NCL's Walk for Wellness Cruise Cabin Giveaway Promotion
Terms and Conditions of Entry
1. Entrants and compliance with terms
1.1 The following terms and conditions (Terms and Conditions) apply for the “NCL’s Walk for Wellness Cruise Cabin Giveaway” (Promotion).
1.2 The promoter is NCL Australia (ABN 80 607 578 781) of Level 7, 99 Elizabeth Street, Sydney NSW 2000 (Promoter).
1.3 The entrant is any individual who has registered for the ‘Walk for Wellness Challenge’ with NCL, downloaded the MoveSpring app and allowed the app to track their steps using their phone or wearable device (no manual entries of steps will be permitted) and who has otherwise complied with these Terms and Conditions (Entrant).
1.4 Entry is open to all Australia and New Zealand travel agents who are 18 or more years old that are registered with NCL (if prize winner is not registered with NCL they will be required to register before being eligible to claim the prize). Employees of the Promoter and its agencies associated with this Promotion, and their immediate families, are ineligible to enter. For the purpose of these Terms and Conditions, “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.
1.5 Information on how to enter the Promotion, the prize and other details contained within promotional advertisements form part of these Terms and Conditions.
1.6 Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
1.7 By entering this Promotion, Entrants agree to receive communications from the Promoter and to be bound by these Terms and Conditions.
2. Method of Entry
2.1 Entry to the Promotion commences on Friday, 1 October 2021 at 12.01am (AEST) and concludes at 23.59pm (AEDT) on Wednesday, 3 November 2021 (Entry Period).
2.2 During the Entry Period Entrants must allow the MoveSpring app to track their steps through a wearable device (manual step entry is not permitted). Entrants will receive 1 x entry for registering and 1 additional entry into the draw to win for every 100,000 steps completed during the Promotion Period (Entry Process).
2.3 Entrants must complete the steps during the challenge period (1 – 31 October) and sync their wearable device with the MoveSpring app no later than 23.59pm (AEDT) on Wednesday, 3 November 2021. Entries submitted after this time will not be accepted.
2.4 Subject to clause 2.3, entries will be deemed accepted once the Entry Process is completed.
2.5 The Promoter takes no responsibility for lost, late or misdirected entries.
2.6 Any cost associated with accessing and completing the Registration Process (including, without limitation, accessing the website) is the Entrant’s sole responsibility.
2.7 The Entry Process is transmitted over the internet. Entrants acknowledge that although encrypting precautions are taken, the internet is not a secure medium and that the Promoter is not responsible for the security of entries.
2.8 Incomplete, incorrect or incomprehensible details will, at the sole and absolute discretion of the Promoter, invalidate entry into the Promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
2.9 The Promoter reserves the right, at any time, to verify the validity of entries and Entrants and disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
3. The Prizes
3.1 There is (1) Major Prize to be won as follows:
Major Prize: A Balcony stateroom for two onboard a Norwegian cruise line ship departing in 2022. Sail dates and locations to be determined within 3 months of the prize draw. RRP of prize is $2499.50 each. Total prize pool is $4999.00. Conditions: Extra charges onboard and on land will be at the winner’s own expense including mini bar purchases, calls, WIFI, porterage, laundry, in-house movies, beverages with meals, taxis and free time activities. Flights are not included as part of the Prize. Any FBT implications are the responsibility of the winning agency.
3.2 The Prizes are not transferable, exchangeable or redeemable for cash. Prize value is in Australian dollars inclusive of GST and is based on the recommended retail value of the Prize at the time of printing. The Promoter accepts no responsibility for any variation in the value of the Prize. If the Prize is unavailable, for whatever reason, the Promoter, in its discretion, reserves the right to substitute the Prize for a prize of equal value and/or specification. To the extent permitted by law: (a) the Promoter makes no representations or warranties as to the suitability of the Prize; and (b) no compensation will be payable if, for any reason, a winner is unable to use the Prize as stated.
4. Prize Draw
4.1 There will be one (1) entry drawn from all entries received at 10am AEDT on 08/11/2021. The computerised random draws will be conducted by a representative of the Promoter at Adlab, 87 Kensington Road, Norwood SA (Draw Location).
RE-DRAW (if any)
4.2 If the Prize is won by an eligible Entrant who is no longer employed as a travel agent at the time of the prize draw or by the sail date of the prize and/or does not claim the relevant Prize by 12 noon AEDT on 03/12/2021 or a “winning” entry is deemed invalid in accordance with clause 4.6, a re-judging will be conducted on that date and time at the Draw Location by a representative of the Promoter from all remaining eligible Entries received in the Promotion (Re-Draw).
NOTIFICATION OF RE- DRAW (if any)
4.3 The Re-draw winner (or winners), if any, will be notified by phone and email.
Winners
4.4 The winning individuals of the Prizes will be notified by email within 48 hours of the draw. The winner's name will be published on the Promoter's website https://partnersfirstrewards.ncl.com/walkforwellness following the completion of the competition and remain on the website for a minimum of twenty eight (28) days.
4.5 The Promoter's decision on the Promotion winners is final and no correspondence will be entered into regarding the result.
4.6 The Promoter may in their absolute discretion deem any “winning” entry invalid subsequently to the winner being notified or the winner’s name being announced if it is discovered that the winner did not enter the Promotion in accordance with these Terms and Conditions. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.
4.7 Entrants consent to the Promoter using the Entrant's 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 the Promotion (including any outcome), and promoting any products or materials manufactured, distributed and/or supplied by the Promoter or the Prize Sponsor.
5. Other terms
5.1 Without limiting any other clause, the winners will allow their name and likenesses to be used by the Promoter with any broadcast, print media, point of sale material, newsletters and other media without any compensation.
5.2 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion within the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it on such conditions as the Promoter requires, subject to any relevant Legislation.
5.3 The Promoter is not responsible for any incorrect or inaccurate information either caused by programming associated with or utilised in this promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
5.4 The Promoter (their associated agencies and companies) and the Prize Sponsor will not be liable for any misadventure, accident, injury, death, loss (including but not limited to consequential loss) or claim that may occur in the implementation of this Promotion or with the use of the Prizes.
5.5 The Promoter reserves the right, at any time, to verify the validity of entries, Entrants and any other persons submitting entries (including a person's identity, age, agency of occupation and place of residence). Identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.
5.6 The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
5.7 If the 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, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
5.8 Except for any liability that cannot be excluded under the Consumer Guarantees (as defined below) or other applicable law, the Promoter (including its officers, employees and agents) and the Prize Sponsor (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury, death 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: any technical difficulties or equipment malfunction (whether or not under the Promoter's and/or the Prize Sponsor’s control); any theft, unauthorised access or third party interference; 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 and/or the Prize Sponsor; any variation in Prize value to that stated in these Terms and Conditions; any tax liability incurred by any Entrant; any Prize; or use of the Prize. In these Terms and Conditions, 'Consumer Guarantees' means the consumer guarantees which apply to the supply of products or services under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, or other similar legislation of a state or territory of Australia.
5.9 To the extent permitted by law, Entrants agree to indemnify and hold harmless the Promoter and the Prize Sponsor and each of their agents, instrumentalities, officers and employees and to keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees on a solicitor and own client basis), claims and damages arising from any breach by the Entrant of these Terms and Conditions and any award, acceptance, use of or participation in, any component of a Prize, including any personal injury suffered by the winner in using the Prizes.
5.10 The Promoter's decision in relation to any aspect of the Promotion is final and binding on every individual who enters the Promotion and no correspondence will be entered into.
5.11 The Promoter may require the winners to partake in media exposure, including but not limited to future promotional, marketing and publicity without any further reference, payment or other compensation.
5.12 The Promoter may also use the name of the winners for promotional purposes without compensation, except where a winner advises the Promoter otherwise when accepting the Prize.
5.13 By entering the Promotion, unless the Promoter is otherwise advised, Entrants consent to the Promoter using their personal information for facilitating the Promotion, awarding the Prize and future similar promotional, marketing and publicity purposes and disclosing that information to its related bodies corporate and contractors for those purposes.
5.14 The Promoter collects personal information (PI) for the purpose of conducting this Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes surrounding this Promotion. Entry is conditional on providing this PI. The Promoter will use and handle PI as set out in its privacy policy, which can be viewed at https://www.ncl.com/au/en/about/australia-privacy-policy (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. In order to do this, the Promoter may share the Entrant’s details with its service providers who are contract-bound to protect the Entrant’s privacy. 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. More information can be obtained by calling 1300 255 200 during office hours.
5.15 The Promoter reserves the right to vary these Terms and Conditions from time to time. The latest version of these Terms and Conditions can be viewed on this page; https://partnersfirstrewards.ncl.com/walkforwellness/cabingiveawayconditions.
5.16 Authorised under ACT Permit No TP21/01639