NY in NY

Virgin Mobile customers could win:

THE PRIZE

The prize includes:

THE BIG APPLE

Ts & Cs

Virgin Mobile (Australia) Pty Limited New Year in New York Competition Terms and Conditions

  1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
  1. Entry is open to all residents of Australia who are:

(“Eligible Entrant”).

  1. The following individuals are ineligible to enter:
    1. Employees of the Promoter or any of its related corporations, any of their agencies, printers, suppliers, providers or participating retailers who are associated with the Promotion.
    2. An immediate relative of any person outlined in Clause 3a
    3. Virgin Mobile Australia customers who have Ported their service to another carrier (taken their service to another telecommunications provider), transferred the service into someone else’s name or whose service has been cancelled or suspended by the customer or Virgin Mobile Australia at the time of the draw.
  1. The competition commences at 00:01 Australian Eastern Daylight Savings Time (“AEDST”) on 1 November 2012 and concludes at 23:59 Australian Eastern Daylight Savings Time (“AEDST”) on 30 November 2012. (“Promotional Period”)

ENTRY

  1. To enter, Eligible Entrants must:
  1. Incorrect entries will result in a “Try again” message to a maximum of three (3) times.
  1. Correct entries will result in one (1) entry into the Promotion, limited to one (1) entry per Eligible Entrant per day. Each day a new location will be displayed with new multiple choice answers. Eligible Entrants may enter each day for the duration of the Promotion. The maximum entries an Eligible Entrant can obtain within the Promotional Period through correctly identifying the location of a famous movie that Doug Pitt was not in is thirty (30) if entries are completed daily in accordance with Clause 6..
  1. Illegible, incomprehensible and incomplete entries will be deemed invalid.
  1. The Promoter reserves 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 bill or store receipt for purchase requirement) in order to claim a 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.
  1. The Promoter reserves the right to verify the validity of entries and to disqualify any entries which, in the opinion of Promoter, 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 & Conditions of Entry or who has, in the opinion of Promoter, 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 Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses or PO Box addresses to register. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  1. Entries must be received by 23:59 (AEDST) on 30 November 2012. The time of entry will in each case be the time the online entry is received by the Salmat Digital Pty Limited database. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
  1. Any entry that is made on behalf of an Entrant by a third party will be invalid.
  1. The cost of accessing the promotional website will be dependant on the entrant’s individual Internet or Mobile Service Provider.
  1. Prize details: 1 x Major winner will receive a trip for two to New York to celebrate the 2013 New Year, including:
  1. Total maximum prize value at AUD $20,950 (including GST)
  1. Prizes cannot be transferred and cannot be redeemed for cash.
  1. The winner/s (and their companion/s) is/are responsible for all other expenses including spending money, meals (unless specified), drinks, 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.

    Travel insurance is not provided by the Promoter. The prize winner/s are fully responsible for taking out the appropriate insurances associated with the Prize. It is highly recommended that the prize winner obtains appropriate insurances in the event of unforeseen circumstances.

  1. The winner/s and travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure.
  1. The prize must be taken in conjunction with 2012/2013 New Years on Monday, 31 December 2012 and is subject to hotel and flight availability and cannot be changed once the booking has been made.
  1. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.
  1. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable or refundable.
  1. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. 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.
  1. Virgin Mobile (Australia) Pty Limited and Salmat Digital Pty Limited make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.
  1. Unless expressly stated in these terms and conditions, all other expenses including the cost of all insurance, become the responsibility of the winner.
  1. If the 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 State Regulation.
  1. The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
  1. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
  1. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
  1. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.
  1. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
  1. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
  1. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
  1. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
  1. Each valid entrant who has entered the competition over the duration of the promotional period will be entered into the draw. One valid entrant will be drawn at random to become the major winner. The draw will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060, on Monday 3 December at 10:00 (AEDST). In the event that the entry drawn is not a Virgin Mobile Customer as in accordance with Clause 3c, another draw will take place at 11:00 (AEDST) at the same place as the original draw and will continue each hour until an Eligible Winner is drawn.
  1. If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
  1. The winner will be notified within 2 days of the draw.The winner will be notified of their prize in writing and their details published in the Public Notices section of The Australian newspaper on Wednesday, 12 December 2012.
  1. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
  1. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
  1. The major prize must be accepted by 5pm AEDST on 7 December 2012 and if the major prize remains unallocated or unclaimed, a further Second Chance draw will be conducted at 10:00 AEDST on Thursday, 13 December 2012 at the same time and place as the original draw (subject to any directions given under all State Regulations). The winner will be notified within 2 days of the draw. The winner will be notified of their prize in writing and their details published in the Public Notices section of The Australian newspaper on Wednesday, 19 December 2012.
  1. Travel must be taken at the time specified by the promoter and must coincide with the 2012/2013 New Years Event on Monday, 31 December 2012. If a winner and travelling companion are, for whatever reason, unable to travel on a nominated date, or do not take an element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the winner. Cash will not be awarded in lieu of the prize or element thereof
  1. The major prize is for the specified dates of the event only. If the winner (for whatever reason) is unable to travel or does not take an element of the major prize within the time stipulated by the Promoter then the prize will be forfeited and cash will not be awarded in lieu of the major prize.
  1. The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.
  1. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
  1. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
  1. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
  1. 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 any 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.
  1. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter 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 the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  1. Virgin Mobile (Australia) Pty Limited, Salmat Digital Pty Limited and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
  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 causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its 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 direction given under State Regulation.
  1. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.
  1. All entries become the property of The Promoter. All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
  1. Salmat Digital Pty Limited, on behalf of Virgin Mobile (Australia) Pty Limited is collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winner). The entrant's personal information may be disclosed to Salmat Digital Pty Limited for this purpose. If you are not willing for this to occur you cannot participate in the Promotion.
  1. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter.
  1. These Terms and Conditions are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of that State.
  1. The Promoter is Virgin Mobile (Australia) Pty Limited, (ABN: 67 092 726 442) of Level 8, 213 Miller Street, North Sydney, NSW 2010, phone: 02 9028 0173 (“Promoter”).

Authorised under NSW permit no: LTPS/12/09257 , VIC permit no: 12/2845 , ACT permit no: TP 12/04244 , SA permit no:T12/2170.