Competition Terms and Conditions

Mother’s Day 2010 - Mauritius

Permit Numbers:

ACT: TP 10/01307 – NSW: LTPS/10/02741 – SA: T10/689 – VIC: 09/1092

1) These Terms & Conditions relate to the “Mother’s Day 2010 - Mauritius” competition (“Competition”). Information on how to enter the Competition and the prizes form part of these Terms and Conditions. There is one (1) promoter for this Competition (“Promoter”):

1. Roses Only & Lush Flowers Pty Ltd (trading as Roses Only)

           ABN: 60 065 255 692

           57-59 Dunning Ave

           Rosebery, NSW 2018

There are two (2) sponsors/participants for this Competition (“sponsors”):     

1. Club Med

      ABN: 73 001 302 012

            Address: GPO BOX 1632, SYDNEY NSW 2011

2. Air Austral

      ABN: 21 136 104 964

            Address: Lv 12, 403 George St SYDNEY NSW 2000

2) By participating, entrants agree to be bound by these Terms and Conditions.                

3) Entry is open to residents of Australia ONLY.  Employees and their immediate families of the Promoter, sponsors and their Associated Agents and Corporations are not eligible to enter.   "Immediate family" means spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.  “Associated Agents and Corporations” means anyone or any entity which has a beneficial interest in, control or influence over or direct relationship of any kind with the employees of the Promoter or the sponsors.    

4) The Competition will be open from 19/04/2010 at 9.00am AEST and will close on 18/05/2010 at 11.59pm AEST for all states (“Promotion Period”).

5) The selection of the winners of the Competition will take place electronically by way of a computer program that randomly selects a winner from a list of email addresses of entrants.  This list is held in a data file.  The computer program uses a formula incorporating the RAND() function in Microsoft Excel on the data file received.   

6) To be eligible to enter this Competition entrants must:

a) Make a purchase from Roses Only during the promotion period and opt-in to enter the competition at the time of purchase.

b) Be 18 years or over at the time of entry; and

c) Be a resident of Australia.

7) There is no entry fee.

8)  Upon the submission of an entry form in accordance with these Terms and Conditions, an entrant becomes entitled to:

a)  One (1) entry in the random draw at the close of the promotion period

9) In the event of a dispute as to the identity of an entrant, any Prize(s) won will be awarded to the authorised account holder(s) of the e-mail address with which the winning entrant registered for the Competition. The authorised account holder is deemed as the natural person who is assigned to an e-mail address by an internet access provider, service provider or other organisation that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.

Prizes

11) There are two Major Prizes. The Major Prize includes the following components:

* If the winner of the prize resides outside of Sydney please see Clause 14/xviii

12) The maximum total value of the two Major Prize packages is: AUD$20,132.00

Prize terms & conditions

The following terms & conditions relate to the prizes provided by the relevant Promoter.

13) Prize terms & conditions for Roses Only:

i.                     Prizes are not redeemable for cash.

14) Prize terms & conditions for Club Med and Air Austral:

1. Each Prize is an 8-night accommodation package for 2 people. Travel must be completed before 25  May 2011 (Excluding all high season. Blackout dates may apply). Exact dates of stay will be requested by the winner and confirmed by Club Med. The Prize cannot be otherwise redeemed during any other period.
2. Prize valid at the following Club Med resorts: La Pointe aux Canonniers and La Plantation d’Albion.
3. The winners will be notified of the lucky draw results via email. 
4. To redeem their Prize, prior reservation must be made directly with the Club Med Sales Office. Reservation and booking can only be made 30 days prior to the planned departure date.
5. Acceptance/confirmation of the reservation by the Club Med Sales Office is subject to room availability.
6. Upon acceptance/confirmation of the reservation by the Club Med Sales Office, the Prize shall be considered to be redeemed on the acceptance/confirmation date. No amendments or cancellations will be allowed and any unused land stay or transportation will be forfeited.
7. The Prize is not transferable and is not redeemable for cash or any kind. No compensation will be given for unused portion of land stay or if the prize value is less than $8,000 at the resort chosen.
8. The land stay is for 2 adults on a twin sharing basis in a Superior room. Included are all meals, unlimited wine, beer and soft drink during meal times (if the winner is from NSW, the maximum quantity of alcohol authorized is 20 litres), all day bar and snacking, sporting activities with tuition, kids clubs (where applicable), nightly entertainment.
9. Any personal purchases at the boutique or bazaar and excursions are on personal account and excluded.
10. Club Med Membership fees ($60) are compulsory and payable by the prize-winner.
11. Additional items not covered under the Prize (including where applicable membership fees and transfers) shall be payable at the time acceptance/confirmation.
12. Additional bookings that are confirmed will be subject to the standard terms & conditions of Club Med & cancellation procedures will apply.
13. The prize must be redeemed or claimed within 3 months from the date on which winners are notified. The prize is not transferable and cannot be exchanged for cash.
14. The winner must travel with the second person on the same flights. The price is valid for one year from the date of the draw.
15. Tickets are non transferable or redeemable for cash.
16. Travel is valid only during the low season.
17. Travel is on Economy class basis from Sydney with Air Austral.
18. If the winner of the prize resides outside of Sydney, an economy class flight with either Virgin Blue or Jetstar may be redeemed as part of the prize package. The flight will be from the winner’s closest capital city to Sydney for departure with Air Austral.
19. Tickets are strictly non transferable, non refundable and non upgradeable. This voucher has no monetary value and is not exchangeable for cash or credit. The winner of the ticket(s) must be among the travelers.
20. Passenger is required to pay for airport taxes, fees and other charges imposed on air transportation.
21. All conditions are subject to change without notice.

15) Prize values are as provided by the supplier and are correct at time of printing. All prize values are in Australian Dollars.

16) Other than as specified in any of the Promoter or sponsor’s prize terms & conditions (clauses 13 to 15 above), in the event, for any reason whatsoever the winner does not take an element of the prize at the time stipulated by the relevant Promoter, that element of the prize will be taken to have been forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

17) Any tax liability which arises from the prize winnings is the responsibility of the prize winner. 

Prize Draws

18) There will be two (2) Major Prize winners who will be chosen from all correct entries received during the Promotion Period.

19) The winner draw will be conducted at 12.00pm AEST on Tuesday 25^th May 2010 at 57-59 Dunning Avenue, Rosebery, NSW 2018 according to the following schedule:

20) The Promoter’s decision is final and no correspondence or negotiations will be entered into.

Winner Notification and Publication

21) The Major Prize winner will be contacted via phone and e-mail supplied by the entrant at time of purchase from Roses Only. The names of the Major prize winner will be published in The Australian newspaper on Tuesday 1^st June 2010. 

Ownership and Use of Entries

22) The promoter and sponsors are the owners of all entries and jointly have the exclusive right to use, broadcast, exhibit, distribute, advertise, publicise, promote or otherwise exploit the entries. The collection, use and disclosure of personal information provided in connection with this promotion is governed by the attached Privacy Policy.

Limits on Liability

23) To the extent permitted by law, the Promoter, sponsors and their Associated Agents and Corporations (including their employees and contractors) will not be liable for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, sponsors or their Associated Agents and Corporations (including their employees and contractors) in connection with or as a result of:

a) The prizes;

b) The Competition;

c) Electronic submission of the entry by the entrant; or

d) Participation in any prize

24) Clause 23 does not affect and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its employees or contractors for breach of any such rights is limited to the payment of the cost of having the prize supplied again.

Miscellaneous

25) In the event that a prize winner does not claim their prize within 3 months following the relevant prize draw, another winner will be selected by random draw from all other eligible entries for the relevant prize at 12.30pm AEST on 25 August 2010 at 57-59 Dunning Avenue, Rosebery NSW. In the event that a prize re-draw takes place for any unclaimed prize, the name of any re-draw prize winners will be published in The Australian Newspaper on 1 September 2010. In addition, any re-draw prize winner will be contacted via phone and e-mail supplied at time of purchase from Roses Only.

26) In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, or which corrupts or affects the administration security, fairness, integrity or proper conduct of this promotion, including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes, or any other failures or causes beyond the control of the Promoter and sponsors, the Promoter and sponsors may in their absolute discretion cancel the Competition and may (but need not) recommence it from the start on the same conditions, subject to the appropriate prior regulatory approvals in each State.

27) The Promoter reserves the right in their sole discretion to disqualify any individual who tampers with the entry process.