UNITED AIRLINES SAN FRANCISCO COMPETITION
TERMS & CONDITIONS (“CONDITIONS OF ENTRY”)
United Airlines San Francisco Competition
NXsports Community Foundation Limited ABN 99 145 432 006, 2/215 Wharf Street, Spring Hill, QLD
4000, Australia. Ph: 07 3124 6099
Start date: 09/03/23 at 11:00 am AEST End date: 29/03/23 at 11:59 pm AEST
Entry is only open to registered riders in the Australian Unity Tour de Brisbane on Sunday 2 April 2023 who are 18 years and over.
How to Enter:
To enter the Promotion, the entrant must:
1. Register for any event as part of the Australian Unity Tour de Brisbane on Sunday 2 April 2023 by submitting the online entry form with their personal details (first name, last name, email address and state of residence) during the Promotional Period.
Only one (1) eligible entry per person will be accepted. By completing the entry method, the entrant will receive one (1) entry.
Total Prize Pool:
up to AUD $5,000.00
Number of this prize
Value (per prize)
The prize is a trip to San Francisco for two (2) people which consists of the following:
· 2 x return economy class flights from Brisbane Airport to San Francisco, USA (includes airline and airport taxes) (must be used within 12 months from when the Promotion closes (“Ticket Validity Period”)
Up to AUD $5,000.00 depending on date and exact point of departure
Draw: computerised random selection – 30/03/23 at 9:00 am AEST
• Travel itinerary will be determined by the Promoter in its absolute discretion.
• The prize winner must be available to be presented the flight tickets by a United Airlines representative on Sunday 2 April 2023 during presentations between 10.00am and 11.30am AEST in the Brisbane Showgrounds.
• Prize is subject to the standard terms and conditions of individual prize and service providers.
• The winner and his/her travel companion must depart from and return to the same departure point and travel together.
• Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
• Travel must be completed outside of any blackout periods which apply during school holidays and public holidays in the Australian State or Territory of departure. See prize description for further travel timing restrictions.
• The winner and any of their travel companions are responsible for having a valid passport and obtaining any and all visa requirements and travel insurance for the travel when necessary and if applicable.
• Any additional flights or amendment to travel outside of the travel inclusions specified in the prize description will be at winner’s own expense.
• Prior to booking travel arrangements via Agency Assist (email@example.com), the winner and any passengers must check United Airline’s schedules for requested departure days as some destinations may operate seasonally or only operate on certain days of the week. Flights for travel may be subject to change
• Travel is on United Airlines operated flights only. Travel is not valid on codeshare flights (an arrangement whereby one flight is published under two or more airline schedules).
• Promotional seats allocated to the winner of this prize for travel are limited, and there may be times the reservation cannot be made on the winner’s preferred dates. United Airlines will use reasonable endeavours to ensure the winner is able to travel on their preferred dates but is unable to guarantee this.
• Travel can be redeemed by the winner only and may not be transferred to any other person, including family members. All tickets must be redeemed at the same time with the same itinerary.
• The prize is subject to booking and flight availability.
• Frequent flyer points will not be awarded and do not form part of the prize.
• Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, car hire, public transport, food and drink, personal expenses of and incidental to the winner and their travel companions use of the prize and/or participation in the Promotion, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included. The prize will not be transferable to another person.
• The winner (and any passengers) are not permitted to change the scope of travel as specified in the prize description, including but not limited to any changes to destinations, class of service or the length of Ticket Validity Period.
• Tickets for travel are valid for roundtrip flights between the origin and destination only, using the most direct routing. Stopovers, upgrades, and name changes are not permitted.
• Lost or stolen tickets and/or certificates will not be replaced.
• Where the winner only redeems a one-way flight as opposed to a round-trip journey, the other half (unused) portion of travel will no longer be redeemable.
• Where the winner consents to flying in a lower class of service, the price difference between classes of services will not be compensated.
• The winner cannot use the travel for any are not applicable for MileagePlus mileage accrual.
• Where the winner fails to claim the travel within the Ticket Validity Period, the winner will not be entitled to a refund or credit note for the travel.
• The winner may be required to present their credit card at check in.
• During the travel, the winner (and any passenger) must comply with any mandatory travel requirements, such as wearing face masks during flights, customer service counters and kiosks, airport lounges, gates and baggage claim areas at both the origin and destination airports.
• By providing any information to United Airlines online or offline, you consent to the collection and use of such information by United Airlines, its affiliates, partners, contractors and permitted agents as herein described and consistent with applicable laws.
• Travel may be subject to rapid changes as a result of COVID-19 and associated fast-changing government mandates and restrictions. The winner should review United Airline’s COVID-19 updates for the most current travel updates. Information can be found at the following site:
• The winner and their travelling companions are responsible for meeting all travel and health requirements for any overseas travel. It is the responsibility of the winner and their travelling companions to check with all government health authorities regarding travel requirements and eligibility. Any fines, penalties, expenditure or inability to travel as a consequence of not meeting such requirements are the sole responsibility of the winner and their travelling companions.
• The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events forming part of the prize. It is the sole responsibility of winner to check government advisories and/or conditions regarding the safety and situation of any such destinations.
• If the prize cannot be provided as intended due to any COVID 19 related restrictions or guidelines, the Promoter reserves the right to award an alternative prize in lieu.
The winner will be notified by email and phone within one (1) business day of the draw. The winner will be published at www.tourdebrisbane.org.
The prize must be claimed by 31/03/23 at 9:00 am AEST. In the event of an unclaimed prize, the prize will be redrawn on 31/03/23 at 2:00pm AEST at 2/215 Wharf Street, Spring Hill QLD 4000, Australia. The winner of the redraw will be notified by email within one (1) days of the redraw. The winner will be notified publicly (and their details published) at www.tourdebrisbane.org on 31/03/23.
1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” 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.
a) The draw will take place at 2/215 Wharf Street, Spring Hill, Brisbane QLD 4000, Australia at 9:00 am AEST on 30/03/23 using computerised random selection.
i) The first valid entry drawn will be the winner of the prize specified in the Schedule above.
b) The draw conductor may draw additional reserve entries in case an invalid entry or entrants is drawn.
c) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to) or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the time stipulated by the Promoter for travel, they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
12. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
14. For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner and their travel companions may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize. If a winner or travel companion is under the age of 18, a nominated parent or legal guardian of the winner or travel companion will be required to sign the legal release on the winner or travel companion’s behalf.
16. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).
18. If for any reason any aspect of this Promotion 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 Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
19. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
20. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
21. 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 or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
22. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
23. Unless otherwise specified, a prize is a single event for the winner (and their guests) and cannot be separated into separate events or components.
24. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
25. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
26. The promotion is in no way sponsored, endorsed, administered by, or associated with Facebook.
TERMS AND CONDITIONS AND
DISCLAIMER AND PRIVACY
Terms and Conditions – 29 July 2012. Updated 1 June 2022.
NX Biz Pty Ltd – ABN 21141818779 PO Box 1366, Kingscliff NSW 2487
NXsports Community Foundation Ltd ABN 99145432006
Queensland Office Suite 2 215 Wharf Street Spring Hill 4000
New South Wales Operations Centre 90 Chinderah Bay Drive Chinderah NSW 2487
You, Your, I
The person or party participating, or entering, or obtaining a Ticket, or making an Application
Application: a nomination for an activity paid or unpaid
COVID: recognised verification of COVID19 illness
Credit: a voucher for prizes, awards, entry, Ticket
Event: a competition, activity, promotion
Fee: total amount paid in Australian Dollars Domination
Force Majeure: meaning any act, or cause which is beyond the reasonable control of the NX
Medical: exception certificate issued by a medical practitioner
NX: the Event organiser and promotions organisation
Participant (You, I, Your) : person or party participating, or entering, or obtaining a Ticket, or making an Application as an individual, athlete, community person, volunteer, crew member
Under 18 Years Age: the entry, Application for a person under the age of 18 years completed by a legal guardian or parent who is over the age of 18
Sanction: endorsement by Triathlon Australia or AusCycling or other Peak Bodies in accordance with their rules and regulations
Refund: return of unused Fee to establish, market, build, operate an Event in the weeks prior, during and post.
Rules and Regulations: participation governed by Triathlon Australia rules, regulations and or AusCycling rules, regulations, and or other Peak Body rules, regulations
Terms and Conditions: the conditions that guide and effect the relationship between the participant and NX
Ticket: for an Event paid or unpaid
Transfer: entry, Ticket, Applications moved from Event into another Event
Understanding: the arrangement between You and NX, where NX provides a service, Event, sport which the participant agrees and authorises the paid Fee to proportionately establish, market, build, operate an Event in the weeks prior, during and post.
Withdrawal: the notification by a Participant to stop participating in writing.
The Participant (You, I, Your) agrees:
- I accept that my participation may seriously injure me or cause my death from dehydration, physical stress, personal health failure, equipment failure, accidents with other partipcants or spectators or road users, drowning, injury from racecourses, weather conditions and other unexpected causes.
- I understand that I should not participate unless I have prepared myself to an expected standard, and my physical and mental condition has been verified by a medical practitioner as being of a high personal health standard to injure the expected stresses.
- I acknowledge that the leading cause (more than 90%) of non-traumatic sudden death in competition is related to a pre-existing cardiac abnormality and I will seek medical advice for the same in advance of participating.
- I consent to NX using my name, image and likeness before, during or after the Event for Event promotional broadcasting or reporting purposes in any media.
- I am fully responsible for the security of my personal possessions, valuable items at the Event and agree NX will not be liable for replacement of any personal possessions at any time or in any location.
- I agree to participate in accordance with the State, Federal Laws; and will accept and comply with Council, Police permit conditions.
- I acknowledge participating in Events may expose me to risks to my well-being, and I accept NX cannot prevent my exposure to all risks.
- I accept my participation could result in loss of my life or my permanent injury, and I release all persons or corporations associated directly or indirectly with the conduct of the Event from all claims demands and proceedings.
- I accept a force majeure (meaning any act, or cause which is beyond the reasonable control of NX, including any act of God, strike, lock-out, act of public enemy, civil commotion, war, blockade, riot, state of emergency, fire, earthquake, storm, flood, wash-out, explosion, government restraint or any form of government intervention or epidemic or pandemic) NX may cancel the Event or change how the Event is scheduled or delivered and/or change certain elements of the Event, and accept I have no claim against the NX for any loss or damage related to cancellation or changes to the Event including but not limited to any travel, accommodation, training, medical, equipment and apparel costs.
- I agree that if a Force Majeure occurs, NX shall use reasonable endeavours to attempt to deliver the Event but shall be under no obligation to do so.
- I hereby indemnify and release Queensland Sports Management Pty Ltd, NXsports Community Foundation Limited, NX Biz Pty Ltd, Triathlon Australia Inc., Triathlon Queensland Inc., Queensland Cyclists Association Inc., AusCycling – Australian Cycling Federation Inc., and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of the Event is conducted or which is involved directly or indirectly with the Event in any manner whatsoever and promoters, sponsors and Event organizers, against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation in this Event. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.
Safety and Medical
- I consent to receive all forms of medical treatment and or be transported and or be placed in a medical facility as NX think necessary before, during or after the Event.
- I understand that medical treatment provided to me on Event courses and venues maybe limited given the isolated location, limited resources, access and timing.
- I understand that insurance cover affected for an Event Participant may not cover me for any or all injury, medical costs, loss or damage, or loss of income sustained by me.
- I accept it my responsibility to provide to the Event or make written communication to NX my medical or physical conditions from which I suffer that might affect my participation or be relevant if I require medical treatment.
- I accept the risk of participating despite my medical or physical conditions, and that NX will use its best endeavours to provide medical assistance, but if I am unconscious, NX will rely on my provided information.
- I accept the safety precautions undertaken by NX (such as race course design, race course supervision, race safety briefings) are a service to me but are not a guarantee of safety.
- I accept my responsibility to anticipate, expect and mitigate risks in the Event by not placing myself in harm’s way.
Entries, Tickets, Applications, Withdrawals
- I agree my Entry or Ticket or Application is not Transferable to any other person or party.
- I accept that I will be charged a replacement Fee to my credit card for failing to return in good condition my timing chip, or any loaned equipment to the Event.
- I agree NX may use my Fee for Event expenses that cannot be stopped despite my Withdrawal.
- I agree NX may retain my Fee to offset these expenses regardless if the Event is delivered.
- I agree that NX may postpone or modify the Event due to any reason and there will not be a Refund of my Fee.
- I agree NX may postpone the Event to a new date and I will automatically Transfer to the new Event date and then these terms and conditions will reapply.
- I agree that any Credit I receive cannot at a later point be converted to cash.
- I agree any voucher or prize will expire within 12 months of the date of issue and can not be Transferred, nor converted to cash, and must be used for a single transaction.
- I accept that if I do not complete the full Event, I am not eligible for a Refund or Transfer or Credit.
- I agree if I update my entry, I will pay the difference in price if over $10.
- I agree if I update my Entry, I am not eligible for a Refund or a Credit for the difference unless over $20.
- I accept NX may purchase abandonment insurance for major Events and if a settlement occurs, any Refunds or Credit will be pursuant to the conditions of the underwriter.
- I accept if I Withdraw due to medical reasons including COVID illness, I will provide in writing to firstname.lastname@example.org a medical certificate, or a lodged Federal Government COVID result to be eligible for an 80% Refund after deduction of costs which includes an administration processing Fee and banking charges.
- I accept if I Withdraw due to non-medical reasons I will provide a request in writing to email@example.com and agree to the following calculations, knowing that NX has expensed a portion of my Fee to establish, market, operate the Event
- Withdrawal 45 days or more prior to the Event I will receive an 80% Refund or 100% Credit
- Withdrawal 14-44 days prior to the Event I will receive a 50% Refund or 100% Credit
- Withdrawal 13 days or less prior to the Event I will receive no Refund and 100% Credit
- Withdrawal 48 hours or less prior to the Event I will receive no Refund and no Credit.
- I agree to abide by all rules and directions issued by the Peak bodies in the State in which the Event occurs, and or the National Sporting Organisation, and or the National Event organisation.
- I accept the NX may change the Event format, program, course, duration or other race conditions at their discretion, and this agreement applies to the changed conditions.
- I understand that all Events, courses, venues remain subject to final approval conditions of the stakeholders, Police, and Council.
- I accept if a minimum number of ten (10) participants do not enter a category, NX may alter the prizes at any time at their own discretion.
- I accept that for a Triathlon, if the swim is cancelled a duathlon will programmed.
- I acknowledge that there may be a minimum speed required to complete this Event, and that if I do not meet a time curfew, I will not be able to complete my ride/race.
- I consent to photographs and electronic images being taken of me before, during or after the Event by an official representative and agree these are owned by the NX.
- The Event organiser is not responsible for photographs and electronic images taken by unauthorised persons
- I have selected to receive the NX newsletter, marketing and Event updates electronically and I can unsubscribe at any time.
- I agree NX reserves the right to accept or not accept the involvement of participants, sponsors, volunteers or other persons or entities in an Event.
- I agree that NX can penalise, withdrawn, ban, take legal action against partipcants and parties that defame, discredit, inflame, agitate, discriminate, threaten, bully, abuse undermine, troll, and NX will report the matters to other Event companies or Peak Bodies.
- NX agrees to control its use of Participant’s personal information and acknowledges that providing personal information is an act of trust.
- NX will only collect personal information for its functions or activities.
- NX will only collect personal information by lawful and fair means through its Entries and Applications and use of its web information systems.
- NX will normally collect personal information including name, address, age, date of birth, gender, phone, email, emergency contact and medical information.
- NX will only share personal information to effectively operate the Event and for insurance purposes and data reporting.
- NX will not share personal information to third parties for marketing.
- NX will share limited personal information to contracted suppliers when necessary to deliver an Event such as timing of results, production of photography, personalised printing, mailing, insurance.
- NX will use personal information its direct marketing campaigns, communications via various mediums including email, direct mail, phone calls, social media, new media and SMS.
- NX will provide systems for Participant’s to ‘opt out’ of marketing campaigns but retains the personal information for communicating Event necessary information.
- NX will publish public accessible information (start list, finish results, timed results, championship ladders) including a Participant’s names, age.
- NX will not provide personal information to sponsors or partners.
- NX will compile data for research purpose and include some personal information.
- NXsports does not sell, rent or trade personal information to or with third parties.
- Under the Privacy Act, you have a right to seek access to information which NX records.
- You have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
- NX will use its best endeavour to protect your personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure.
- NX will collect personal information in some activities for those who are not members, or who are not participants, or who are not our direct customers.
PARTICIPANT DECLARATION TOWARDS UCI I hereby acknowledge that the race in which I will be taking part, i.e. a UCI Gran Fondo World Series qualifier, is part of a series that belongs to and is sanctioned by the Union Cycliste Internationale. Regardless of whether I hold a valid license (in the sense of art. 1.1.001 of the UCI Regulations), I hereby acknowledge that by taking part in the relevant race, I shall be bound by the UCI Regulations), in particular, in respect of disciplinary matters. I hereby acknowledge that by taking part in the relevant race, the UCI shall be fully entitled to use and exploit my name and image contained in any picture, video – or on any other support – taken during the race concerned. Such right may not be assigned, sold or transferred to any third party and shall be restricted to publications and promotional material relating to UCI events. I hereby acknowledge and accept that my personal details disclosed for the purpose of registering to the relevant race, shall be provided to the UCI and to the series licensee, Golazo Sports NV, for the purposes of governing the sport of cycling and managing the Gran Fondo World Series.