“VISA CHECKOUT WINTER OLYMPICS” PROMOTION TERMS AND CONDITIONS
1. Information on how to enter and the Prize (as defined below) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 42, AMP Centre, 50 Bridge Street, Sydney, NSW 2000, telephone (02) 9253 8800 (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or over who: (a) have an Australian-issued Visa Card (excluding corporate and purchasing Visa Cards) as at the time of entry and draw (“Visa Card”); (b) are registered for Visa Checkout with that Visa Card as at the time of entry and draw; and (c) are available to travel from Sydney, NSW (subject to paragraph 18 below) to the Olympic Winter Games PyeongChang 2018 between 17/02/2018 - 23/02/2018, if drawn as the winner.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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.
5. Promotion commences at 12:00 AEDT 17th November 2017 and final entries close at 11:59pm AEDT on 9th December 2017 (“Promotional Period”).
6. To receive an automatic entry into the draw, eligible individuals must, during the Promotional Period, make a purchase (no minimum spend required) from any online retailer that accepts Visa Checkout, (in Australia or overseas) with their Visa Card, using Visa Checkout as the payment method (“Qualifying Transaction”). For every Qualifying Transaction made during the Promotional Period, eligible individuals will receive one (1) automatic entry into the draw.
7. Incomplete transactions, cash out transactions, or transactions that have been reversed or cancelled within seven (7) days of being posted to the cardholder’s account will not be eligible.
8. Entries are deemed to be received at the time of receipt by the Promoter, not at the time of electronic transmission by the entrant.
9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in that transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.
10. Any costs associated with accessing the Internet, downloading data on a mobile device, or using any device to access and use Visa Checkout to make a Qualifying Transaction is the sole responsibility of the entrant and is dependent on the Internet/mobile service provider used.
11. 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 promotion. 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.
12. 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.
13. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway NSW 2250 at 12:00pm AEDT on 11th December 2017. The winner will be determined at random by an electronic draw process.
14. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
15. The winner will be notified by email within two (2) business days of the draw and his/her name and postcode will be published in the Australian and on https://www.facebook.com/VisaAU/ on Thursday 14th December 2017. Information on how to accept the Prize will be included in the email.
16. As a condition of accepting the Prize, the winner agrees and grants their consent for the Promoter to verify the validity of the winner and their eligibility for the Prize directly with the winner’s Visa Card issuing bank.
17. The Promoter’s decision is final and no correspondence will be entered into.
18. The first valid entry drawn will win a trip for two (2) adults (i.e. the winner and his/her travel companion) to the Olympic Winter Games PyeongChang 2018 (“Games”) from 18/02/2018 to 22/02/2018, valued at up to AU$23,000 (“Prize”). Prize includes:
• return economy airfares from Sydney, NSW to Seoul, Korea for two (2) adults;
• four (4) nights twin share minimum 5-star rating accommodation with select included meals for two (2) adults (exact accommodation and meals to be determined by the Promoter, one (1) night accommodation in Seoul and three (3) nights accommodation in Gangneung);
• select ground transportation to the Games events and Visa activity (exact routes/methods determined by the Promoter);
• general admission event tickets to the Games for two (2) adults on 20th February 2018 and 21st February 2018 (exact events to be determined by the Promoter);
• access to Visa event support staff for the duration of the trip;
• Seoul tour activity (cultural tour, shopping tour or K-Pop tour with the exact tour to be determined by the Promoter); and
• AU$521 Visa Prepaid Card for the winner only.
Any additional International/domestic flights or other travel costs outside of the return economy flights listed above.
Any meal, event and/or activity outside of the program schedule including transportation.
Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point of Sydney, NSW, additional transfers, items of a personal nature, in-room charges, translation services, athlete appearances and all other ancillary costs are not included.
Prize must be taken to coincide with the Games (i.e. during the travel period of 17/02/2018 – 23/02/2018), subject to booking and flight availability.
Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her travel companion must depart from and return to the same departure point and travel together.
Prize cannot be separated into separate trips or components. Frequent flyer points will not form part of the prize.
Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
Travel companion must be 18 years or over.
19. For the removal of doubt, the winner and his/her travel companion are responsible for making their own way to and from Sydney, NSW.
20. It is a condition of accepting the Prize that the winner and his/her travel companion arrange for, at their own expense, comprehensive and valid travel insurance with the highest available coverage for their period of travel. The winner and his/her travel companion may be required to provide evidence of appropriate travel insurance prior to the winner and his/her travel companion availing of, or participating in, any element of the Prize
21. The winner and his/her travel companion will be solely responsible for the payment of any change, amendment or cancellation fees incurred as a result of the winner and/or his/her travel companion changing or cancelling a booking. Any unused portions of the Prize will be forfeited.
22. The winner must immediately provide a copy of these Terms and Conditions to his/her travel companion. By agreeing to participate in the Prize, the winner's travel companion agrees to be bound by these Terms and Conditions in the same manner, and to the same extent, as the winner.
23. The Promoter is under no circumstances liable to any entrant, winner or any third party (whether for damages, loss, refund, alternative prizing or otherwise) for:
• any cancellation, suspension, delay or postponement the Games (or any part thereof) for any reason, and
• any failure, inability or unwillingness by a winner to attend the Games or enjoy the benefit of the Prize for any reason that is not due to a fault of the Promoter (including without limitation any travel ban or health/travel warnings)
24. Tickets to the Games, whether awarded as a prize and/or are included as part of a promotion, must be accepted as awarded and are subject to all of the applicable terms and conditions prescribed to such tickets from time to time by the PyeongChang Organising Committee for the 2018 Olympic Winter Games ("POCOG"). Such terms and conditions are contained in the Ticket License Agreement (which can be reviewed at https://www.pyeongchang2018.com on the back of the physical ticket (once issued) and include prohibitions against any use of the ticket in connection with any commercial promotion or contest (without the consent of POCOG) and the unauthorised sale of the ticket in excess of face value of the ticket. By accepting tickets as a prize and/or as part of a promotion, the holder is deemed to have accepted all of the applicable terms and conditions.
25. The Games ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize.
26. Any ancillary costs associated with redeeming the Visa Prepaid Card are not included. Any unused balance of the Visa Prepaid Card will not be awarded as cash. Redemption of the Visa Prepaid Card is subject to any terms and conditions of the issuer including those specified on the Visa Prepaid Card.
27. Subject to the unclaimed prize draw clause, if for any reason the winner does not take/redeem the Prize (or an element of the Prize) at/by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited.
28. 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. For the avoidance of doubt, the Promoter will not provide any substitute for a prize if the event or Games are cancelled, suspended, delayed or postponed, or if the winner is not able to, fails to, or is unwilling to travel to the relevant event destination for any reason not due to the fault of the Promoter (including without limitation any travel ban or health/travel warnings). All travel is at the winner’s and his/her travel companion's own risk.
29. Total prize pool value is up to AU$23,000.
30. Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. No part of the Prize can be resold (at a premium or otherwise), advertised or offered for resale on the internet or any other medium. Stated Prize values are the recommended retail value (including GST) in Australian dollars, are provided by the supplier and are correct at the time of printing.
31. If the winner has not accepted the Prize in accordance with the instructions given in the email referred to in paragraph 15 above by 12:00pm AEDT on 11th January, 2018 a re-draw will take place at 1:00pm AEDT 11th January, 2018 at the same place as the original draw, subject to any directions from a regulatory authority. The re-draw winner, if any, will be notified by email and telephone within two (2) business days of the draw and his/her name and postcode will be published on https://www.facebook.com/VisaAU/ and in the Australian on Thursday 18th January 2018. Information on how to accept the prize will be included in the email. The re-draw winner must accept the Prize in accordance with the instructions given in the email referred to in paragraph 30 above by 11:59pm AEDT on 19th January 2018, otherwise he/she will be taken to have forfeited his/her right to the prize.
32. 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Entrants also consent to the publication of their names and postcodes in accordance with paragraphs 15 and 31 above, in the event they are winners of a prize.
33. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
34. If this promotion 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 a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
35. 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 (“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 promotion.
36. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, 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 the Games event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in the Prize.
37. As a condition of accepting the Prize, the winner (and his/her 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.
NSW Permit No. LTPS/17/19885 ACT Permit No. TP17/02378 SA Permit No. T17/2231