Terms and Conditions

WIN A TRIP TO LA WITH THE DELTA FLEET

CONDITIONS OF ENTRY

  1. Information on how to enter, mechanics of entry and the prize, form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via internet only.
  1. This is a game of skill and chance plays no part in determining the winners.

PROMOTIONAL PERIOD

  1. The promotion commences at 7:00am (AEDT) on 22/03/2019 and ends at 7:00pm (AEDT) on 13/04/2019 (inclusive) (Promotional Period).

ELIGIBILITY

  1. Entry is strictly limited to residents of Australia aged 18 years or older, who are located in Sydney NSW during the Promotional Period and who, in the event they are selected to participate in The Delta Fleet Activation, are:
  1. able to join The Delta Fleet Activation at the time allocated on the day allocated; and
  1. able to travel to the USA in order to participate in the prizes stated in these Terms & Conditions,

(together, Entrants).

  1. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-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 1st cousin.

DELTA FLEET ACTIVATION

  1. Of the correct and valid Entries received, the Promoter will identify 42 Entrants to participate in the Delta fleet activation (Delta Fleet Activation).
  1. The Delta Fleet Activation will be conducted by the Promoter from 10:00am to 6:00pm (AEDT) on 30 March 2019, 6 April 2019 and 13 April 2019.
  1. The Delta Fleet Activation will be separated into 30 minute timeslots, each allocated to an Entrant.  Entrants who are invited to participate in the Delta Fleet Activation will receive an email from the Promoter confirming their timeslot according to the preference indicated in their Entry Form and a route determined by the Promoter. If an Entrant is unable to participate in the Delta Fleet Activation on the date and at the time notified by the Promoter, then the Entrant will be deemed to have forfeited their opportunity to participate in the promotion.
  1. The Delta Fleet Activation comprises two (2) vehicles operating seven (7) x 30 minute timeslots across three (3) days for a total of 42 opportunities to win.
  1. Entrants who are offered a timeslot and elect to participate in the Delta Fleet Activation will be collected from their nominated address and during their 30 minute journey, will be asked to respond to a series of five (5) questions posed by the “Delta Captain” riding with the Entrant and will subsequently be delivered to their nominated destination.
  1. Each Entrant who accurately answers all 5 questions to the Promoter’s satisfaction will automatically be awarded a major prize, as set out at Condition 17.

HOW TO ENTER

  1. To enter the promotion, Entrants must, during the Promotional Period:
  1. Follow the hyperlink available within a post on You Tube and Instagram and via an article and banner ads on The Urban to www.thedeltafleet.sydney (Promotional Website) to access the official entry form (Entry Form);
  1. fully and correctly complete and successfully submit the Entry Form in the manner required, including providing the Entrant’s full name, age, email address, telephone number, preferred window to participate in the Delta Fleet Activation and collection and drop off address (each of which must be within 10km of Sydney CBD); and
  1. if contacted by a representative of the Promoter, provide additional information as directed;

(together, an Entry).

  1. Entrants are encouraged, but not required, to enter the second chance offer to win 1 of 2 second chance prizes by electing to respond, in 30 words or less, to the promotional question: ‘What do you love about LA and why should Delta send you there?’ (Second Chance Offer).
  1. Only one (1) entry per person is permitted. Any subsequent entry of an Entrant after the first valid entry is received from that Entrant will be deemed invalid.
  1. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
  1. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
  1. Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.

MAJOR PRIZE

  1. Each Entrant who accurately answers all five (5) questions as part of the Delta Fleet Activation will automatically win one (1) Delta Air Lines Economy Class (T) return airfare to Los Angeles Airport (LAX) from the Sydney International Airport (Departure Point) (exclusive of airfare related taxes and charges which must be paid by the winner), valued at up to AU$1,900.00. There are 15 Major Prizes to be awarded in the Promotion.
  1. Each winner must notify the Promoter in writing of their three (3) preferred departure and return dates by 31st July 2019 and each prize must be booked by 31st August 2019 and travelled in full by 31st March 2020 or the prize is forfeited. Precise travel dates will be notified to the winners by the Promoter in writing at least six (6) weeks in advance. Redemption of a prize is subject to availability and may be dependent on travel class availability, specific room category availability and travel ‘blackout’ periods applying (including school holidays and public holidays). Blackout periods include the following dates:
  1. 13 April 2019 – 28 April 2019
  2. 06 July 2019 – 21 July 2019
  3. 28 September 2019 – 13 October 2019
  4. 28 November 2019 – 29 November 2019
  5. 21 December 2019 – 27 January 2020
  6. Travel is not permitted on Friday, Saturday & Sunday departures.
  1. All components of the prize must be taken when offered or are forfeited. A winner must travel and depart from Sydney International Airport. Winners may not accrue frequent flyer points, nor will they have access to Premium airport lounges. No extension or variation of the travel and/or accommodation date(s) nominated by the Promoter permitted. Travel is not permitted on any Code Share flights, AA Eagle, Freedom Airlines and Shuttle America. Flights do not include stopover and itinerary cannot be broken. Name changes or departure date changes may incur additional costs. Any extension or variation of the travel and/or accommodation date(s) nominated by the Promoter will be at the cost and responsibility of the winner. A prize cannot be used in conjunction with travel discounts or special offers. Travel may to be arranged by an agent nominated by the Promoter. Delta Air Lines takes no responsibility for any liability that may result from, or is claimed to have resulted from, the acceptance or use of this prize.
  1. All additional costs not expressly stated, but which may be incurred in acceptance and use of the prize, are the responsibility of the winner. Such additional costs may include, but are not limited to transit to and from the Departure Point and the winner’s residence, accommodation meals and beverages, room service, telephone calls, laundry services, spending money, health insurance and/or travel insurance, transport to and from airport Departure Point, taxes including arrival and departure taxes (if applicable) and including airfare related taxes and charges included in the prize.
  1. Each winner must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the prize. Acceptance of the prize and participation in the prize is subject to any prevailing terms and conditions of travel, and in particular behaviour and safety requirements. Winners must follow all reasonable directions given by the Promoter during the course of their participation in the prize, including all directions in relation to behaviour and safety. The Promoter reserves the right, in their absolute discretion, to disqualify, sanction and/or eject the winner from using any prize, or to refuse participation, on the grounds of inappropriate behaviour, or safety reasons, or for any breach of these Conditions of Entry generally. If the winners fail to participate in the prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their entry and the balance of the prize will be forfeited with no compensation payable.
  1. It is the responsibility of each winner to ensure the food and/or beverage(s) included in the prize are consistent with their dietary requirements.
  1. It is the sole responsibility of each winner to ensure their entry into the USA, at their own expense, including ensuring all necessary passports are valid for six (6) months from date of travel and visas, travel authorisations including an Electronic System for Travel Authorization (ESTA) (if applicable), medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the prize being forfeited. The Promoter makes no representation as to the safety of the USA and it is the responsibility of the winners to check the travel advice issued by the Department of Foreign Affairs and Trade at www.smartraveller.gov.au and assess the safety of USA prior to travel.
  1. It is a condition of accepting and participating in the prize that winners may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
  1. The total maximum promotion prize pool value is AUD$37,500 (including GST). Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as offered and cannot be varied. Prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
  1. A prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
  1. All eligible Entries received throughout the Promotional Period in accordance with Condition 12 will be judged by a panel of appropriately qualified judges to determine the two (2) most inspiring responses to the Condition 12.d promotional question at 11am on Tuesday 16th April, at the projects* at Level 1, 106 Oxford Street, Paddington NSW 2021, to determine two (2) winners. All eligible Entries will be judged on a basis of originality and independent expression.
  1. The Second Chance Offer prize consists of one (1) Delta Air Lines Economy Class (T) return airfare to Los Angeles Airport (LAX) from the Departure Point (exclusive of airfare related taxes and charges which must be paid by the winner), valued at up to AU$1,900.00. There are two (2) Second Chance Offer prizes to be awarded in the Promotion. Each of the conditions appearing under the Major Prize apply to the Second Chance Offer prize and prize winners.
  1. This is a game of skill and chance plays no part in determining the winners. The winners will be notified in writing via email within five (5) business days of the judging, and the name and locality of each winner will be published on the Promotional Website on Tuesday 16th April 2019]. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
  1. Each Entrant whose Entry is judged to be one (1) of the two (2) best judged Entries must confirm their eligibility to be awarded a prize and their ability to accept a prize within 10 business days of being successfully notified by the Promoter that their Entry has been judged as one (1) of the two (2) best judged Entries, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact an Entrant who submitted one (1) of the best judged Entries within 10 business days of the judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept a prize, the Promoter may, in its sole discretion, award the prize to the next best judged Entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Conditions of Entry, be deemed a winner of the judging.

WINNER PUBLICATION

  1. Each winner of a prize will be published on the Promotional Website on Tuesday 16th 2019 and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify the winner of the results of the draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.

GENERAL

  1. The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) engaging 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 from such an offender are reserved.
  1. Prizes will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
  1. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
  1. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.
  1. By entering the promotion, Entrants acknowledge and agree that their Entry may be featured on the Promotional Website and any other online platform (including social media platforms) for public viewing for the duration of the Promotional Period and in perpetuity (unless otherwise requested).
  1. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (excluding the Promoter) where required for Entry into the promotion), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability.
  1. By entering the promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the winning Entry to the Entrant.
  1. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
  1. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
  1. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s).


  1. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize.
  1. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.

PRIVACY

  1. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prize (where appropriate) and use the information to assist in improving the goods and services of the Promoter (if any). If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
  1. The Promoter will provide to the Entrant, at time of entry into the promotion (or as soon as reasonably practicable), a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
  1. As a condition of entering this promotion, each Entrant consents to the Promoter and its external media partners using the Entrant's entry, name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
  1. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy and Collection Statement in relation to the treatment of any Personal Information collected may be obtained at www.delta.com/apac/en/legal/privacy-and-security.
  1. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, promotional partners, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
  1. In these Conditions of Entry: “Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia. “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Personal Information” means in Australia information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
  1. Promoter: Delta Air Lines, Inc. C/- Walshes Agencies Australia Pty Ltd (ABN 45 099 809 453) of Level 5, 117 York Street Sydney NSW 2000. Tel: 02 8212 8510 (The Projects*).

COLLECTION STATEMENT

Delta Air Lines, Inc. (Promoter) collects personal information about you via this promotion’s online entry form, any related website or as otherwise provided by you physically or electronically. Promoter collects personal info to enable it to enter you into this promotion, to process entries & winners &, to provide you with certain content, products, services & direct marketing materials incl. by mail, tel, electronic msgs/social & may share info with its related companies & promotional partners & other trusted 3rd parties in Aust & overseas including the USA who may also contact you in this way. Promoter may also provide your personal info to professional services providers who assist Promoter with promotions and products. Personal info will be stored by Promoter in Aust & overseas including the USA. The Promotional website may also passively collect and use anonymous info or personal info from your visit and from various 3rd party sources to improve services & website. Failure to provide personal info may result in you being unable to enter promotion &/or Promoter being unable to provide certain content, products or services. Promoter’s Privacy Policy www.delta.com/apac/en/legal/privacy-and-security contains info on: (i) how you can access & correct personal info; & (ii) Promoter’s complaint process. You may contact Promoter’s privacy officer via email: Privacy@delta.com or by phone via The Projects tel: 02 8212 8510.