Destination Dish Terms & Conditions
Cathay Pacific Destination Dish Social Media Promotion Conditions of entry
Promoter: Cathay Pacific (ABN 57 000 479 514), Level 7, 10 Spring Street, Sydney NSW 2000. Phone: 131 747.
Entry Restrictions: Open only to Australian residents except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies associated with this competition.
Entrants under 18 must obtain approval from their parent/legal guardian before entering. By providing approval, a parent/legal guardian accepts these conditions. If a prize winner is aged under 18, the Promoter reserves the right to liaise with the parent/legal guardian in relation to the prize, in its absolute discretion.
Good Food Month: The competition will coincide with Good Food Month in each of the following cities: Brisbane, Sydney and Melbourne.
• The Competition Period for the Brisbane Good Food Month starts at 12.01am (AEST) on 01/07/16 and ends at 11:59pm (AEST) on 31/07/16;
• The Competition Period for the Sydney Good Food Month starts at 12.01am (AEST) on 01/10/16 and ends at 11:59pm (AEDT) on 31/10/16; and
• The Competition Period for the Melbourne Good Food Month starts at 12.01am (AEDT) on 01/11/16 and ends at 11:59pm (AEDT) on 30/11/16.
(each a Competition Period).
Entrants must, during a Competition Period:
(a) if they haven’t already done so, download the Instagram app or access the app on their smart phone, tablet or personal computer; and
(b) take a photo of their favourite dish (Photo) and upload to Instagram (with the location setting activated) telling the Promoter what the dish is and including the hashtags #DestinationDish and #LifeWellTravelled.
Entrants must ensure their Instagram privacy settings are set to ‘public’ (in order for the Promoter to retrieve the entrant’s entry and for the entrant to receive notifications from the Promoter if they are determined a winner).
There will be three draws conducted, one in respect of each Competition Period.
The draws will be conducted on the following dates and at the following times:
• One draw in respect of all entries received during the Brisbane Good Food Month Competition Period at 12 noon (AEST) on 08/08/16;
• One draw in respect of all entries received during the Sydney Good Food Month Competition Period at 12 noon (AEDT) on 07/11/16; and
• One draw in respect of all entries received during the Melbourne Good Food Month Competition Period at 12 noon (AEDT) on 07/12/16.
Entries received in respect of each Competition Period will not roll over to subsequent Competition Periods.
All draws will be conducted at Prime Focus, Level 1, 500 Chapel Street, South Yarra, VIC 3141.
Prize Pool: The total prize pool is valued at up to $24,000 (inc GST).
Entry Limits: Entrants are limited to a maximum of three entries (one entry per person per Competition Period).
Winner Notification and Publication:The winners will be notified in writing (by direct Instagram message) within two days of the relevant draw and their name and state/territory of residence will be published on the Cathay Pacific Facebook Page immediately after the relevant draw for a period of 28 days.
Prize Claim Date and Time: Prizes must be claimed within 3 months of the relevant prize draw.
Unclaimed Prize Draw Details If required, an Unclaimed Prize Draw will be conducted at 12 noon (AEDT/AEST) on 09/11/16 (in respect of the Brisbane Good Food Month), 08/02/17 (in respect of the Sydney Good Food Month), 08/03/17 (in respect of the Melbourne Good Food Month) at the same location as the original draw.
Unclaimed Prize Draw Winner Notification and Publication: Any winner in any Unclaimed Prize Draw will be notified in writing (by direct Instagram message) within two days of the relevant Unclaimed Prize Draw and their name and state/territory of residence will be published on the Cathay Pacific Facebook Page immediately after the applicable draw for a period of 28 days.
Permit Numbers: Authorised under NSW Permit No. LTPS/16/05094, ACT Permit No. TP16/01272 and SA Licence No. T16/1143.
1. Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions.
2. The competition will be conducted in respect of each Good Food Month during the relevant Competition Period.
3. Entries must be received during a Competition Period. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entrants who enter using multiple email addresses, Instagram accounts, phone numbers or aliases may be disqualified. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated entries may be disqualified.
4. The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible entries, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise.
5. The draws will be conducted at the times, on the dates and at the location as stated in the Draw Details.
6. The prizes are as stated in the Prize Details. Each prize consists of two Cathay Pacific Premium economy class return airfares (including airfare taxes) departing from the relevant winner’s closest major Australian city airport (that Cathay Pacific services i.e. Sydney, Brisbane, Melbourne, Perth, Adelaide or Cairns) travelling to the origin location (that is, the closest major international airport that Cathay Pacific services) of the relevant winner’s favourite food dish (i.e. as demonstrated in their entry). Tickets are valid for one year from the point of awarding the prize and bookings must be made with the promoter within 2 months of each winner claiming their prize. The prize cannot be taken during major event/peak/public holiday periods (including but not limited to Australian school holidays, Easter Holidays, Christmas/New Year and Chinese New Year periods) or any other exclusion periods as specified by the Promoter or the prize suppliers. Flights are subject to booking and availability. All other costs associated with the prize, including but not limited to any transfer costs, accommodation, visas, meals, additional taxes, insurance and other ancillary costs are the responsibility of the winner and his/her companion as incurred. The winner and their companion must depart and return at the same time and from the same location. Each winner and their companion are responsible for ensuring that they have all necessary documents to travel to their destination, including a current passport and any visas that may be required. The prizes are subject to any additional terms and conditions specified by the prize supplier. No frequent flyer points or air miles (e.g. Asia Miles), will be awarded based on these promotional fares.
7. Each winner shall submit his/her booking requests through direct communications with the Promoter’s marketing team. All bookings are subject to availability and the Promoter has the final discretion as to the route, dates and suitability of the final booking.
8. If the winner of a prize is aged under the age of 18 years at the closing date of the competition, the relevant prize will be awarded to the winner’s parent or legal guardian on the winner’s behalf. As a condition of accepting or participating in any prize on behalf of a winner, the winner’s parent or guardian accepts these conditions.
9. Without limiting paragraph 8, if the winner of a prize is aged under the age of 18 years then their companion taking the prize must be a parent or legal guardian and the relevant winner must be accompanied by their parent or legal guardian at all times whilst taking the prize.
10. The winners will be notified in accordance with the Winner Notification and Publication section of these conditions. By entering this competition, each entrant requests that his or her full address not be published.
11. The winners (and their companions) must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and they consent to the Promoter using their names and images in promotional material.
12. Each Photo must be the entrant’s original work. By submitting an Instagram entry into this competition, entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their Photo and otherwise exploiting the Photo and any rights in relation to their entry, to publicise this competition or for any other purposes;
(b) undertake to the Promoter that their Photo is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
(c) grant the Promoter a world-wide, royalty free, perpetual, irrevocable, transferrable licence (with a right to sublicense) to use their Photo submitted as part of this competition for any purpose;
(d) permit the Promoter to edit, adapt and alter their Photo for inclusion on the Promoter’s Instragram page or other advertising mediums;
(e) acknowledge that their Photo and their name may be made publicly available by the Promoter (in its absolute discretion) and will be accessible to the general
public to view;
(f) warrant that they own or have the right to license the copyright in any Photo submitted by them into this competition, for the purposes of this competition, that no rights have been granted to any third party in respect of any such Photo which would prevent the entry being used as contemplated by this competition, and that the use by the Promoter of any such Photo will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation);
(g) warrant that any person featured in any Photo has consented to the entrant submitting that photograph into this competition;
(h) warrant that their Photo does not include any content that contravenes any law, infringes the rights of any third party, is obscene, offensive, discriminatory, indecent, otherwise objectionable or inappropriate or makes any improper or inappropriate invasion of the privacy of any person. Without limitation, entrants must not include any content that involves nudity, malice or which may be defamatory or in contempt of court;
(i) warrant that their Photo does not include any literary, dramatic or artistic work, or any other item in which copyright subsists, unless the entrant is entitled to do so; and
(j) warrant that their Photo contains no virus or other computer code or material embedded in it which may have a negative impact any network or third party computer systems.
13. The Promoter reserves the right to demand any entrant to delete, remove or edit any Photo, untag the Promoter from any Photo, or remove the entry @ reference and/or hashtag from any Photo if the Promoter determines at any time, in its absolute discretion, that the Photo does not comply with paragraph 12, breaches any law, regulation, standard or code that applies to the Promoter, or otherwise breaches these terms and conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any demand made by the Promoter pursuant to this paragraph.
14. The Promoter may require the winners (and their companions) to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
15 If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry in accordance with paragraph 5.
16. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person (including without limitation a winner or their companion) who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate. A winner is fully responsible for the acts and omissions of their companion and the Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, the winner and their companion if their companion breaches these conditions, whether or not legally bound by them.
17. The Promoter may in its absolute discretion cancel the prize or otherwise cease to provide any benefit of the prize to a winner (and their companion, if applicable) if the winner (or their companion, if applicable), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.
18. The Promoter’s decision is final and no correspondence will be entered into.
19. The prizes are not transferable, exchangeable and cannot be redeemed for cash. The Promoter accepts no responsibility for any variation in prize value. If a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant gaming authorities if required.
20. If any prize has not been accepted or claimed in accordance with the Prize Claim Date and Time or if, after making all reasonable attempts, the Promoter cannot contact a drawn winner (or a drawn winner does not contact the Promoter) within 3 months of the applicable draw, the relevant winner’s entry will be deemed invalid and the Promoter will conduct such further draws from all remaining entries received in respect of the relevant Competition Period in accordance with the Unclaimed Prize Draw Details as are necessary to distribute the relevant prize, subject to any requirements of the relevant gaming authorities. Any winner(s) in this draw will be notified as stated in the Unclaimed Prize Draw Winner Notification and Publication.
21. 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).
22. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to prizes.
23. The competition is in no way sponsored, endorsed or administered by, or associated with, Facebook and Instagram. Entrants are providing their information to the Promoter and not to Facebook or Instagram. Each entrant completely releases Facebook and Instagram from any and all liability.
24. As a condition of accepting or participating in any prize a winner’s companion accepts these conditions.
25. If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant gaming authorities if required.
26. The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
(i) how entrants or their companions can seek access to the personal information the Promoter holds about them and seek the correction of such information; and
(ii) how entrants or their companions can complain about a privacy breach and how the Promoter will deal with such a complaint.