TRAVELEX “WIN - CHOOSE YOUR OWN SOUTHERN USA ADVENTURE” PROMOTION TERMS AND CONDITIONS
- The promoter for the Travelex “Win - Choose Your Own Southern USA Adventure” promotion (“Promotion”) is Travelex Limited (ABN 36 004 179 953) of Level 28, 20 Bond St, Sydney NSW 2000 Australia, 02 9696 9000 and Travelex Financial Services NZ Limited (Company Number 115663) of Level 14 Augusta House, 19 Victoria Street, Auckland 1010 New Zealand (collectively referred to as “Promoter”).
- Information on how to enter and the Prize(s) (defined below) form part of these terms and conditions (“Terms and Conditions”). Participation in this Promotion is deemed acceptance of these Terms and Conditions.
- Entry is only open to Australian and New Zealand residents aged 21 years or over who can take the Prize (“Entrant(s)”).
- Employees (and their immediate families) of the Promoter, Gate 7, Travel South USA, Adventure World, Delta Air Lines, Inc., and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child, or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister, or 1st cousin.
- Entry into the Promotion will open at 9:00AM AEST on 1 June 2023 and will close at 11.59PM AEST on 31 August 2023 (“Promotional Period”).
- To be eligible to enter, individuals must purchase the equivalent of AUD$500 (for Australian Entrants) or NZD$500 (for New Zealand Entrants) or more of foreign currency in a single transaction, by directly loading or re-loading the foreign currency onto a Travelex Money Card, at a Travelex store in Australia or New Zealand (including via https://www.travelex.com.au/ and https://www.travelex.co.nz/ or via the Australian Travelex App but excluding over-the-counter at any Travelex stores located in arrival terminals at airports located in Australia and New Zealand) during the Promotional Period (“Qualifying Purchase”). “Foreign currency” means any currency other than AUD or NZD for the Travelex Money Card issued in Australia or New Zealand, respectively.
- All Qualifying Purchases will be automatically entered into the draw, as set out below (“Entry(ies)”). Multiple Entries are permitted however each Qualifying Purchase can only be submitted once.
- Entries will be awarded according to the amount of foreign currency purchased in the Qualifying Purchase (in AUD or NZD, as applicable), in a single transaction during the Promotional Period, as follows:
a) Entrants will be eligible to receive one (1) Entry for every $100 spent (for example, Entrants who spend $500 will be eligible to receive five (5) Entries). For the avoidance of doubt, purchases of $499.99 and below will not be eligible to receive any entries.
b) For clarity, Entries are rounded down to the nearest $100 (for example, Entrants who make a Qualifying Purchase between $700 to $799.99 will be eligible to receive seven (7) Entries in total).
9. Entrants must retain a copy of their purchase receipt for the Qualifying Purchase as proof of purchase in order to claim their Prize if they are selected. In the event a purchase receipt is not automatically provided to the Entrant at the time of making their Qualifying Purchase, it is the Entrant’s responsibility to request such material. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an Entrant’s Entry and forfeiture of any right to the Prize(s). The purchase receipt must clearly specify the store of purchase and the date confirming that the purchase was made during the Promotional Period.
- The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete transactions, as determined by Promoter in its sole and absolute discretion, will be deemed invalid. Entrants are responsible for ensuring that the contact details associated with their Travelex Money Card are correct and up to date.
- If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
- The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 Australia at 10:00AM AEST on 13 September 2023 in the presence of an independent scrutineer. The Promoter may draw additional reserve Entries and record them in order in case an invalid Entry or ineligible Entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at https://www.travelex.com.au/ and https://www.travelex.co.nz/ on 20 September 2023.
- The Promoter’s decision is final, and no correspondence will be entered into.
- There will be one (1) prize in total (“Prize”), being a holiday for two (2) adults as further detailed below.
- The first valid Entry from an Entrant drawn (“Prize Winner”) will win the Prize. The Prize is a trip for two (2) adults (aged 21 years or older) to The Travel South Region of the USA. The Travel South Region is made up of 10 states in the United States of America and include Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, South Carolina, North Carolina, Tennessee, and West Virginia. The prize is valued at up to AUD$21,000 based on the recommended retail value and depending on date and point of departure. The Prize includes:
- $12,000 AUD spend on a “Southern USA Adventure” with Adventure World. This includes accommodation, car hire, attractions and passes in the Southern USA states mentioned above. The Prize Winner will be supported with itinerary ideas to create their “Southern USA Adventure” by Travel South USA and Adventure World to the value of $12,000 AUD.
- A flight voucher for two (2) economy class return flights with Delta Air Lines up to the total value of $8,000 AUD, flying from Sydney (if the winner is based in AU) or Auckland (if the winner is based in NZ) into Atlanta, Georgia and returning to either Sydney or Auckland from New Orleans, Louisiana;
- $1,000 USD-denominated Prepaid Travelex Money Card for the winner only.
For clarity, any additional expenses above the prize value of $12,000 AUD Adventure World spend or the $8,000 AUD Delta Air Lines flight voucher must be paid by the Prize Winner.
The following conditions apply to the Prize:
a) Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, passports, visas, items of a personal nature, in-room charges and all other ancillary costs are not included. The Prize must be booked by 31 December 2023, and used within 11 months of the draw date (this means the holiday must be completed and the Prize Winner and the Prize Winner’s guest must return to their departure point by 30 November 2024) and is subject to booking, regardless of preferred flight availability. The Delta Air Lines-operated daily flight from Auckland to Atlanta commences operation from 30 October 2023. If the Prize Winner is based in New Zealand, travel must be booked on or after this date.
b) Unless otherwise approved by the Promoter, the Prize Winner and Prize Winner's guest must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Itinerary is subject to change and may be adjusted depending on location, departure city, flight schedule or other factors.
c) The Prize is subject to the standard terms and conditions of individual Prize and service providers.
d) Any ancillary costs associated with redeeming the Delta Air Lines flight voucher or Prepaid Travelex Money Card are not included. Any unused balance of the Delta Air Lines flight voucher or Prepaid Travelex Money Card will not be awarded as cash. Redemption of the Delta Air Lines flight voucher and Prepaid Travelex Money Card is subject to any terms and conditions of the issuer including those specified on the Delta Air Lines flight voucher and/or Prepaid Travelex Money Card.
e) The Prize Winner may be required to present their credit card at time of accommodation check in. A deposit may be required from the Prize Winner at check-in to the hotel and this is not included in the Prize.
f) Prize Winner and Prize Winner's guest are advised to check government travel advice before booking and embarking on any travel and are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations, and other travel documentation (including, without limitation, proof of COVID-19 vaccination in an appropriate form, if required) at their own cost. During the travel, the Prize Winner (and Prize Winner’s guest) must comply with any mandatory travel requirements, such as wearing face masks during flights, customer service counters and kiosks, airport lounges, gates, and baggage claim areas at both the origin and destination airports.
g) The Prize Winner must book the flights directly with Delta Air Lines. The flight voucher for two (2) economy class return flights with Delta Air Lines is valid for booking class DL and is subject to any additional terms and conditions stated on the voucher. Flight reservations must be made, and tickets issued prior to departure. Tickets must be issued within 24 hours of making reservations. Reservations made on delta.com must be ticketed at time of reservation. The number of seats available for this offer is limited.
h) Flight certificate expiration is as of midnight Eastern Standard Time. Flight voucher must be redeemed, and ticket issued by 31 December 2023. Extensions will not be granted under any circumstances.
i) Minimum stay, maximum stay and blackout dates do not apply.
j) Stopovers, open segments, and waitlisting are not permitted, in addition if this certificate is valid for roundtrip travel, circle and double open-jaw trips are not permitted. For certificates that are valid for roundtrip travel, single legal open-jaw itineraries are permitted. Stopovers of more than 4 hours for domestic travel or 24 hours for transoceanic travel are not permitted.
k) The flight voucher is transferable only if it is not associated with an individual’s name. Exception: If the voucher is issued in an individual’s name, the voucher may be used by a different person as long as the original recipient is traveling with that person in the same reservation. Voucher may not be transferred for cash or any other consideration. Purchased and/or auctioned vouchers are subject to confiscation and travel will not be permitted.
l) Additional taxes/fees/surcharges/inspection and security fees may apply. PFCs do not apply. Any tax liability or other government-imposed fees are the responsibility of the user.
m) Once flights are ticketed, tickets are non-refundable after risk free cancel expires. Changes are permitted free of charge, provided the new itinerary meets all provisions of the program and the same class is available to rebook. Any difference in taxes will need to be paid.
n) Standard baggage fees apply and are the responsibility of the Prize Winner and the Prize Winner’s guest.
o) SkyMiles mileage credit will NOT be awarded for travel with this voucher. Frequent flyer points will not form part of the prize.
17. Subject to the unclaimed prize draw clause, if, for any, reason the winner does not take the Prize (or an element of the Prize) by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited. The Promoter reserves the right to award the Prize to a reserve Entrant drawn, if an originally drawn winner is ineligible. The Prize Winner will not be entitled to a refund or credit note for the travel.
- If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a Prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Total Prize pool is valued at up to AUD/NZD $21,000.
- The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- A draw for the Prize, if unclaimed, (“Unclaimed Prize”) may take place on 13 October 2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. The first valid Entry drawn and successfully contacted by phone and in writing will win the Unclaimed Prize. If the Unclaimed Prize winner cannot be contacted within 48 hours, the Promoter will contact the next drawn winner until an Unclaimed Prize winner is determined. The Unclaimed Prize winner, if any, will be notified in writing within 48 hours days of the draw and their name will be published online at https://www.travelex.com.au/ and https://www.travelex.co.nz/ on 20 October 2023.
- In the event of war, terrorism, state of emergency or disaster, pandemic, other events causing disruption to travel or any other kind of disaster or unforeseeable event beyond the Promoter’s reasonable control, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify a Prize, subject to any written directions from a relevant regulatory authority.
23. The Prize Winner and otherwise Unclaimed Prize winners (collectively, “Winner(s)”) consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome).
- If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
- Any cost associated with accessing the any website associated with the Promotion is the Entrant’s responsibility and is dependent on the internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- As a condition of accepting Prize, the Prize Winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, and without limiting any exclusion of liability set out herein, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) if a tour or travel activity is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter (f) any tax liability incurred by a Winner or Entrant; (g) use or taking of a Prize or participation in a Prize; or (h) the Promotion or any Prize.
- Any question concerning the legal interpretation of these Terms and Conditions will be based on the laws of NSW, Australia and the Courts of NSW, Australia will have exclusive jurisdiction.
- If any of the provisions of these Terms and Conditions becomes or is invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and such invalid, illegal or unenforceable provisions shall be deemed severed from these Terms and Conditions and Travelex shall be entitled to replace such severed provisions with such other provisions as it may deem fit.
- The headings to the clauses of these Terms and Conditions shall not be taken into consideration in the interpretation or construction thereof or of these Terms and Conditions.
- These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
NSW Authority No. TP/ 01681. ACT Permit No. TP23/ 00752. SA Permit No. T23/ 581.