Review Competition Terms & Conditions

Written 03/02/22

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.

2.  Who can enter?

2.1.  The Sailing Whitsunday’s Review Competition (“SWRC”) is open to guests who have undertaken any tours booked with Sailing Whitsundays in the last 6 months.

2.2.  The SWRC is open to guests who have physically undertaken a tour booked through Sailing Whitsundays. Guests who have cancelled or re-scheduled tours that are yet to happen are not eligible for entry.

2.3.  There is no age limit on entering SWRC. For participants under 18 years, a parent or guardian’s consent is required. The consenting guardian is then bound by these Terms and Conditions.

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

3.  How to enter

3.1.  Entries will be accepted on any day (until the competition is ceased) with one winner being drawn on the last day of every month.

3.2.  Entrants must follow the instructions provided through their direct link emailed after their tour experience. In the case of any inconsistency between these Terms and Conditions and the SWCR instructions, the emailed instructions will prevail.

3.3.  Each entry must comply with these Terms and Conditions and requirements, submitting a full and complete review with a star rating and typed comment of your experience.

3.4 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 persons’ rights of privacy.

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

4.3.  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 at random on the last day of every month by the Promoter. 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.   Each monthly winner will receive a refund of their individual ticket cost.

6.2.  Each monthly winner will be contacted on or after the last day of every month (until the competition is closed). Winners will be contacted directly by the Promoter through email.

6.3.  Each monthly winner will be responsible for providing correct and complete details for bank transfer of their refund prize amount. 

6.4.  The Promoter accepts no responsibility for incorrect bank details supplied by winners resulting in an incorrect bank transfer. In this instance, the winner forfeits their rights to the refund prize.

6.5.  The refund amount does not include any additional costs to your ticket including but not limited to booking fees, add-on experiences, food and drink purchases, additional fees, accommodation costs and transport costs.

6.6.  The refund amount is valid only for a single ticket. Family bookings, group bookings and child tickets are not included in the refunded prize amount.

6.7.  The refunded amount is equivalent to the cost of your ticket at the time of purchase. Any change in price to the tour after the time of purchase will not be considered the refundable prize amount.

6.8.  The Promoter reserves all rights to determine the refundable prize amount with complete discretion. 

6.10.  All decisions regarding refunds from the Promoter are final.

6.11.  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 have the final decision on what to do with the prizes.

6.12. 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.

6.13. 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).

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.  By entering SWRC, 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.

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 any point where the competition needs to be postponed, all previous entries will be automatically included when the competition recommences.

7.7.  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 contents 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, address, phone number 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 which 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 which 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.