Promoter
Loyalty Pacific Pty Ltd (ABN 82 057 931 334), trading as “Flybuys”, PO Box 12125, A'Beckett Street, Melbourne, VIC 8006.
Entry Restrictions
Open only to Australian residents who are aged 18 or over and are a valid current Flybuys member or new Flybuys member who joins during the Competition Period (to be a valid Flybuys member the Flybuys member account must include the member’s full name, a valid postal address, a valid email address and a valid contact phone number current at time of Winner Determination). Entrants must be following @Flybuys on Instagram Directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter or of the other agencies or companies associated with the conduct or running of this competition are ineligible to enter.
Competition Period
9.00am AEST on 23/10/2023 to 11.59pm AEST on 05/11/2023.
Entry Method Instagram Promotion
To enter, during the Competition Period, entrants must: (a) Follow @Flybuys account on Instagram (Instagram Page); (b) Locate the Weber giveaway post (Competition Post); (c) Comment on the post and tell us how you’re paying with Flybuys points this festive season (d) Tag a friend
Entry Limits
Entrants may enter as many times as they wish during the Competition Period provided that each entry is based on a separate unique entry. Each entry must include a different comment, telling us how they are paying with Flybuys points this festive season. Eligible entrants must create their own entry and all entries must be the eligible entrant’s original work. Eligible entrant must enter under their own Instagram accounts.
Prize Details
There will be 21 winners selected by the Promoter. The major prize is 1 x Weber Q valued at up to approximately $589 (RRP) There are 20 minor prizes. Each prize is 50,000 Flybuys points valued at approximately $250 each (inc. GST) (Prize)
Prize Pool
· 1 x Weber Q RRP $589 · 20 x 50,000 Flybuys points worth $250 each The total prize pool is valued at up to $5,589 (inc. GST).
Winner Determination
The 21 best valid entries, as determined by the judges, will win a Prize. The Promoter will select the winners on the basis of the creativity and originality of the response. The Promoter’s selection is final and binding. In the event that the Promoter deems in its absolute discretion that any or all entries are not in accordance with the Promoter’s brand guidelines or are otherwise deemed to be unsuitable, the Promoter reserves the right to not award any or all prizes allocated for this competition. The selection of the winners will occur on Monday 6 November 2023 at 2pm AEST.
Winner determination for Flybuys household accounts
Only Flybuys members who are the named Flybuys account holder will be eligible to win a Prize. Individuals whose Flybuys membership card is linked to another Flybuys account as a ‘household member’ are eligible to enter this competition, however if their entry is determined to be a winning entry, then the Prize will be awarded to the individual who is the named Flybuys account holder, and not the individual who holds the linked account.
Winner Notification
The Winners will be notified on 07/11/2023. The Promoter will reply to the comment of each winning entry within 1 business day after the Selection Date and send a direct message to each winner via the Instagram account used to enter the competition within 1 business day after the Selection Date.
Prize Claim Date and Time
Prizes must be claimed by 5pm AEST on 19/11/2023. Prizes will be awarded to each winners’ Flybuys account within 14 days of each respective winner providing the requested information.
Prize Claim Details
In order to verify the validity of entries and eligible entrants the Promoter may request that a winner provides verification of the social media profile of the eligible entrant, the email address associated with their Flybuys account, Flybuys membership number, proof of identity, proof of age and proof of residency to the Promoter’s reasonable satisfaction before awarding the Prize. If a winner does not provide the requested information within 1 month after the Selection Date, the Promoter may forfeit the winner’s Prize.
Unclaimed Prize
Arrangements If a Prize is unclaimed within 1 month of the Selection Date, the Promoter may re-award the Prize to the next best valid entry, as determined by the judges, in accordance with these Conditions of Entry. Winners of unclaimed Prizes will be notified in writing by a direct message to the Instagram account used to enter the competition.
1 Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions. A winner agrees to these terms and conditions by accepting a prize.
2 Entries must be received during the Competition Period. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entrants who enter using multiple aliases may be disqualified. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated entries may be disqualified.
3 The Promoter may communicate or advertise this competition using Instagram, Facebook and other social media platforms. However, the competition is in no way sponsored, endorsed or administered by, or associated with those social media platforms. Entrants are providing their information to the Promoter and not to the social media platforms. Each entrant completely releases Instagram, Facebook and all other social media platforms from any and all liability.
4 If an entrant is required to “follow” or “like” the Promoter’s @Flybuys Instagram social media page, each entrant must continue to “follow” or “like” that social media page for the entire Competition Period and up until the time of Winner Determination. Entrants who have “unfollowed” or “unliked” the Promoter’s @Flybuys Instagram social media page at the time of Winner Determination will be deemed invalid.
5 The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible entries, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise. If an entrant’s contact details change or they no longer wish to participate in the competition, the entrant must notify the Promoter by calling the Flybuys service centre (13 11 16).
6 The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person (including without limitation an entrant (or any companion/s, including a winner) who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate. An entrant is fully responsible for the acts and omissions of any companion/s, including a winner, and the Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, the entrant and any their companion/s (including a winner) if the entrant, the winner or any of their companion/s breaches these conditions, whether or not legally bound by them. The Promoter’s decision is final and no correspondence will be entered into.
7 This is a game of skill; chance plays no part in determining the winners. Each valid entry will be individually judged (by representatives of the Promoter) based on, among other things, literary and creative merit or as otherwise specified in the Entry Method.
8 Each entry must be the entrant’s original work. By entering this competition entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes;
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
(c) grant the Promoter a world-wide, royalty free, perpetual, irrevocable, transferrable licence (with a right to sublicense) to use their entry submitted as part of this competition for any purpose;
(d) permit the Promoter to edit, adapt and alter their entry for inclusion on any of their social media pages;
(e) acknowledge that their entry and their name may be made publicly available by the Promoter (in its absolute discretion) and will be accessible to the general public to view;
(f) warrant that they own or have the right to license the copyright in any entry submitted by them into this competition for the purposes of this competition, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this competition, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation);
(g) warrant that any person featured in any photograph or video has consented to the entrant submitting that photograph or video into this competition;
(h) warrant that their entry does not include any content that contravenes any law, infringes the rights of any third party, is obscene, offensive, discriminatory, indecent, otherwise objectionable or inappropriate or makes any improper or inappropriate invasion of the privacy of any person. Without limitation, entrants must not include any content that involves nudity, malice or which may be defamatory or in contempt of court;
(i) warrant that their entry contains no virus or other computer code or material embedded in it which may have a negative impact on the Promoter’s social media pages any network or third party computer systems; and
(j) warrant that all persons appearing in any photograph or video are 18 years of age or older or, if any person is under 18 years of age, that their parent’s or guardian’s consent has been provided.
9 If any video entry forms part of the competition, entrants acknowledge that the Promoter is solely responsible for editing the video footage to produce the final video (including all decisions as to what footage to include and video length). The Promoter’s decision is final and no correspondence will be entered into.
10 The Promoter may (but is not obliged to) determine at any time, in its absolute discretion, whether or not to publish any entries on their social media pages, remove any entries once published on their social media pages, or amend, edit or modify any entries (or any part thereof), or disqualify or invalidate any entry including (without limitation) if the Promoter is of the view that: (a) the entry does not comply with paragraph 8; or
(b) the entry otherwise breaches these conditions of entry.
11 The Promoter may require the winners to provide proof of identity, age, residency, winning social media profile, email address associated with their Flybuys account and Flybuys membership number. Identification considered suitable for verification is at the Promoter’s discretion.
12 If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and the prize will be awarded to the next best valid entry that has not already received a prize, as determined by the judges.
13 Any prize is as stated in the Prize Details. Prizes may be subject to the terms and conditions imposed by the prize provider.
14 Flybuys points are not transferable or exchangeable and cannot be redeemed for cash. The Promoter accepts no responsibility for any variation in points value. Points are redeemable up to a maximum of 4,999 Flybuys dollars at any one time.
15 The winners will be notified in accordance with the Winner Notification section of these conditions.
16 The winners (and any companions) must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and they consent to the Promoter using their name/s and image/s in promotional material.
17 If for any reason a winner does not take an element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited and cash will not be supplied instead. If a prize or any element of a prize is unavailable for any reason, the Promoter may substitute for that prize or element of that prize another item of equal or higher value as determined by the Promoter.
18 If a prize has not been accepted or claimed in accordance with the Prize Claim Date and Time or if, after making all reasonable attempts, the Promoter cannot contact a winner (or a winner does not contact the Promoter) by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter will distribute the relevant prize to the next best valid entry that has not already received a prize.
19 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including, without limitation, allergies, skin conditions or other reactions), illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies
or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
20 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to prizes. Prizes will be delivered in Australia only.
21 If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.
22 The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
23 The Promoter collects personal information about entrants and winners in order to run the Competition, including awarding the prize and disclosure to third parties, including the Promotor’s agents or third party service providers, for the purpose of conducting the Competition, or for promotional and marketing purposes. By entering into the Competition, the entrant warrants that they have obtained the winner’s consent to provide the Promoter with the winner’s personal information. The Promoter uses and manages entrants’ and winners’ personal information in accordance with its privacy policy which is available at https://www.flybuys.com.au/about/#/privacy-policy. By entering the Competition, each entrant consents to the Promoter using their personal information for future marketing and promotional purposes. 24 Standard Flybuys T&Cs and Flybuys Rewards T&Cs apply and can be found at flybuys.com.au.