1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 42, AMP Centre, 50 Bridge Street, Sydney, NSW 2000, telephone (02) 9253 8800 (“Promoter”).
  3. Entry is only open to Australian residents, who have not already signed up for a valid VISA Checkout account prior to the Promotional Period, as defined below.
  4. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  5. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.
  6. Promotion commences on 9 November 2015 and ends at 11.59pm AEDST on 25 November 2015 (“Promotional Period”).
  7. To enter, individuals must sign up to Visa Checkout, during the Promotional Period, by visiting the website at visacheckout.com.au.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  9. Incomplete or indecipherable entries/sign ups will be deemed invalid.
  10. Only one (1) entry permitted per person.
  11. 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.
  12. The draw will take place at Anisimoff Legal of Level 5, 492 St Kilda Road, Melbourne Victoria 3004 on 27 November 2015 at 2pm AEDST. Anisimoff Legal on behalf of the Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  13. The winner will be notified in writing within two (2) business days of the draw. The winner’s name will be published at www.visacheckout.com.au from 1 December 2015.
  14. The Promoter’s decision is final and no correspondence will be entered into.
  15. The first valid entry drawn will win a trip for two (2) people to San Francisco, USA valued at up to AU$15,363.40 depending on date and point of departure. Prize includes:
    • two (2) x return economy airfares from the winner's nearest capital city to San Francisco International airport, USA;
    • five (5) nights twin share accommodation at a 4* hotel (exact accommodation to be determined by the Promoter);
    • two (2) x tickets to one (1) of the following San Francisco 49ers games: (i) San Francisco 49ers v Cincinnati Bengals on 20 December 2015; OR (ii) San Francisco 49ers v St. Louis Rams on 3 January 2016 (“Games”). The winner will be allowed to select their choice of which Game they attend out of the two (2) options above (exact ticket type (from the two (2) options above) to be determined by the Promoter);
    • two (2) x field passes to the Game,(as selected by the winner, out of the two (2) options listed above);
    • two (2) x Mina Tailgate passes which includes, all-inclusive food and beverages for four (4) hours prior to kickoff through the 3rd quarter of the Game. For more details please see http://www.levisstadium.com/michael-minas-tailgate/;
    • two (2) x tickets to the 49ers Museum Tour; and
    • two (2) x San Francisco 49ers jerseys (exact jerseys and sizes will be determined at the Promoter’s discretion).
  16. The winner and his/her travel companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her travel companion must depart from and return to the same departure point and travel together and share the same itinerary. Itinerary to be determined by the Promoter in its absolute discretion. 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. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
  17. If the winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
  18. The following additional terms apply to the prize:
    • Travel is subject to seat availability at time of booking for airfares. Prize must be taken by 3 January 2016 to coincide with one (1) of the Games, as selected by the winner, and is subject to booking and flight availability. Blackout dates may apply and are subject to confirmation with the relevant airline or hotel. All flights and hotel stays are subject to availability;
    • Luggage check-in and extra options (i.e. speedy boarding, etc.) will be the cost and responsibility of the winner;
    • All other expenses including but not limited to ground transportation to and from the departing and arrivals airport, spending money, additional ground transport, all other transfers, meals and beverages, gratuities, applicable taxes (excluding airline and airport taxes), passports, in-room charges, visas, vaccinations, hotel service charges, items of a personal nature, surcharges, travel and medical insurance, personal expenses, souvenirs, upgrades, incidentals and all other ancillary costs and expenses not expressly specified herein are not included and are the sole responsibility of the winner and their chosen guest;
    • The winner must inform the Promoter at least fifteen (15) days (prior to their preferred departure date to arrange airfares. Normal terms and conditions of carriage apply, no stop-over is permitted and there is a maximum stay of 3 months, subject to visa restrictions. Airfare tickets are also not applicable on code share services with other operators and the prize winner is subject to further charges should this not be adhered too;
    • It is the responsibility of the winner to provide correct names of all persons travelling for the booking arrangements as the Promoter reserves the right to charge the winner AUD$100 per guest and per change in addition to any airfare tax or surcharges that may increase related at the time of booking for any corrections that are required to any of the traveling documents due to misinformation provided by the prize winner or any change in itinerary made by the winner and/or their guest;
    • Travel documentation in the form of air tickets provided to the winner and their chosen guest are to be presented to reservationists for redemption. Failure to present the correct documentation by the winner and/or their chosen guest means that redemption will be at the discretion of the provider and the winner and/or their chosen guest may forfeit or be charged extra costs for redeeming the prize;
    • If the winner fails to notify the Promoter or tour operator of a change at least forty eight (48) hours prior to departure or in the event of a no-show, the winner (and their companion) will forfeit the prize;
    • No responsibility is assumed by the Promoter for any cancelled, delayed, suspended or rescheduled events once any tickets have been issued in relation to the prize for any reason whatsoever beyond its control;
    • The winner and their chosen guest will be responsible for ensuring that they have valid travel insurance, travel papers, including passports (with more than six months until expiry at the time of travel), visas and where necessary, for obtaining appropriate vaccinations and inoculations are in good order and are valid prior to and for the duration of the trip. The Promoter highly recommends that travellers take out adequate travel insurance;
    • The Promoter and its associated agencies, make no representation as to the safety, conditions or other issues that may exist at any destination. It is the sole responsibility of the prize winner (and their companion) to first check with all government travel advisory information regarding the safety and situation of the destination of their chosen destination/event;
    • The prize winner (and their companion) are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au;
    • The prize, or any part thereof, must be accepted as awarded and is non-negotiable, non-transferable to another person and non-convertible to cash or credit. It is not possible to earn or redeem frequent flyer rewards on the prize. The prize cannot be used in conjunction with any other special offer. All aspects of the Prize must be taken together as a package; and
    • The winner acknowledges that their prize may be subject to the terms and conditions of the operators of the relevant accommodation, air and leisure services. The winner must acquaint himself/herself with these terms and conditions prior to taking the prize.
    • By participating in the promotion or the receipt of any prize, entrant agrees to release and hold the NFL Entities (as defined below), and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the promotion or receipt or use or misuse of any prize. The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) have not offered or sponsored this Sweepstakes in any way and will have no liability or responsibility for any claim arising in connection with participation in this promotion or the prizes awarded.
  19. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  20. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
  21. Subject to the unclaimed prize draw clause, if for any reason the winner does not take or claim the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
  22. If the prize (or part of the prize) is unavailable, the Promoter, 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.
  23. The Game and the Mina Tailgate passes elements of the prize are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  24. Total prize pool value is up to AU$15,363.40.
  25. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  26. A draw for the prize, if unclaimed, may take place on 4 December 2015 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified by writing within two (2) business days of the draw and their name will be published at www.visacheckout.com.au from 7 December 2015.
  27. As a condition of accepting the prize, the winner agrees to sign any documentation as required by the Promoter in order for the Promoter to use the winner’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  28. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  29. Any cost associated with accessing the Visa Checkout website is the entrant’s responsibility and is dependent on the Internet service provider used.
  30. 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, as well as any other implied warranties under the ASIC Act 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 promotion.
  31. 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) if the appearance of any or all of the athletes are or the Game is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/redeeming and/or use of a prize or attendance at the Game or use of the Mina Tailgate passes.
  32. As a condition of accepting the prize, the winner (and his/her travel 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
  33. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.visacheckout.com.au and selecting privacy policy at the bottom of the page. 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 and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia, excluding the Promoter’s marketing agency, located in New Zealand, who is assisting in the conduct of the promotion. The winner and their travel companion’s personal details may also be transferred overseas to any entity involved in organising the prize trip. As a condition of accepting the prize, the Promoter will require written consent from the winner for their details to be posted to the Promoter’s website and, as required by the Promoter, to agree to such additional uses of their PI as outlined under these Terms and Conditions that they have otherwise not agreed to (including but not limited to publication of their details on the Visa website).
  34. 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.
  35. NSW Permit No. LTPS/15/08829 ACT Permit No. TP15/08082 SA Permit No. T15/2027
WATCH THE 49ERS PLAY
IN SAN FRANCISCO
DEC 20 VS. CINCINNATI BENGALS ORJAN 3 VS. ST LOUIS RAMS
Sign up to Visa Checkout for a chance to win.
Prize for two includes flights, accommodation, game tickets,
field passes, merchandise and much more.
Offer is valid through 25/11/2015. Terms and Conditions Apply

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