Terms & Conditions
Terms and Conditions of Entry for the “Frequent Smiles Promotion” (Promotion)
- These terms and condition of entry, including information on how to participate and prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
- The Promoter is Pacific Smiles Group Limited ABN 42 103 087 449 of 6 Molly Morgan Drive Greenhills NSW 2323 (Promoter).
- The Promotion will be open from [6:00am] Australian Eastern Standard Time (AEST]) on [29 March 2016] until [11:59pm] AEST] on [29 September 2016] (Promotion Period).
- Entry in the Promotion is only open to current (as at the date of entry and date of the prize draw) Velocity Frequent Flyer members who are NSW, ACT, QLD and VIC residents aged 18 years and over, excluding:
- management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of prizes);
- a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 4(a) of these Terms;
- persons who have won a prize or prizes valued either individually or collectively at more than $5,000 (including GST) in any promotion run by or on behalf of the Promoter, within the 12 months prior to the commencement of the Promotion Period;
- persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and
- persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,
(Eligible Entrants). The persons referred to in paragraph 4(b) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO ENTER
- To enter and be eligible to win, Eligible Entrants:
- must, during the Promotion Period, complete the competition form and register for a reminder for their next regular six-monthly dental check-up via the Make you smile website available at [www.makeyousmile.com.au] (Eligible Activity); and
- Provide permission, in accordance with clause 26 of these Terms, for the Promoter to send them one reminder email to book their next regular six-monthly dental check-up based on the date provided in the form response (Reminder Email). For the avoidance of doubt, Eligible Entrants are not required to make any appointment with the Promoter following this Reminder Email.
- provide their current Velocity membership number as part of the information collected in the form responses.
(an Eligible Entry).
DRAW AND PRIZES
- An electronic random prize draw will be conducted at [595 Main Road, Glendale NSW 2285 (Draw Location) by [a representative of the Promoter] at [09:00am] [AEST] on [3 October 2016] from all Eligible Entries received during the Promotion (Draw).
- The first 10 Eligible Entrant[s] with [a] valid Eligible [Entry] drawn in the Draw will win [100,000 Velocity Points.], valued at AU$[4,385.96] (including GST) as at 10th February 2016 [(Major Prizes)
- The total value of [the Prize] available to be won in the Promotion is AU$[43,859.60] (including GST) as at 10th February 2016.
- The prize value is based on a sample of the flights/rewards that can be obtained by redeeming the Velocity Points through the Velocity Frequent Flyer program (as more fully defined in the terms and conditions of the Velocity Frequent Flyer program which can be viewed at velocityfrequentflyer.com/content/TermsConditions/).The estimate of value is provided for the purposes of this Competition only – the value of the Velocity Points will vary depending on how and when they are redeemed by the winner through the Velocity Frequent Flyer program.
- The Draw winner[s] will be:
- notified by [telephone and e-mail]; and
- published in [Courier Mail] on 5 October 2016;
Sydney Morning Herald on 5 October 2016;
Canberra Times on 5 October 2016.
- If [a Prize remains unclaimed by [29 December 2016] a random [electronic] re-draw will be conducted on that date at [the Draw Location by [a representative of the Promoter from all remaining Eligible Entries received in the Promotion [Subject to any directions from the relevant State and/or Territory Gaming Departments]].
- The Re-Draw winner[s], if any, will be:
- notified by [telephone and e-mail]; and
- published in [Courier Mail] on [3 January 2017];
Sydney Morning Herald on 3 January 2017;
Canberra Times on 3 January 2017.
- Each Qualifying registration counts towards one entry only.
Each Eligible Entrant may enter the Promotion once only.
- Eligible Entrants may win a maximum of one Prize in the Promotion only.
- Velocity Points must be redeemed in accordance with the Velocity Frequent Flyer terms and conditions. Subject to the Promoter and Velocity Frequent Flyer Pty Ltd verifying each entrant’s entry (including the prize winner’s entry) and their Velocity membership details, the applicable number of Velocity Points (as set out in the Entry Method section and Prize Details section of these conditions) will be loaded onto each entrant’s and the prize winner’s Velocity Frequent Flyer membership account, within 10 business days from the end of the Competition Period (in respect of the prize), provided that each entrant and the prize winner has been able to satisfactorily provide all required information as requested by the Promoter and/or Velocity.
- The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth)
- The Promoter accepts no responsibility for any variation in the value of [Prizes].
- The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism, including the Make You Smile website, will be available at all times during the Promotion Period.
- Each Eligible Entrant is responsible for providing accurate and up to date information to the Promoter for the Reminder Email (including notifying the Promoter of any changes to such information). The Promoter accepts no responsibility for any failed or late delivery of any Reminder Email.
- If, for any reason, the Promotion is not capable of being run as planned, including due to infection by infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Promotion.
- Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Draw in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
- Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
- The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter’s decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
- The Promoter collects personal information about entrants through the Make you smile website, to include entrants in the Promotion and where appropriate award Prizes. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each entrant consents to the Promoter using, and disclosing their personal information to the Promoter’s related entities, the Promoter’s agencies and other third parties engaged to provide services in connection with the Promotion (including Velocity Frequent Flyer Pty Ltd as supplier of Prizes for the following purposes:
- contacting the entrant in relation to the Promotion;
- contacting the entrant to provide the Reminder Email;
- the issue of the Prize to winning entrants; and
- development and use of promotional materials in accordance with clause 27 of these Terms
- Other than for the purposes outlined above, the Promoter will not use or disclose any information disclosed to it through the Make You Smile website.
- By entering the Promotion, entrants agree and acknowledge:
- that the Promoter (or an agent of the Promoter) may:
- obtain comments from them about the Promotion and take photos or recordings of them (and contact them for those purposes);
- use any of the comments, photos or recordings in relation to the Promotion obtained from them, their name, and/or likeness (the Materials) for the Promoter’s future promotional and marketing purposes without further reference or compensation to them;
- may duplicate, alter, adapt and utilise the Materials in any manner at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence); and
- may license, authorise or otherwise transfer the rights in the Materials to others to do the things outlined in paragraph 25(a)(iii) of these Terms;
- on creation of the Materials, they:
- grant to the Promoter a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter determines; and
- where the Promoter consents, they grant to the Promoter’s related entities a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter consents to;
- they unconditionally and irrevocably:
- consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and
- waive all Moral Rights in the Materials that arise outside Australia; and
- they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
- Promoter, the Promoter’s related entities and all agencies associated with the Promotion; and
- the employees, agents, directors and contractors, of all entities referred to in paragraph 26(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of, or participation in, Prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
- The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a Prize.
- Eligible Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.
Permits: NSW Permit No LTPS_16_01745 ACT Permit No. TP 16_0048