Legal Section: Flybuys Instagram

General

1. The Competition is a game of skill, chance does not form part of selecting the winner.
2. The material used to market and promote the Competition forms part of these competition terms. If there is an inconsistency between the material used to market and promote the Competition and these competition terms, then these competition terms prevail.
3. The key details of the Competition are as outlined in the Meanings section at the end of these terms, including the Prizes, Competition Period, Prize Conditions and Selection Dates.

Eligibility to enter

4. During the Competition Period, anyone may enter the Competition, provided that they are:

1. 1. are a Flybuys member;
   2. over 18 years of age;
   3. a resident of Australia; and
   4. not an employee (or their Immediate Family Member) of the Promoter or an agent of the Promoter who is connected with the Competition.

Entering

5. By entering the Competition, eligible entrants accept these competition terms.
6. To enter, eligible entrants must, during the Competition Period, complete all of the following steps

1. 1. Follow @Flybuys Instagram channel
   2. Tag a friend on the Competition Instagram post (any friends you tag must also follow @flybuys)
   3. Finish the sentence in the Competition post comments “we’re saving up for some R&R at …………”

7. Eligible entrants can submit as many entries as they wish. Each entry must include a different end to the sentence and tag a different friend (that friends must also follow @flybuys). 
8. Eligible entrants must create their own entry and all entries must be the eligible entrants original work. Eligible entrant must enter under their own Instagram accounts.
9. The Promoter may deem as invalid any entry which:

1. 1. is illegible, incomprehensible, offensive or incomplete; or
   2. includes objectionable, profane, insulting, inflammatory or defamatory material.

10. The Promoter may disqualify any entrant who:

1. 1. enters the Competition without being eligible;
   2. tampers with the entry process;
   3. submits an entry that is not in accordance with these competition terms; or
   4. in entering the Competition, engages in conduct which is fraudulent, misleading, deceptive or damaging to the goodwill or reputation of the Competition or the Promoter.

11. Failure by the Promoter to exercise any of its rights at any stage does not constitute a waiver of the Promoter’s rights.
12. If the entrant’s contact details change, the entrant must notify the Promoter.

Selecting a winner

The Promoter will select a winner from the pool of eligible Competition entries on the Selection Date at the Selection Address.

13. The Promoter will select the winner on the basis of the creativity and originality of the response. The Promoter’s selection is final and binding.
14. The Promoter will notify the winner within 1 business day after the Selection Date. The Promoter will comment on the post of the winning entry within 1 business day after the Selection Date.

Awarding Prizes                                                   

15. In order to verify the validity of entries and eligible entrants the Promoter may request that the 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 the winner does not provide the requested information within 1 month after the Selection Date, the Promoter may forfeit the winner’s Prize.
16. The winner must accept their Prize within 1 month after the Selection Date. If the winner does not accept their Prize within 1 month after the Selection Date, the relevant winner’s entry will be deemed invalid and the Promotor will distribute the unclaimed Prize to the next best ranking entry, as determined by the Promotor in its absolute discretion.  Winners of unclaimed Prizes will be notified in writing to the email address provided at the time of entry.
17. In consideration of the Promoter awarding the Prize to the winner, the winner:

1. 1. consents to the Promoter using his or her name, likeness, image, voice and entry in any marketing and promotion of the Competition, the Promoter or the Promoter’s business;
   2. acknowledges that the entry is the property of the Promoter;
   3. agrees to use the Prize in accordance with the Flybuys Terms and Conditions which are available at https://www.flybuys.com.au/about/#/flybuys-terms-and-conditions and any other specified requirements; and
   4. agrees that the Prize is not transferable and cannot be taken as cash.

18. The Prize will be awarded to the winner’s Flybuys account within 14 days of the winner providing the requested information.

Force majeure

19. If there is a Force Majeure Event which prevents or materially and adversely affects the Promoter’s ability to market, promote or run the Competition in accordance with these competition terms, the Promoter may cancel, terminate, modify, suspend or postpone the Competition.

Liability

20. The Promoter (including its officers, employees and agents) is not liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the Competition, including:

1. 1. any late, lost, altered, damaged or misdirected entries or Prize acceptance, including delays due to technical disruptions or network congestion (whether or not under the Promoter’s control);
   2. any incorrect or inaccurate information caused by equipment or programming associated with or utilised in the Competition;
   3. any technical error, including any omission, interruption, deletion, defect, delay in operation or transmission or communications line, telephone, mobile or satellite network failure; and
   4. any theft, third party interference, destruction, unauthorised access to or alteration of entries; and
   5. any use of the Prize or any tax liability incurred by the winner as a result of accepting the Prize.

21. Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter.  These terms and conditions do not exclude, restrict or limit those statutory rights in any way.

Social media platform

22. This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram.
23. Each entrant releases Instagram from any all claims arising out of the Competition.
24. At all times, eligible entrants agree to act in accordance with the Instagram Terms of Use which are available at https://help.instagram.com/581066165581870/ and other related Instagram policies.

Personal information

25. The Promoter collects personal information about entrants 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. The Promoter uses and manages entrants’ personal information in accordance with its privacy policy which are 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.

Meanings

26. In these competition terms, the following words have the meanings set out below: