Choice Cares & Triple M Radio Competition

Australia Terms and Conditions 

General

1. Information published by the Promoter (defined below) on how to enter and prize information form part of these Terms and Conditions of Entry (“Terms and Conditions”). By entering the competition, entrants indicate that they have read and understood these Terms and Conditions and agree to be bound by them.
2. To the extent of any inconsistency between these Terms and Conditions and any other material published by the Promoter in relation to this competition, these Terms and Conditions prevail.

Who can enter?

3. Subject to clause 4, entry is open to all Australian residents aged 18 years or over as of the date of entry, who have fulfilled the requirements set out below.
4. Employees, directors, managers and contractors and their immediate families, of the Promoter and Promoter’s parent company, affiliates, franchisees and retailers, suppliers and associated agencies and companies associated with this competition are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin. The Promoter is Choice Hotels Asia-Pac Pty Ltd (ABN 41 081 959 891) of Level 3, 150 Jolimont Road, East Melbourne Victoria 3002 Australia (03) 9243 2400 (AU) and 0800 999 970 (NZ) (the “Promoter” or “Choice Hotels”).

How to enter

5. Entrants can enter this competition during the Promotional Period (defined in clause 13) via completing the entry form on the Promoter’s website needabreak.com/choicecares.
6. Entrants must fill in their contact details, and answer each of the following two questions:
   1. “Who do you nominate to win a holiday?”; and
   2. in less than 100 words, “What role have they played supporting the country during the pandemic and why do they deserve to win a holiday?
7. Entries must include all requested details to be eligible to win. Entrants may only enter their own name and contact details. Incomprehensible, illegible, inappropriate or incomplete entries will be deemed invalid. Entries must be received during the Promotional Period and will be deemed to be received only when received by the Promoter.  The Promoter is not liable for any problems with communication networks.  Entrants using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases may be disqualified.

Number of Entries permitted

8. Each entrant can only enter the competition once.

Prize on offer

9. There are five (5) prizes available to be won.
10. Each prize is a $2000 accommodation voucher to be used at any hotel under the Choice Hotels Asia-Pac portfolio in Australia. Participating hotels can be found at choicehotels.com.
11. Winners must book and complete their stay by 31 December 2020.
12. Total prize is valued at $10,000.

Competition Open, Close, Judging and Notification dates

13. The competition commences at 00:01 AEST on 06/07/2020 and ends at 23:59 AEST on 31/07/2020 (“Promotional Period”).
14. There will be five (5) winners determined in respect of this competition. One (1) prize winner will be decided at 10:00 AEST on each of 09/07/20, 14/07/20, 16/07/20, 21/07/20 and 23/07/20 (each, a “Determination Date”) at the premises of Choice Hotels at Level 3, 150 Jolimont Road, Melbourne 3002 Australia.  Each winner will be notified via phone within two (2) hours of the decision and will have their name announced live on Triple M Radio  between 16:00-18:00 AEST on the following day.
15. This is a game of skill. All entries will be judged based on creativity and originality by the Promoter. The best valid entry received up until the time of judging on each Determination Date will win a prize.  The judges’ decision is final.
16. Prizes must be claimed by 14:55 AEST on the relevant Determination Date (“Prize Claim Time”). If a prize has not been accepted or claimed by the relevant Prize Claim Time or if, after making all reasonable attempts, the Promoter can’t contact a winner (or a winner does not contact the Promoter) by the Prize Claim Time, the relevant entry will be discarded and the Promoter will re-award the prize to the next best valid entry at 15:00 AEST at the same location time as the original winner determination.  Any winner will be notified via phone within two (2) hours of the decision and will have their name announced live on Triple M Radio between 16:00-18:00 AEST on the following day.

Further Terms and Conditions

17. The accommodation voucher is not redeemable for cash, exchangeable or transferable to another person. The Promoter is not responsible for any change in prize value.
18. Travel insurance, flights, ground transportation, car hire, taxes, gratuities, all meals, mini-bar items or any other related goods or service are to be paid by the winner and their companions taking the prize.
19. Prizes and all elements of prizes must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prizes are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant:
    1. validity period/s;
    2. booking and availability of accommodation;
    3. maximum hotel room capacity;
    4. the requirement for each individual room to be booked by the winner in the name of one of the winner’s companions;
    5. all persons taking the prize are bound by the relevant terms and conditions of the hotel booked.
    6. conditions of entry into any venue (including behaviour requirements and applicable dress codes);
    7. any additional fees (payable by the winner) relating to changes made by the winner to the prize after it has been booked;
    8. a requirement for the winner and companions to present valid credit card/s when checking in to accommodation for the purpose of providing a credit card guarantee for each room and;
    9. a requirement that any person taking the prize that is aged under 18 years old must be accompanied by their parent or guardian at all times.
20. Without limiting these Terms and Conditions, the prize is awarded to the winner, and only the winner may book/make changes to the hotel accommodation.  The Promoter is not responsible for any dispute between a winner and any person with whom a winner chooses or chooses not to, share a prize.
21. Any failure by the winner or their companions to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled.
22. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
23. The Promoter reserves the right to request the winner and companions to sign disclaimer and release forms provided by the Promoter in favour of the Promoter and any other parties before taking the prize or any other relevant forms or agreements that the Promoter deems necessary.  The Promoter may, at any time, require the winner/companions to produce documentation to establish to the Promoter’s satisfaction the validity of their entry/entitlement to a prize (including documentation establishing identity, age, place of residence and place of employment).  Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
24. Entrants must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
    3. act in a disruptive, annoying, threatening, abusive or harassing manner;
    4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
    5. breach any law; or
    6. behave in a way that is otherwise inappropriate.
25. The Promoter reserves the right to judge and select a new winner in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions.
26. The Promoter’s decision in relation to any aspect of the competition is final. No correspondence will be entered into. No responsibility is accepted for late, lost, incomplete, incorrectly submitted or misdirected entries.
27. If an entrant or an entry are deemed by the Promoter to breach these Terms and Conditions, that entry may be discarded.

Copyright, Statutory guarantees, Waiver and liability

28. Every entry, including any question answer, must be the entrant’s original work and must not infringe the rights (including intellectual property rights) of any person. The Promoter may copy and amend an entry (including any question answer) and may use, reproduce and publish (or allow others to use, reproduce and publish) entries and any rights in relation to entries, to publicise this competition or for any other purpose.  These rights are perpetual, royalty free, world-wide, irrevocable and transferable.  For example, the Promoter may publish all or any part of an entry or any amended version of it.  The Promoter may also decide not to publish an entry, to cease publication of an entry, or to publish an edited entry.  Entrants agree to irrevocably and unconditionally waive any and all moral rights they have, or may accrue, in relation to their entry.
29. Entries must not contain any virus, malware or other malicious or inappropriate computer code or material.
30. Each entrant warrants that its entry does not breach any third party rights (including intellectual property rights) and that use of their entry by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law). Entries must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter’s opinion) otherwise objectionable or inappropriate (for example, entries must not include nudity or language the Promoter deems offensive). If the Promoter knows, suspects or believes (in its absolute discretion) that an entry contravenes any of the foregoing, the Promoter may discard the entry without notice to the entrant.
31. The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners) and for related purposes. Entrants who mark the “opt-in” box on the entry form consent to the Promoter keeping their personal information on its database to use for future marketing purposes, including contacting them by electronic messaging.  The Promoter may disclose personal information to essential service providers who provide services in connection with its products and services. This may include disclosures to organisations outside Australia including in places such as the United States of America.  Entrants may request access to their personal information by writing to Privacy Officer, Choice Hotels International, Inc. of 6811 E. Mayo Blvd., Suite 100, Phoenix, Arizona, 85054, USA.  For full privacy policy, visit com.au/en/privacy-policy. The Promoter’s Privacy Policy includes information about:
    1. how to seek access to the personal information the Promoter holds about entrants and seek correction of the information; and
    2. how to complain about a privacy breach and how the Promoter will deal with such a complaint.
32. In participating in the prize, the winner agrees to participate and co-operate as required in all editorial activities relating to the competition, including but not limited to being interviewed and photographed. The winner agrees to grant the Promoter a perpetual, irrevocable and exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winner will not be entitled to any fee for such use.
33. The Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
34. Any cost associated with accessing needabreak.com/choicecares is the entrant’s responsibility and is dependent on the Internet service provider used.
35. Nothing in these Terms and Conditions limit, exclude or modify or purport to limit, exclude or modify the statutory consumer guarantees as provided under applicable Australian legislation (including the Competition and Consumer Act 2010 (Cth)) or any other implied terms, conditions or warranties under other legislation (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including liability under the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including in negligence) for any personal injury or death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition and promotion:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference;
    3. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    4. any variation in prize value to that stated in these Terms and Conditions;
    5. any tax liability incurred by a winner or entrant; or
    6. use of a prize by any person.
36. The Promoter (including its officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law including the Non-Excludable Guarantees, in which case such liability is limited to the minimum allowable by law to the total prize value specified in these Terms and Conditions.
37. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. Entrants provide their information to the Promoter and not to any social media platform.  Entrants completely release any relevant social media platforms from any and all liability.