12 Nights Pacific Cruise Promotion (Competition is now closed)
TERMS AND CONDITIONS
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 26 years or over. Employees (and their immediate families) of the Promoter, Participating Hearing Life clinics 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.
A Participating Hearing Life clinic is any Hearing Life clinic operating in Australia.
Promotion commences on 04/01/2016 and final entries close at 5:05pm AEST on 30/04/2016 (“Promotional Period”).
To be eligible to enter and receive an automatic entry, individuals must book an appointment at a Participating Hearing Life clinic during the Promotional Period. The appointment must be booked by 5:05pm AEST on 30/04/2016 and scheduled to be attended no later than 29/07/2016. Appointments can be booked by calling a Participating Hearing Life clinic directly, by making an appointment in person at a Participating Hearing Life clinic or by making an appointment online using a booking website. The booking website for Hearing Life clinic can be found at hearinglife.com.au/request-an-appointment. Bookings for follow up appointments, counselling, clean and check type appointments are excluded. Bookings that are made and then cancelled during the Promotional Period will be excluded from entry.
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 thepromotion. 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.
Incomplete or illegible entries will be deemed invalid.
Only one (1) entry is permitted per person. For clarity, regardless of how many appointments in excess of one (1) a person books during the Promotional Period, each person is only eligible to receive one (1) entry for booking an eligible appointment at a Participating Hearing Life clinic. If an entrant makes multiple bookings at multiple Participating Hearing Life clinics, only the entrant’s first booking will be deemed valid for the purposes of this promotion.
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.
The draw will take place at Handling Matters 1/3 Green Street, Brookvale NSW 2100 on 03/05/2016 at 3:00pmAEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published in The Australian on 17/05/2016.
The Promoter’s decision is final and no correspondence will be entered into.
The first valid entry drawn from all valid entries received nationally during the Promotional Period, will win a 12 night Pacific Cruise for two (2) people, on board a Carnival Cruise ship valued at up to $9,630 depending on date and point of departure. Prize includes:
Two (2) x return economy airfares from winner’s Australian nearest capital city to Sydney, NSW including return airport to Sydney NSW departure port transfers (if necessary);
Twelve (12) nights twin share accommodation in a balcony cabin aboard a Carnival Cruise ship;and
all standard breakfast, lunch and dinner meals served whilst aboard the Carnival Cruise ship (with the exception of those restaurants which have an additional cover charge).
If a winner is not from NSW, the prize also includes return economy airfares from the winner’s nearest Australian capital city to Sydney, NSW. If a winner is from NSW, then the prize does not include airfares or transfers and the airfare/transfers component of the prize is not redeemable for cash. If a winner is from NSW, the winner and his or her companion will be responsible for any ancillary costs associated with getting to and from the Sydney, NSW departure port. Shore excursions/activities, spending money, additional meals, insurance, transport to and from departure point (unless otherwise stated), additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The prize must be taken to coincide with one of the following departure dates: 30/07/2016 or 15/08/2016 and is subject to booking availability. These dates are also subject to change. If the dates are changed the Promoter will use reasonable efforts to notify the prize winner.
During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion must depart from and return to the same departure point and travel together. 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. Tickets are non-transferable (i.e. no name changes allowed). Once tickets are issued, they are non-endorsable and non-transferable. Any alterations to confirmed flights and/or accommodation and/or scheduling arrangements will be at the expense of the winner and his/her travelling companion. All components of the prize must be fulfilled at the same time and the prize cannot be split across different time periods. Individual supplier terms and conditions apply. Flights are economy class and may be indirect. The airline’s Conditions of Carriage apply to all flights. The winner and his/her travelling companion must travel at the same time and are responsible for transport from their residence to their nearest Australian Capital City Airport in Australia. These conditions apply for all flights. Airline, flight route and dates of travel are subject to the promoter’s absolute and final decision.
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.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
If any prize (or part of any 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.
The total prize pool value is up to $9,630.The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
A draw for the prize if unclaimed may take place on 03/08/2016at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner (if one is required) will be notified in writing within two (2) business days of the draw and their name will be published in The Australian on 17/08/2016. In this case, the prize is awarded in the unclaimed prize draw, the prize must be taken on the departure date of 6/12/2016 and is subject to booking availability. This date is also subject to change. If the date is changed the Promoter will use reasonable efforts to notify the prize winner.
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.
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.
Any cost associated with accessing a booking website is the entrant’s responsibility and is dependent on the Internet service provider used.
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.
Except for any liability that cannot by law be excluded, includingthe 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 entrants appointment 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) use of a prize.
Personal information is being collected in order to administer the promotion. By participating in the promotion, the entrant acknowledges that a further primary purpose for collection of the entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the entrant has provided their details for. The Promoter may share information with the Promoter Parties (beingrelated entities, contractors, agents and suppliers]) who may also contact the entrant with special offers in this way. By entering the promotion, the entrant acknowledges and agrees that the Promoter may use the entrant’s personal information in the manner set out in these Terms & Conditions. Entry is condition on the provision of the requested information.
The Promoter is Sonic Innovations (ABN 86 007 608 460) of 3 Unley Road, Parkside SA 5063. Telephone: 08 8373 5740.NSW Permit No. LTPS/15/09648. ACT Permit No. TP15/08298. SA Permit No. T15/2195