Japan Lens Terms and Conditions

Competition Terms and Conditions

Game of Skill
Internal Japan Instagram Lens Competition Conditions of Entry

A.  General
1.Information on how to enter this Promotion, mechanics of entry and prizes form part of these Conditions of Entry. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each Entrant.
2.Entry is open to all Virgin Australia employees (Entrants). 
3.Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Conditions of Entry. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion
3.The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 56 Edmondstone Road, Bowen Hills, Queensland 4006.
5.The Promotion commences at the time the Virgin Vibe email is sent on Friday 28th February 2020 and ends at 17:00 pm AEST on Friday 6th March, 2020 (Promotion Period). 

B. Entry
6.To enter the Promotion, Entrants must, during the Promotion Period: take a picture or video in the Virgin Australia Tokyo Haneda Instagram Lens explaining why they’d like to visit Japan and post to their Instagram feed tagging #VirginAustralia and #FeelGoodFlying. The entrant with the strongest and most creative post will be successful. 
7. There is a limit of one entry per person for the duration of the Promotion Period
8.Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission.  Entries received will be considered final by the Promoter. Illegible, incomprehensible and incomplete entries will be deemed invalid. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by the Promoter. 
9.If you enter the Promotion but no longer wish to participate, please email skye.burkin@virginaustralia.com and you will be removed from the Promotion.
10.The winning entry will be featured on the Virgin Australia social media accounts in Virgin Australia’s inflight magazine at its discretion. Entrants acknowledge and agree that entries submitted for this Promotion are subject to section F of these conditions.
11.Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary. 
12.Entry and continued participation in the Promotion is dependent on the Entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php). This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law. The Entrant releases Facebook and its associated companies from all liabilities arising in respect of the Promotion. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook. 
13.Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
14. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Twitter Rules, which can be found at https://support.twitter.com/articles/18311#. This Promotion is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrants understand that they are providing their information to the Promoter and not to Twitter. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Twitter. Twitter will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law. 
C. Selecting Winners
15.The judging will be conducted on 6th March, 2020 at 10:00am at Virgin Australia Sydney Head Office. All decisions of the Promoter are final and no discussions or correspondence will be entered into. The Promoter may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible Entrant. 
16.The winner or Winners (a Winner) will be notified in writing within two (2) business days of the draw and their name/s will be published in Virgin Vibe on 6th March, 2020. 
17.Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received. 
18.This is a game of skill and chance plays no part in determining the Winner. The criteria for judging will be based on, among other things, originality, creative merit and relevance. 
D. Prize
19.There is one prize to be won. The best valid entry as determined by the judges, will win x 2 economy return Virgin Australia flights to Tokyo, Haneda.  
20.Total prize value is circa. $2,000 AUD (including GST).  The prize is not exchangeable, transferrable and cannot be taken as cash. 
21.If the prize (or part of the 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.
22.Flights are subject to Virgin Australia’s Conditions of Carriage which are located on the Virgin Australia website at www.virginaustralia.com.
23.To redeem the flights, please email skye.burkin@virginaustralia.com
24.If for any reason, the Winner does not, once the flights have been booked, notify Virgin Australia at least 24 hours prior to scheduled departure that they are unable to take the booked flight at the time stipulated, their prize will be forfeited and cannot be redeemed for cash.
25. The Prize flights will not earn Velocity Points.
35.It is a Winner’s responsibility to ensure that they have requisite visas, vaccinations, 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 Winner.
36. A Winner is responsible for all other expenses including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. 
37.Prize is valid for 12 months from date of issue of a Prize Winner Certificate and is subject to booking and flight         availability. Prize is based on economy class availability, which is limited over peak periods Eg: school holidays, Christmas. 
38.During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
39. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination or as part of the prize.
40. The prize will be awarded to the Entrant named in the entry.
E. Contacting the Entrant
41. Should an Entrant’s contact details change during the Promotion 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 the Promoter.
42. 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. 
44. If for any reason the Winner does not take / redeem the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 
42.The Promoter reserves the right to request that a Winner provides proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim a prize. Proof of identification, residency, age 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. 
F. Intellectual Property
43. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

a.they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; 
b.their Content shall not contain viruses or cause injury or harm to any person or entity; 
c.they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; 
d.the Content is the original artistic and/or literary work of the entrant that does not infringe the rights of any third party; 
e.they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f.they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems

Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
44. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Such use may include social media channels, publications including our inflight magazine and television commercials. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.
45.The Promoter may want a Winner to participate in promotional activity after the Promotion has ended. In consideration for the Promoter awarding the prize to a Winner, the Winner permits the Winner’s image and/or voice, as recorded, photographed or filmed during the Winner’s participation in the prize to appear in any media whatsoever throughout the world for an unlimited period and the Winner will not be entitled to any fee for such use.
G. Tax
46. The Promoter will not be liable for any tax liability, including without limitation income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits, incurred by a Winner, an Entrant, their employer and/or another party in regards to any connection with participating in the Promotion or the receipt or use of any prize. 
47. Entrants, the Winner and/or the winners chosen traveller will be required to pay any taxes and other airport related charges (including any applicable GST on those taxes and charges) which may be due on receipt or use of the prize.
48. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability and/or reportable fringe benefits before acceptance or use of a prize.
49. The Promoter does not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using any of the prizes.
50.The other party must ensure that all promotional and marketing material prepared by the other party relating to the Promotion sufficiently notifies Entrants of the above conditions.
51. The Promoter, it’s agents and associated companies are not responsible for and exclude all liability (including negligence), for any variation in the prize value to that stated in these Conditions of Entry.
H. Legal
52. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of the 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 Conditions of Entry or who has, in the opinion of the 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 the Promoter. The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion.  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. 
53. 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. 
55. 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 Promotion on the dates and in the manner described in these Conditions of Entry, 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 Promotion and recommence it from the start on the same conditions. 
56. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure 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 Promotion, or invalidate any affected entries. 
57. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) in Australia, or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). The Promoter, its associated agencies and companies (and their respective officers, employees and agents) exclude all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Promotion or any prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) any variation in prize value to that stated in these Conditions of Entry; and (v) acceptance and/or use of any prize (including but not limited to any component of a Winner’s trip).   
58. 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 of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Promotion. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
59. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
60. [The Promoter is collecting your personal information for the purpose of conducting the Promotion, including providing any prize to you. If the Promoter can not collect your personal information, we will not be able to enter you in the Promotion or provide you with a prize. The Promoter may also disclose your personal information to and/or collect your personal information from its related companies (including Velocity Frequent Flyer Pty Ltd and Velocity Rewards Pty Ltd) and third parties who provide (or help the Promoter provide) products and services, including Virgin Australia Holidays. The Promoter may disclose your personal information to persons or organisations located in overseas countries, as described in the Promoter’s Privacy Policy (www.virginaustralia.com/privacy).   The Promoter’s Privacy Policy  also states how you can seek to access or correct your personal information and how to make a privacy complaint.  You can contact the Virgin Australia Privacy Officer in at privacy@virginaustralia.com.]
61.  You consent to the Promoter using your personal information for future promotional and marketing purposes regarding the Promoter’s products and services, including contacting the entrant via SMS and email messages (and you consent to receiving such messages from the Promoter).  Information on how to opt-out from these messages is set out in the Promoter’s Privacy Policy.  
62. A request to access, update or correct any information should be directed to the Promoter