1. Information on how to enter this competition (“Competition”) and the prizes forms part of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any such information, these Terms and Conditions prevail. These Terms and Conditions are available at www.ChoiceTravelGrammer.com.au
2. The promoter is Choice Hotels Asia-Pac Pty Ltd (ABN 41 081 959 891) of 150 Jolimont Road, East Melbourne, Victoria, 3002 Australia, P. +61 3 9243 2400 (“Promoter”).
3. By participating in the Competition you unconditionally accept all the provisions laid down in these Terms and Conditions. You also undertake to act in good faith towards the Promoter and other Participants (defined below) and to comply with all applicable internet rules, ethics, etiquette, codes of conduct, etc., as well as all laws and regulations applicable to prize Competitions in Australia.
4. The Promoter’s decision is final and binding on all matters relating to the Competition and no correspondence will be entered into.
5. These Terms and Conditions will be governed by and interpreted in accordance with the laws of Australia.
6. The Promoter reserves the right to disqualify any person who does not fully comply with these Terms and Conditions.
7. This Competition is in no way Promoted, endorsed or administered by, or associated with Instagram. You understand that you are providing your information and entry to Promoter and not to Instagram. Please direct any questions or comments regarding this Competition to Promoter. You agree to release Instagram and their associated companies from all liability in respect of this Competition.
Who can enter?
8. Subject to the Terms and Conditions of this Competition, entry is open to all natural persons who are residents of Australia and are over the age of 18 and who have fulfilled the requirements set out in these Terms and Conditions.
9. Employees, directors, managers and contractors of the Promoter and of retailers, suppliers and associated agencies and companies, and their immediate families, are not eligible to enter the Competition. 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.
How to enter
10. Entry to the Competition is free. There is no purchase or fee necessary or required for Participants to participate in the Competition.
11. Entrants (“Participants”) must be a current subscriber of Instagram and log into their valid Instagram account. If you are not a current subscriber of Instagram, Participants may download the Instagram application on their device and register at no cost by going to www.instagram.com
NOTE: If a Participant accesses Instagram on his or her mobile device in order to enter the Competition, Participant’s wireless service provider may charge entrant for data services charges. Message and data rates may apply. Participants should review the capabilities of their mobile devices for specific instructions and consult with their wireless provides regarding pricing plans.
13. Participants may enter the Competition by following the Choice Hotels Australia Instagram page. The Choice Hotels Australia Instagram page must still be followed when the winner is announced.
14. Only one Submission is permitted per Participant. By completing the steps above, you agree that your Submission conforms to the Submission Guidelines and Restrictions described below and that the Promoter, in its sole discretion, may remove your Submission and disqualify you from the Competition if it believes, in its sole discretion that your Submission fails to conform to the Submission Guidelines and Restrictions.
Submission Guidelines and Restrictions:
15. Submissions must follow the Choice Hotels Australia Instagram page for the entirety of the competition up until the winner is announced.
16. Any Submission deemed inappropriate or unsuitable, in Promoter's sole discretion, will be disqualified. Submission profiles must not contain material that is inappropriate, indecent (including, but not limited to, nudity, or pornography), profane, obscene, hateful, tortious, defamatory, slanderous, libellous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group), violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), or illegal (e.g., underage drinking, substance abuse, computer hacking, etc.).
17. The Submission profile must not contain or depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination, including without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. The Entry profile must not contain or depict material that is threatening to any person, place, business, group, or world peace or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group.
18. The Submission profile must not contain any content that infringes or may infringe third party rights, including, without limitation, any copyright, name, trade mark, logo, trade dress, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable. Without limiting the generality of the foregoing, publicly displayed and publicly accessible Promoter Submission, materials, or products are permitted to be displayed in entries submitted for this Competition.
19. The Submission profile must not include any representation of celebrities, athletes, musicians, or any other third-party (public or private), include any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Submissions must not contain advertisements, personal solicitations or commercial solicitations.
20. Participants and all Submissions must be in keeping with Promoter's image as determined by Promoter, in its sole discretion, or entry will be disqualified from the Competition. The Submission must not disparage persons or organisations associated with Promoter.
21. Submission profiles must not reference any of the Promoter's competitors.
22. The Choice Hotels Instagram Followers Competition will commence on 03/11/2017 at 09:00 AEDT and close on 27/11/2017 at 16:00 AEDT (“Competition Period”). Submissions must be received by the Promoter prior to the Competition close date and time.
23. The winners will be chosen on 30/11/2017 at 11:00 AEDT, and notified by Instagram private message within two (2) business days after the potential winners are selected. Winners must respond to the Promoter’s request for details to be confirmed as a winner within 2 business days of being contacted.
24. The Promoter reserves the right, subject to State and Territory legislation, to shorten, extend or postpone the Competition Period or to modify or cancel the Competition in the event of unforeseen circumstances outside of its control.
Prizes from Competition
25. There will be two (2) winners, each receiving a two (2) night accommodation prize voucher valid at any Choice hotel within Australia.
26. By accepting this prize, each winner agrees to use the accommodation voucher within the outlined timeframe. In the event that a winner cannot claim the prize, the winner will be deemed ineligible to accept the prize and a replacement winner will be chosen.
Value (Up To)
Two nights’ accommodation at any Choice hotel within Australia
$500 (inclusive of GST)
27. The prize must be used in full on or before Wednesday 30/05/2018. The Promoter will arrange accommodation once a provided prize voucher form is returned and completed from the winner.
28. Prize is non-transferable and no substitution or transfer of prize or election of cash in lieu of prize or any part thereof will be made except as provided herein at the Promoter’s sole discretion.
29. Promoter may, at its sole discretion, substitute a prize for one of equal or greater value if the designated prize or any part thereof should become unavailable for reasons outside the control of the Promoter where reasonable attempts are made to reach agreement with the winner(s) that are unsuccessful.
Selecting the Winners
30. There will be two (2) winners, each of which will be selected at random from all entries at 09:00 AEDT on 30/11/2017 by the Choice Hotels Asia-Pac Marketing team (“Judges”) at the business address of the Choice Hotels Asia-Pac Marketing team.
32. Without prejudice to its right to take legal proceedings or cancel a Participant's Submission, the Promoter shall have no obligation to award the prize to any Participant, if the Participant did not enter his or her contact information correctly at registration or if he or she demonstrably succeeded in rigging or unfairly manipulating or influencing the outcome of the Competition or otherwise did not comply with any of these Terms and Conditions.
33. The prize stipulated in these Terms and Condition is for the finalist’s use only and must not be transferred to any other person(s).
34. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
35. The Promoter may substitute any prize with its monetary value in cash with the written consent of the winners. The Promoter hereby excludes liability for any claim, loss, damage or liability relating to or arising out of the use of any prize.
36. If a winner cannot be contacted by 16:00 AEDT on 02/02/2018, the Promoter reserves the right at its absolute discretion to withdraw the prize entitlement and award the prize to a substitute winner, who will be selected on the same basis as set out in these Terms and Conditions. That winner will be contacted in writing within 2 business days of the draw.
37. Prizes are not transferable and are not redeemable for cash. The decision of the Judges and Promoter is final and binding in all matters relating to the Competition; no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive a Submission or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the Competition.
38. The Promoter shall not be liable for any loss or damage whatsoever which is suffered by any party (including but not limited to indirect or consequential loss) or for any personal injury or death suffered or sustained in connection with acceptance or use of a prize, except for any liability which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures. The liability of the Promoter is strictly limited to conducting the Competition and providing the prize that has been effectively and validly won in accordance with these Terms and Conditions and all other liability in connection with the Competition is expressly excluded to the maximum extent permitted by law.
39. In particular, but without limitation to the foregoing, the Promoter shall not be liable in the event of a malfunction of the Internet or any computer hardware or software which might prevent the Competition from running properly or prevent the sending or receipt of any data. Moreover, it shall under no circumstances be held liable for problems of transmission or loss of mail, whether sent by electronic means or by post.
40. The Promoter shall make every effort to ensure access to the Competition on Instagram at all times but shall not be liable for any failure to do so. The Promoter may at any time, particularly for technical reasons, updates or maintenance, suspend access to the Instagram page, the App and/or the Competition.
41. Participants release and indemnify the Promoter from and against all liability, cost, loss or expense arising out of acceptance or use of any prize or participation in the Competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
42. If any prize or any element of a prize becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize or element of a prize of equal or greater value at the Promoter’s sole discretion, subject to any written directions from the relevant authorities. Winners will not be entitled to any additional compensation in the event that the prize or element of a prize has been substituted at equal or greater value.
43. The Promoter reserves the right to request verification of age, identity, residential address and any other information from entrants relevant to entry into or participation in this Competition (including the originality of any entry). Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with this Competition.
44. Submissions will be deemed accepted at the time of transmission if all mandatory fields are completed. In any dispute relating to whether entries have been received or not will be determined by the Promoter, whose decision is final. Any Submission that contains content that the Promoter, in its sole discretion, considers to be incomplete, inaccurate, underage, erroneous, ineligible, offensive, misleading, inappropriate or incomprehensible will be deemed invalid, as well as any Submission that the Promoter, in its sole discretion, considers to infringe any intellectual property rights or other rights of any person, corporation or entity.
45. The Promoter may, in its sole discretion, disqualify any Submission that the Promoter, in its sole discretion, considers to be unlawful, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, unsuitable for persons under the age of 18 years, or otherwise unsuitable, including, without limitation, any entry that:
a) infringes any intellectual property, privacy, publicity or other rights of any third party;
b) depicts, suggests or promotes defamatory material;
c) depicts a celebrity or third party brand or third party product;
d) depicts, suggests or promotes practices that are dangerous or likely to have an adverse health impact;
e) depicts, suggests or promotes behaviour that would be considered detrimental to animals or the environment;
f) contains images, symbols, figures or language that are likely to be considered gratuitously offensive or demeaning to either gender or to any race, ethnicity, religion, culture, sexual preference, disability or minority group;
g) contains gratuitously provocative, demeaning or erotic sexual imagery, messages or innuendo;
h) depicts, suggests or promotes predatory sexual behaviour;
i) depicts, suggests or promotes littering or otherwise inappropriate means of disposing the Promoter's containers or packaging;
j) depicts, suggests or promotes violent, aggressive, dangerous or antisocial behaviour;
k) depicts, suggests or promotes illegal drugs or drug culture;
l) depicts, suggests or promotes fighting or aggressive behaviour beyond that employed in sporting activities in line with community standards of acceptable practice in sport;
m) depicts, suggests or promotes containers or shapes (e.g. hypodermic needles and syringes, explosive devices etc) that are predominantly associated with anti-social or dangerous behaviour; or
n) depicts, suggests or promotes the excess consumption of alcohol.
46. The Promoter reserves the right to vet, remove or disqualify Submissions in accordance with these Terms and Conditions at any time, without prior notice and in its sole discretion (including if properly notified that such Submission infringes any third party intellectual property rights). The Promoter will not award prizes to a Submission that does not comply with these Terms & Conditions.
47. Participants consent to the Promoter using their name, suburb of residence, image, entry (including original), Instagram handle and/or voice in the event that they are a winner in any media for an unlimited period of time (subject to applicable laws) without remuneration for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
49. Authourised under permits, NSW LTPS/17/19308.