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    Melbourne Airport & Jetstar Spotter's Day Competition Terms and Conditions

    Winners of the initial stage competition:

    Alex Petrovic
    Christie Tobias
    Colin Green
    Duncan Fenn
    Ella Harford
    Graham Mahoney
    Ian Gains
    James Pentland
    Kristy Roberts
    Manjula Gallella
    Matthew Wolff
    Michael Demura
    Nathan Long
    Nicolas Chételat
    Peter Prakongtham
    Peter Sweetten
    Phillip Gelling
    Shaun Scott
    Thomas Li Mow Chee
    Yiwen Song




    By entering the Melbourne Airport & Jetstar Spotter’s Day competition (Competition), you acknowledge that you have read these Terms and Conditions and that you agree to be bound by them. Information on how to enter forms part of these Terms and Conditions. Entry into the Competition is deemed acceptance of these Terms and Conditions.

    The Competition is comprised of two parts: a first stage (Initial Stage), and a second stage (Subsequent Stage).

    This Competition is being run by Australia Pacific Airports (Melbourne) Pty Ltd ABN 62 076 999 114 of Level 2, Terminal 4, Melbourne Airport, Tullamarine, Victoria, 3043 (Promoter). To contact the Promoter, please call (03) 9297 1523. 

    WHO CAN ENTER
    1.    To be eligible to enter the Competition you must: 
    a.    reside in Victoria;  
    b.    be aged 18 years or over; and
    c.    be a member of the ‘Melbourne Aircraft Spotters Group’ on Facebook.
    2.    The following persons are not eligible to enter the Competition:
    a.    employees, directors or officers of the Promoter or Jetstar; 
    b.    any companies or agencies (or employees, directors or officers of companies or agencies) associated with this Competition; or 
    c.    immediate family members of any of the above.  
    Immediate family means any of the following: 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 first cousin.
    3.    Only the winners of the Initial Stage that attend the Spotter’s Day on Thursday 28 November 2019 are eligible to enter the Subsequent Stage.

    HOW TO ENTER (INITIAL STAGE)
    4.    The competition period commences at12pm AEDT on Thursday 31 October 2019 and ends at 12:00pm AEDT on Monday 11 November 2019 (Initial Competition Period).  The Promoter reserves the right to change or extend the Initial Competition Period at any time (subject to regulatory approval, if required).
    5.    To enter the Initial Stage of the Competition, you must, during the Initial Competition Period, email 3 photos you have taken whilst plane spotting at Melbourne Airport to [email protected], together with your name and relevant contact details. You should clearly mark your entry as being for the purposes of the Competition.
    6.    In submitting an entry, you warrant to the Promoter that you personally took the photographs, and own all intellectual property rights in the photographs.  You agree to indemnify the Promoter and Jetstar Airways Pty Ltd (Jetstar) for any losses suffered, whether direct or indirect, as a result of this warranty being incorrect.
    7.    You unconditionally and irrevocably grant the Promoter and Jetstar a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable licence to use the photographs that you submit (including but not limited to reproducing, publishing, adapting and communicating the whole or any part of the photographs that you submit) in publications, promotional and marketing material and on its or their website(s), and for such other use as the Promoter and/or Jetstar may see fit.  You will retain the copyright in the photographs.  You consent to the photographs that you submit being used in a manner that would, but for you consenting to such a use, infringe your moral rights.
    8.    No entries will be accepted outside the Initial Competition Period.  Incomplete, incoherent or inappropriate entries, as determined by the Promoter in its sole discretion, will be invalid.
    9.    There is a limit of one entry per person meeting the above criteria. 
    10.    The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s age, identity, place of residence and employer). 
    11.    The Promoter may, in its sole discretion, disqualify or not accept any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process or engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Errors and omissions in Competition entries may 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 these rights. The Promoter is not required to notify you if it disqualifies or does not accept your entry, nor give you reasons in relation to such decision.

    PRIZE (INITIAL STAGE)
    12.    The prize for the Initial Stage comprises of the opportunity to attend Melbourne Airport on Thursday 28 November 2019 with access to designated areas of the airfield, and the ability to take photos of aircraft (Spotter’s Day).  The total financial prize value is $400  Prize winners are responsible for getting to Melbourne Airport for the Spotter’s Day, including the costs of any related travel to the airport.  Any incidental costs relating to the prize are the responsibility of the prize winner.
    13.    Prize winners who attend the Spotter’s Day will be escorted at all times by staff of the Promoter and/or Jetstar.  You must follow the directions of staff of the Promoter and/or Jetstar at all times, including directions about what may not be photographed (Prohibited Content).  If you photograph any Prohibited Content, whether deliberately or inadvertently, you must immediately delete all photographs containing Prohibited Content and any copies. You may be requested to leave the Spotter’s Day if you do not strictly abide by the directions of staff of the Promoter or Jetstar (whether given at the time or prior to the Spotter’s Day). You will be required to send all photographs taken by you on the Spotter’s Day to the Promoter.
    14.    The prize winners must disclose to the Promoter any matter which may make them unsuitable to attend the airfield.  This may include, but is not limited to, any charges or convictions for any civil aviation or national security offence.  If required by the Promoter, prize winners must sign a declaration to such effect prior to participating in the Spotter’s Day. Prize winners may also be required to apply for and obtain necessary certifications before being granted access to the airfield.
    15.    Each prize winner indemnifies the Promoter and Jetstar for any loss, whether direct or indirect, caused by the negligence or wilful act or omission of the prize winner, or the failure to disclose a relevant matter in accordance with paragraph 14.
    16.    The prize is not transferable for a date other than the package date specified.  Prize winners who do not attend Melbourne Airport at the date, time and location specified by the Promoter will forfeit the prize.  Prize winners acknowledge that for logistical reasons, any late attendance may result in forfeiture of the prize.
    17.    The prize winners are unable to assign or transfer the prize to anyone else.
    18.    If a prize (or part of a prize) is not available for any reason, including inclement weather, the Promoter reserves the right to change the date of the Spotter’s Day in its sole discretion, or otherwise substitute the prize with another item of equal or greater value if the winner agrees in writing and subject to any required approvals from regulatory authorities.  If the winner does not agree despite reasonable attempts by the Promoter to reach an agreement and the prize is not available due to circumstances beyond the Promoter's control, the Promoter may substitute the prize with another item or items determined by the Promoter to be of equal or higher value.
    19.    Prize winners acknowledge that the Promoter reserves the right to eject any prize winner for any inappropriate behaviour, including but not limited to intoxication or disruptive behaviour or failure to comply with the directions of staff of the Promoter and/or Jetstar, whilst participating in any element of the prize.  The Promoter shall have no liability to the winner in the event that this occurs and the relevant aspect of the prize will be forfeited.

    SELECTION OF WINNERS (INITIAL STAGE)
    20.    There will be 20 winners of the Initial Stage chosen by the Promoter and Jetstar. The judging will take place at the Promoter’s offices at Level 2 Terminal 4, Departure Drive, Melbourne Airport, 3065 at12:00pmam AEDT on Monday 11 November 2019.
    21.    Entrants will be judged on the quality of the submitted aeroplane photography in the Promoter and Jetstar’s absolute discretion.The decisions of the judges are final and binding and no correspondence will be entered into.
    22.    The prize winners will be notified by email within 2 business days of the selection (Initial Prize Notification Email) and the name of the prize winners will be published on the Melbourne Airport & Jetstar Spotter's Day terms and conditions page once the winners are confirmed. 
    23.    The prize winners will need to provide information required by the Promoter (including ‘personal information’ as defined in the Privacy Act 1988 (Cth)) in the time required as specified in the Initial Prize Notification Email to ensure the prize winners can be published and issued with the appropriate Visitor’s Pass and other necessary credentials.

    SECOND CHANCE SELECTION (INITIAL STAGE)
    24.    If any prize winners do not respond within 48 hours of the Initial Prize Notification Email, they will automatically forfeit their prize and the Promoter and Jetstar reserve the right to select another winner through a second chance selection process.
    25.    If necessary, a second chance selection process will be held on Wednesday 15 November 2019 at the same time and place as the first selection, subject to any written directions from a regulatory authority.
    26.    The second chance winner/s will be notified by email within 24 hours of the second chance selection and the name of the winner/s will be published on the Melbourne Airport & Jetstar Spotter's Day terms and conditions page within 48 hours.
    27.    The decisions of the judges in any second chance selection will be final and binding and no correspondence will be entered into.

    HOW TO ENTER (SUBSEQUENT STAGE)
    28.    The photographs (of Jetstar aeroplanes only) taken by the prize winners of the Initial Stage at the Spotter’s Day will be automatically entered into the Subsequent Stage of the Competition following paragraph 30 below.  
    29.    The competition period for the Subsequent Stage commences at 5am AEDT on Thursday 28 November 2019 and ends at 12:00pm AEDT on Thursday 28 November 2019 (Subsequent Competition Period).  The Promoter reserves the right to change or extend the Subsequent Competition Period at any time (subject to regulatory approval, if required). 
    30.    The prize winners of the Initial Stage who attend the Spotter’s Day must, during the Subsequent Competition Period, email all of the photos they have taken during the Spotter’s Day at Melbourne Airport to [email protected] by 9:00am AEDT on Monday 2 December, together with their name and relevant contact details.
    31.    In submitting your photographs, you warrant to the Promoter that you personally took the photographs on the Spotter’s Day and own all intellectual property rights in the photographs, and that the submitted photographs comprise the entirety of the photographs taken by you on the Spotter’s Day.  You agree to indemnify the Promoter and Jetstar for any losses suffered, whether direct or indirect, as a result of this warranty being incorrect.
    32.    You unconditionally and irrevocably grant the Promoter and Jetstar a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable licence to use the photographs that you submit (including but not limited to reproducing, publishing, adapting and communicating the whole or any part of the photographs that you submit) in publications, promotional and marketing material and on its and their website(s), and for such other use as the Promoter and/or Jetstar may see fit.  You will retain the copyright in your photographs.  You consent to the photographs that you submit being used in a manner that would, but for you consenting to such a use, infringe your moral rights.
    33.    No entries will be accepted outside the Subsequent Competition Period.  Incomplete, incoherent or inappropriate entries, as determined by the Promoter in its sole discretion, will be invalid.
    34.    There is a limit of one entry per person meeting the above criteria. 
    35.    The Promoter may, in its sole discretion, disqualify or not accept any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process or engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Errors and omissions in Competition entries may 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 these rights. The Promoter is not required to notify you if it disqualifies or does not accept your entry, nor give you reasons in relation to such decision.

    PRIZE (SUBSEQUENT STAGE)
    36.    The total prize value for the Subsequent Stage is $1,000. Any incidental costs relating to the prize are the responsibility of the prize winner.
    37.    The prize package includes: for the first placed entry, a return flight for two people to any Jetstar domestic destination departing from Melbourne Airport (Tullamarine) (subject to availability)— valued at$500; for the second placed entry, a model of a Boeing 787 aircraft — valued at $400; and for the third placed entry, a $100 Jetstar voucher — valued at $100.  First and third place prizes are subject to Jetstar’s terms and conditions, available https://www.jetstar.com/au/en/terms-and-conditions
    38.    The prizes are not transferable.
    39.    The prize winners are unable to assign the prizes to anyone else.
    40.    If a prize (or part of a prize) is not available for any reason, the Promoter reserves the right to substitute the prize with another item of equal or greater value if the winner agrees in writing and subject to any required approvals from regulatory authorities.  If the winner does not agree despite reasonable attempts by the Promoter to reach an agreement and the prize is not available due to circumstances beyond the Promoter's control, the Promoter may substitute the prize with another item or items determined by the Promoter to be of equal or higher value.

    SELECTION OF WINNERS (SUBSEQUENT STAGE)
    41.    There will be 3 winners (first, second and third) chosen by the Promoter and Jetstar. The judging will take place at the Promoter’s offices at Level 2 Terminal 4, Departure Drive, Melbourne Airport, 3065 at 12:00pm AEDT on Monday 2 December 2019.
    42.    Entrants will be judged on the quality of the photography of Jetstar aeroplanes only taken on the Spotter’s Day in the Promoter and Jetstar’s absolute discretion. The decisions of the judges are final and binding and no correspondence will be entered into.
    43.    The prize winners will be notified by email within 2 business days of the selection (Subsequent Prize Notification Email) and the name of the prize winners will be published on the Melbourne Airport & Jetstar Spotter's Day terms and conditions page once the winners are confirmed. 

    SECOND CHANCE SELECTION (SUBSEQUENT STAGE)
    44.    If any prize winners do not respond within 48 hours of the Subsequent Prize Notification Email, they will automatically forfeit their prize and the Promoter reserves the right to select another winner through a second chance selection process.
    45.    If necessary, a second chance selection process will be held on Wednesday 4 December 2019 at the same time and place as the first selection, subject to any written directions from a regulatory authority.
    46.    The second chance winner/s will be notified by email within 24 hours of the selection and the name of the winner/s will be published on the Melbourne Airport & Jetstar Spotter's Day terms and conditions page within 48 hours.
    47.    The decisions of the judges in any second chance selection will be final and binding and no correspondence will be entered into.

    PROMOTION AND MARKETING
    48.    By entering the Competition (Initial Stage and/or Subsequent Stage), the winners consent to their name being used in, and to participate in, such promotional activity and editorial activities relating to the Competition, including but not limited to being interviewed, filmed for broadcast and photographed, as the Promoter and Jetstar may require, without remuneration. The winners agree to grant the Promoter and Jetstar a perpetual and non-exclusive licence to use any such footage, recordings, materials and photographs in any media worldwide for the purpose of promoting the Competition and/or the businesses of the Promoter and Jetstar and the winners will not be entitled to any fee for such use.
    49.    The winners also consent to the use and publication of their name, image, likeness and any other details provided by the winner in any marketing material of the Promoter or Jetstar without any further reference or payment to the winner.
    50.    Prize winners who attend the Spotter’s Day agree to provide all photographs taken on the day while on the Promoter’s premises to both Melbourne Airport and Jetstar. You unconditionally and irrevocably grant the Promoter and Jetstar a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable licence to use these photographs (including but not limited to reproducing, publishing, adapting and communicating the whole or any part of the photographs) in publications, promotional and marketing material and on its website, and for such other use as the Promoter and Jetstar may see fit.  You will retain the copyright in your photographs.  You consent to the photographs that you submit being used in a manner that would, but for you consenting to such a use, infringe your moral rights.

    GENERAL TERMS (INITIAL STAGE AND/OR SUBSEQUENT STAGE)
    51.    The Promoter reserves the right to amend the Competition and these Terms and Conditions at any time and for any reason, subject to obtaining regulatory approval if required, and will notify entrants of any amendments as soon as reasonably practicable via the Melbourne Aircraft Spotters Group Facebook page. 
    52.    To the extent permitted by law, the Promoter and Jetstar (including their respective 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 the Competition including resulting from: 
    a.    any technical difficulties or equipment malfunction (whether or not under the Promoter’s or Jetstar’s control); 
    b.    any theft, 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.    the selection of any winner;
    e.    any variation in prize value to that stated in these Terms and Conditions; 
    f.    any tax liability incurred by the winner or entrant; or 
    g.    use or redemption of any prize. 
    53.    To the extent permitted by law, if the Competition cannot be run as planned including by reason of technical failure, fraud or any cause beyond the Promoter's control, the Promoter may cancel or suspend the Competition or invalidate any affected entries, subject to obtaining regulatory approval if required. 
    54.    Entry to the Competition is conditional on entrants providing certain personal information.  Any personal information entrants provide in connection with an entry may be collected, used and disclosed in accordance with these Terms and Conditions, the Promoter’s Privacy Policy available at http://melbourneairport.com.au/privacy, and Jetstar’s Privacy Policy available at https://www.jetstar.com/au/en/privacy-policy. 
    55.    The Promoter and Jetstar may, for an indefinite period, unless otherwise advised, collect personal information through the Competition and use and disclose the information to conduct the Competition and for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to entrants and any other purpose set out in the Promoter's and Jetstar’s Privacy Policies. Entrants should direct any request to opt out, access, update or correct information to the Promoter and Jetstar.  The Promoter and Jetstar may disclose personal information to subsidiary and related companies, entities associated with the Competition, third parties or regulatory bodies, including but not limited to agents, contractors and service providers for the purposes set out in this clause. 
    56.    By participating in this Competition, entrants release Facebook from any and all liability associated with this Competition. The Promoter and entrants acknowledge that this Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants acknowledge that they are providing information to the Promoter and not to Facebook.
    57.    The laws of Victoria apply to this Competition. Entrants submit to the exclusive jurisdiction of the laws of Victoria. 
    58.    Clauses 6, 7, 15, 31, 32, 48, 49, 50, 52, 54, 55, 56 and 57 of these Terms and Conditions survive the expiry of the Initial Competition Period and Subsequent Competition Period.