TERMS & CONDITIONS
- Information on how to participate in the ‘Care to Share’ campaign (the Campaign) held by Hyatt Regency Corporation Pty Ltd (ABN 40 001 027 354) form part of these Terms and Conditions.
- Your participation in the Campaign is deemed to be your acceptance of these Terms and Conditions.
- If there is any inconsistency between these Terms and Conditions and anything else that refers to the Campaign, then these Terms and Conditions will prevail.
- The Promoter is Hyatt Regency Corporation Pty Ltd (ABN 40 001 027 354) of 1 Parliament Square, Off Parliament Place, Melbourne, Victoria 3002.
- In these Terms and Conditions and the Campaign:
- Campaign means the ‘Care to Share’ campaign held by the Promoter;
- Instagram Account means the Hyatt Australia Instagram account;
- Instagram Member means a person who has registered, been accepted as and continues to be a member of Instagram and has agreed to all relevant and current terms and conditions of that membership;
- Participant means a participant in the Campaign;
- Promoter means Hyatt Regency Corporation Pty Ltd (ABN 40 001 027 354) of 1 Parliament Square, Off Parliament Place, Melbourne, Victoria 3002; and
- Submission means a submission made by a Participant in connection with the Campaign.
- The Campaign commences at 9:00am AEST on 1 October 2014 and entries close at 11:59pm AEDT on 30 November 2014 (the Campaign Period).
Eligibility of Participants
- Participation in the Campaign is only open to those persons who are:
- Permanent residents of Australia; and
- Aged 18 years or older.
- Immediate family members of the Promoter and their associated agencies and companies connected with the Campaign are eligible to participate in the Campaign.
Participation in the Campaign
- You are also required to do, at least, one of the following:
- Visit the inahyattworld.com.au website and complete the official form by entering your personal details as requested, create a message and enter details of the recipient, if sending the Post-it® note via email; or
- Log into Twitter and tweet a photo of the Participant’s Post-it® note received during a stay at Park Hyatt Sydney, Park Hyatt Melbourne, Hyatt Hotel Canberra – A Park Hyatt Hotel, Grand Hyatt Melbourne or Hyatt Regency Perth and include the #hyattaustralia hash tag; or
- Log into Instagram and post a photo of the Participant’s Post-it® note received during a stay at Park Hyatt Sydney, Park Hyatt Melbourne, Hyatt Hotel Canberra – A Park Hyatt Hotel, Grand Hyatt Melbourne or Hyatt Regency Perth and include the #hyattaustralia hash tag.
- Each participant may submit multiple Submissions during the Campaign Period.
- Submissions must not include any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate.
- There will be no prizes given to any Participant in connection with the Campaign. However, the Promoter may, in their absolute discretion, provide Gifts to Participants during the Campaign Period.
- The Promoter is not obliged to provide any particular number of Gifts or Gifts of any particular value during the Campaign period.
- The following general conditions apply to the entire Campaign:
- All Submissions must be the work of the individual submitting them and must not have been published elsewhere or have won a prize in any other competition or promotion.
- Each Participant warrants to the Promoter that all Submissions that they make are an original literary or artistic work of the Participant and that their Submissions do not infringe the copyright of any third party or any laws.
- Each Participant 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 paragraph 17 above.
- Participation in the Campaign is considered acceptance of the following:
- a complete release of Instagram by any entrant;
- an acknowledgement that this Campaign is in no way sponsored, endorsed or administered by, or associated with Instagram; and
- that the information provided by each Participant is provided to the Promoter and not to Instagram.
- Participation and entry in this Campaign is conditional upon the Participant complying with all rules, regulations and guidelines set down by Instagram.
- The Promoter reserves the right, at any time, to verify the validity of all Submissions and the eligibility of all Participants, including their identity, age and place of residence. The Promoter also reserves the right to disqualify any Participant, who makes a Submission that is not in accordance with these Terms and Conditions or who tampers with the submission process, or who has, in the opinion of the Promoter, engaged in conduct in entering the Campaign which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Campaign and/or the Promoter.
- Incomplete, indecipherable or illegible Submissions will be deemed invalid by the Promoter.
- Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of their rights does not constitute a waiver of those rights.
- The use of any automated entry software or any other mechanical or electronic means by a Participant to automatically make Submissions is prohibited and will render all Submissions for that Participant invalid.
- Any costs associated with becoming eligible to apply, applying or participating in this Campaign, such as access to the Internet and download costs, will be at the cost of the Participant.
- A Participant must not, under any circumstances, use the inahyattworld.com.au website to send any message to any recipient that is, or may be deemed to be, commercial in nature.
The following terms relate to the provision of any Gift to a Participant by the Promoter during the Campaign Period:
- A Gift (or any part of a Gift) is not transferable or exchangeable and cannot be taken as cash.
- Should a Participant’s contact details change during the Campaign Period, it is the Participant’s responsibility to notify the Promoter.
- To the extent permitted by law, the Promoter makes no representations or warranties as to the quality or the suitability of a Gift.
- As a condition of accepting a Gift, the recipient of the Gift may be required to sign a legal release and indemnity form.
- The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected submissions, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
Variation of the Campaign
- The Promoter may, in their absolute discretion, but subject to any relevant law, disqualify a Participant, modify, suspend, cancel or recommence this Campaign, as appropriate, if:
- for any reason, this Campaign is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical or software failures or any other causes beyond the control of the Promoter, which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Campaign; or
- the submission process is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
- Where the Promoter does modify, suspend, cancel or in any way amend the Campaign, the Promoter will provide notice of this on the Instagram Account.
- Any cost associated with accessing any website or app associated with the Campaign is the responsibility of the Participant and is dependent on the Internet service provider used.
Limitation of liability
- 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 this Campaign, including, but not limited to, where arising out of the following:
- any technical difficulties or equipment malfunction (whether or not under the control of the Promoter); or
- participation in the Campaign.
- Paragraph 35 above does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
Use of personal information
- Participants consent to the Promoter using the Participant’s name, likeness, image and/or voice, in any media for an unlimited period without remuneration for the purpose of promoting the Campaign (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- The Promoter collects personal information in order to conduct the Campaign and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, gift suppliers and, as required, to Australian regulatory authorities. Participation in the Campaign 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 Participant.
- Participants should direct any request to access, update or correct information to the Promoter.
Ownership of submissions
- All Participants will retain ownership of copyright in any Submission made in connection with the Promotion. However, in making a Submission and entering the Promotion, a Participant provides the Promoter with a world-wide, royalty free and irrevocable licence to use the content of any Submission made in connection with the Campaign.
- The Promoter will not, at any time, return any Submission to any Participant.
- If any term or condition contained herein shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and conditions shall not be affected.
- The laws of Victoria apply to this Campaign to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria.