Terms & Conditions

P&O CRUISES AUSTRALIA “WIN A FREE CRUISE” PROMOTION

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Carnival plc trading as P&O Cruises Australia (ABN 23 107 998 443) of Level 5, 465 Victoria Avenue, Chatswood NSW 2067, telephone (02) 8326 4000 (“Promoter”).

Promotion Period

3. The Promotion commences at 12:01am AEST on 4 November 2022 and closes at 11:59pm AEDT on 25 November 2022 (“Promotional Period”). The Promoter may extend the Promotional Period at its sole discretion (“Extended Promotional Period”). Details of any Extended Promotional Period will be posted on: www.pocruises.com.au.

Entrants

4. Entry is only open to Australian and New Zealand residents aged 18 years or over.
5. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Wholesale employees are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1^st cousin.
6. 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 employment/registration) 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.
7. 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.

Entries

8. To enter, Entrants must complete all of the following steps during the Promotional Period:
   1. Visit www.pocruises.com.au or www.pocruises.com.nz and complete the entry form for designing your dream cruise; and
   2. Provide consent to receiving promotional marketing materials from the Promoter.
9. Entries must be received within the Promotional Period.
10. Only one (1) Entry per person will be permitted.
11. The Entrant is eligible to win a maximum of one (1) prize.
12. Incomplete or indecipherable entries will be deemed invalid.
13. Any costs associated with entering the Promotion, including data costs, are the Entrant’s responsibility.
14. By entering, the Entrant warrants that the Entry:
    1. is original and not copied, and was created by the Entrant;
    2. does not breach the intellectual property rights of any person;
    3. does not include (or link to) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate. Without limitation, Entrants must not include (or include a link to) any content that involves malice, swearing or which may be defamatory or in contempt of court;
    4. does not include (or link to) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists (Copyright Content), unless the Entrant is entitled to do so. If an Entrant has any doubts about whether they have the right to include (or link to) any Copyright Content in their Entry, they must not include it. By including any Copyright Content in their Entry, the Entrant warrants that they are entitled to do so; and
    5. contains no viruses or other computer code or material embedded in it which may have a negative impact on the Promoter’s website, this promotion or any network or third party computer systems.
15. All Entries become the property of the Promoter and will not be returned to the Entrant.

The Prize

16. The total prize pool value is up to AU$2,721 (incl. GST).
17. There are thirty-one (31) prizes to be awarded:
    1. One (1) P&O Cruises Australia 3-night Comedy cruise for up to twin (2) people in one oceanview room departing before 30 November 2023 (excluding public and school holiday periods) subject to availability. This will include: Select onboard main meals (exclusions apply); Select onboard activities, evening entertainment, and access to nightclubs (with the exception of those activities and facilities which have an additional cover charge); and cruise fare taxes, fees and port expenses.
    2. Ten (10) P&O Cruises Australia A$100 promotional onboard credit that can be redeemed on a cruise departing before 30 November 2023. Promotional onboard credit is only available to be used onboard a cruise (that is booked by the expiry date) and is not transferrable, or redeemable for cash. Any remaining balance expires at the end of your eligible cruise.
    3. Twenty (20) P&O Cruises Australia Premium Internet Package that can be redeemed on a cruise departing before 30 November 2023. The Premium Internet package is only available to be used onboard a cruise (that is booked by the expiry date) and is not transferrable, or redeemable for cash.
18. It is a condition of entry that entrants acknowledge that should they win a prize, they will be required to make their own way to and from the embarkation port for the purposes of redeeming the prize.
19. It is a condition of accepting a prize that the winner and their accompanying guest must follow all reasonable requests by the Promoter in the supply of the prize.If the winner and/or their accompanying guest do not follow all reasonable requests and directions, the winner will forfeit the prize and no compensation will be awarded.
20. Pre or post accommodation and travel, shore excursions or other onboard activities, spending money, additional meals, taxes, insurance, passports, visas, vaccinations, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included in the prize. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.
21. If any prize (or part of any 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.
22. Prizes, or any portion of a prize (including any unused portion), are not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.
23. The winner and their partner are responsible for ensuring they have the necessary and valid travel documentation including, passports, any requisite visas and vaccinations.The winner and their travel companions will be responsible for any expenses incurred in obtaining necessary travel documentation, including any fines, or penalties incurred as a result of not having the requisite travel documentation. Itineraries are not guaranteed.
24. The prize, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. If the winner is, for whatever reason, unable to travel within the nominated period, or does not take an element of the prize within the time stipulated then that element of the prize will be forfeited by the winner.
25. Vaccination requirements apply. Government guidelines may result in a requirement to quarantine during or after your cruise and may restrict your ability to participate in shore tours or disembark the ship at ports we visit during your cruise.  See https://www.pocruises.com.au/business/acceptance-policies-procedures-covid-19 for more information. Guidelines are subject to change without notice and as such, the Prize may vary from the descriptions provided.
26. The prize is subject to P&O Cruises Australia Cruises Booking and Passage Conditions available at https://www.pocruises.com.au/plan/how-to-book/book-travel-conditions. The winner and their partner may be required to present their credit card at time of check-in in order to board the cruise ship, for all incidental charges.
27. Prize itinerary is not guaranteed.
28. Oceanview room can have obstructed view.

Judging

29. This is a game of chance. Skill plays no part in determining the winner.
30. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza 210 Central Coast Highway, Erina NSW 2250 on 28 November 2022 at 10:00 am, in the presence of a scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. A draw for the prize, if unclaimed, may take place at the same time and place as the original draw, subject to any directions from a regulatory authority.
31. The winners will be notified in writing within two (2) business days of the draw and their names will be announced online at www.pocruises.com.au and www.pocruises.com.nz from 30 November 2022.
32. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/ redeem the prize (or an element of a prize) at or by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
33. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.
34. The winners must be aged over the age of 18 years and have provided their consent to receiving promotional marketing materials from the Promoter at time of the draw.
35. The Promoter may in its absolute discretion deem Entries invalid subsequently to a winner being notified or a winner’s name being announced if it is discovered that the winner did not enter the Promotion in accordance with these terms and conditions.

Additional Terms

36. The Promoter’s decision is final and no correspondence will be entered into.
37. By entering the competition, Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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), and promoting any products manufactured, distributed and/or supplied by the Promoter.
38. 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.
39. Any cost associated with accessing the promotional website 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.
40. Liability for any tax arising out of participation in this Promotion (including acceptance of a prize) is the sole responsibility of the Entrant. Entrants should seek independent financial advice in this regard.
41. 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.
42. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, 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 the cruise 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; or (g) use of and/or taking of the prize.
43. As a condition of accepting a prize, the winner, and their companion where relevant, must sign any legal documentation as and in the form required, in their absolute discretion, by the Promoter and/or third parties effecting the Prize, including but not limited to a legal release and indemnity form. 
44. The Promoter collects personal information ("PI") in order to conduct the Promotion and administer the prize and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.pocruises.com.au/business/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their PI, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for details see the Promoter’s Privacy Policy).
45. The laws of New South Wales apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales.