By entering the Budget Motel Chain Promotion ‘Win 2 Nights Accommodation at your choice of Budget Motel’, you are agreeing to the following terms and conditions:
1. STANDARD TERMS
1.1 The promotion is organised by Budget Motel Chain (ABN: 85 006 210 368) 13 Davey Street, Frankston, Victoria 3199 Australia and Hyper Hyper Marketing Pty Ltd (ABN: 160 877 958), Queenscliff Road Queenscliff NSW 2096. Budget Motel Chain and Hyper Hyper Marketing will be referred to in these terms and conditions as ‘The Promoters.’
1.1 Information on how to enter forms part of the terms of entry. Entry into the promotion is deemed acceptance of these conditions of entry.
1.3 If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
1.4 Selection of the Budget Motel property in either Australia or New Zealand constitutes an active member of the Budget Motel Chain and is found on the Budget Motel Chain website www.budgetmotels.com.au
2. WHO CAN ENTER
2.1 Subject to clause 2.2 entry is open to all residents in Australia and New Zealand aged 18 years and older only. at the date of entry in order to be eligible to enter the competition.
2.2 Directors, management, employees and their immediate families of Budget Motel Chain and Hyper Hyper Marketing Pty Ltd and their associated agencies and companies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. HOW TO ENTER
3.1 The promotion commences 12.01am AEDT 14/11/2019 and closes at 11:59pm AEDT on 14/12/2019 ("Promotional Period"). The judging will be conducted by a panel of judges appointed by the Promoters. The judging will take place at Budget Motel Chain office, 13 Davey Street, Frankston, Victoria 3199 Australia. The winner will be notified via email using the contact details given in their entry.
3.2 To enter, individuals must follow the prompts to the competition entry form and input the requested details of their travel preferences and submit an answer to the following question: "Tell us in 25 words or less why you would like to WIN 2 nights accommodation at a Budget Motel.”
3.3 This competition is a game of skill, and chance plays no part in the results of this competition. Entries will be judged on the base of their answer to the question mentioned in 3.2, the creative and inspired nature of the answer. Judges' decision is final, and negotiations will not be entered into.
3.4 The time of entry will, in each case, be the time that the entry is received by Hyper Hyper Marketing on https://www.budgetmotels.com.au/2019_Budget_Guest_Profile/
3.5 Entrants must enter all details required on the online competition landing page and provide a sufficient answer to the entry question, which will validate their entry.
3.5 The Promoter, their agents, affiliates or representatives will not be liable for any lost, late or misdirected entries.
3.6 Incomprehensible and incomplete entries will be deemed invalid.
3.7 Entries are subject to the following: (a) each entry must be substantially unique; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a limit of one entry per person.
3.8 Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
4. DRAW AND NOTIFICATION OF WINNER
4.1 Each entrant who has entered the competition over the Competition Period and registered all details in accordance with clauses 2 and 3 will be entered in the prize judging. Draw to take place at 11:00AM AEST on 18th December 2019 at Budget Motel Chain office, 18 Davy Street, Frankston Vic, Australia.
4.2 Should an entrant’s contact details change during the Competition Period, it is the entrant's responsibility to notify the Promoters. A request to access or modify any information provided in an entry should be directed to the Promoters.
4.3 There will be one (1) Major prize winner selected from all valid entries. Winner must be an Australia or New Zealand resident aged 18 years or older.
4.4 The Promoters' decision in relation to any aspects of the competition is final and the Promoters will not enter into any correspondence regarding the result.
4. 5 It is a condition of accepting the Prize that the Prize Winner may be required to sign a legal release in a form determined by the Promoters in its absolute discretion.
4. 6 Entries not completed in accordance with these Terms and Conditions will not be considered valid and will not be included in the judging. Indecipherable or incomplete entries will be deemed invalid.
4. 7 The Promoters reserve the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bills) in order to claim the prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
4. 8 The Promoters reserve the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoters, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or entry, or who has, in the opinion of the Promoters, engaged in conduct in entering the promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the promotion and/or Promoters. The Promoters reserve the right to disqualify a winner if the Promoters become aware that the winner and/or the winner's entry is of a type described in this clause.
4.9 The Prize Winner will be notified via email before the 20th of December 2019.
5. THE PRIZE
5.1 The Prize Winner will receive 2 nights free accommodation at a Budget Motel property of their choice in Australia or New Zealand for two guests. The prize is subject to room availability at the selected property on the dates selected by the Winner. Transport to the selected property is not included in the prize. Incidentals including food and beverages, damage, loss or repair is not included in the prize. As at 14th November 2019, the prize does not exceed AU$400.00.
5.2 The Prize Winner must provide proof of identity before redeeming any Prize and the Promoters may declare a Prize unclaimed if a winner is unable to prove their identity to the reasonable satisfaction of the Promoters.'
5.3 The prize, or any unused portion of a prize, is not exchangeable or cannot be redeemed as cash. A prize cannot be used in conjunction with any other special offer. The Prize is valued in Australian dollars. The Promoters accept no responsibility for any variation in the prize value.
5.4 The Prize Winner agrees that the Prize, as described in paragraph 5.1 constitutes the total prize given by the Promoter and that all additional costs are the responsibility of the Winner. This includes any ancillary costs associated with prize redemption, including flights and travel expenses, any expenses incurred from transportation to city of departure, food or beverages. These are the responsibility of the winner.
5.5 The Prize Winner must be available to redeem their prize before 17th December 2020.
5.6 The Prize Winner acknowledges and accepts that activities that form part of the prize are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoters are not responsible for any acts of god, such as adverse weather conditions or industrial action or civil commotion that may take place. The Prize Winner must make his or her own enquiries about local issues and conditions at destinations prior to travel.
5.7 The Prize Winner (and their companion) are responsible for all other expenses including spending money, meals (unless specified), drinks (unless specified), transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize.
5.8 The Prize Winner and their travel companion are responsible for complying with health and any other government requirements that may apply to the prize. All prize travel will be subject to the carrier’s General Conditions of Carriage. It is the traveller’s personal responsibility to ensure that they have valid travel documentation, including valid passports and visas, which meet the requirements of government authorities at the relevant destinations. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller(s). The Promoters make no representation as to the safety, conditions or other issues that may exist at any destination.
5.9 By entering the competition, the Prize Winner and their guest acknowledge they are able to bring with them with the required clothing at no expense to the Promoter or the other organisers.
6. TERMS APPLICABLE TO THE PRIZE
6.1 The Prize Winner will receive all details and vouchers to redeem the prize by Budget Motel Chain. The Prize Winner will be subject to and must abide by the Terms and Conditions of all Prize Provider's and associated third parties. Any breach of such terms and conditions may affect the ability to receive benefits of the prize. In that case, such benefits will be forfeited.
6.2 If for any reason the Prize Winner is unable to accept their Prize, they will forfeit the Prize and no compensation will be given in lieu.
6.3 The Promoters accept no responsibility for any variations in the value of the prize as quoted in these terms and conditions. In the event that the Prize components as listed cannot be offered at the time of fulfilment at the fault of the promoter, a replacement prize will be offered of equivalent value (at the combined discretion of the Promoters).
6.4 In participating in the prize, the Prize Winner agrees to participate and co-operate as required in all editorial activities relating to the promotion, including but not limited to being interviewed and photographed. The Prize Winner grants the Promoters a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide and the Prize Winner will not be entitled to any fee for such use.
6.5 The Prize Winner must, on request by the Promoters, be able to provide evidence which, to the reasonable satisfaction of the Promoters, demonstrates that the Prize Winner is an eligible entrant (as per clauses 2.1, 2.2) and has complied with these terms and conditions.
6.6 It is a condition of accepting the Prize that the winner must comply with all the conditions of use of the Prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
7. NO LIABILITY
7.1 The Promoters shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. Neither are the Promoters responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with, or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite failure, theft or destruction or unauthorised access to, or alteration of, entries, and reserves the right to take any action that may be available.
7.2 If for any reason, this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoters, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoters reserve the right, in their sole discretion, to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the competition subject to any written directions given under State Legislation.
7.3 Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
7.4 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 State and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees and The Promoter (including their respective officers, employees and agents) exclude 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.
7.5 The Promoters reserve the right, in its sole discretion, to disqualify any individual who the Promoters have 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 the promotion. The Promoters' legal rights to recover damages or other compensation from such an offender are reserved.
8. PRIVACY CONSENT
8.1 To provide you with this promotion, the Promoters need to collect personal information about you. If you do not provide the information requested, the Promoters may not be able to provide you with the promotion entry.
8.2 Each entrant agrees that subject to the Privacy Act, the Promoters or their agents may do the following:
a) transfer personal information confidentially to the Promoters or other organisations that provide services in relation to this promotion;
b) disclose personal information to State and Territory lottery departments;
c) publish the winners' names as required under applicable law;
d) use the prize winners' personal information in any media for publicity purposes associated with the promotion without any further payment or other compensation, unless the prize winner otherwise notifies the Promoters at the time of accepting the prize.
8.3 Entry details remain the property of the Promoters, and their related entities and are collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The entrant may request access to his or her personal information.