Terms & Conditions
1. The Discover Holidays Subscription competition is operated and sponsored by Leisurecom Group Ltd.
2. By entering the competition you have fully understood and agree to be bound by these Terms and Conditions. If you do not understand and/or agree to these Terms and Conditions, please do not enter.
3. The competition will commence on 15 December 2021 at 9:00AM (Qld time) and conclude on 31 March 2022 at 11:59PM (the “Competition Period”).
4. To be eligible to participate in the competition, each participant (the “Participant”) must:-
Submit an entry (the “Entry” or “Entries”) via the contest page on Discover Holidays website. Each entry must:-
(i) not contain any material which Discover Holidays, in its sole and absolute discretion, deems inappropriate, indecent, obscene, objectionable, hateful, tortuous, defamatory, slanderous or libellous and must not contain material that Discover Holidays, in its sole and absolute discretion, deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination (whether based on race, gender, religion, nationality, disability, sexual orientation or age);
(ii) not contain any material that breaches any applicable laws or regulations including without limitation the laws or regulations in the jurisdiction in which the Entries were submitted;
(iii) not contain your private/personal information or that of any third party (for example, name, address, phone number, email address or any other contact details). Discover Holidays shall not responsible for any loss or damages suffered as a result of or in connection with such posting; and
(iv) be in English and must be limited to the number of characters allowed for each Entry.
5. Discover Holidays has the absolute discretion at any time and from time to time to determine the eligibility of any Participant to take part in the Competition and shall not be obliged to give any reason thereof. Without limiting the generality of this provision, Participants:-
(a) who are under 18 years of age at the time of the selection of the relevant Winner (as defined below);
(b) who are a staff/employee at Leisurecom Group Ltd and/or its subsidiaries and their respective immediate family members;
(c) who are or become deceased, bankrupt, mentally incapacitated or who are legally incapacitated; or
6. For the avoidance of doubt, Leisurecom Group shall not be responsible or liable:-
(a) to ensure that Entries are posted promptly on the Discover Holidays Instagram page before the expiry of the Contest Period;
(b) for any Entry that fails to reach Discover Holidays for any reason whatsoever or for any failure, technical error or delay in the transmission of the Entry to Discover Holidays for any reason whatsoever before the expiry of the Contest Period;
(c) for any failed, incomplete, distorted, undelivered, late, damaged, illegible or lost Entries; or
(d) for any breakdown or malfunction in any computer system or equipment or network connection or internet connection, which may result in the Participant being omitted from taking part in the Contest or for any claim or cause of action arising out of or in connection with the Contest. No appeal, correspondence or claims or payment of compensation will be entertained.
7. Discover Holidays shall have the right to disqualify any Participant from the Contest if:-
(a) he/she is found to have submitted an inaccurate or incomplete Entry and/or inaccurate personal particulars;
(b) Discover Holidays subsequently finds out that any Participant had submitted more than one (1) Entry using a different name or email address or contact details or any other methods to increase his/her chances of winning;
(c) the Participant is found to have tampered with the Entry process or the operation of the Contest or is in breach of these Terms and Conditions; and/or
(d) an Entry is deemed by Discover Holidays to be unfit for the participation in the Contest for any reason whatsoever.
Discover Holidays decision on any of the above matters shall be final, conclusive and binding and Discover Holidays shall not be liable for payment or compensation to any party resulting from such a decision. No appeal, correspondence or claims or payment of compensation will be entertained.
8. There will be a total of ONE winner:
(a) One (1) Winner shall be chosen and decided by Discover Holidays and Leisurecom Group Ltd at its absolute discretion and will be awarded with a flights from Sydney to Nadi, a 4-night stay at Sofitel Fiji Resort & Spa (or similar hotel), including full breakfast daily, lunch and dinner along with private car transfers to and from the airport. Prize redemption is subject to availability and blackout dates and must be used in 2022. The approximate retail value of $5000, however the actual retail value will depend on dates of travel. The Winner may bring one (1) guest. The Winner must advise Discover Holidays no later than thirty (30) days prior to the intended date of stay of the name and other details for both him/herself and his/her guest. Once reservation is confirmed, it is non-amendable and non-cancellable. Strictly no extension is allowed. In the event that the Winner does not provide this information to Discover Holidays by this deadline, the prize will be forfeited and Discover Holidays will have no further obligation to the Winner.
(b) All Entries are subject to review and approval by Discover Holidays at its absolute discretion. Discover Holidays has the right to refuse to accept any Entries and/or remove any submitted Entry for any reason. For example, an Entry may be removed if Discover Holidays decides that the said Entry is in violation of these Terms and Conditions.
(c) Discover Holidays decision on and method of selecting the Winners shall be at its absolute discretion and shall be final, conclusive and binding and Discover Holidays shall not be liable for payment or compensation to any party resulting from Discover Holidays choice of the Winner or for any Participant not being eligible to receive the Prize offered under the Contest. No appeal, correspondence or claims or payment of compensation will be entertained.
(c) Notwithstanding anything to the contrary, Discover Holidays reserves the right to select other Winners to substitute the Winner who is subsequently found to be ineligible or disqualified or where the Winner is unable to furnish any satisfactory proof that he/she is indeed the same person as the individual who submitted the winning Entry (for example, by showing all documentary evidence of proof of name and identification number etc.). Discover Holidays determination of the Winner shall be final, conclusive and binding. No appeal, correspondence or claims or payment of compensation will be entertained.
(d) All prizes are non-negotiable, non-transferrable and cannot be exchanged into cash and other forms of credit unless otherwise provided. Each prize is subject to its own set of terms and conditions. Prize redemption shall be subject to a fixed redemption period, availability and blackout dates depending on the destination and time of booking, and documentary proof of their city of residence to the Hotel of Choice’s satisfaction. Prizes are provided "as is" without further representation, warranty or guarantee of any kind, express or implied. In no event shall Discover Holidays be obligated to award any of the prizes should it determine, in its sole and absolute discretion, that the Submissions are unsatisfactory. In the event any element of any prize becomes unavailable for any reason beyond the reasonable control of Discover Holidays, Discover Holidays shall provide a substitute prize selected in its sole discretion. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Discover Holidays in its sole discretion.
9. The Winner will be contacted via email, and they are required to respond with their full name, contact number, and mailing address to stacey.mairDiscover Holidays by 30 April 2022. Failure to do so will result in the forfeiture of the Prize.
10. Participation in the Competition is subject to these Terms and Conditions and the Participants are deemed to have accepted these Terms and Conditions when they participate in the Contest. The Participants and the Winners shall indemnify Discover Holidays for any claims, expenses, actions, losses or damages or costs (including legal costs on a full indemnity basis) made against or incurred or sustained by Discover Holidays in connection with any breach of these Terms and Conditions and/or a submitted Entry.
11. Discover Holidays may, at any time and from time to time in its sole and absolute discretion and without prior notice or assigning any reason thereof or assuming any liability or payment of compensation to any person, substitute, replace or change the Prize stipulated herein, with another prize of similar value (whether in cash or otherwise). Discover Holidays determination of the substituted prize shall be final, conclusive and binding. No appeal, correspondence or claims will be entertained.
12. The decisions of Discover Holidays on all matters relating to or in connection with the Contest, including, but not limited to, the eligibility of any Participant, to determine who the Winners are, and whether to terminate the Contest, are at its absolute discretion and shall be final, conclusive and binding on all parties. Discover Holidays shall not be obliged to give any reason or enter into any correspondence with any persons on any matter concerning the Contest and no appeal, correspondence or claims will be entertained.
13. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain your personal data for a period of 12 months from the end of the campaign period.
14. By participating in the Competition, every Participant and each Winner expressly and irrevocably:-
(a) permits, consents and authorises Discover Holidays to disclose, reveal and divulge their names, pictures and such other information that may indicate his/her account with PRMON to any party for the purpose of organising, promoting, advertising, publicising, sponsoring and/or conducting the Competition (including disclosing such information on Facebook and/or Instagram) and consents to receiving promotional, marketing and other publicity information from Discover Holidays from time to time;
(b) agrees that the information which they are providing will be provided to Discover Holidays and not to Instagram;
(c) agrees to co-operate and participate in any advertising, promotional and publicity and/or commercial activities organised by Discover Holidays in relation to the Competition;
(d) consents and authorises Discover Holidays to use and disclose any data provided by the Participants for any future marketing effort by Discover Holidays and
(e) acknowledges and agrees that submitting Entries constitutes such Participants’ and Winners’ consent to give Discover Holidays a worldwide royalty-free, irrevocable, transferrable, assignable, perpetual, non-exclusive license to use, reproduce, publish, create derivative works from and display such Entries in whole or in part, and to incorporate it into other works, in any form, including for promotional or marketing purposes. The Participants shall, if requested by Discover Holidays, sign documentation that may be required for Discover Holidays or its nominees to make use of and to assign to Discover Holidays to assign to Discover Holidays or its nominees the non-exclusive rights that the participants are granting to use the Entries, whether in whole or in part, without any payment or compensation thereof and in such mode and manner as shall be decided by Discover Holidays at its absolute discretion. The Winners hereby irrevocably and unconditionally agree to and shall, if required by Discover Holidays at their absolute discretion, attend any prize presentation and participate in any advertising, promotional and publicity activities relating to or in connection with the Contest at his/her own costs.
15. Notwithstanding anything in these Terms and Conditions, Discover Holidays reserves the right at any time and from time to time in its absolute discretion to terminate the Contest or to determine and/or amend, by addition to, subtraction from or variation of, these Terms and Conditions without prior notification or assigning any reason or assuming any liability to any party and all Participants shall be bound by these amendments.
16. While all information provided herein is believed to be correct and reliable at the time of publishing or posting online, Discover Holidays makes no representation or warranty whether express or implied, and accepts no responsibility or reliability for its completeness or accuracy. In the event of any inconsistency between these Terms and Conditions and any advertising, promotional, publicity and other materials relating to or in connection with the contest, these Terms and Conditions shall prevail.
17. A person who is not a party to any agreement governed by these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of such agreement.
18. These Terms and Conditions and the Competition shall be governed by the laws of Australia, and all Participants shall be deemed to have irrevocably agreed to submit to the exclusive jurisdiction of the Australian Courts.
19. Except where the context otherwise requires, words denoting the singular include the plural and vice versa.
Dated: 13 December 2021