Terms and conditions


P&O Cruises’ Nautical Nonsense with Nickelodeon Photo Competition

 

  1. Information on how to enter and the prizes, 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 15 Mount Street, North Sydney NSW, phone (02) 8424 8800.

     

  3. Entry is only open to attendees, aged 13 years or over, at P&O’s Nautical Nonsense with Nickelodeon event on 2 July 2017. Entrants under 18 years of age must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions.  Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this competition. Employees (and their immediate families) of the Promoter 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 step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

     

  4. Promotion commences at 9am AEST on 2 July 2017 and closes at 11:59pm AEST on 2 July 2017 (Promotional Period).

     

  5. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.

     

  6. Incomplete, indecipherable or illegible entries will be deemed invalid.

     

  7. Unlimited entries are permitted.

     

  8. Winners will be notified by private message on Instagram by Friday 7 July 2017.

     

    How to Enter

     

  9. To enter, entrants must, within the Promotional Period, take a photo during P&O’s Nautical Nonsense launch event and upload it to Instagram using the hashtags #pacificexplorer and #nickelodeon (the Entry).  In order to qualify as a valid entry entrants’ Instagram accounts must be set to public.
  10. 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 competition or any network or third party computer systems.

       

  11. All entries become the property of the Promoter and will not be returned to the entrant.

     

    Judging

     

  12. This promotion is a game of skill; chance plays no part in determining the winners. The winner will be selected based on the most original and creative Entry.

     

  13. Judging will take place at the end of the Promotional Period at 15 Mount Street, North Sydney NSW 2259 at 9am AEST on 4 July 2017. The Promoter’s decision is final and no correspondence will be entered into.

     

  14. The winner will be notified by private message on Instagram. The winner must confirm acceptance of the prize by Monday 10 July 2017 by replying to the notification message. If a winner does not accept the prize within the specified time limit, the winner forfeits the prize and the Promoter may, at its discretion, award the prize to the next most original and creative Entry. The new winner will be notified by private message on Instagram and must confirm acceptance of the prize by Friday 14 July 2017.

     

    Prize

     

  15. The most original and creative Entry, according to the judges, will win an 8-night Taste of New Caledonia cruise (X827) for 4 people departing Sydney 24 May 2018 on Pacific Explorer in a balcony cabin. The prize includes:
    1. 8 nights accommodation in a balcony cabin for4 people;
    2. onboard main meals (with the exception of those restaurants which have an additional cover charge) for 4 people; and
    3. selected onboard activities, evening entertainment, and access to nightclubs (with the exception of those activities and facilities which have an additional cover charge) for 4 people.

       

  16. Total prize pool value is up to AU$5,196.

     

  17. The prize does not include flights and/or transfers to/from the winner’s home to the departure port of Sydney. Any costs associated with transport to/from the departure port will be the responsibility of the winner and will not be borne by the Promoter. 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.  Prize must be taken from 24 May 2018.

     

  18. The winner or their travelling companion must be over the age of 18. Alcohol consumption and gambling onboard are restricted to passengers aged 18 years of age or older.

     

  19. Each winner and their companion are responsible for ensuring that they have the necessary and valid travel documentation including, passports, any requisite visas and vaccinations.  The winner and travel companion 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. Itinerary to be determined by the Promoter in its absolute discretion. A credit card imprint or cash deposit will be required from the winner at check-in in order to board the cruise ship, for all incidental charges.

     

  20. The prize must be taken on 24 May 2018 which will mark the commencement of the cruise. The prize is only available on this date and cannot be changed once the booking has been made. If the winner and travelling companion are, for whatever reason, unable to travel on the nominated date, or do not take an element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the winner.

     

  21. Standard terms and conditions of travelling with the Promoter will apply, including any applicable age restrictions. See Booking and Travel Conditions at http://www.pocruises.com.au/alreadybooked/pages/bookingpassagetermsconditions.aspx which passengers will be bound by.

     

  22. The Promoter reserves the right to refuse to allow a winner and/or his/her travelling companion to take part in any or all aspects of the prize if it determines in its absolute discretion that a winner and/or his/her travelling companion are not in the mental or physical condition necessary to be able to safely participate in the prize, or if they pose a risk to the safety and wellbeing of any other passenger.

     

  23. 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.

     

  24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

     

    General

     

  25. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

     

  26. The Promoter may (but is not obliged to) at any time reject and/or remove from access by the public or disqualify or invalidate any Entry that it considers (in its sole judgment) infringes these terms and conditions. The Promoter will have no liability to entrants in that regard. If this occurs in respect of a winning Entry, the Promoter reserves the right to award the prize to the next best valid Entry.

     

  27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

     

  28. 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.

     

  29. 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.

     

  30. Except for any liability which cannot be excluded by law the Promoter: Is not responsible for any problems or technical malfunction of any computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in this Promotion; accepts no responsibility for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Promotion, or by any technical error that may occur in the course of this Promotion; and accepts no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access.

     

  31. To the fullest extent permitted by law (including the Competition and Consumer Act 2010 (Cth)) and without limiting any other conditions of entry, the Promoter may, in its discretion, terminate, modify or suspend this promotion. All entrants participating in this promotion at the point of termination, modification or suspension of the promotion will be notified by the Promoter by email. In the event of modification or suspension of the promotion, the entrant may choose to terminate their participation in the promotion at no cost.

     

  32. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) exclude 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, including, but not limited to, where arising out of the following: (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) any tax liability incurred by a winner, winner’s travel companion or entrant; or (f) attendance at the prize event.

     

  33. The Promoter accept no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.

     

  34. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.

     

  35. As a condition of accepting a prize, each winner and his/her companion must sign any legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.

     

  36. The Promoter collects personal information in order to conduct the competition and administer the prize and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers in the United States and, as required, to regulatory authorities in Australia, New Zealand and the ports of call on the prize cruise itinerary. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with its Privacy Policy available here: http://www.pocruises.com.au/Pages/Privacy.aspx.  Entrants should direct any request to opt out, access, update or correct information to the Promoter.

     

  37. When entering this Promotion, you agree to release Instagram from all liability and claims arising out of or in connection with the Promotion or these terms and conditions. You acknowledge and agree that your Entry must be in accordance with Instagram's Terms of Use and can be removed at any time by the Promoter or otherwise in accordance with Instagram's Terms of Use.

     

  38. The Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter. When entering the Promotion, you are providing your information to the Promoter and not to Instagram.

     

  39. The laws of NSW apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of NSW.