Conditions of Entry
Discovery Holiday Parks 2021 Summer Suitcase Promotion (Promotion)
1. Information on how to enter this Promotion, mechanics of entry and prizes form part of these Conditions of Entry.
2. Entry into this Promotion is deemed acceptance of these Conditions of Entry by each Entrant. Participation in any competition is deemed as acceptance of these Terms and Conditions.
3. The Promoter is Discovery Holiday Parks Pty Limited (ACN 111 782 846) of Level 7, 60 Light Square, Adelaide, 5000. Telephone number: 1300 061 811.
4. The Promoter’s website asset is discoveryholidayparks.com.au.
5. The directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate are not eligible to enter this Promotion.
6. The Promotion commences 1 November 2021 from 08:00am ACST and ends on 28 February 2022 at 11:59pm ACST (Promotion Period).
7. This is a game of chance and skill plays no part in determining the outcome.
8. Entry is open to permanent residents of Australia aged eighteen years or over (Entrant) who during the Promotion Period:
a. complete a booking to stay in a cabin at a participating Discovery Holiday Park (Participating Park) through the Promoter’s website asset; and
b. accepts these Terms and Conditions at the time of booking; and
c. stay at the Participating Park for the full period as booked.
(together the Entry Criteria).
9. Subject to expressly opting out, Entrants will be entered when they meet the Entry Criteria during the Promotion Period.
10. If a booking is cancelled or refunded at any time, then the corresponding entry or entries will be deemed invalid.
11. Entrants will receive one entry per booking made during the Promotion Period and.
12. All entries:
a. must include a valid first name, last name, email address and phone number;
b. will be deemed accepted at the time of receipt of payment by the Promoter and not at the time of transmission by the Entrant.
13. Any dispute as to whether an entry has been received will be determined by the Promoter and the Promoter’s decision will be final in this respect. Incomprehensible and incomplete entries will be deemed invalid.
14. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, 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.
15. Entrants who are entered in the Promotion but no longer wish to participate, may email email@example.com to be removed from the Promotion.
16. 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 must be directed to the Promoter by email at firstname.lastname@example.org.
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. The Promoter reserves the right to request that the Winner provides proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim the 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.
C. Determining Winners
19. Prior to commencement of the Promotion the Promoter will randomly allocate all Prizes to cabins at Participating Parks (Winning Cabins).
20. Each Winning Cabin will contain one (1) suitcase containing a prize notification with a unique reference number (Prize Number).
21. To claim the relevant prize, the Entrant must contact the Promoter using the details set out in the prize notification, and must include:
a. a photograph of the Entrant with the suitcase in or adjacent to the Winning Cabin; and
b. the unique Prize Number; and
c. the Entrant’s contact details; and
d. the Entrant’s booking reference number.
22. Entrants making a valid claim (Winner) will be contacted via telephone, post or email using the contact details submitted with their entries by the Promoter within 2 business days after submitting a valid claim.
23. The Winner/s will be announced on the Discovery Holiday Parks Facebook page (https://www.facebook.com/discoveryparks/) and the Discovery Holiday Parks website (https://www.discoveryholidayparks.com.au/) within 7 days of the draw, and without limitation, the Winner/s may also be published via the websites, other social media accounts managed or operated by the Promoter.
24. If the Promoter determines that an Entrant:
a. stays in a Winning Cabin, but does not claim a prize within 14 days of completion of the stay; or
b. becomes ineligible to receive a Prize for any reason,
c. will be automatically forfeited by the Entrant; and
d. may be reallocated by the Promoter to another cabin during the Promotion period.
25. If for any reason whatsoever a Winner does not take an element of a Prize at the time stipulated by the Promoter, then that element of the Prize will be forfeited by the Winner.
26. All decisions of the Promoter are final, and no discussions or correspondence will be entered into.
27. There are 14 prizes to be won by 14 individual Winners.
28. The total prize value is fifteen thousand dollars ($70,000), consisting of:
a. three (3) prizes of five thousand dollars ($5,000) located in three Winning Cabins in each of SA and NSW; and
b. two (2) prizes of five thousand dollars ($5,000) located in two Winning Cabins in each of QLD, WA and VIC; and
c. one (1) prize of five thousand dollars ($5,000) located in one Winning Cabin in each of TAS and NT.
29. The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
30. Prizes cannot be transferred.
31. The Winner is advised that tax implications may arise from their Prize winning and they should seek independent financial advice prior to acceptance of their Prize.
32. The Promoter and the Prize Sponsor are not responsible, nor are they liable, for any damage or delay in the delivery of a Prize to a Winner.
33. If a Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to any directions given under State regulation.
34. It is a condition of accepting the Prize that the Winner agrees to abide by these Terms and Conditions.
35. It is a condition of accepting the Prize that the Winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
36. Cash prizes will be paid at the Promoter’s sole election by direct electronic transfer to a bank account nominated by the Winner.
37. The Winner is solely responsible for providing the Promoter with correct details for any payment.
F. Intellectual Property
38. By accepting a prize, a Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed. Winners will not be entitled to any fee for participating in these activities.
39. The Promoter may require a Winner to participate in promotional activity during or after the Promotion has ended. In consideration for the Promoter awarding the Prize to the 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.
40. 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 the Winner, an Entrant, [their employer] and/or another party in connection with participating in the Promotion or the receipt or use of any prize.
41. Entrants, the Winner and/or any other party will be required to pay any taxes and other accommodation, transport or airport related charges (including any applicable GST on those taxes and charges) which may be incurred in connection with participating in the Promotion or due on receipt or use of a prize.
42. 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.
43. 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.
44. 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 a Winner and/or a 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.
45. 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) 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; and (iv) acceptance and/or use of any prize (including but not limited to any component of a Winner’s booking).
47. By entering this Promotion, each Entrant hereby consents to the use of their personal information for:
a. the Promoter to administer the Promotion and identify the Winners;
b. future marketing and promotional purposes of the Promoter, and its agents, contractors, service providers and prize suppliers without notice and without any fee being paid;
c. disclosure to State and Territory lottery departments; and
d. publication to the extent required under the relevant lottery legislation.
48. If an Entrant no longer consents to their details being used for future marketing purposes, the Entrant can contact the Promoter on the details set out below.
49. The Promotion is governed by Permit Numbers:
a. SA Permit No. T21/1572
b. NSW Permit No. TP-01366