Instagram Competition Giveaway Terms & Conditions

1.  General

1.1.  This review competition is conducted by Sailing Whitsundays under The Travel Shop company (license number 3178713) (“the Promoter”).

1.2.  Information on how to enter and on prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.

1.3.  To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

1.4.  This is a non-acquisitive competition governed by these Terms and Conditions. All instructions relating to the competition sent via email post-tour also form part of the Terms and Conditions.

1.5.  The Promoter reserves the right to amend these Terms and Conditions. The Promoter may also cancel or suspend this competition at any time, and if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.

1.6. The Promoter reserves all rights to cease the competition and prizes at any time at their complete discretion.

1.7.  This promotion is in no way sponsored, endorsed, administered by or associated with Instagram or Meta Platforms.

2.  Who can enter?

2.1.  The Sailing Whitsundays Competition (“SWC”) is open to guests who have:

1. Tagged valid accounts and/or reshared the correct and original SWC post to their Instagram account according to the competition rules outlined in these Terms and Conditions.
2. Followed Sailing Whitsundays and continue to follow Sailing Whitsundays on Instagram.

2.2.  To enter the SWC, you must be over 18 years of age. 

2.3.  Employees and participating operators of Promoter are not eligible to enter the competition.

3.  How to enter

3.1.  Entries will be accepted on the dates outlined on the original Instagram post in AEST.

3.2.  To enter, entrants can:

1. Tag a valid Instagram account in the comments of the original SWC post on Sailing Whitsunday's official Instagram page (@sailingwhitsundays).

2. Using a valid, genuine and personal Instagram account, reshare the original SWC post onto their story for 24 hours.

3.3.  Up to ten entries per person are permitted. One entry is received for every valid, unique account tagged in the comments of the original SWC post. One entry in total is received if you share the original SWC post to your Instagram story for 24 hours.

3.4. Entrants must follow and continue to follow the Sailing Whitsundays (@sailingwhitsundays) Instagram account.

3.5.  The Promoter is not responsible for any misdirected, late or incomprehensible entries in the competition.

4.  Submission guidelines

4.1.  Each entry must be comprised of original comments produced entirely by the entrant. It must not contain any copyright material owned in whole or in part by a third party or violate any person’s rights of privacy.

4.2. To be considered valid, each entry must:

1. Comply with these Terms and Conditions and requirements.

2. Be using a valid, personal and genuine Instagram account. Using spam accounts, robot accounts or fake accounts will not be considered a valid entry. The Promoter reserves the right to determine which accounts are valid at their complete discretion.

3. Be tagging a valid and genuine Instagram account. Tagging any spam accounts, robot accounts or fake accounts will not be considered a valid entry. The Promoter reserves the right to determine which accounts are valid at their complete discretion.

4. Be shared by a valid and genuine Instagram account. Using spam accounts, robot accounts or fake accounts will not be considered a valid entry. The Promoter reserves the right to determine which accounts are valid at their complete discretion.

5. The entrant account must be following and continue to follow the Sailing Whitsundays (@sailingwhitsundays) Instagram account.

4.3.  All details provided by the entrant must be true and accurate.

4.4.  Entries that are found to breach these Terms and Conditions will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. Without limiting the generality of the foregoing, the Promoter reserves the right to take legal action against anyone found to have breached these terms. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these 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 are reserved.

5.  Deliberation

5.1.  Winners will be chosen on the date specified on the original Instagram post in AEST. The Promoter reserves all rights to select winners at their complete discretion.

5.2.  There will be no correspondence between entrants and Promoters throughout this process.

5.3.  All decisions from the Promoter are final.

6.  Prizes

6.1.   The winner of the SWC will win the outlined prizes in the original and official Instagram post.

6.2.  Prizes are not transferable or exchangeable and cannot be taken as cash.

6.3.  Sailing Whitsundays reserves the right to select the operators and specific tours within this package according to availability. This process is entirely up to the discretion of Sailing Whitsundays.

6.4.  The prize is eligible for the winner and selected guest/s. Tours are not transferable, and only the winner and selected guest/s is permitted to undertake each prize tour.

6.5. Generally, this prize package is valid for travel within 1 year of the winner announcement (excluding travel within high season periods. However, validity of certain prizes may be subject to supplier timeframes.

6.6.  All prizes, tours and stays are subject to supplier terms and conditions which function separately from Sailing Whitsundays. Winners are responsible for reading and understanding the Terms and Conditions from prize suppliers.

6.7.  If the winner wants to travel during the high season, they may upgrade their tours at an additional cost. This cost is calculated at the complete discretion of Sailing Whitsundays and suppliers.

6.8.  The winner will be contacted within a reasonable time after the competition is closed. Winners will be contacted directly by the Promoter through Instagram direct message from our official Instagram account. Sailing Whitsundays is not responsible for any losses through communications and/or scammers.

6.9.  Sailing Whitsundays holds no responsibility for the inability to claim their prize due to lack of access to their account or any other reason. In this instance, the winner forfeits their rights to the refund prize.

6.10.  The winner will be responsible for providing correct and complete details for their tickets.

6.11.  All decisions regarding prize experiences from the Promoter are final.

6.12.  Any prize recipients subsequently found by the Promoter to have breached these Terms and Conditions must return any awarded prize within 30 days of a request to do so. The Promoter will make the final decision on what to do with the prizes.

6.13. The Promoter will not be responsible for any costs associated with winning or delivery of the prizes unless specifically stated in these Terms and Conditions.

6.14. Prizes are not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Vouchers need to be fulfilled within the terms and conditions of the providers. Prizes will be sent to the winner’s nominated address (Australia only).

6.15.  The Promoter is not responsible for any additional or lost costs associated with undertaking these tours, including but not limited to, flights, additional transport, travel insurance, lost/damaged luggage, accommodation, medical expenses, food and drinks.

6.16.  The Promoter strongly suggests the winner acquires travel insurance before and for the duration of their travel. The Promoter is not responsible for any lost costs associated with cancellations and weather events.

6.17.  Participants are warned to watch out for fake profiles. The official Instagram account (@sailingwhitsundays) will be the only ones used to contact the winner. – Sailing Whitsundays will not be reaching out to the winner via emails during the competition period until the winner has been confirmed via Instagram. Please be careful of fake emails circulating. Participants and winners will only ever be contacted from the official Instagram accounts of both parties.

7.  Rights

7.1.   The Promoter asserts the right to display, use, remove or distribute participant’s reviews indefinitely, at the Promoter’s complete discretion.

7.2.  The Promoter reserves the right to use participant reviews as marketing material on websites, social media and affiliated platforms. 

7.3.  Participants must be willing to share, capture and film footage of their trip with Sailing Whitsundays. If the winner is unwilling or unable to provide such content, they may be disqualified.

7.3.  By entering SWC, entrants grant the Promoter use of credited images and text through the Promoter’s website, newsletter and social media channels to promote The Travel Shop and its initiatives at any time in the future. The winner must grant Sailing Whitsundays full rights to use, reproduce, edit, and distribute such footage and images for marketing, promotional, and advertising purposes, both online and offline, without any further compensation.

7.4.  The Promoter will not be liable for any third-party misuse of reviews.

7.5.  Each entrant acknowledges that the Promoter is under no obligation to use their entry.

7.6.  If there is a point when the Promoter must cancel the competition, the Promoter holds no responsibility to existing entrants.

8.  Website use

8.1.  You must not use the Sailing Whitsundays website content to distribute, reproduce, publish, alter, modify, create derivative or exploit such content for commercial benefit.

8.2.  You may not transmit any unsolicited or unauthorised advertising, collect any available personal information from the Sailing Whitsundays Website on other individuals or upload personal information of other individuals, including their names, addresses, phone numbers or any other identifying information.

8.3.  APA cannot guarantee the continuous integrity of its servers. As a result, you may at times experience disruption or other difficulties in using the Sailing Whitsundays Website. The Promoter has no liability for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the Sailing Whitsundays Website. The Promoter is not responsible for any failure of equipment or technical error associated with the competition or for any incorrect information, commission, interruption or delay in operation.

8.4.  The Promoter is not responsible for any theft, unauthorised access or distribution of any entries. 

9.  Privacy Collection Statement

9.1. By submitting an entry into this competition, entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants and voters will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.

9.2.  The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at https://sailing-whitsundays.com/privacy.  You may request access to or access to or update your personal information or lodge a complaint by writing to The Travel Shop at admin@mr-travel.com.

10.  Liability and Governing Law

10.1. With respect to this competition, except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including for 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, relating to, or in any way connected with: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’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; or (d) any tax liability incurred by a winner or entrant.

10.2. To the maximum extent permitted by law, the Promoter expressly disclaims liability for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any personal injury that is suffered or sustained in connection with any entrant’s participation in the competition or the acceptance of the prizes. The winners indemnify the Promoter against any liability, injury, loss or damage which may be suffered, incurred or sustained by the Promoter arising out of, relating to, or in any way connected with, any act or omission (including negligence) by the winners, or their use of the prizes, or their breach of these Terms and Conditions.

10.3. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.

10.4.  The competition is governed by the laws of Queensland, Australia. Each entrant irrevocably agrees that the courts of Queensland shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes that may arise out of or in connection with the competition and, for these purposes, each entrant irrevocably submits to the exclusive and binding jurisdiction of the courts of Queensland.

For any queries about the review competition, don't hesitate to reach out to a team member through the contact us page.