Discovery Parks Terms of Website Use
Last updated December 2020
1. Purpose of this website
Thank you for visiting our website. This website is provided to assist you with gathering information, determining the availability of accommodation, making bookings, placing orders and transacting with Discovery Holiday Parks Pty Limited.
2. Operator of this website
In these terms and conditions, a reference to:
- ‘park’ means the relevant holiday park owned or operated by or on behalf of us by which we provide accommodation and related services to you listed at www.discoveryholidayparks.com.au.
- ‘we’, ‘our’ or ‘us’ means Discovery Holiday Parks Pty Limited ACN 111 782 846 which is the operator of this website.
- ‘you’ or ‘your’ is referring to the person using this website.
- ‘your party’ means any person who accesses our park in connection with your accommodation booking, including any family, children, friends or other people visiting the park at your invitation.
- ‘Booking Credit Certificate’ means a Discovery Holiday Parks booking credit issued by us to you in accordance with these terms and conditions.
- ‘Remaining Value’ means at any time, that portion of a Booking Credit Certificate which has not yet been redeemed.
3. Agreement to terms and conditions
3.1 By using this website, including by making a booking or placing an order, you agree to be bound by these terms and conditions (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on our website) as amended from time to time. We may amend these terms and conditions from time to time. If we do, the amended terms and conditions will be posted on our website.
4. Information we provide
4.1 Whilst we take care to confirm that the information on our website is correct, current and free from errors, we do not warrant the accuracy or completeness of, or any representations made in information on our website, any web site that links from our website, or any information received as a result of using our website.
5. Information you provide
5.2 We may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain sections of our websites or to perform certain actions on our websites (“passwords”). You are entirely responsible for maintaining the confidentiality of your passwords and for all activities that occur using these passwords. We reserve the right to immediately suspend or terminate your account in our sole discretion and without prior notice to you if we believe your password(s) have been compromised, or if you breach any part of these terms and conditions.
6. Terms and Conditions applying to G'day Rewards Membership
6.1 If you offer to purchase a G’day Rewards Membership program through this website, then such offer is made on the basis that you acknowledge and agree to the terms and conditions for the G’day Rewards Membership Program. A copy of those terms and conditions is available at: https://www.gdayrewards.com.au/terms.
7. Copyright, trademark notice and prohibited activities
7.1 The content and information on this website (including, without limitation, the software, design, layout, text, graphics and price and availability information relating to accommodation and services):
• is proprietary to us or our related entities;
• includes registered trademarks and trademarks which are protected by law; and
• contains content protected by copyright under the laws of Australia and other countries.
7.2 You agree not to do any of the following:
• use another person's name, G’day Rewards Membership, identification or password without permission nor use this website while impersonating another person;
• use this website, its contents or information for any commercial purpose;
• modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from and content or information on this website;
• transfer, sell or re-sell any accommodation or services obtained from this website;
• use any device or software to interfere or attempt to interfere with the proper working of this website;
• copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this website including, without limitation, text, graphics, downloads and software;
• access, monitor or copy any content or information on this website using any robot, program, algorithm or other automated means;
• post or transmit any unlawful, threatening, defamatory, obscene or indecent material on or through this website; or
• "frame", "mirror" or otherwise incorporate any part of this website into any other website.
7.3 We may, in our discretion, deny anyone access to this website at any time and for any reason including, but not limited to, for violation of these terms and conditions.
8. Bookings and orders
8.1 The information provided on this website in relation to the provision of accommodation or other services by us constitutes an invitation to treat and is not capable of acceptance by you. Any booking you make, or order you place, constitutes an offer made by you to purchase the relevant accommodation or service subject to these terms and conditions. A contract in relation to your offer is formed once we process your payment.
8.2 You acknowledge that any reservations made through agents or other third parties may be subject to separate terms and policies and you are solely responsible to check and accept those terms and policies.
9. Tariffs and Payments
9.1 The rates displayed on our website (‘tariff’) are based on the number and type of guests for the specified time and duration. Any changes to those items may result in an increase to the tariff and you agree to pay any increase at the time of change.
9.2 The tariff quoted is in Australian dollars and current at the time of booking and is inclusive of GST (unless expressly stated otherwise). The tariff only becomes firm upon your payment in full for the specified time and duration.
9.3 Unless expressly stated otherwise, only one promotional or membership offer can be redeemed on any booking.
9.4 Promotional code, voucher or membership discounts must be redeemed at the time of booking. Discounts will not be applied or refunded after a booking has been confirmed. All third party coupons, vouchers, promotional codes are issued subject to the terms and conditions specified by those third parties.
9.5 Any amount in connection with your booking which is outstanding at the time of check-in must be paid at check-in unless alternative arrangements have been agreed with park management prior to arrival. Any additional charges incurred after check-in must be paid in full at the time they are incurred.
9.6 If you pay by MasterCard or Visa credit or debit card, Amex, Diners or Union Pay, we will charge a card surcharge of 1.00% of the total transaction value (excludes EFTPOS transactions). The surcharge amount will be displayed at the point of booking before you proceed to payment. We reserve the right to vary the surcharge in accordance with the applicable costs and merchandise fees in accepting a credit card payment at any time without prior notice.
10.1 Unless the park has communicated stricter cancellation conditions (for example during that park’s peak season) in your booking confirmation, or the website on which you have made your booking has advised you of stricter cancellation conditions, you agree that the cancellation conditions set out in these terms and conditions apply.
10.2 Single booking cancellations: Where your booking relates to only one on-site accommodation service, and that booking is cancelled:
10.2.1 14 days or more prior to the arrival date stated in the booking, you will be refunded the amount equal to the tariff you have paid less the same tariff for one night’s accommodation; or
10.2.2 less than 14 days prior to arrival, you will be refunded an amount equal to the tariff you have paid less 25% of the total tariff applicable to your booking or the tariff for one night's accommodation, whichever is greater.
10.3 Group booking cancellations: Where the booking is a group booking which relates to two or more on-site accommodation services, and that booking is cancelled:
10.3.1 30 days or more prior to the arrival date, then you will be refunded an amount equal to the tariff you have paid less the same tariff for one night's accommodation; or
10.3.2 less than 30 days prior to arrival, then you will be refunded an amount equal to the tariff you have paid less 25% of the total tariff applicable to your booking or the tariff for one night's accommodation, whichever is greater.
10.4 You may request a booking be changed however any request will be subject to availability, the tariff may change depending on the new booking period and administrative fee may also apply to make the change.
11. Booking Credits
11.1 As an alternative to cancelling a booking you may request us or we may offer to amend a booking and issue you with a Booking Credit to the value of your existing booking to use at one of our parks for up to 12 months. If you make a request we may, but are not obliged to, issue you with a Booking Credit.
11.2 Acceptance and redemption of a Booking Credit is subject to these Terms and Conditions.
11.3 A Booking Credit:
11.3.1 is only redeemable for accommodation at our parks, and is not redeemable for cash, meals, sightseeing or any other products or services;
11.3.2 is not transferrable and must be presented at the time of check-in;
11.3.3 may be used in part or in full, and any Remaining Value can be used towards subsequent purchases of accommodation at our parks;
11.3.4 is valid only for a period of 12 months from the date of issue (expiry date) and if not used prior to the expiry date will be void, of no value and any unused value will not be refunded.
11.4 You are responsible for informing us of the correct email address for delivery of any Booking Credit confirmation. We are not liable for any amount in relation to any Booking Credit that are lost or undelivered via electronic means.
12. Early Departures and No Shows
12.1 No refunds are given for unused portions of your booking, including no-shows and early departures or cancellations where you or your party has arrived at the park. A no-show is when you do not check-in on the day of your booking.
12.2 We reserve the right to refuse entry into the park for any reason we so determine in our discretion (including for our own purposes). A full refund will be issued if this occurs unless our refusal is a result of your breach of these terms and conditions.
USE OF OUR PARKS
13. Your Party
13.1 You must ensure at all times that your party complies with these terms and conditions. You agree that any breach of these terms and conditions by your party will constitute a breach by you.
14. Check-in and check-out
14.1 You and your party must report to reception and sign in on arrival.
14.2 When you check-in, you may be asked to provide photographic identification. We may refuse to process your check-in or refuse you entry to the park until you provide identification to our satisfaction.
14.3 A 2pm check-in and 10am check-out applies to all bookings unless alternative arrangements have been agreed with park management in writing prior to arrival. If you do not depart before check-out time you agree that we may charge you for an additional day at the prevailing tariff applicable to your accommodation for each day (or part thereof) until you depart.
14.4 You must return any keys and security cards at the time of your departure and agree that we may charge you for the replacement costs of any keys or cards you lose or fail to return to us.
14.5 Rooms or cabins left in an unsatisfactory state (as determined by us) will incur a cleaning charge of five hundred dollars ($500).
14.6 You agree that regardless of your length of stay there is no tenancy or other proprietary rights created in your favour under any laws. We grant you a licence to stay in or use the facilities in our park and we reserve the right to terminate the licence at any time.
15. Right of removal
15.1 If during your stay, you or your party fails to comply with these terms and conditions, then in addition to any other right we may have, we may immediately terminate your accommodation and evict you and your party without liability to you. You agree that in these circumstances we are not required to refund any amount in relation to your booking or any other goods or services you have purchased from us.
16. Park rules, guidelines and safety instructions
16.1 You and your party must at all times:16.1.1 obey all park rules, guidelines and signage and reasonable requests from park staff;
16.1.2 abide by the signed speed restrictions in the park;
16.1.3 take care for your own safety and the safety of others; and
16.1.4 safely and securely stow your possessions.
16.2 Any monies or other valuables, goods or vehicles that belong to you, brought in or on to the park (including any car park facilities) remain your responsibility and we are not responsible for their safekeeping.
16.3 You must ensure that persons under 18 years of age (minors) in your party are accompanied and supervised by a parent or guardian at all times whilst at the park. You acknowledge that there will be third parties present in the park during your stay and that we are not responsible for the acts or behaviour of those parties. It is your responsibility to ensure the personal safety, welfare and protection of all minors in your party at all times during their stay at the park.
16.4 You are not permitted to bring animals with you to the park except where:
16.4.1 the animal is a dog; and
16.4.2 we identify the park as a dog friendly park; and
16.4.3 you agree to the dog guidelines and conditions and complete and sign the dog owner declaration prior to entry to the park.
16.5 A copy of the dog guidelines and conditions and dog owner declaration is available at each park or by clicking the link below.
16.6 Smoking is not permitted in or around any park facilities (including cabins/rooms and any amenities, playgrounds, jumping pillows, games rooms, cafés or aquatic areas). If we consider that you or your party has smoked in a cabin/room, you will incur a $500 cleaning fee.
16.7 You and your party must respect the comfort of others staying in park at all times. Any unruly behaviour, excessive noise, drunkenness, bad and/or offensive language will not be tolerated and may result in you and your party being evicted from the park without refund. Quiet time in the park is after 10pm every day, and we may require you to refrain from any behaviour we consider may be disruptive to other guests of the park.
16.8 In order to ensure the comfort of others staying at a park, only one vehicle is permitted per booking.
16.9 In accordance with applicable legislation, we reserve the right to protect our lawful interests and deter security incidents such as theft, vandalism, unruly behaviour and violence. We may operate, or appoint third parties to operate on our behalf, CCTV cameras in the park, which if operated will be visible.
16.10 All recreational activities (including without limitation any swimming and water sports) are undertaken solely at the risk of the participant. You are responsible for supervising and ensuring the safety of any minors undertaking recreational activities.
16.11 If we provide safety equipment in relation to undertaking recreational activities at the park you and your party must it when undertaking the recreational activity.
16.12 Helmets must be worn at all times when using bicycles, skateboards, scooters or any other wheeled toy.
1.1 Your purchase of any accommodation or other goods or services may be subject to certain laws, including statutory warranties under the Australian Consumer Law. Nothing in these terms and conditions is intended to exclude or restrict the application of such laws but we do not give any guarantee or warranties or make any representation of any kind, express or implied outside of those laws.
1.2 Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by us are excluded.
1.3 Specifically, but without limitation, to the full extent permitted by law:
1.3.1 We make no warranty as to the suitability or safety of any of our parks, the park facilities or any recreational activities which may be undertaken at our parks.
1.3.2 You agree to take full responsibility for, and fully ensure the safety of, all minors in your party at all times while they are in our park.
1.3.3 We do not make any representation about the suitability of the accommodation or services contained on our website and the inclusion or offering of any accommodation or services on our website does not constitute any endorsement or recommendation of such accommodation or services by us;
1.3.4 We are not liable for disruptions to our website (howsoever arising) and do not guarantee the accuracy of any information on our website, and you acknowledge that it may include inaccuracies or errors, including pricing errors;
1.3.5 We do not warrant that this website or any email sent by us are free of viruses or other harmful components. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of our website.
1.3.6 We are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of our website, including without limitation use of any service provided or booked through or in connection with our website.
1.3.7 You agree to release us, indemnify and hold us harmless against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damage for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the relevant park for any reason except to the extent caused by our negligence.
1.3.8 If any warranties relating to goods or services obtained from this website are implied by us at law and cannot be excluded by us, then to the maximum extent permitted by law our liability to you is limited to:
a. in the case of goods supplied to you by us, the repair or replacement of the relevant goods; and
b. in the case of services supplied to you by us, the supply of the relevant services again, or the payment of the cost of resupplying the services.
18.1 No failure under these terms and conditions to exercise nor any delay in exercising any right, power or remedy by us operates as a waiver and any waiver will be not valid or binding on us unless we make it in writing.
18.3 South Australian law governs these terms and conditions and you agree to submit to the exclusive jurisdiction of South Australian courts in respect of any dispute regarding these terms and conditions.
18.4 Any queries or disputes arising in connection with a booking or any matter in connection with these terms and conditions is to be directed to Discovery Parks on 08 8219 3000 or in writing at Discovery Parks, Level 7, 60 Light Square, Adelaide SA 5000 or via email at email@example.com.
OTHER TERMS AND CONDITIONS
20. Dog Guidelines & Conditions
Dog Guidelines & Conditions
Thank you for choosing to stay at Discovery Holiday Parks. We welcome all members of your family, including your four-legged loved ones. Like our family members, we want to keep them safe at all times. Set out below are our Guidelines & Conditions to ensure the safety, comfort and well-being of all guests in our park. These guidelines also help to ensure you and your ‘Fur children’ enjoy your time away. Please note that additional conditions may also apply on an individual park basis.
The following Guidelines & Conditions apply to guests staying in a Dog-friendly park:
20.1 One (1) dog per accommodation booking; a second dog may be permitted with the approval of Park Management. No more than two (2) dogs permitted per accommodation booking.
20.2 Service Dogs are always welcome.
20.3 Your dog(s) must be supervised at all times whilst in the park.
20.4 Just like children, your dog(s) must not be left unattended in any area of the park. This includes being left inside cabins, tents or vans on their own.
20.5 Your dog(s) must remain on a lead at all times within the park unless otherwise indicated in dog-friendly fenced off areas.
20.6 As the owner of your dog(s), you acknowledge and agree that you are personally responsible for any and all personal injuries and/or property damage in relation to any actions caused by your dog(s).
20.7 Your dog(s) are not permitted in any food preparation or children’s play areas of the park. This restriction extends to cafes, camp kitchens and outdoor eating areas, aquatic play areas, playgrounds, jumping pillows and any other restricted area designated by the park.
20.8 You must pick up and dispose of your dog’s waste in bins provided.
20.9 Your dog’s personal bedding may not be washed in the guest washing machines. Some parks may have a designated washing machine for dog bedding – please enquire at reception.
20.10 Please ensure that your dog(s) is registered, microchipped and has been fully vaccinated (all flea, tick, & worming vaccinations up to date) before you bring them to the park.
20.11 You acknowledge that you may be asked to leave the park and forfeit any payments if you fail to comply with these guidelines.
Additional requirements for a dog staying in one of our Dog-friendly Cabins:
20.12 The nightly rate to have your dog stay with us is $15 per dog per night.
20.13 For your convenience we have supplied a food and water bowl for your dog(s). We ask that our accommodation crockery is not used to feed your dog(s).
20.14 When staying in our accommodation, your dog(s) may sleep inside at night on their own bedding if this is what they do at home.
20.15 We ask that your dog(s) stays out of bedrooms and off all accommodation furniture.
20.16 A cleaning fee of up to $500 may be applied if the above guidelines are not followed.
21. Discovery Parks Voucher Terms & Conditions
21.1 In these terms:
21.1.1 “DP” means Discovery Parks Pty Ltd, ABN 50 111 782 846;
21.1.2 “Gift Voucher”, " means DP gift voucher that you have purchased or received;
21.1.3 “Promotional Voucher” means a promotional voucher that DP has donated or given away as a prize or compensation that you have received or accepted;
21.1.4 “Purchaser” means the person who purchases a Gift Voucher;
21.1.5 “Recipient” means the person so named on the voucher;
21.1.6 “Remaining Gift Voucher Value” means at any time, that portion of the initial value of the Gift Voucher which is unspent and can be accessed by using the Gift Voucher in accordance with these Terms and Conditions; and
21.1.7 “Voucher” means Gift Voucher or Promotional Voucher.
21.2 By purchasing, accepting, redeeming or attempting to redeem a Voucher, you accept and agree to be bound by these Terms and Conditions.
21.3 Vouchers may be purchased or donated for any whole dollar denomination, with a minimum of $50 (AUD) and a maximum of $500 (AUD). The value of a Voucher cannot be changed after purchase or donation.
21.4 Vouchers are redeemable at DP locations, which may change from time to time and an up-to-date list of the parks is available at www.discoveryholidayparks.com.au. The Voucher can only be used to purchase accommodation and may not be used for meals, sightseeing or any other arrangements. Accommodation is subject to availability at the time of booking. An early booking is therefore recommended. Once the Voucher has been used by the Recipient to make a reservation at DP the accommodation Terms and Conditions will also apply. To view the accommodation Terms and Conditions please visit www.discoveryholidayparks.com.au/terms.
21.5 Promotional Vouchers may have restricted use at specific DP locations and subject to block out periods over school holidays, public holidays, long weekends and local special events. See specific terms and conditions listed on each Promotional Voucher for restrictions.
21.6 Vouchers are not transferrable and must be presented at the time of check-in by the Recipient. If a purchase exceeds the Remaining Voucher Value, the Recipient must contribute the difference in value.
21.7 Gift Vouchers may be used in part or in full, and any Remaining Gift Voucher Value can be used towards subsequent purchases. A printed statement of Remaining Gift Voucher Value may be requested by the Recipient to present at their next check-in.
21.8 Promotional Vouchers must be used in a single booking transaction. Any remaining value after the single transaction has been made will be void and of no value. Any unused value will not be refunded.
21.9 Vouchers may not be redeemed or exchanged for cash. If a Voucher is lost, stolen or destroyed, it cannot be replaced or refunded.
21.10 Vouchers must be redeemed prior to the expiry date listed on the Voucher. Any Voucher not used prior to the expiry date will be void and of no value. Any unused value will not be refunded.
21.11 The Purchaser of any Gift Voucher is responsible for informing DP of the correct email address for delivery of the Gift Voucher. DP is not liable for any Vouchers that are lost or undelivered via email.
21.12 In the event of a query or a dispute in relation to a Voucher or any accommodation purchased with a Voucher, contact DHP on 08 8219 3000 or in writing at Discovery Parks, Level 7, 60 Light Square, Adelaide SA 5000 or via email at firstname.lastname@example.org.
21.13 DP reserves the right to change any terms contained in these Terms and Conditions at any time without notice.
22. Special Offers & Discounts
22.1 Special Offers are only available for purchase during advertised validity dates. Any posted rates are on a first-come, first served basis and may change after posting according to availability.
22.2 Special Offers do not apply to pre-existing bookings.
22.3 Unless expressly stated otherwise, all prices are quoted based on 2 adults. Additional guests will be charged at extra costs.
22.4 Special Offers are subject to change without prior notice.
23. Facebook & Instagram Competitions
Organizer Discovery Parks
Minimum Age 13
How will winners will be chosen Submission round, Judging round, Prize Claiming round
Prizes As detailed in the facebook post
Number of entries per person One entry
Contest requirements are detailed in the original post. Entry to the competition is via the Discovery Parks Page on which the contest is originally posted. Entries via a different Discovery Parks page which may have shared the contest are not valid.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
In these Official Contest Rules ("Rules"), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.
"Contest" means the contest, game, sweepstake, promotion, marketing activity or other event specified in the Contest Summary;
"Contest Facilitators" means, collectively, the Organizer and any sponsors arranged by the Organizer.
"Contest Requirements" means the guidelines and criteria that entrants must abide by to be eligible for the Contest;
"Contest Site" means a subdomain of the Site, a domain or website of the Organizer, a Facebook page administered by the Organizer, or, if applicable, an application within Facebook;
"Contest Summary" means requirements of entry outlined in the first Facebook post relating to the Contest or, if applicable, detailed on the Contest summary page, for a particular contest, which specifies certain information for that Contest;
"Organizer" means the organization that organizes and sponsors a Contest, as specified in the Contest Summary;
"Prize" or "Prizes" means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary;
"Region" means the region(s) selected in which the Contest is held as specified in the Contest Summary;
Eligibility: The Contest is FREE to enter and open to all individuals who are legal residents of the Region(s) specified, and have reached the Minimum Age (as specified in the Contest Summary) at the time of their Entry (as defined below) ("you" or "Contestant"). It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of the Contest Facilitators as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the Region(s) specified, and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations.
Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. The Organizer is responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered. CONTESTS are void where prohibited by law.
Contest Period: The Contest opens on the date and time specified in the Contest Summary, and ends on the date and time specified in the Contest Summary (the "Contest Period"). All times are in Australian Central time.
How to Enter: Entrants to the contest must 'Like' the page on which the competition is posted as well as following the rules of the contest as outlined in the original post such as, but not limited to, liking or commenting on the post. You must submit an entry that fulfils the Contest Requirements ("Contest Requirements"), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries.
The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.
Terms of Submission: You may enter the Contest as many times as is specified in the Contest Summary. You may delete your Entry at any time. By participating in the Contest you permit public voting in connection with your Entry.
Rights Granted by you: By entering this Contest, you agree that:
the Administrator, and their respective licensees, successors and assigns will have the right to use all or a part of your Entry, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices and images of all persons appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you; and
you agree that you will not now nor in the future be paid for your Entry or for granting any of the rights set out in these Rules.
Your Representations and Warranties: By entering the Contest, you represent and warrant that:
your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission;
your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules;
all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:
given you their written consent to submit the Entry without claims for payment of any kind; and
provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators.
Prizes: The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependant upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.
Winner(s): The winner(s) ("Winner(s)") of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you on the Registration Form. If you do not respond to the phone or email notification of your selection as a Winner within thirty (30) days, an alternate Winner will be selected to receive the Prize. All decisions of the Organizer in selecting the Winner (s) are final and binding on all Entrants in all matters relating to the Contest.
To Redeem Prize: A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or if the Prize is returned as undeliverable, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner's agreement and consent that the Contest Facilitators may use the Winner's name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.
Voting: Online voting, where applicable, begins and ends as stated in the Contest Summary (the "Voting Period"). Anyone who registers on the Contest Site can vote for their favourite Entry or the Entry that best meets the judging criteria during the Voting Period. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
technical malfunction of servers or internet connection;
user(s) recanting their own votes;
technical or content upgrades that render votes incompatible or inconsistent; and
inappropriate conduct in promoting votes (spam, harassment, etc.).
General Conditions: The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.
Your personal information will be processed in accordance with
You may not enter with Australian Privacy laws. Multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized "account holder" is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.
By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest.
Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
You understand and agree that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, and any comments, questions or concerns regarding the Contest shall be directed to the Contest Facilitators and not to Facebook.
Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.
The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer's control.
The Organizer, their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook, Inc. (the "Released Parties") shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person's computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS 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, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
Disclaimer: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. Any comments or questions about the Contest should be addressed to the Contest Facilitators.