Share & Win Holiday Photo Competition Terms & Conditions

1. GENERAL
1.1 Information on how to enter, prizes, and other details contained within advertisements relating to this competition form part of these terms and conditions. By entering this competition, or using a prize, you acknowledge that you have read, understand and agree to be bound by these terms and conditions. Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.

2. PROMOTER
2.1 The promoter is TravelOnline Pty Ltd ABN 54 063 119 620 trading as TravelOnline.com of Springwood Plaza Chambers Suite 18, Level 1 3-15 Dennis Road, Springwood QLD 4127 (Promoter).

3. ELIGIBILITY
3.1 The entrant is any person who has entered this competition in accordance with these terms and conditions (Entrant).
3.2 All Entrants must:
(a) be residents of Australia;
(b) be aged 18 years or older at the time of entry;
(c) have booked and travelled with TravelOnline.com;
(d) and
(e) not be:
(i) part of management, or a director, employee or contractor of the Promoter or its related bodies corporate; or
(ii) an immediate family member of a person listed in paragraph (i) above. 'Immediate family' of a person, means their spouse, de facto spouse, parents, natural or adopted children, and siblings (whether natural or adopted by a parent), whether or not they live in the same household as the person.
3.3 The Promoter reserves the right, at any time, to verify the validity of entries and eligibility of Entrants (including an Entrant's identity, age and place of residence). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.

4. ENTRY PERIOD
4.1 Entries for this competition open at 9.00am (AEST) on Tuesday 3rd January and close at 11.59pm (AEST) on Friday 31st March 2023. This period is referred to as the Entry Period. Entries must be received by the Promoter during the Entry Period. Entries received after the 11.59pm (AEDT) on Friday 31st March 2023 will not be accepted.

5. ENTRY PROCESS
5.1 To enter the Competition, an Entrant must complete the entry form at www.travelonline.com/share-and-win ensuring that all media is uploaded successfully and that all required fields have been completed.

6. ENTRY REQUIREMENTS
6.1 To enter the Competition, an Entrant must complete the entry form at www.travelonline.com/share-and-win ensuring that all media is uploaded successfully and that all required fields have been completed.
6.2 Entrants can only enter in their own name. The use of automatic entry software or similar devices is prohibited.
6.3 The media submitted by an Entrant in connection with this competition:
(a) must be the original independent capture of the Entrant;
(b) must be owned by the Entrant;
(c) must have been captured while on a holiday booked through TravelOnline.com;
(d) must be free of any claims, including copyright or trademark claims;
(e) must only feature individual(s) who have provided their consent to use their image in connection with this competition or have obtained permission to capture the individual(s). If the featured individual is under the age of 18 years old, the Entrant must obtain the consent of the individual's parent or guardian to use the featured individual's image;
(f) must not infringe any person's intellectual property rights;
(g) must not be misleading;
(h) must not include, in the opinion of the Promoter, objectionable, offensive, unlawful or otherwise inappropriate content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory, defamatory, derogatory or racist images or language; and
(i) must not be in breach of these terms and conditions.
6.4 Digital image manipulation is permitted in order to optimise a photograph, however Entrants may not add or remove key elements of the photograph. Composite images are permitted however the Promotor has the right to request RAW image files.
6.5 The cost of entry via the internet is free, but internet connection and usage costs may apply. Entrants should obtain details of such costs from their service provider.
6.6 A person is solely responsible for the content that they post, store or upload in connection with this competition, including any material or information that they transmit to other persons (collectively, User Content).
6.7 Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, inaudible or incomprehensible entries will be deemed invalid. The Promoter takes no responsibility for any failure to receive an entry, for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in telecommunications service or equipment. If such problems arise, then the Promoter may modify, cancel, terminate or suspend this competition at its discretion.

7. PROMOTIONAL, MARKETING AND PUBLICITY ACTIVITIES
7.1 By submitting media as part of this competition, Entrants acknowledge and agree that the Promoter and its sublicensees may, without payment or other compensation:
(a) use, reproduce, publish and modify any entry (including photographs and videos submitted as part of any entry (and higher resolution versions of those photographs and videos, whether or not submitted as part of an entry) including on social media, its website, in email marketing or on displays for the purpose of advertising, promoting and marketing;
(b) use the name, image and/or voice of the prize winner for promotional purposes, except where the prize winner advises the Promoter otherwise when accepting the prize; and
(c) require the winner of this competition to partake in media exposure, including but not limited to future promotional, marketing and publicity.
(d) should the Promoter wish to utilise photographs and/or videos submitted as part of the competition for marketing or promotional purposes outside of those mentioned in clause 7.1(a), then a separate arrangement must be agreed upon with the entrant outside of the terms of this competition.
7.2 By entering this competition, unless the Promoter is otherwise advised, Entrants consent to the Promoter using their personal information for facilitating this competition, awarding prizes and for future promotional, marketing and publicity purposes, and disclosing that information to its related bodies corporate and contractors for those purposes.

8. PRIZE
8.1 There is 1 (one) major prize to be won in this competition, awarded to the winning Entrant.
8.2 The winning Entrant prize consists of 1 (one) $500 TravelOnline gift voucher
8.3 The recommended retail value of the prize is $500
8.4 Prizes are not transferable, exchangeable or redeemable for cash. Prize values (if stated) are in Australian dollars inclusive of GST and are based on the recommended retail value of prize components at the time of printing. The Promoter accepts no responsibility for any variation in the value of any prize. If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any applicable State or Territory regulation.
8.5 The prize cannot be used in conjunction with other discount codes, vouchers or offers.

9. JUDGING
9.1 The Promoter will appoint a representative of its choosing to select the entry which they consider to contain the most original and creative media
9.2 The following judging criteria will be used to determine the winning entry: Originality, artistic merit, technical skill, dramatic effect and sensory impact, innovation and creativity as well as clarity and quality of entry.
9.3 The judging will commence within 3 business days of the competition concluding. Winner will be announced within 7 days of the competition concluding.
9.4 This competition is a game of skill. Chance plays no part in determining the winner. The judges' decision is final and no correspondence will be entered into.

10. NOTIFICATION OF PRIZE WINNER
10.1 The prize winner will be notified via email to the email address provided in the entry form within two days of being chosen (Notification). The prize winner must respond within 24 hours of receiving the Notification. The Promoter will make all reasonable efforts to issue the prize to the winner within 60 days of receiving and verifying the winner's details.
10.2 If the prize winner does not respond in accordance with clause 9.1, that person will forfeit the prize and the prize will be awarded to the next best entry (as determined by the judges). The Promoter accepts no responsibility for a winner who forfeits the prize because they have not responded in accordance with clause 9.1, and no correspondence will be entered into.
10.3 The prize winner's name may also be published on the Promoter's Instagram page (www.instagram.com/travelonline) and Facebook page (https://www.facebook.com/travelonline) as well as website (www.travelonline.com/share-and-win)
10.4 If a winner is under the age of 18, the relevant prize will not be awarded until the winner's parent or legal guardian agrees (in a form acceptable to the Promoter) to ensure that the winner complies with these terms and conditions. The winner's parent or legal guardian may also be required to sign a legal release in a form determined by the Promoter in its absolute discretion, and a condition of receipt of the prize.

11. WARRANTIES AND DISCLAIMERS
11.1 To the extent permitted by law:
(a) the Promoter makes no representations or warranties as to the suitability of any prize; and
(b) no compensation will be payable if, for any reason, a winner is unable to use a prize as stated.
11.2 A person's use of any websites in connection with this competition is subject to the applicable policies and terms of use of those websites. The Promoter does not control and is not responsible for the content of any third party websites or the conduct of third party operators of any websites, and does not make any representations regarding the accuracy, copyright, legality or decency of any of the content or other materials on such third party websites. If a person decides to access linked third party websites, they do so at their own risk.
11.3 Except for any liability that cannot be excluded under the Consumer Guarantees (as defined below) or other applicable law, the Promoter (including its 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 this competition, including, but not limited to, where arising out of the following:
(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 (if any);
(e) any tax liability incurred by the winner or Entrant;
(f) any prize(s); or
(g) participation in or use of any prize.
11.4 In these terms and conditions, 'Consumer Guarantees' means the consumer guarantees which apply to the supply of products or services under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, or other similar legislation of a state or territory of Australia.
11.5 This competition is in no way connected with Facebook or Instagram. It is neither sponsored, supported nor organised by Facebook or Instagram. The Promoter, not Facebook or Instagram, is the recipient of the information provided by Entrants.

12. TAXES
12.1 Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.

13. PROMOTER'S RIGHTS
13.1 The Promoter reserves the right in its sole discretion:
(a) to disqualify any individual who it has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved;
(b) to the fullest extent permitted by law, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel this competition (as appropriate) 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; and
(c) to remove, delete, screen and/or edit any User Content (as defined above) at any time and without notice. The Promoter does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by any person.
13.2 The Promoter's decision in relation to any aspect of this competition is final and binding on every person who enters and no correspondence will be entered into.
13.3 Failure by the Promoter to insist upon or enforce any of the provisions of these terms and conditions, or to exercise any of its rights or remedies under these terms and conditions at any stage does not constitute a waiver of the Promoter's right to assert or rely upon any such provisions, rights or remedies.
13.4 Caution: any attempt to deliberately damage any website or the information on a website, or to otherwise undermine the legitimate operation of this competition, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law.

14. INDEMNITIES
14.1 Each Entrant (Indemnifying Party) indemnifies the Promoter against any loss, cost, damage, expense or liability (including legal costs) sustained or incurred by the Promoter, any of its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), or any of their respective officers, employees, agents or representatives, arising from or in connection with:
(a) a breach of these terms and conditions; or
(b) the infringement of any intellectual property or other proprietary rights,
in each case whether by the Indemnifying Party or any other person using the Indemnifying Party's account. The Indemnifying Party's obligations under this indemnity may not be offset against any other claim.

15. SEVERABILITY
15.1 If any of these terms and conditions are found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16. PRIVACY
16.1 Details from entries will be collected and used for the purposes of conducting this competition (which may include disclosure to third parties for the purpose of processing and conducting this competition) and for promotional purposes surrounding this competition. By entering this competition Entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant.
16.2 A copy of the Promoter's privacy policy is available by visiting www.travelonline.com/privacy. A request to access, update or correct any information should be specifically directed to the Promoter at info@travelonline.com.