TERMS & CONDITIONS - WINTER WARMER INSTAGRAM COMPETITION 1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 2. Entry is only open to all residents of Australia. However, employees and their immediate families of the Promoter and their associated agencies and companies connected with this promotion are not eligible to enter. 3. Entrants must be 18 years of age or over to enter. 4. Promotion commences at 10:00am AEDT on 16/05/2015 and entries close at 5:30pm AEDT on 30/8/2015 ("Promotional Period"). 5. To enter, individuals must during the Promotional Period enter via Instagram Log into Instagram, follow Park Hyatt Melbourne (@parkhyattmelbourne) on Instagram, and post a photo of the entrant at Park Hyatt Melbourne, using the hashtags #winterwarmer #parkhyattmelbourne 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 reserves the right to disqualify any entrant who the Promoter reasonably believes submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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. Entries that do not comply with the Promoter's code of conduct or deemed offensive will be disqualified. 7. Incomplete, indecipherable or illegible entries will be deemed invalid. 8. Only one entry per person permitted. Only entrants who have booked and stayed at Park Hyatt Melbourne on the Winter City Escape package will be eligible to win prize. 9. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated Prize delivery address and/or proof of entry validity (including phone bill) in order to claim a Prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the legal/42097782_3 Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered. 10. This is a game of skill and chance plays no part in the determination of the winner. Each valid entry will be individually judged on the basis of uniqueness and creativity as determined by the judges in their sole discretion. Judging will take place at Park Hyatt Melbourne, 1 Parliament Square, off Parliament Place, Melbourne VIC 3002 at 3pm AEDT on 2 September 2015. There will be one (1) winner. Winners will be notified by phone, email, or via the entrant's Instagram account. Instagram entries must respond within 2 business days, otherwise the entrant will forfeit their Prize and an alternative winner will be selected. The Promoter's decision is final and no correspondence will be entered into. 11. Total prize pool value is $2,000 AUD. The Prize is the granting of the winner's Winter Warmer submission (including any reasonable modifications made by the Promoter in its sole discretion) up to a maximum value of $2,000AUD ("Prize"). The Prize is awarded in the form of a voucher and must be redeemed at Park Hyatt Sydney before 31 August 2016 unless otherwise specified. Prize includes two night's accommodation in a Park King room at Park Hyatt Sydney and two return economy flights from Melbourne to Sydney. Return flights from Melbourne to Sydney and accommodation for Park Hyatt Sydney must be booked by Park Hyatt Melbourne on behalf of prize winner. Prize is not transferable, exchangeable or redeemable for cash and cannot be used in conjunction with any other offer. The Promoter accepts no responsibility or liability for the prize winners not being available to redeem the Prize at the specified location or within the specified timeframe, before 31 August 2016. If for any reason whatsoever a Prize winner does not redeem a Prize by 31 August 2016, then the Prize will be forfeited by the Prize winner and cash will not be awarded in lieu. Once Prize has left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. If a Prize is unavailable due to reasons beyond reasonable control of the Promoter, the Promoter in its discretion, reserves the right to substitute the Prize with an alternative prize to the equal value and/or specification (up to a maximum of AU$2,000), unless to do so would be prohibited by law. 13. Voucher Terms and Conditions of use: Voucher is valid at Park Hyatt Sydney only. Reservations are subject to availability and certain blackout periods may apply, including but not limited, to Christmas Day and New Year’s Eve. This certificate is non-refundable and not exchangeable either in full or in part for cash. Guests will be legal/42097782_3 entitled to goods and services up to the value indicated on the front of the certificate. If the value of the goods and services provided is less than the amount indicated, no refund or credit will be made. If the value of the goods and services exceeds the amount indicated, the difference must be paid by the bearer of the certificate at the point of sale or service. As many certificates as desired may be used for payment of a hotel account. The certificate is non-transferable, and in the case of loss or destruction will not be replaced. This certificate may not be reproduced, copied, purchased, sold or otherwise transferred for monetary value. Void if copied, reproduced or transferred. Accommodation: offer may not be combined with other promotional offers and gift certificates much be presented at check-in. Offer is valid for the number of nights and the room type stated on the front of the certificate. Additional guests may be subject to additional hotel charges. When making a reservation the guest much indicate that the payment will be by certificate and quote the number on the front of the certificate. Hotel outlets – dining and spa: offer valued for up to the amount stated on the front of the certificate for food and beverage consumption at The Dining Room (not applicable for in-room dining charges), or purchases at The Spa. Guest must present certificate to staff when requesting the bill. Guest is responsible for all charges exclusive of this offer. This certificate will expire on the expiry date advised on this certificate. After the expiry date this certificate will not be honoured and will not be redeemable. 14. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner in any media for an indefinite 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. 15. Each Winter Warmer submission submitted as an entry or part of an entry becomes the property of the Promoter for an indefinite period of time. Winter Warmer submissions will not be returned to any entrant. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Winter Warmer Submission and consents to the Promoter doing (or omitting to do) any acts in respect of the Winter Warmer Submission which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Winter Warmer Submission(s) for any purposes at its discretion, including, without limitation, using the entrant’s Winter Warmer(s) for promotional, marketing or publicity purposes, legal/42097782_3 whether in respect of this promotion, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Winter Warmer submitted is an original literary or artistic work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition. 16. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 17. The Promoter accepts no responsibility or liability for any costs associated with the redemption of, or use of the Prize other than the ones listed as part of the Prize. All incidental and other costs ancillary to the taking of the Prize (which may include travel or transport charges to and from the winner's departure point to the specified Hyatt Hotel, spending money, meals, taxes, insurance, transport to and from Prize winner's departure point, transfers, items of a personal nature (including but not limited to additional room charges such as pay per view movies, laundry, room service, telephone calls), any upgrades or additional nights’ accommodation are not included and are the sole responsibility of the Prize winner. 18. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“NonExcludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for any liability in relation to a Non-Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity or loss of profits); 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, legal/42097782_3 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 or entrant; or (f) the Prize, or use of the Prize. As a condition of accepting the Prize, the winner may be required to 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. 19. In accordance with the Hyatt Global Privacy Policy, the Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 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. Entrants should direct any request to access, update or correct information to the Promoter. 19. Participation in this Promotion is considered acceptance of the following; A complete release of Facebook by any entrant; An acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook; and That the information provided by each entrant is provided to the Promoter and not to Facebook. 20. Participation in this Promotion is considered acceptance of the following; A complete release of Instagram by any entrant An acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram; and That the information provided by each entrant is provided to the Promoter and not to Instagram 21. The laws of Victoria apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria. 22. The Promoter is 1 Parliament Square Pty Ltd as trustee for the Australian Hotels legal/42097782_3 (Melbourne) Trust trading as Park Hyatt Melbourne (ABN13 181 187 363) of 1 Parliament Square, Off Parliament Place, Melbourne, Victoria 3002. legal/42097782_3
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