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Fresh Flowers Valentine's Day Cruise Promotion - Terms and Conditions

1. www.freshflowers.com.au (“Website”) is owned and operated by Lynch Group Australia (ABN 32 001 695 665) of 5/44 Boorea Street, Lidcombe NSW 2141 (“Promoter”).
 
2. Any information on how to enter the competition forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
 
3. Entry is open to all residents of Australia aged 18 years and older. Employees and their immediate family members of the Promoter, Salmat Digital Pty Limited and Carnival Plc trading as Princess Cruises (ABN 23 107 998 443) and their associated agencies, subsidiaries and companies are not eligible to enter.
 
4. The competition commences on Monday 30 January 2017 at 9:00am AEDT and concludes on Tuesday 14 February 2017 at 10:00am AEDT (“Promotional Period”).


5. The competition will be advertised via the Website through electronic direct mail, social media channels and online display banner ads.


6. To enter, participants must:
a) Spend $100 or more on the Website during the Promotional Period;
b) Register their details including (but not limited to) full name, address, postcode, telephone number and email address;
c) Select a delivery date for these products between and including Wednesday 1 February 2017 and Tuesday 14 February 2017;
consent to OPT-IN and sign up to receive the Fresh Flowers’ newsletter and or become a member;
d) Consent to OPT-IN to receive promotional materials and communications from Princess Cruises (see Privacy Statement at clause 29 below).


7. In accordance with clause 6(d),  the Promoter’s OPT-IN options are as follows:
To OPT-IN participants have three different options to sign up to Fresh Flowers newsletter and all of these are valid ways of being included in the database:
a) Guest Checkout list – during the checkout process participants choose to checkout as a guest and will be asked if they would like to receive information or promotional collateral from the Promoter. If participants tick yes they will appear in the Promoter’s database.
b) Members List – participants can sign up to become a Fresh Flowers member.
c) Newsletter sign up – participants can sign up to the newsletter but not become a Fresh Flowers member.
 
8. Illegible, incomprehensible and incomplete entries will be deemed invalid. Participants are responsible for ensuring their correct details are provided. Should a participant’s contact details change during the Promotional Period, it is the participant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
 
9. Participants are eligible for one (1) entry per order as subject to verification of entry requirements as outlined in clause 6.
 
10. Existing customers in the Promoter’s database who fulfil entry requirements in clauses 6(a)-(e) will receive one (1) entry into the competition per valid purchase order,
 
11. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any participant who tampers with the entry process, who submits an entry that is not in accordance with these terms & conditions of entry or who has, in the opinion of the Promoter, engaged in conduct in entering the competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
 
12. Entries must be received by 10:00am AEDT on Tuesday 14 February 2017.  The time of entry will in each case be the time of receiving the purchase order confirmation into the Promoter’s database from the account holder. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
 
13. Any entry that is made on behalf of a participant by a third party will be invalid.
 
14. The prize is a 12 day New Caledonia and Vanuatu cruise on board the Sun Princess departing Sydney, NSW on 25 April 2017 in a balcony stateroom for two (2) people.
 
15. The prize includes:
a) 12 x nights’ accommodation in a balcony stateroom for two (2) people;
b) Onboard main meals (with the exception of those restaurants which have an additional cover charge) for two (2) people; and
c) Selected onboard activities, evening entertainment, and access to nightclubs (with the exception of those activities and facilities which have an additional cover charge) for two (2) people.
 
16. Total prize pool value is AUD$5,598 (inclusive of GST).
 
17. Carnival Plc trading as Princess Cruises (ABN 23 107 998 443) of Level 5, 15 Mount Street, North Sydney NSW 2060 (“Princess Cruises”) and the winner are responsible for the prize once it’s been claimed by the winner.
 
18. Once the prize has been claimed by the winner:
a) The Promoter takes no responsibility for the redemption of the prize from Princess Cruises and will no longer be concerned with the prize; and
b) The winner bears the responsibility to communicate with Princess Cruises to redeem the prize.
 
19. The prize does not include flights and/or transfers to/from the winner’s home to the departure port of Sydney, NSW. Any costs associated with transport to/from the departure port will be the responsibility of the winner and will not be borne by the Promoter. Shore excursions or other onboard activities, spending money, additional meals, taxes, insurance, passports, visas, vaccinations, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The prize must be taken on 25 April 2017.


20. The winner and their travelling companion must be 18 years of age or above. Alcohol consumption and gambling onboard are restricted to passengers aged 18 years of age or older.
 
21. Each winner and their companion are responsible for ensuring that they have the necessary and valid travel documentation including, passports, any requisite visas and vaccinations. The winner and travel companion will be responsible for any expenses incurred in obtaining necessary travel documentation, including any fines, or penalties incurred as a result of not having the requisite travel documentation. Itinerary to be determined by the Promoter in its absolute discretion. A credit card imprint or cash deposit will be required from the winner at check-in in order to board the cruise ship, for all incidental charges.


22. The prize must be taken on 25 April 2017 which will mark the commencement of the cruise. The prize is only available on this date and cannot be changed. If the winner and/or their travelling companion are, for whatever reason, unable to travel on the nominated date, or do not take an element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the winner.


 23. Prize value is based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
 
24. Independent financial advice should be sought by the winner as tax implications may arise as a result of accepting the prize.
 
25. Standard terms and conditions of travelling with Princess Cruises will apply, including any applicable age restrictions. See the Princess Cruises Passage Contact at https://www.princess.com.au which passengers will be bound by.


26. Princess Cruises reserves the right to refuse to allow a winner and/or his/her travelling companion to take part in any or all aspects of the prize if it determines in its absolute discretion that a winner and/or his/her travelling companion are not in the mental or physical condition necessary to be able to safely participate in the prize, or if they pose a risk to the safety and wellbeing of any other passenger. It is a condition of accepting the Price that the winner and/or his/her companion may be required to sign a legal release in a form determined by the Promoter and/or Princess Cruises.


27. If the prize (or any part of the prize) is unavailable, Princess Cruises, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority and/or subject to any relevant regulation or legislation.


28. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
 
29. By entering into competition, the participant consents to the Promoter providing Princess Cruises with personal information of the participant in order to administer the prize. Princess Cruises may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors and service providers in the United States and, as required, to regulatory authorities in Australia, New Zealand and the ports of call on the cruise itinerary. Entry is conditional on providing this information. Princess Cruises may, for an indefinite period, unless otherwise advised, use the information collected for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with its Privacy Policy here: http://www.princess.com/legal/legal_privacy/. Participants should direct any request to opt out from Princess Cruises’ marketing list or to access, update or correct this information to Princess Cruises by calling Princess Cruises on 1300 551 853 or writing to Princess Cruises at captainscircle@princesscruises.com.au or Level 5, 15 Mount Street, North Sydney NSW 2060. Princess Cruises will not charge participants for giving effect to such a request and will take all reasonable steps to meet such a request at the earliest opportunity.


30. Each valid participant who has entered the competition over the duration of the Promotional Period will be entered in the draw. One (1) valid participant will be drawn at random to become the winner. The draw will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060, on Monday 20 February 2017 at 10:00am AEDT.  The winner will be notified within 2 business days of the draw. The winner will be notified of their prize in writing via email. The winner will have their details (including first initial of first name, surname and state) published in The Australian on Monday 27 February 2017.
 
31. Subject to any relevant  legislation, an unclaimed prize draw will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060 on Wednesday 22 March 2017 at 11:00am AEDT. The winner of the unclaimed prize draw will be notified within 2 business days of the draw. The winner of the unclaimed prize draw will be notified of their prize in writing via email. The winner of the unclaimed prize draw will have their details (including first initial of first name, surname and state) published in The Australian on Monday 27 March 2017.
 
32. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result.
 
33. It is a condition of accepting the prize that the winner:
a) Must comply with all the conditions of use of the prize and the prize supplier’s requirements; and
b) May be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
 
34. In the case of the intervention of any force majeure event, outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same terms and conditions, subject to any directions given under any relevant regulation or legislation.
 
35. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information provided to it.
 
36. OPT-IN: By entering the competition, participants agree to OPT-IN in accordance with clause 6(d), clause 6(e), clause 7 and clause 29 of this document.  If participants OPT-IN, participants consent to the Promoter and Princess Cruises collecting, using, holding and disclosing personal information about them for the purposes of this competition.  The personal information will be held by the Promoter and Princess Cruises.  Personal information includes any information or an opinion from which a participant’s identity is apparent or reasonably apparent.  If participants do not provide the Promoter and Princess Cruises with this consent, they will be unable to participate in the competition.
 
37. The Promoter and Princess Cruises may use participants’ personal information to provide them with current information about the Promoter’s and Princess Cruises’ products and services, any new products and services being offered by the Promoter or a company with whom the Promoter is associated, offers participants may find of interest, and/or changes to the Promoter’s organisation.  If participants do not wish to receive marketing information, they may at any time decline to receive such information by calling the Promoter on 13 37 37 or writing to the Promoter at 5/44 Boorea Street, Lidcombe NSW 2141 and/or Princess Cruises (as outlined in clause 29 above).  If the direct marketing is by email, participants may also use the unsubscribe function.  The Promoter and Princess Cruises will not charge participants for giving effect to such a request, and will take all reasonable steps to meet such a request at the earliest opportunity.
 
38. The Promoter may exchange participants’ personal information with the following entities, all of which are located in Australia:
a) Any industry body, tribunal, court or otherwise in connection with any complaint regarding the Promoter’s services;
b) Any person where the Promoter is authorised by law to do so;
c) Any of the Promoter’s associates, related entities, contractors or third party service providers;
d) Any person considering acquiring an interest in the Promoter’s business or assets;
e) State or Territory lottery department; and
f)Princess Cruises. 
For information about how Princess Cruises will use, hold and disclose a participant’s personal information see clause 29 above.
 
39. Participants may gain access to the personal information that the Promoter holds about them by contacting the Promoter.  A copy of the Promoter’s privacy policy can be obtained at http://www.freshflowers.com.au/legal-information/privacy-policy.aspx  or by contacting the Promoter on 13 37 37.  The Promoter’s privacy policy contains information about how participants may access or seek correction of the information the Promoter holds about a participant, how the Promoter manages that information and the Promoter’s complaints process.
Authorised under NSW permit no: LTPS/17/10899, ACT permit no: TP17/00084, SA permit no:T17/93.

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