and/or software failures; (iv) damage to any computer (software or hardware) resulting from participation in the contest; (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information; or (vi) entries which are late, lost, stolen, damaged, incomplete, and/or unintelligible (or any combination thereof). OTHER THAN AS REQUIRED BY LAW, THE PROMOTER MAKES NO WARRANTIES IN CONNECTION WITH THE CONTEST OR THE PRIZES. TO THE EXTENT PERMITTED BY LAW, THE PROMOTER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.6 Entrants agree to reimburse the Promoter in respect of any damages suffered by the Promoter or any losses by the Promoter resulting from any claim made by a third party in each case in respect of any matter arising from an entrant’s use of the services relating to the contest in breach of these Terms and Conditions or from an entrant’s violation of any applicable law or regulation.
4.7 To the extent permitted by law, by entering this contest, entrants explicitly agree to release and hold harmless the Promoter, its respective affiliates, parent companies, subsidiaries, successors and their respective, advertising, design, and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which entrants now have or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of their participation in the contest and the acceptance and use or misuse of a prize. To the extent permitted by law, the prize winner waives the right to: 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize (other than those costs listed as included in these Terms and Conditions); and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming, seeking to redeem or traveling to/from redeem any prize. The right to receive a prize is non-assignable and non-transferable and no prize substitution, transfer or exchange will be allowed.
5. Standard terms
5.1 These Terms and Conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of Australia, which shall have exclusive jurisdiction in the case of any dispute between the parties.
5.2 If this contest 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: (a) to disqualify any entrant; or (b) subject to any written directions from the relevant regulatory authorities, to modify, suspend, terminate or cancel the contest, as appropriate.
5.4 The Promoter reserves the right, at its sole discretion, to make necessary modifications to the contest, subject to approval of the relevant regulatory authorities (or to disqualify any individual implicated in any of the following actions, whether based on reasonable suspicion or actual evidence), for the reasons of: (a) infection by computer virus, bugs, tampering, unauthorized intervention, improper actions by entrants, fraud, technical failures, or any other causes which, in the Promoter’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, (b) the contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per the Terms and Conditions, or (c) the contest is otherwise not capable of running as planned by the Promoter. In the event errors or corruption occurs in the operation of the contest or the processing or storage of entries, winners will be drawn from the remaining uncorrupted entries, subject to approval of the relevant regulatory authorities. Only the prizes listed and the values listed in these Terms and Conditions shall be awarded.
5.5 By entering this contest, an entrant agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively in a Federal court of competent jurisdiction sitting in the state and/or country of residence. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest and never shall include consequential, incidental or punitive damages and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to those entrants.
5.6 No participant or winner shall have the right to contest any decision by Promoter concerning any aspect of the contest or the interpretation of the Terms and Conditions or the determination as to the qualification of entries. The Promoter’s decision is final and no correspondence will be entered into.
6. ADDITIONAL TERMS
6.1 Australia and New Zealand specific: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia and in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 contest.
6.1.A Australia specific: NSW Permit No. LTPS/15/00306 VIC Permit No. 15/101 ACT Permit No. TP15/00152 SA Permit No. T15/69
6.2 United States of America specific: All federal, state and local laws and regulations apply. If any provision of this contest shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Contest void where prohibited, licensed, restricted or taxed. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6.2.A United States of America specific: All federal, state and local taxes on the prize are the winner’s responsibility. The winner, if a United States of America resident, must report the ARV of the applicable prize as income on his or her federal and state (if applicable) tax return, regardless of whether the winner receives an IRS Form 1099 from the Promoter. The winner must complete and submit a W-9 form to Promoter before collecting the prize.