Terms and conditions October - April 2023

Game of Chance

Middle Seat Lottery 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 Velocity members who are: (1) Australian residents; (2) aged 18 years or over; (3) Virgin Australia guests, that have flown on an Eligible Flight (“Entrants”). An Eligible Flight is a domestic Virgin Australia-operated flight where the Entrant was seated in a middle seat as reflected on their boarding pass and in Virgin Australia’s internal systems. 

3.    The Promoter is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 275 Grey St, South Brisbane QLD 4101.

4.        The directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate and agencies associated with this Promotion are not eligible to enter this Promotion. Entrants travelling on Virgin Australia Staff Travel are not eligible to enter this Promotion.

5.  The Promotion commences at 12:00 am AEST on 24 October 2022 and ends at 11:59 pm AEST on 23 April 2023 (Promotion Period).

B. Entry

6.         To enter the Promotion, Entrants must, during the Promotion Period and within 48 hours after the scheduled departure time of their Eligible Flight: 

(i) have downloaded the Virgin Australia app and navigate to the Middle Seat Lottery tile within the Virgin Australia app; 

(ii) select an Eligible Flight or retrieve the booking for their Eligible Flight using their Booking Reference and Surname;

(iii) select an Eligible Flight as shown in the Virgin Australia app;

(iv) select their name from the Eligible Flight booking, input their contact details and their valid Velocity membership number (if not pre-filled), agree to the competition terms and conditions, and submit their entry.

An Entrant will receive an Entry to the Relevant Draw Period based on the scheduled departure date of their Eligible Flight. For example, if the Entrant’s Eligible Flight was on 19 March 2023, they would be entered into Relevant Draw Period 21. 

7. There is a limit of one entry per Entrant for each Eligible Flight that the Entrant takes during 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 info@velocityfrequentflyer.com and you will be removed from the Promotion.

10.        Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary. 

11.  The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.  

12.  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.    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. 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. Drawing Winners

15.  Winners will be drawn from the pool of Entrants for each calendar week (the “Relevant Draw Period”) of the Promotion Period on the Prize Draw Date for the Relevant Draw Period. The draw will be conducted on each of the Prize Draw Dates at 11:00am AEST at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina, NSW 2250.

Relevant Draw Period Number Relevant Draw Period Prize Draw Date Notification date Publish Date

 

16. All decisions of the Promoter are final, and no discussions or correspondence will be entered into by the Promoter. The Promoter may draw additional reserve entries and record them in case an invalid entry or ineligible Entrant is drawn.

17.     The winner or winners (a Winner) will be notified in writing on or before the Notification Date set out in clause 15. The Winner’s name will be published by the Publish Date for the Relevant Draw Period (set out in clause 15) on https://www.virginaustralia.com/au/en/book/middle-seat-lottery/. 

.18.       If a prize is not claimed within 3 months of the draw, a redraw will occur. A draw for any unclaimed prizes may take place on the Prize Redraw Date as set out for each Relevant Draw Number in clause 22. A redraw will take place at the same time and place as the original draw, subject to any directions from a regulatory authority. 

19.       A redrawn Winner, if any, will be notified in writing within two (2) business days of the draw. The name of any re-draw Winner will be published by the Redraw Winner Publish Date for the Relevant Draw Period (set out in clause 22) on  https://www.virginaustralia.com/au/en/book/middle-seat-lottery/. 

.20.       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. 

21. This is a game of chance and skill plays no part in determining the outcome.

D. Prize

22.  There is one prize to be won for each Relevant Draw Period, with a total of 26 prizes to be won for the Promotion Period. The first valid entry drawn in each Relevant Draw Period will win the prizes set out below.

 

23.      Total prize value is $237,132 AUD (including GST).  The prizes are not exchangeable, transferrable and cannot be taken as cash. 

24.        If any prize (or part of any 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, subject to any written directions from a regulatory authority.

25. If a Winner’s prize includes a companion, any companion must be aged 18 years of age or over. 

26.     Any Velocity Points provided as a prize will be credited to the relevant prize winner’s account within 45 days of the winner accepting their prize.

27. Use of Velocity Points is subject to the Velocity Members Terms and Conditions, which are located on the Velocity Frequent Flyer website at: https://www.velocityfrequentflyer.com/content/TermsConditions/. Velocity Points redemption is subject to any terms and conditions of relevant partners or in accordance with the Velocity Rewards Store or Velocity e-Store.

28.       The first valid entry drawn for Relevant Draw Period Number 2 and 9 will individually win 1,000,000 Velocity Points which may be redeemed for goods and services with a maximum value of $30,516.41AUD. Velocity Points will be allocated to the Velocity Member’s Account only. Value is based on a sample of the Velocity Frequent Flyer Points options that could be obtained by redeeming the prize through the Velocity Frequent Flyer Points program at the time of this Promotion (as more fully defined in the terms and conditions of the Velocity Frequent Flyer Points program which can be viewed at velocityfrequentflyer.com. The estimate of value is provided for the purposes of licensing this promotion only – the value of the Velocity Frequent Flyer Points will vary depending on how and when they are redeemed by the winners through the Velocity Frequent Flyer Points program.

29.      Flights are subject to Virgin Australia’s Conditions of Carriage and other terms and conditions which are located on the Virgin Australia website at www.virginaustralia.com. 

30. To redeem the flight prizes, each prize winner will be given further instructions on how to redeem the Prize Certificate via email upon being notified they are a winner.

31. Flight prizes are subject to booking, flight availability and any relevant blackout periods.

32.  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.

33.  The Prize flights will not earn Velocity Points.

34. Prize flights, or prizes that include flights, will only be operated by Virgin Australia within Australia from domestic ports serviced by Virgin Australia. Winners are responsible for any costs associated with travelling to the winner’s closest port serviced by Virgin Australia. 

35. Virgin Australia Lounge Memberships are subject to the Lounge Terms and Conditions and Lounge Rules.

36.      Prizes are provided by third party service providers and may be subject to additional terms and conditions of the third party. You are responsible for complying with the third party’s terms and conditions while redeeming and using the prize and should contact the third party for more information. 

37.    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.

38.       A Winner is responsible for all other expenses including accommodation, 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. 

39.  Prizes must be redeemed by the winner within 12 months of the date that the prize is provided to the winner (unless otherwise specified). Prizes are subject to booking and flight availability. Blackout periods may apply.

40.        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. 

41. The prize will be awarded to the Entrant named in the entry.

E. Contacting the Entrant

42.     By entering this Promotion, Entrants agree to be contacted in relation to this Promotion by the Promoter or Velocity Frequent Flyer. 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.

43.       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.  Subject to the unclaimed prize draw clause, if for any reason a Winner does not take or redeem a 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. 

45.       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

46.      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. 

47.        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, 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.

48.       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

49.     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, or another party in regards to any connection with participating in the Promotion or the receipt or use of any prize. 

50.        Entrants, the Winner or another party 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.

51.      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.

52.        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.

53.        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.

54.       The Promoter, its agents and associate 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

55.        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. 

56.     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. 

57.    As a condition of accepting the prize, the Winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 

58.      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, subject to any written directions given under State Regulation. 

59.        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 outage or any causes beyond the control of the Promoter, which do not allow entry into the Promotion or 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 or cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written direction given under State Regulation. 

60.       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 and 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).   

61.       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.

62.        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.

63. The Promoter is collecting your personal information for the purpose of conducting the Promotion, including providing any prize to you. If the Promoter cannot 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, Velocity) and third parties who provide (or help the Promoter provide) products and services. 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.

64. If you select the option to join the Velocity Frequent Flyer Program at the time you submit your competition entry, your personal information may be collected by Velocity Frequent Flyer or by the Promoter who will disclose it to Velocity, for the purpose of processing your membership application. Your personal information will be handled by Velocity in accordance with the Privacy Statement – Velocity Membership Join. The processing of your membership application is subject to the Velocity Membership Terms and Conditions. If the Promoter and Velocity cannot collect your personal information, we will not be able to process your membership application or your competition entry. 

65.      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.  

66.    Entrant’s personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.

67        Authorised under NSW Authority No.: TP/ 01843. Permit No’s: ACT TP22/ 00791 & SA T22/ 613.