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“BULAMAIL” GAME OF CHANCE PROMOTION TERMS AND CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1.    Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any other material that refers to this promotion, these Terms and Conditions will prevail.

2.    Participation in the promotion is only open to individuals who have not previously signed up to BulaMail and who are residents of: (a) Australia, New Zealand, Hong Kong or Pacific Islands (Tonga, Samoa and Vanuatu) able to travel to Fiji by 01 May, 2016 2017 (on exact dates agreed upon by the winning participant and the Promoter) and accept the prize on the terms outlined in these Terms and Conditions, if drawn as a winner; and (b) Fiji, who are able to travel to a destination that is on a Fiji Airways direct flight network by 01 May, 2016 2017 (with the exact destination and the exact travel dates agreed upon by the winning participant and the Promoter) and accept the prize on the terms outlined in these Terms and Conditions, if drawn as a winner. Each winner must have a valid passport with a minimum 6 months validity as at the nominated return flight date to be eligible to take the prize. Any costs associated with obtaining a passport and necessary visa’s are each winner’s responsibility. If agreement on travel dates (and in the case of Fiji winner, the destination) cannot be reached, the Promoter will determine the exact travel dates (and destination in the case of a Fiji winner) at its discretion.

3.    Individuals under 18 years old must have parental/guardian approval to participate and further, the parent/guardian of the individual must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

4.    Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.

5.    Promotion commences on 1 April 2015 2016 and ends at 11.59pm Australian Eastern Daylight Time (“AEDT”) on 31 December 2015 2016 (“Promotional Period”).

6.    To enter, individuals must sign up to BulaMail by completing the following steps during the Promotional Period:

a)    visit www.fijiairways.com/bulamail;
b)    follow the prompts to input the requested details (including but not limited to their full name, telephone number, country of residence, and a valid email address); and then
c)    click on the ‘JOIN NOW’ icon to submit the fully completed entry form.

7.    Incomplete, indecipherable or illegible entries will be deemed invalid. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the participant. Should a participant’s contact details change during the Promotional Period, it is the participant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

8.    Only one (1) entry is permitted per person (i.e. each person can only sign up to BulaMail once).

9.    If a participant uses any form of software or third party application to enter themselves multiple times (including scripting software), organises for a third party to enter on their behalf or enters using incorrect contact details, all of his or her entries will be deemed invalid. If such a participant wins a prize, the participant must immediately return the prize to the Promoter. The Promoter has sole discretion to determine whether a participant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether a participant has breached this clause. Participants must provide whatever documents the Promoter requires upon request.

10.    The Promoter reserves the right, at any time, to verify the validity of entries and participants (including a participant’s identity, age, and place of residence) and reserves the right, in its sole discretion, to disqualify any participant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of 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.

11.    If there is a dispute as to the identity of a participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the participant.

12.    This is a game of chance and skill plays no part in determining the winners. There will be one (1) draw conducted for the entries received each month of the Promotional Period, for a total of nine (9) draws (“Monthly Draws”). Subject to the starting and closing time of the Promotional Period, entries into each Monthly Draw will open on the first day of each month and close on the last day of that month, based on local time in New South Wales, Australia. Each Monthly Draw will take place at the Promoter’s offices, Level 5, 280 Pitt Street, Sydney 2000, NSW, Australia at 11am (NSW local time) on the dates outlined in the table below. Entries in each Monthly Draw will not be entered into any subsequent Monthly Draw(s). The Promoter may draw additional reserve entries in each Monthly Draw, in case of an invalid entry or ineligible participant.

Monthly Draw

 

Draw Date

 

April

15 May 2016

May

15 June 2016

June

15 July 2016

July

14 August 2016

August

15 September 2016

September

15 October 2016

October

16 November 2016

November

15 December 2016

December

15 January 2017

 

13.    The winners will be notified by telephone and email within two (2) business days of the relevant Monthly Draw and published at www.fijiairways.com two (2) weeks after the relevant draw, with the winner from the first Monthly Draw being published from 29 May 2015 and the winner from the last Monthly Draw being published from 29 January 2016.

14.    The Promoter’s decision is final and no correspondence will be entered into.

15.    Odds of winning a prize will depend on the total number of eligible entries received for each respective Monthly Draw.

16.    The first valid entry drawn in each Monthly Draw will each win a prize. The prize that will be won will depend on the winner’s country of residence in each case, as follows:

•    If the winner is a resident of Australia, New Zealand, Hong Kong or Pacific Islands (Tonga, Samoa and Vanuatu) , the prize will consist of two (2) return economy airfares with Fiji Airways from the winner’s nearest international airport that is on the Fiji Airways direct network to Nadi International Airport. For a list of international airports that are on the Fiji Airways direct network, participants can visit www.fijiairways.com. Each winner must make their own way (at their own expense) to and from their nearest international airport that is on the Fiji Airways direct network. If the winner is from Australia, each prize is valued at up to AU$1,000; OR

•    If the winner is from Fiji, the prize will consist of economy airfares for two (2) people from Nadi International Airport to any destination that is on the Fiji Airways direct network (excluding Los Angeles and Hong Kong), valued at up to FJD$5,000 depending on date of departure and destination chosen. The exact destination (“Destination City”) will be determined by the Promoter in agreement with the winner (based on the winner’s preferred travel destination and available budget), but in the event agreement cannot be reached, the Promoter will determine the exact destination of the flight. For the avoidance of doubt, the winner cannot chose Los Angeles or Hong Kong as their Destination City. For a list of destinations that are on the Fiji Airways direct network, participants can visit www.fijiairways.com.  

17.    The prize includes economy flights for two (2) only (as stated above), and does not include any accommodation, spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges or any other ancillary costs. Prize must be taken by 01 May 2016 (on exact dates determined by the Promoter in agreement with the winner) and is subject to booking and flight availability. If agreement regarding travel dates cannot be reached, the Promoter will set the travel dates at its discretion. If a winner wishes to change a booking once it has been made, booking change fees may apply. If the winner cancels a booking, such cancellation may result in their forfeiture of the prize at the Promoter’s absolute discretion. The Promoter reserves the right to change bookings/flights should there be changes in its schedule or unavailability of seats.

18.    During the entire duration of each prize, a nominated parent/guardian must accompany any person under 18 years of age. Each winner (and their companion) are responsible for ensuring that they have valid passports with a minimum 6 months validity as at the time of the return flight, and any requisite visas, vaccinations and travel documentation. Each winner (and their companion) must depart from and return to the same departure point and travel together. Prize is subject to the standard terms and conditions of individual prize and service providers.

19.    All details of the prize-related travel will be determined by Promoter in its sole discretion. Any prize awarded to a winner must be taken within dates provided by the Promoter or the prize will be forfeited. Certain travel restrictions and blackout dates may apply. Each winner and their companion must travel together on the same itinerary, including the same departure date, destination and return date, and failure to do so will result in forfeiture of the prize. Promoter will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return. Promoter is not liable for any expenses incurred as a consequence of flight cancellation/delay. Prize may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel will be at the risk of each winner and their companion. Winners are solely responsible for all expenses and costs associated with acceptance of the prize not specifically stated herein as being awarded, including, without limitation any and all accommodation, taxes and other expenses, costs, or fees associated with the acceptance and/or use of prize, travel insurance, ground transportation (other than as described above), security, taxes (excluding airline and airport taxes), insurance, gasoline, meals, gratuities, and souvenirs. Promoter shall have the right, but not the obligation, to make any deductions and withholdings that Promoter deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. To the extent permitted by law, the Promoter shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the prize due to reasons beyond Promoter’s control, and are not responsible or liable for any expenses incurred as a consequence thereof.

20.    All taxes and expenses not specifically listed herein are the responsibility of winner. Promoter complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.

21.    Each winner (and their companion) consent to the Promoter using their name, likeness, image and/or voice (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. Winners and companions (or their parent/legal guardian if they are under the age of 18 years) must complete 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 signing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (confirming the granting the use of the winner’s name, city/state, likeness, or photograph by Promoter for advertising/publicity purposes, without further compensation) within ten (10) days of successful winner notification, or the prize will be forfeited by that winner. If a winner is at least 18 years of age but still considered a minor in his or her State of residence, the Affidavit of Eligibility/Liability Release and Publicity Release must also be signed by the winner’s parent or legal guardian.

22.    If a winner is under the age of 18 years, the prize will be awarded to the winner's parent or guardian on the winner’s behalf.

23.    If for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be awarded.

24.    Total prize pool value in Australia is up to AU$9,000.

25.    If any prize remains unclaimed by an Australian winner, a further draw will be conducted at the same time and place as the original draws on 15 April 2016, subject to any directions from a regulatory authority. The winners, if any, will be notified by telephone and email within two (2) business days of the draw and their name(s) will be published at www.fijiairways.com from 29 April 2016

26.    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 directions from a regulatory authority.

27.    Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.

28.    If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention, fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or act of terrorism, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) subject to any directions for a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

29.    Caution: any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and should such an attempt be made, the Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.

30.    Any cost associated with accessing the promotional website is the participant’s responsibility and is dependent on the Internet service provider used.

31.    Independent financial advice should be sought as tax implications may arise as a result of accepting a prize.

32.    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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand or any other applicable jurisdiction (“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.

33.    Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or participant; or (f) taking/use of and/or participation in a prize.

34.    The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to related entities, agents, contractors, service providers, prize suppliers and Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at /privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, if a participant consents, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the participant. The Privacy Policy also contains information about how participants may opt out, access, update or correct their PI, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated to the entrant, the Promoter will not disclose Australian participant’s personal information to any entity outside of Australia.

35.    In no event will the released entities be responsible or liable for any death, injury, damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your travel or attempted travel, transportation and transfers, use of hotel facilities, access to and use of the service and/or the promotion, or downloading from and/or printing material downloaded from any websites associates with the promotion, except where such release is prohibited by applicable law. Without limiting the foregoing, this promotion and all prizes are provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions (such as Australia for example) do not allow all limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

36.    The laws of Australia apply to this promotion to the exclusion of any other law. Individuals submit to the exclusive jurisdiction of the courts of Australia. This promotion is void where prohibited by law.

37.    The Promoter is Air Pacific Ltd trading as Fiji Airways (ABN 38 001 962 992) of Level 5, 280 Pitt Street, Sydney 2000, NSW, telephone +61 (02) 9284 6600.

NSW Permit No. LTPS/15/02120 VIC Permit No. 15/578 ACT Permit No. TP15/05195 SA Permit No. T15/466

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