AAPC LIMITED’S ACCORHOTELS SOCIAL MEDIA CAMPAIGN
CONDITIONS OF ENTRY
Information on how to enter the promotion forms part of these terms and conditions. Entries not made in accordance with these terms and conditions will be disqualified.
Section 1: Promotion
1. Promoter: AAPC Limited (ABN 87 009 175 820) of Level 30, Angel Place, 123 Pitt Street, Sydney, NSW, 2000 (“Promoter”).
2. Promotion: MGallery by Sofitel #MyMemorableMoment Giveaway
MGallery by Sofitel guests (those either dining in a food and beverage outlet or staying overnight) (“Eligible Entrants”) have the opportunity to win an overnight accommodation for two at an MGallery by Sofitel property of their choosing in Australia and New Zealand, plus the properties corresponding Memorable Moment. To enter guests must post a photo of a memorable moment they experience during their stay via Facebook, Twitter, or Instagram as detailed below.
AccorHotels Australian Social Media Team will judge and award the winning Prize to the Eligible Entrant who publishes the most creative social post.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, or any other Social Network.
a) Promotional Period: The Competition commences for entry submissions at 12.01am (AEDT) on 27th August 2016. Entries close at 11.59pm (AEDT) on 30th November 2016 (“Promotional Period”). No late entries will be accepted.
Section 2: Entry to the promotion
b) Entry to the Promotion: To be eligible to participate in this Promotion:
(a) The Eligible Entrants (MGallery by Sofitel guests either dining in a food and beverage outlet or staying overnight) must post a photo of a memorable moment they experience during their stay (at an MGallery by Sofitel hotel) via Facebook, Twitter or Instagram (“Social Media”). This post must also include the campaign hashtag #MyMemorableMoment and tag @MGallerybySofitel. Please note that only public Instagram accounts have access to enter the competition as entries made on private accounts will not be seen by Promoter.
This is a game of skill and chance plays no part in determining the winner. All entries will be judged individually on their merit based on creativity. The best entry as determined by the judging panel will win the Prize.
(b) All posts entered in this Promotion must be the original work of the Eligible Entrant. Eligible Entrants confirm that their entry does not infringe the intellectual property rights of any third party. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible.
(c) Any defamatory, misleading, disruptive statements or images posted on any social networking services will render an Entrant’s entry ineligible.
Section -3: Eligibility
Eligibility: Entry is only open to Australian residents who are 18 years of age or over and have stayed or dined at an MGallery by Sofitel property in Australia and New Zealand.
Non-Eligibility: Entrants are not eligible to enter the Promotion or win the Prize if they are a director or manager, an employee or immediate family member of an employee, director or manager of the Promoter or its subsidiaries, or an employee of any hotel owned, managed or to the owner of whom the Promoter or any of its subsidiary has granted a franchise.
c) Prize Components & Conditions:
(a) Prize Components: Overnight accommodation for two at any MGallery by Sofitel property of their choosing in Australia or New Zealand. They will also receive the hotel’s corresponding Memorable Moment activity (maximum value of $2,300).
(b) Validity: Prize must be redeemed between December 2016 and December 2017. Prize redemption is subject to availability as specified by the hotel and is not available over blackout dates. Prize does not include flights.
(c) No Exchange of Prize: Prize is non-transferable and cash will not be awarded in lieu of the Prize. The Prize must be taken as stated and no compensation will be payable if the winner is unable to use the Prize as stated.
(d) Taxes: If the Prizes or receipt incurs a tax liability, the Prize Winner is liable for payment of such tax.
d) If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to state regulation and subsequent approval.
Section 5: Consents
e) Agreement to the Conditions of Entry
(a) By posting an entry via Social Media, each entrant fully and unconditionally agrees to and accepts these Conditions of Entry and the decisions of the Promoter. Any entrant found to be acting in violation of these Conditions of Entry may, in the Promoter’s sole discretion, be disqualified. Entrants shall indemnify the Promoter, against any and all claim, losses, costs, damages, liability and expenses arising out of the entrant’s breach of any of these Conditions of Entry.
(b) Each entrant grants the right to reproduce, publish, transmit or otherwise communicate to the public their entry, in whole or in part, in or using any media for any purpose without permission or payment. By entering the Promotion it is agreed that the winner will take part in any Public Relations or other promotions as requested by the Promoter without additional compensation or permission, unless prohibited by law.
Section 6: Judging and Notification of Winner
f) Judging: All valid and eligible entries will be judged by AccorHotels Australian Social Media Team, at the Promoter’s Office situated at Level 30, Angel Place, 123 Pitt Street, Sydney, NSW, 2000. The Prize will be awarded to the Eligible Entrants who in the judges’ opinion best demonstrates creative flair and the ability to drive engagement. The winner’s name will be published on MGallery by Sofitel’s Instagram account on 5th December 2016.
g) Notification and Claim of Prize: The winner will be notified by social media with a tagged congratulatory post on Instagram. The Prize must be claimed within 72 hours or will be re-drawn. The decisions of the Promoter shall be final and binding in all respects.
h) Rejudging: Subject to applicable law, in the event that the Prize remains unclaimed or forfeited, the Promoter will conduct a rejudging of entries, following the same procedure and format as set out under Section 6 (a) above, to determine the next best and most creative entry submitted during the Promotional Period.
i) Redraw Winner: The name of the winner from any redraw will be notified in writing no later than one business day after the draw and their name will be published MGallery by Sofitel’s Instagram account. In the event that this redrawn Prize Winner is not eligible, the Promoter will conduct a redraw until the Prize is awarded (subject to any further regulatory directions).
j) Any costs associated with entering the Promotion and accessing the internet are the responsibility of the Entrant.
Section 7: General Conditions
(a) To the fullest extent permissible by law, each entrant in the Promotion including without limitation the Prize Winner, releases the Promoter from any and all claims, loss, damages, expense (including any legal expense), cost, charge incurred or any liabilities arising from or relating to the acceptance of the Prize in connection with their participation in the Promotion or delivery, misdelivery, acceptance, possession, and use of, or inability to use, any prize, to the extent permitted by law.
(b) In no event will the Promoter, its related bodies corporate, their officers, employees and agents be liable to a participant for any indirect, incidental, consequential, special, punitive, or exemplary damages, loss or any personal injury whatsoever arising out of, or in connection with the Promoter, whether or not the Promoter has been advised, had reason to know, or in fact knew the possibility of such damage.
(c) Further, to the fullest extent permitted by law, the Promoter excludes liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to participants' or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion.
l) Force Majeure: Subject to any law, the Promoter is not liable for any act, omission, failure or delay by the Promoter due to any act of God, fire, strike, acts of war or terrorism, or any other condition beyond their control.
m) Disputes: In the event of a dispute, the decision of the Promoter is final and binding and no correspondence or negotiation will be entered into.
n) Limitations of Liability: The Promoter shall not have any obligation, liability or responsibility with regard to
(a) entries that contain incorrect or inaccurate information or do not comply with these Conditions of Entry
(b) entries, prize claims or notifications that are lost, late, incomplete damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, technical or other error of any kind
(c) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties.
(a) The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
(b) The Promoter may in its absolute discretion cancel the Prize or otherwise cease to provide any benefit of the Prize to the Prize Winner if the winner (or any of their companions), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this promotion, is contrary to law or is otherwise inappropriate.
(c) The Promoter may render all entries submitted by that Entrant invalid for the use of any prohibited automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly.
p) Right to Use Entries: Furthermore, by entering this Promotion, unless otherwise advised by the entrant, each entrant consents and grants the Promoter a non-exclusive, irrevocable, royalty-free, perpetual, worldwide right and license to reproduce, publish, transmit, display, edit and otherwise use the submitted Entries in whole or in part online and in print or any other media for purposes of editorials, exhibition, advertising, publicity and promotion of the campaign, and Promoter’s publications and products, without additional compensation or permission, unless prohibited by law. Uses may include future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant.
q) Social Media Conditions: Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Social Media terms and conditions:
(a) Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php. This promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: https://www.facebook.com/page_guidelines.php
(b) Instagram promotion guidelines which can be found at: https://help.instagram.com/393313264071311/
(c) Entrants must comply with all applicable Twitter terms and conditions relating to the use of their Twitter account.