Mother's Day Brilliant Gift Card competition - Terms & conditions
| Item | Details |
| Promoter | Kangaroo Island SeaLink Pty Ltd ACN 007 122 367 of Level 3, 26 Flinders Street Adelaide 5000 |
| Competition | Mother’s Day Brilliant Gift Card |
| Competition Period | Entry to Competition commences at 12:01am (Australian Central Standard Time) on 2 May 2025. Entry to Competition closes at 11:59pm (Australian Central Standard Time) on 8 May 2025. |
| Age Restriction | 18 years and over |
| Eligible Participants | Entry is open to Australian residents who:
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| Maximum Number of Entries | 2 entries per person, with the second entry only awarded to an entrant if they sign up as a Brilliant Benefits member at www.brillianttravels.com.au/brilliant-benefits (Website) and provide their membership number on the entry form. |
| Entry Method | Entrants must complete the entry form located at www.brillianttravels.com.au (Website) or on Brilliant Travels’ social media accounts, subscribe to the Brilliant Travels mailing list (to receive marketing and other communication from the Promoter) and submit the completed entry form online during the Competition Period. To receive an additional entry, entrants must sign up to become a Brilliant Benefits member and provide their membership number on the entry form. In subscribing to the Brilliant Travels mailing list and/or becoming a Brilliant Benefits member, the entrant consents to receiving marketing materials and communications (including electronic communications) on behalf of the Promoter. |
| Prize | 1 x $500 Brilliant Gift Card |
| Prize Draw | One prize winner will be drawn at random by the Promoter on Friday, 9 May 2025 at 10am at Level 3, 26 Flinders Street, Adelaide, using an electronic random number generator. |
| Notification | The Winner of each Prize Draw will be notified by phone call and in writing by email on Friday, 9 May 2025, using the details provided via the entry form. Winners will have 14 days to claim the Prize by providing the Promoter a valid email address to send the Prize to. |
| Unclaimed Prizes | If a Prize is not claimed within 14 days of the Notification, the Prize will be deemed forfeited and a new Prize Winner will be drawn at random by the Promoter at Level 3, 26 Flinders Street Adelaide. |
1. Competition details
(a) These Terms of Entry (Terms), comprising the Schedule and these Terms and Conditions, apply to the Competition and form the basis of the legally binding agreement between you (you, entrant) and the Promoter.
(b) The Competition is run by the Promoter, and will run for the Competition Period.
2. Your agreement to the Terms
(a) By submitting an entry form, you acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you must not enter the Competition.
(b) Notwithstanding anything in these Terms, the Promoter may in its absolute discretion:
(i) refuse to award any prize to an entrant who fails or is unable to comply with these Terms; and
(ii) make reasonable amendments to any aspect of the Competition or the Terms of Entry from time to time, subject to any applicable laws.
3. Entry Process
(a) Entry to the Competition is open to Eligible Participants.
(b) To enter the Competition, an Eligible Participant must follow the Entry Method. No other form of entry is permitted.
(c) You may submit up to the Maximum Number of Entries.
(d) Entries received after the Competition Period will be deemed ineligible.
(e) Each valid entry into the Competition will enter you into each of the Prize Draws during the Competition Period (subject to clause 5(c)).
(f) Entry into the Competition is free, however you may need to pay for internet access to submit your entry.
(g) Entries submitted other than in accordance with these Terms will not be eligible for any Prize. Incomplete or non-conforming entries will be deemed invalid.
(h) You must enter the Competition in your own name. Entrants who are deemed by the Promoter to have provided incorrect, misleading, or fraudulent information may, at the sole discretion of the Promoter, be deemed ineligible.
(i) Once an entry is submitted, you acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
(j) All entries will be accepted at the discretion of the Promoter, who will exercise its judgement in ruling on questions of eligibility. The ruling of the Promoter on questions of eligibility will be final, and no further correspondence will be entered into.
4. Verification
(a) An entry is valid only where it was submitted in accordance with section 3, is the first such entry submitted by that Eligible Participant, and otherwise complies with these Terms.
(b) To confirm your eligibility, the Promoter may require you to provide identification documents, including proof of identity, proof of age, and proof of residency. In the event that you cannot provide the requested documents, you may be deemed to be ineligible for the Competition.
5. Prize Draws and Prizes
(a) There will be one Prize Draw for the Prize, with one Winner.
(b) The winning Eligible Participant of the Prize Draw (Winner) will win 1x $500 Brilliant Gift Card.
(c) The Winner will be notified in accordance with the Notification specified in the Schedule.
(d) The Prize must be claimed by the Winner within 14 days of the notification or the prize is forfeited and a new prize winner will be drawn. The Promoter will not charge Winners any costs for claiming the Prize.
(e) Results of the Prize Draws will be published on the Brilliant Travels’ social media account.
(f) If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of the same value (which will not exceed AUD$500).
(g) The Prize is not transferable and cannot be taken, refunded, exchanged or transferred as cash.
(h) The Prize must be taken as described and no compensation will be payable if a Winner is unable to use the Prize (or any portion of it).
(i) The Promoter's decision about the Winner of each Prize is final.
(j) Any tax liability arising as a result of accepting the Prize is the responsibility of the Winner.
6. Liability
(a) To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from the Competition and these Terms. If any supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the Promoter to limit its liability, then the Promoter's liability will be limited to:
(i) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(ii) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
(b) Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity or profit); whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
(i) any theft of a Prize from the Winner after the Promoter has provided the Prize;
(ii) 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;
(iii) issues with communications networks or internet services, whether due to traffic congestion, technical malfunction or otherwise;
(iv) any variation in Prize value to that stated in these Terms, where such variation is outside the reasonable control of the Promoter;
(v) any tax liability incurred by a Winner or entrant; or
(vi) use of the Prize by a Winner, or any condition imposed on use of the Prize by any third party.
(c) Subject to clauses 6(a) and 6(b), any liability of the Promoter in connection with this Competition or accepting or using any Prize is limited to an amount equal to the value of one Prize offered in the Competition.
7. Promotion and personal information
(a) The Promoter collects personal information from each entrant (including name, email address, telephone number, address and other information as specified in the entry form) in order to conduct and promote the Competition (Permitted Purpose) and may for this purpose:
(i) send electronic messages to or telephone the Winner;
(ii) disclose such information to third parties as necessary for the Permitted Purpose, including but not limited to agents, contractors, service providers, prize suppliers, and the Promoter’s related bodies corporate;
(iii) disclose such information to Australian regulatory authorities as required;
(iv) disclose such information to State and Territory lottery departments or authorities as required; and
(v) publish a Winner’s personal information on any media as required under the relevant lottery legislation; and
(vi) promote the Competition.
(b) If you do not agree to your personal information being collected and used for the above purposes, you cannot participate in the Competition.
(c) By entering this Competition, an entrant also acknowledges that a further primary purpose for collection of the entrant’s personal information by the Promoter is to enable the Promoter to contact the entrant in the future for marketing purposes, including information on special offers or to advise the entrant of the Promoter’s other programs, products, services, events or activities that the Promoter believes the entrant may be interested in, via any medium including electronic messaging (including email and SMS). . By registering in the Competition, an entrant acknowledges and agrees that the Promoter may use the entrant’s Personal Information in the manner set out in this condition.
(d) For further information about how the Promoter handles personal information, please see the Promoter's privacy policy located at https://www.kelsian.com/privacy-policy.
8 Social Media
If any part of the Competition is run on social media, (including, but not limited to, Facebook, Instagram and/or X), entrants acknowledge that use of social media platforms generally are subject to the prevailing terms and conditions of use of the social media platform. Entrants release the social media platform(s) and its/their associated companies from all liability arising in respect of the Promotion. Entrants acknowledge that: (a) the Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform; and (b) any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to any social media platform
9. General
9.1 Force Majeure
If for any reason this Competition is not capable of running as planned (whether caused by epidemic, pandemic, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or terrorism, infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Competition), the Promoter reserves the right in its sole discretion and subject to any written direction given by a relevant regulatory authority, to cancel, terminate, modify or suspend the Competition, invalidate any affected entries, or provide an alternative prize to the same value as the original Prize, and no compensation will be payable to any Eligible Participant.
9.2 Dispute resolution
(a) Neither party may commence court proceedings concerning any dispute between the parties arising out of or in relation to this agreement (Dispute), unless the party starting the proceedings has complied with this clause 8.2.
(b) A party claiming that a Dispute has arisen must notify the other party in writing, specifying the nature of the Dispute (Dispute Notice).
(c) Following the Dispute Notice being given, each party’s authorised representative must endeavour in good faith to resolve the Dispute within 14 days.
(d) If the Dispute is not resolved within 14 days of the Dispute Notice being given, the parties may commence court proceedings.
9.3 Governing Law
(a) These Terms are governed by the laws of South Australia.
(b) If a dispute arises regarding these Terms, the Competition or any Prize;
(i) the laws of South Australia will apply and;
(ii) each entrant submits to the exclusive jurisdiction of the courts of South Australia.
9.4 Severability
(a) A clause or part of a clause of this document that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
(b) If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.
9.5 Interpretation
In these Terms:
(a) terms defined in the Schedule have that meaning;
(b) unless expressly stated otherwise, a reference to '$' or 'dollar' is to Australian currency; and
(c) the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as', or 'for example' (or similar phrases) do not limit what else might be included.