Virgin Australia Business Flyer
2024 Adelaide Fringe Festival VIP Experience Competition (Promotion) – Conditions of Entry
A. General
1. The terms of this document, information on how to enter this Promotion, mechanics of entry and the Prize/s form part of the terms and conditions for entry into this Promotion (Conditions). Entry into this Promotion is deemed acceptance of these Conditions by each Entrant
2. Entry is open to Virgin Australia Business Flyer members who have:
a. their Virgin Australia Business Flyer account managed by an Assigned Virgin Australia Business Flyer Account Manager; or
b. been directly invited by the Promoter, via email, to enter this Promotion (Entrants).
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 associates with this promotion are not eligible to enter this Promotion.
5. The Promotion commences at 12:01am AEST on 1 December 2023 and ends at 11:59pm AEST on 14 January 2024 (Promotion Period).
B. Entry
6. To enter the Promotion, an Entrant must, during the Promotion Period:
a. opt-in to the Promotion by completing the opt-in contained within the Promotion entry form sent to the Entrant via email (Entry Form). The Entrant must also provide the following information within the Entry Form:
i. Virgin Australia Business Flyer membership number;
ii. Virgin Australia Business Flyer member name;
iii. Virgin Australia Business Flyer account manager name; and
iv. an answer to the question 'Why my business chooses to fly with Virgin Australia Business Flyer.; and
b. book a minimum of 4 x domestic or short haul international flights marketed and operated by Virgin Australia with a VA flight number (excluding fare classes X, Z and G) booked through the VA.com website (ABN must be entered at time of booking), the Virgin Australia Business Flyer booking portal or via the member’s nominated Travel Management Company and fly (all 4 flights) before 11:59pm AEST on 14 January 2024.
7. An Entrant can only enter the Promotion once 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 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 businessflyer@virginaustralia.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.
C. Drawing Winners
12. A random draw will be conducted at 3:00pm (AEST) on 19 January 2024. The first valid entry drawn will win the Prize. 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 order in case an invalid entry or ineligible Entrant is drawn.
13. The winner (Winner) will be notified in writing within two (2) business days of the draw and their name will be published on virginaustralia.com/businessflyer on 20 January 2024.
14. 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.
15. If a Prize is not claimed within 2 weeks of the draw, a redraw will occur. A draw for any unclaimed Prizes may take place on 5 February 2024 at the same time and place as the original draw.
16. A replacement Winner, if any, will be notified in writing within two (2) business days of the draw. The name of any replacement Winner will be published at virginaustralia.com/businessflyer on 6 February 2024.
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 chance and skill plays no part in determining the outcome.
D. Prize
19. There is 1 prize to be won, comprising 2 x return Business Class airfares from any Virgin Australia-serviced port in Australia with Virgin Australia to Adelaide to attend the 2024 Adelaide Fringe Festival VIP Launch Party, airport transfers, 2 x tickets to the 2024 Adelaide Fringe Festival VIP Launch Party and 1 night hotel accommodation at Hotel Indigo Adelaide Markets in a King Premium Room with breakfast (Prize). Flights and transfers are not included if the Winner lives in Adelaide, and if so, the Winner and their travel companion must make their own way to and from the accommodation at their own cost.
20. Total Prize value is $2,500 AUD (including GST). The Prize is awarded “as is” with no warranty or guarantee, either express or implied by the Promoter. The Prize is not substitutable, 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. Additional details regarding the Prize and its inclusions will be shared with the Winner within four weeks of the end of the Promotion Period.
23. The Prize flights are subject to Virgin Australia’s Conditions of Carriage, fare rules and other relevant policies, which are located on the Virgin Australia website at https://www.virginaustralia.com/au/en/about-us/policies/legal/conditions-of-carriage/.
24. The Winner will be provided with a flight voucher that can be used to book two return Business Class flights from the Winner’s closest port serviced by Virgin Australia to Adelaide, Australia within the following dates: (i) the flight arriving into Adelaide must be booked to arrive into Adelaide no more than 7 days before the date of the 2024 Adelaide Fringe Festival VIP Launch Party; and (ii) the flight departing Adelaide must be booked to depart Adelaide no more than 7 days after the date of the 2024 Adelaide Fringe Festival VIP Launch Party.. For clarity, the flights arriving into and departing Adelaide must be booked at the same time and the Winner and their travel companion must travel at the same time (departing from and returning to the same Australian domestic port serviced by the Promoter). Any appliable booking blackout dates will be noted on the flight voucher. The Prize flights will not earn Velocity Points.
25. The Prizes may be subject to additional terms and conditions. You should contact the relevant third-party provider for more information.
26. A Winner is responsible for all other expenses including, but not limited to, spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, 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.
27. 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.
28. Prizes must be taken by the date(s) specified in the Prize. The Prizes will be awarded to the Entrants named in the entry.
E. Contacting the Entrant
29. By entering this Promotion, Entrants agree to be contacted in relation to this Promotion by the Promoter. 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.
30. 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.
F. Intellectual Property
31. 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.
32. 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.
33. 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
34. 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 in regards to any connection with participating in the Promotion or the receipt or use of any Prize.
35. The Winner 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.
36. 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.
37. 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.
38. 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
39. 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.
40. 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.
41. As a condition of accepting the Prize, the Winner must sign any legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.
42. 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.
43. 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, subject to any written direction given under State Regulation.
44. To the extent permitted by law, the Promoter and its associated agencies and companies (and their respective officers, employees and agents) exclude all liability (including negligence) 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).
45. 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.
46. To the extent permitted by law, 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.
47. 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 and Velocity Rewards Pty Ltd) 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.]
48. 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.
49. 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.