RAINFOREST TO ROCKIES WALL OF WONDER CONTEST:  TERMS AND CONDITIONS

The following contest is open to legal residents of Australia who are at least 21 years of age.  Please do not enter if you are not a resident of Australia.

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) BEFORE ENTERING THE “RAINFOREST TO ROCKIES” (THE “CONTEST”) ORGANIZED BY DESTINATION BC CORP., TRADING AS DESTINATION BRITISH COLUMBIA OF 12/F 510 BURRARD STREET, VANCOUVER, BC V6C 3A8 (“PROMOTER”).  BY ENTERING THIS CONTEST, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS IN SECTIONS A AND B BELOW AND THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND YOU AGREE, AND ARE CONCLUSIVELY DEEMED TO HAVE AGREED, TO BE BOUND UNCONDITIONALLY BY THESE TERMS AND CONDITIONS.

A. HOW TO ENTER

1. Contest begins at 12:00:01 a.m. AEDT on February 21, 2024 and ends at 11:59:59 p.m. AEDT on March 5, 2024 (the “Contest Period“). To participate in the Contest, individuals must, during the Contest Period, visit the Rainforest to Rockies Wall of Wonder at Flight Centre 474 – 478 George Street, Sydney, NSW 2000 (the “Activation”) and either:

• share a video or photo, via the entrant’s public account on Instagram, of the Activation or of the individual at the Activation (the “Submission”);
• upload with their Submission, a response to the question “Share why British Columbia is at the top of your travel list in 25 words or less.” (the “Contest Question”); and
• follow and tag @rainforesttorockies and include the contest hashtag, #rainforesttorockies, on Instagram;

OR

• visit https://www.hellobc.com/rainforest-to-rockies-wall-of-wonder-contest-aus/ (the “Website”), and;
• complete the online entry form (the “Entry Form”) with the entrant’s first name, last name, phone number, email and postal code; and
• upload a photo or video of the Activation or of the individual at the Activation and their fully completed Entry Form and answer to the Content Question during the Contest Period.

2. Limit of one (1) entry (“Entry”), regardless of method of Entry, per individual. If an individual submits multiple Entries, only the first Entry will be counted and all subsequent Entries will be automatically discarded. All Entries must be manual. Automated Entries are prohibited, and any use of automated devices will result in disqualification from the Contest. Separate data charges may apply for online Entries submitted using a mobile device.

B. ELIGIBILITY

3. Entry into the Contest is only open to legal Australian residents aged 21 years or over.

4. You are not eligible to participate in the Contest if you are: (a) an employee, representative or agent of Promoter; (b) a contractor of Promoter assisting Promoter with the promotion of the Contest (a “Contractor”); (c) a tourism organization or business assisting Promoter with the promotion of the Contest (a “Tourism Organization”); (d) an employee of a representative or agent of Promoter or of a Contractor or a Tourism Organization (an “Employee”); (e) an immediate family member (defined as 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 1^st cousin) of an Employee (a “Family Member”); or (f) a person domiciled with an Employee or a Family Member.

5. At any time, Promoter will have the right to request from any individual who has participated in the Contest by submitting an Entry (each an “Entrant”), proof of identity and/or eligibility to participate. Failure to provide proof within a reasonable time or the provision of false or misleading information could result in the Entrant’s disqualification. Promoter reserves the right to disqualify any Entrants who, in Promoter’s sole discretion, do not comply with these Terms and Conditions or who otherwise tamper with the entry process.

6. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.

C. CONTENT REQUIREMENTS

7. Entrants agree that they are fully responsible for any materials they submit via the Contest including but not limited to comments, recordings and images (“Content”) as part of their Entry or otherwise. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

• they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
• their Content shall not contain viruses or cause injury or harm to any person or entity;
• they will obtain prior consent from any person or from the owner(s) of any property that appears in the Content;
• they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
• they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights;
• they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computers or communication systems; and
• they will not include in the Content any personal information of any person other than themselves.

8. Without limiting any other terms herein, Entrants agree to indemnify the Promoter for any breach of the above terms.

9. As a condition of entering the Contest, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

D. PRIZE AND PRIZE DELIVERY

10. There is one (1) prize available to be won, with total prize value up to AU$20,000 to design your own trip to British Columbia, Canada. The prize consists of: a) two (2) return-trip tickets from Sydney or Brisbane to British Columbia, Canada; b) accommodation (double occupancy or twin sharing) in a British Columbia hotel of the winner’s choice; and c) activities for two (2) on offer at British Columbia attractions (“Prize”).

11. The Prize will be awarded as Flight Centre credit that the winner can redeem via the Promoter’s selected Flight Centre agent. For clarity, the Prize is up to AU$20,000 of Flight Centre credit that can be applied to the winner’s trip to British Columbia, Canada only.

12. Prize to be taken no later than June 30th 2025.

13. Seasonal blackout periods apply:

• 23 March 2024 – 7 April 2024
• 29 June 2024 – 3 September 2024
• 14 December 2024 – 5 January 2025
• 12 April 2025 – 27 April 2025

14. All flights are subject to availability.

15. Any ancillary costs associated with redeeming the Flight Centre voucher are not included. Any unused balance of the Flight Centre voucher will not be awarded as cash. Redemption of the Flight Centre voucher is subject to any terms and conditions of the issuer including those specified on the Flight Centre voucher. All standard Flight Centre Australia booking terms and conditions apply to the Prize. https://help.flightcentre.com.au/s/topic/0TO2j000000PBsMGAW/terms-and-policies.

16. Personal expenses, travel insurance, visa fees, costs of passports, spending money, optional car rental charges, meals, drinks, tours and excursions, airport transfers between the winner’s home and the departure airport; and any other incidentals are the winner’s responsibility, as are any chosen upgrades requested by the winner. Any additional taxes, costs and expenses incurred in connection with the Prize will be the responsibility of the winner.

17. The winner and their companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the Prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

18. If for any reason the winner does not take / redeem the Prize by the time stipulated by the Promoter, then the Prize will be forfeited. If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a prize to the equal value and/or specification. The Prize or any unused portion of the Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

E. SELECTION OF PRIZE WINNER

19. The judging will take place at 12/F 510 Burrard Street, Vancouver, BC on March 7, 2024 at 10AM AEDT. The judges may select additional reserve Entries which they determine to be the next best, and record them in order, in case of an invalid Entry or ineligible Entrant.

20. The best valid Entry, as determined by the judges, will win the Prize.

21. The winner will be notified by direct message to the winner’s Instagram account or email address (depending on method of Entry).

22. This is a game of skill and chance plays no part in determining the winner. Each Entry will be individually judged based on literary and creative merit of the Entry.

23. The Promoter’s decision is final and no correspondence will be entered into.

F. PRIVACY

24. The Promoter collects personal information (“PI“) in order to conduct the Contest (the “Purpose”). Entry is conditional on providing this PI.  If you enter via Instagram, the Promoter collects your account and profile information, such as your name, username or handle and profile image, as well as any PI you include in your Entry and, if you are the winner, your date of birth, postal address, email address, telephone number(s), image, likeness and/or voice and any PI you provide to us in communications via Instagram’s messaging functionality.  If you enter via the Website, the Promoter collects your name, telephone number(s), email address and postal code, as well as any PI you include in your Entry and, if you are the winner, your date of birth, postal address, image, likeness and/or voice and any PI you provide to us in communications via email.  Your PI is collected by the Promoter in accordance with applicable privacy laws, including under section 26(c) of the Freedom of Information and Protection of Privacy Act (British Columbia) (“FOIPPA”), for the Purpose.  Questions about the collection of your PI can be directed to:  Privacy Officer, Privacy Officer, Destination British Columbia, at: [email protected].

25.If you enter via Instagram, by uploading and posting your Entry you consent, for the Purpose, to the disclosure to Instagram, and to the general public through the Promoter’s Instagram account, of:

• any PI in your Entry, effective as of the date you upload and post your Entry; and
• any additional PI you choose to upload and post to the Promoter’s Instagram account in connection with the Contest, effective as of the date you upload and post such PI.

26. If you enter via the Website, by submitting your Entry you consent, for the Purpose, to the disclosure to the Promoter’s service providers of:

• any PI in your Entry, effective as of the date you submit your Entry; and
• any additional PI that you provide to the Promoter in communications via email, effective as of the date of any such communications.

Regardless of method of Entry, if you are selected as the winner, you consent effective as of the date you upload and post or submit your Entry to the disclosure by the Promoter to Flight Centre of your name and contact details, including postal address, email address and telephone number(s), for the purposes of contacting you (including sending you electronic messages and/or telephoning you) to confirm you as the winner and arrange for fulfilment of the Prize, and you consent to the disclosure of such information by Flight Centre to airlines, car rental agencies and other tourism agencies as necessary to arrange for fulfilment of the Prize.  You also consent to the following use and disclosure by the Promoter of your username or handle (if applicable), full name, country of residence, as well as your image, likeness and voice (including photograph, film and/or recording of the same):

• use and disclosure of the above information both in internal presentations to Promoter personnel and in external presentations to the tourism industry, for the purpose of describing and analysing the Contest; and
• use of the above information, in any media and without any remuneration, for the purposes of promoting the Contest (including any outcome) and any other tourism-related initiatives of the Promoter, and disclosure of such information to the general public for these purposes.

27. These consents will not expire until and unless you revoke your consent in writing to the contact listed above.

28. The Promoter also collects PI through its websites, including the Website, and in addition to the above will use, handle and disclose such PI as set out in its Privacy Policy, which can be viewed at https://www.hellobc.com/legal-privacy-policy/. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their PI, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law (including FOIPPA) and how those complaints will be dealt with. Unless otherwise indicated by the Promoter, the Promoter may disclose PI in accordance with its Privacy Policy to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the Contest, Entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.

G. GENERAL TERMS

29. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Contest, or suspend, substitute or modify the Prize.

30. As a condition of accepting the Prize, the winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

31. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including 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 the Contest.

32. 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 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: (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; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of the Prize.

33. Entry and continued participation in the Contest is dependent on Entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.

34. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about the Contest must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Contest (including taking/use of a Prize), except for any liability which cannot be excluded by law.

35. All decisions of Promoter will be final and binding in all matters relating to this Contest.

36. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

37. Promoter reserves the right, without prior notice, to cancel, terminate, modify or suspend the Contest if, for any reason, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control.

38. Promoter reserves the right to amend the Terms and Conditions without prior notice if any factor interferes with the proper conduct of the Contest as contemplated by these Terms and Conditions.

39. In the event of any discrepancy or inconsistency between a term or condition of these Terms and Conditions and any statement or other information contained in any Contest-related materials, including but not limited to the Website, the Entry Form, or any print or online advertising materials, the terms and conditions of these Terms and Conditions shall control.