Brilliant Travels Competition - Terms & Conditions

The Brilliant Travels competition (Promotion) is being run by SeaLink Travel Group Limited (Promoter), Level 3, 26 Flinders Street, Adelaide SA 5000.

Contact details:
General Manager Marketing, SeaLink Travel Group.
Telephone: +61 8 8202 8688. Email: marketing@brillianttravels.com.au


Entry

  1. Eligibility
    1. Entry is open to Australian residents who are 18 years or older and are not employees of, or children of employees of, the Promoter (including its related bodies corporate) or a company associated with the Promotion (Eligible Entrants).
    2. There is no restriction on the amount of times an Eligible Entrant may enter the Promotion.
    3. Entries open at 12.00 pm on 2 December 2019 and close at 12.00 am on 31 March 2020 Australian Central Standard Time (Entry Period).
    4. An entry will only be eligible for the Promotion where it complies with these terms and conditions in every respect (Eligible Entry. For the avoidance of doubt, an entry received after the Entry Period or an incomplete entry received during the Entry Period will be accepted but would not be considered as an Eligible Entry for the purposes of being eligible to win the prize.
    5. No responsibility is taken by the Promoter for late, lost, incomplete, illegible or misdirected entries.
  2. Method
    1. To enter, Eligible Entrants must within the Entry Period:
      1. complete all fields and submit the completed entry via the form at https://brillianttravels.com.au/brilliant-photo-competition/ and
      2. complete the following steps:
        1. upload image/video in a high resolution format (at least 300 pixels) at the website link specified in the entry form, so that it is readily accessible to the judges at any time;
        2. nominate the Brilliant Travels destination where the image/video was taken;
        3. Tell us in 100 words or less what you love about the destination; and
        4. Add the hashtag #brillianttravelscomp at the end.
    2. All entrants (whether or not they are an Eligible Entrant) consent to:
      1. their image/video and name being included on the Promoter’s website, social and digital marketing channels at brillianttravels.com.au;
      2. their image/video and name being used in promotional material in connection with the Promotion [and if an Eligible Entry and judged the winning entry], included in a Brilliant Travels national marketing campaign by the Promoter in 2020;
      3. their image/video and name being used in any promotional material run by SeaLink Travel Group, or our affiliates or partners, indefinitely.
    3. The entrant warrants that:
      1. the image/video is the entrant's original work and the entrant owns all intellectual property rights in the image/video (including, without limitation, in the music, script and film); and
      2. the entrant has obtained all consents and permissions (including those related to moral rights) necessary to allow the Promoter to deal with the entry and the image/video in accordance with these terms and conditions without breaching any person's rights (including, without limitation, any intellectual property rights or moral rights).
  3. Judging
    1. The Promotion is a game of skill. Chance plays no part whatsoever in determining the winner.
    2. In the week beginning Monday 6 April 2020, the Promoter’s marketing team (Judges) will review all Eligible Entries and select [five] finalists. The finalists will be selected based on the relative production and content quality, relevance, entertainment value, human interest and originality.
    3. The Judges will determine the winner from amongst the five finalists’ entries based on the relative production and content quality, relevance, entertainment value, human interest and originality of all relevant entries.
    4. The winner will be determined on Friday 10 April 2020 and the Judges' decision is final. Judging will take place at the Promoter’s head office at Level 3, 26 Flinders Street, Adelaide, SA.
  4. Prize
    1. The Prize is as follows:
      1. $2000 Brilliant Travels gift certificate for the winning Entrant to spend on any SeaLink Travel Group product or package across Australia; and
      2. The winning Entrant’s image/video may be showcased in a Brilliant Travels national marketing campaign in 2020. The winning Entrant’s name will be credited along with the image/video as part of the campaign.
    2. The Promoter reserves the right to substitute this prize with a similar prize if necessary. The prize is not transferable by the prize winner and is not redeemable for cash or otherwise substitutable.
    3. The Promoter makes no warranty or representation in connection with any Prizes as to the value, quality, suitability for any purpose, dimensions or other property or attribute of the Prize.
  5. Prize Winner Announcement and Prize Collection
    1. The winning Entrant will be notified of their win by email, post or telephone on or before Friday 29 May 2020 using the contact details submitted with their entry.
    2. The Promoter may also publish the winning Entrants' details in any SeaLink Travel Group newsletter, on any SeaLink Travel Group website, by email or other social media (including Facebook).
    3. The Prize will be awarded or delivered to the winner, or made available for collection by winner, in the manner notified to the winner by the Promoter.
    4. In the event that the Promoter can’t contact the winning Entrant within 30 days of determining that winner, the Promoter may at its discretion, award the Prize to another finalist whose entry was selected by the Judges in accordance with clause 3.2 of these terms and conditions, whereupon, that Entrant shall be deemed to be the winning Entrant.
  6. Personal Information
    1. The personal information of an Entrant will be handled in accordance with the Promoter’s Privacy policy located at www.sealinktravelgroup.com.au/privacy-policy/.
  7. Termination of an Entrant’s Participation
    1. The Promoter may terminate the participation of an Entrant in the Promotion, refuse to award a Prize to an Entrant or recover a Prize awarded to an Entrant without notice for any reason including, without limitation, if that Entrant:
      1. submits an entry otherwise than in accordance with these terms and conditions or tampers with the process for making an entry;
      2. commits any breach of these terms and conditions;
      3. abuses any privilege afforded to the Entrant under the Promotion;
      4. supplies any misleading information or makes any misrepresentations to the Promoter or its agents in connection with the Promotion;
      5. is otherwise dishonest or fraudulent in its dealings in connection with the Promotion;
      6. behaves in a manner which diminishes the name or reputation of the Promoter, is unlawful or otherwise inappropriate.
    2. An Entrant may terminate their participation in a Promotion at any time by emailing notice to the Promoter at: marketing@brillianttravels.com.au.
    3. The Promoter will not be liable for any loss or other consequence arising out of termination of an Entrant's participation in a Promotion whatsoever.
  8. Suspension and termination of Promotion
    1. The Promoter may suspend or terminate a Promotion at any time at its discretion without prior notice.
    2. The Promoter will not be liable for any loss or other consequence arising out of suspension or termination of a Promotion whatsoever.
  9. The Promoter’s Website
    1. While the Promoter takes all reasonable care in the construction, operation and content of the Promoter’s website, it makes no guarantee or warranty that:
      1. the use of the Promoter’s website will be uninterrupted or virus and error free;
      2. any information contained on the Promoter’s website is complete, accurate or up to date.
    2. Entrants must take their own precautions to ensure that the process which they employ for accessing the Promoter’s website in making an entry in a Promotion does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their computer system. The Promoter is not responsible for any interference or damage to computer systems which may arise in connection with accessing the Promoter’s website or any other website linked to the Promoter’s website.
    3. Access to the Promoter’s website may be terminated at any time without notice.
  10. Intellectual Property
    1. Entrants grant to the Promoter an irrevocable, perpetual non-exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish any images or material contained in or submitted with an Entrant's entry and to create derivative works from any part of such image or material for any purpose and to grant sublicenses of the same.
  11. Disclaimer
    1. The Promoter makes no express or implied warranty or representation in connection with any Promotion other than those set out in these terms and conditions.
  12. Tax Liability
    1. Any tax, liability or duty arising from a Prize received by an Entrant is the responsibility of the Entrant.
  13. Limitation on Liability
    1. To the fullest extent permitted by law:
      1. any liability that the Promoter may have to an Entrant whether for negligence, breach of contract or otherwise in respect of a Promotion is, to the fullest extent permitted by law, limited to conducting the Promotion and awarding the Prize in accordance with these terms and conditions; and
      2. the Promoter will have no liability whatsoever for any loss of profits or any other incidental, consequential or indirect loss or other consequence in connection with the Promotion.
  14. No waiver
    1. No granting of time indulgence or failure to enforce a provision of these terms and conditions shall constitute a waiver by the Promoter of the same.
  15. Release and indemnity
    1. Each Entrant releases and indemnifies the Promoter from and against any liability arising from:
      1. any breach of these terms and conditions by the Entrant;
      2. any use or misuse of a Prize by the Entrant;
      3. any other conduct by the Entrant which entitles the Promoter to terminate the participation in the Promotion of the Entrant.
  16. Severability
    1. If any part or all of any provision of these terms and conditions becomes or is found to illegal or unenforceable that provision may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall continue in force.
  17. Governing Law
    1. These terms and conditions will be construed according to and governed by the law of South Australia, Australia. The parties submit to the exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising under these terms and conditions.
  18. Terms and Conditions subject to Change
    1. The Promoter reserves the right to vary these terms and conditions at any time and without notice. Please check these terms and conditions at regular intervals for any changes.
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