INCENTIVE OFFICIAL TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
The Aussie Specialist Program Trade Incentive ("Incentive") starts at 09:00am on 18 March 2019 and ends at 23:59pm on 23 April 2019 ("Incentive Period"). This Incentive shall be subject to the terms and conditions contained in this document ("Official Rules").
1. ELIGIBILITY AND SELECTION CRITERIA:
This Incentive is offered and open only to legal residents of Malaysia who:
(i) are 18 years and older as of the first day of the Incentive Period; and
(ii) meet the eligibility criteria specified below:
- An Aussie Specialist Agent or must become a qualified Aussie Specialist Agent, and completed ALL the 21 online training modules currently available on the Aussie Specialist Program website - https://www.aussiespecialist.com by 23 April 2019
- Demonstrated frontline travel seller – i.e. must have a significant direct to consumer component to their business
- Present as a good communicator - articulate, convincing, relatable, and have a reasonable level of English
- Express an energetic, passionate, personable and gregarious personality especially on camera
- Proficiency in digital technology – for example, able to operate a camera/GoPro
- Able to travel to Australia during the time allocated for the famil trip
- Open to participate in all Famil itinerary activities (including but not limited to swimming, snorkeling, BridgeClimb, walking trails, etc.)
- Willingness and availability to commit to ASP Ambassador duties (including but not limited to blog posts, interviews, occasional event attendance, and webinars)
- Significant social media network of followers will be deemed favourable
Employees (and their immediate household or family members) of Tourism Australia [Malaysia with local offices in Suite 12-1 Faber Imperial Court, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia] ("Sponsor") and their parent companies, affiliates, subsidiaries, advertising agencies, prize providers, promotion and delivery contractors and/or public relations companies associated with this Incentive, are not eligible to participate. Employees of other media companies, including all radio or television stations, and members of the immediate family of any such employees are not eligible to participate. A potential winner may be requested to provide proof that all eligibility requirements are met as well as proof of ownership of the e-mail address associated with the winning entry.
2. HOW TO ENTER:
All entrants must submit a video demonstrating why “There is nothing like Australia” and why they should be the Aussie Specialist Ambassador ("Video").
The Video must:
- capture the unique selling points of Australia as the ultimate holiday destination – for example, unique tourism products and experiences;
- cover at least two (preferably all) Tourism Australia marketing pillars which include:
- Nature & Wildlife;
- Aquatic & Coastal;
- Food & Wine;
- People, Culture, Lifestyle;
- showcase the agent’s personality and creative ability; and
- not exceed the maximum 2 minutes in duration (Note: Video file must not exceed 200MB).
Videos containing content that the Sponsor determines, at its sole discretion, is:
- offensive (for example, derogatory, discriminatory, nudity, or sexual in nature, etc.);
- political in nature;
- obscene or otherwise objectionable (for example, dangerous / risky activities, use of weapons, harm to animals); and
- violates any party's intellectual property,
are automatically disqualified.
If there are any issues with the digital platform, please contact Jennifer Neoh Tan, email: firstname.lastname@example.org.
During the Incentive Period, entrants must (a) either confirm their status as as Aussie Specialist Agent or qualify as an Aussie Specialist Agent on AussieSpecialist.com and submit their Ambassador pitch video here.
All entries become the property of Sponsor and will not be acknowledged or returned. All entrants agree to allow Sponsor and/or its designees the perpetual right to use his/her name, biographical information, video, photo, and/or likeness (real or simulated), content and statements for promotion, advertising, marketing and publicity purposes in all media now known or hereafter discovered, worldwide in perpetuity, including but not limited to on the world wide web and internet, without notice, review or approval and without additional compensation except where prohibited by law. In this regard, all entrants hereby agree to sign and deliver to Sponsor any and all documents that Sponsor may deem necessary or desirable in order to confirm such grant of publicity rights.
3. WINNERS AND NOTIFICATION:
On 15 May 2019, the Sponsor will select the Winner/s in collaboration with Incentive Partners. The entries will be judged based on the following criteria:
- entrant's presentation as a good communicator - articulate, convincing, relatable, and have a reasonable level of English;
- entrant's energetic, passionate, personable and gregarious personality, especially on camera; and
- entrant demonstrating proficiency in digital technology – for example, able to operate a camera/GoPro.
The entrants with a considerable social media network of followers will be deemed favourable.
The Sponsor will make all final decisions in any and all issues related to this Incentive, and its selection and decisions shall be final and binding in all respects.
The Sponsor will select One winner of the Grand Prize ("Grand Prize Winner").
The Sponsor will attempt to contact the potential Winner in person, by telephone or email. The Winner will be disqualified and alternate entrants may be selected as the Winner by the Sponsor if (1) the Winner do not claim their prize by 29 May 2019; (2) the Winner/s do not fulfil the eligibility requirements set out in clause 1; (3) the Winner/s do not adhere to the Official Rules; and/or (4) if the prize notification is returned as undeliverable, refused, or declined.
4. PRIZES AND DELIVERY:
One (1) Grand Prize - Famil trip package, which includes:
- One (1) airfare ticket traveling in BUSINESS CLASS from Malaysia to Australia and Economy class for all domestic Australia travel undertaken as part of the confirmed itinerary agreed by Qantas and Tourism Australia.
- The Grand Prize also includes an 8-night on the ground Famil prepared and run by the Australian State & Territory Tourism Organizations.
- One (1) compact camera and one (1) luggage
Two (2) Runner-Up Prizes which includes
- One (1) luggage per person
together, the "Prizes".
The Prizes are non-transferrable, cannot be exchanged for cash nor be redeemed in any other format. Flights are non-endorsable, non-reroutable and non-refundable. Frequent flyer mileage accrual is not applicable. In the event of flight disruption, there will be no compensation. All expenses not specifically provided for herein are the responsibility of the prize winner, including insurance, all taxes and surcharges associated with the Prizes. All winners are solely responsible for any applicable federal, state, provincial and local taxes in connection with the prize. Prize substitutions are not allowed, and prizes are not transferable. Only the Sponsor may elect, at its discretion, to substitute a prize of equal value due to lack of availability for any given reason. To the furthest extent permitted by applicable law, prizes are awarded "as is" with no warranty or guarantee, either express or implied by the Sponsor, including but not limited to, the quality, merchantability, habitability, or fitness of the prize items. All properly claimed prizes will be awarded, but in no event will the Sponsor award more prizes than are provided for in these Official Rules.
5. OTHER CONDITIONS:
Grand Prize Winner/s must agree to the terms of participation in the Famil, including any applicable Sponsor and Incentive Partner policies. In addition to agreement to these Official Rules, Grand Prize Winner/s will be required to sign and return a liability release form, along with any applicable forms in connection with the prize, and, if so, it must be returned to Sponsor within one (1) week of winner's receipt of the same. Winner/s may also be required to sign and return certain tax documentation. Failure to return all such documents will result in the Winner/s being disqualified, and the Sponsor may select another winner from among all remaining eligible entries from that particular prize pool.
To the extent permitted by applicable laws, by entering this Incentive, each entrant agrees to release, waive and hold harmless the Sponsor and their affiliates, subsidiaries, parent corporations, prize provider, and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents from any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from accessing the Incentive website; submitting an entry or otherwise participating in any aspect of the Incentive; the receipt, ownership or use of any prize awarded; preparing for, participating in or traveling to and/or from any prize-related activity, or; any printing, typographical or other error in these Official Rules or the announcement of offering of any prize. Notwithstanding the foregoing, nothing in these terms and conditions seeks to limit or exclude the Sponsor’s liability in respect of death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or anything which cannot be excluded by applicable laws.
By accepting these Official Rules, the Winner/s agree, where legal, to allow Sponsor and their agents and licensees to use their names, voices, videos, photographs, likenesses and any information provided on the entry form, in any medium of communication, including advertising, promotional or other purposes, without additional compensation.
Transportation, hotel accommodations, restaurant services, and other services from various independent suppliers associated with the Prizes are not subject to control of the Sponsor.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR CANNOT, THEREFORE, BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES that may occur due to (a) intentional, wrongful, negligent, or arbitrary acts or omissions on the part of a supplier, its employees and others not under the direct control of the Sponsor, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, the Sponsor cannot be liable, to the extent permitted by applicable law, for delays in departure or interruption of the Famil caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Sponsor. In no event will Sponsor be responsible for incidental, consequential or special or incidental damage or loss suffered by any person, to the extent permitted by applicable law.
Insofar as is permitted by applicable law, Sponsor’s maximum liability, for any reason whatsoever, will be limited to the amount of the fair market value of the Prizes.
To the extent the Sponsor makes arrangements for transportation of the Winner/s by any means, and making arrangements for hotel or other accommodations, the Sponsor is not acting as principal but only as agent for the companies, corporation or person providing or offering the means of transportation and accommodation. Separate terms and conditions shall apply between the Winner/s and guest and the third party provider, in respect of such transport and accommodation.
To the extent the Sponsor shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. Airlines and other transportation providers (e.g., motor coach operators) are not liable for any detention, delays, loss, damage, sickness or injury, however or by whoever caused, during the time passengers are not on board their planes or conveyances. The contract of carriage used by such transportation providers when issued shall constitute the sole contract between the transportation providers and the purchaser of these vacation arrangements.
Prior to arriving in Australia, the Winner/s must arrange for and hold an applicable visa that is appropriate for the duration of the Winners’ stay in Australia. The Sponsor will not be responsible for the Winner/s’ visa applications or any visa-related matters in connection with the Winner/s’ visa application. The Sponsor recommends that the Winner/s follow the relevant guidelines of the Australian Government Department of Home Affairs, through its website, the Winner/s’ local Australian embassy/consulate or that the Winner/s seek the assistance of a registered migration agent. The Grand Prize Winner/s must ensure they comply with the terms of the Winners’ visa to ensure its validity for the duration of their participation in the Famil.
The Sponsor will not arrange any personal insurance for the Grand Prize Winner/s or on behalf of Grand Prize Winner/s in connection with their participation in the Famil. As part of participation in the Famil, Grand Prize Winner/s agree to take out and maintain comprehensive travel insurance, medical insurance, and any other applicable insurance for claims associated with winners’ participation in the Famil.
If for any reason this Incentive is not capable of running as planned, or if this Incentive or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Incentive and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Incentive, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Incentive or any portion thereof. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the Incentive website. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE INCENTIVE WILL LEAD TO DISQUALIFICATION. To the extent permitted by applicable law, the Sponsor assumes no liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Incentive; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Incentive; or (d) inaccessibility or unavailability of the Internet or the Incentive website or any combination thereof.
8. INTELLECTUAL PROPERTY
All entries, including but not limited to the Video, become the property of the Sponsor and will not be acknowledged or returned, together with all intellectual property rights in the same. All entrants agree to grant the Sponsor and/or its assignees a perpetual, worldwide, irrevocable and transferable right to use their name, biographical information, video, photo, and/or likeness (real or simulated), content and statements for promotion, advertising, marketing and publicity purposes in all media now known or hereafter discovered, including but not limited to on the world wide web and internet, without notice, review or approval and without additional compensation except where prohibited by law. In this regard, all entrants hereby agree to sign and deliver to Sponsor any and all documents that Sponsor may deem necessary or desirable, in addition to the consent provided by entering the Incentive, in order to: (1) transfer such intellectual property rights in the entries (including the Video) and to perfect Sponsor’s ownership in the same; and (2) grant such publicity rights, as described in clause 2.
9. OFFICIAL RULES OR WINNERS LIST:
For a copy of the Official Rules or Winners List, entrants should send a request and a self-addressed, stamped envelope to Tourism Australia Kuala Lumpur office: Suite 12-1 Faber Imperial Court, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia. All requests for Official Rules must be received by 26 April 2019 and for a Winners List by 1 June 2019.
Tourism Australia, an Australian government statutory authority, whose principal place of business is located at Level 29, 420 George Street Sydney, New South Wales 2000 Australia, ABN 996 575 487 12, with local offices in Suite 12-1 Faber Imperial Court, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia.
11. INCENTIVE PARTNERS:
Tourism & Events Queensland
Destination New South Wales
South Australian Tourism Commission
Tourism Western Australia
Tourism Northern Territory
If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.
The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
These terms and conditions shall be governed by Australian law, and the parties submit to the exclusive jurisdiction of the courts of Australia. For the avoidance of doubt, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
Any provision of these terms and conditions is judged wholly or partially invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction is severed to the extent that it is invalid or unenforceable. The remainder of these terms and conditions will remain in full force and effect.