1. Agreement to Terms. Information on how to enter and prize details form part of these terms & conditions. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Eligibility. Entry is open only to legal residents 18 years of age or older of New South Wales, Queensland or Victoria, Australia, who have a valid passport and can travel to Los Angeles California, on or before December 31, 2024. The winner and their guest/s must ensure that they have valid documentation for travel, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Where a Prize includes travel to the United States of America (USA), the winner and their guest/s must apply for an Electronic System for Travel Authorization permit (ESTA) at least 72 hours prior to their departure from Australia or as otherwise required by the USA. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the winner and their guest/s. If the winner or their guest/s are refused entry to the USA for any reason or prior to their departure from Australia are not granted an ESTA, they forfeit the Prize and no compensation or substitute will be offered. Winner and their guest/s are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed. To enter, during the Promotion Period, Entrants must follow instruction contained in Section 10 to these rules.
3. Sponsor. Sponsor/Promoter is LA Tourism, Los Angeles Tourism and Convention Board, 633 West 5th Street, Suite 1800 Los Angeles CA 90071. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-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 first cousin.
4. Promotion Period. The Promotion will be conducted during the “Promotion Period” which starts 12:01 AM AEST on October 2, 2023, and ends on May 30, 2024 at 11:59 PM AEST.
5. Prize Draw. The Prize is specified below in Section 17 of these terms. Total Recommended Retail Price is $5,258.00 USD. Prize draw will occur at 12:01 AM AEST the day after the promotion ends at the Promoter’s address. Winners notified via email the day after the promotion ends and published at https://www.discoverlosangeles.com/allstargiveaway.
6. Currency. Any prize is valued in US dollars unless expressly stated to the contrary.
7. Gift cards and vouchers. If a voucher is provided as part of the prize (such as for a hotel, or a gift card), all vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
8. Additional prize details. Entrants agree to comply with any conditions which accompany the prize package as outlined here, or any vouchers provided.
9. No replacement. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
10. How to enter. To enter, eligible Entrants must visit: https://www.discoverlosangeles.com/allstargiveaway. Entrants must use their real names, and provide a valid email address, which will be used to contact the winner, should their name be selected.
11. Tax liability. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
12. No local transfers. Any Entrant in the Promotion, should they win, will be required to travel from Sydney, Brisbane, or Melbourne only, and companions, if any, must travel on the same itinerary. The Promoter will not advise an Entrant if their entry is deemed invalid.
13. Promoter’s time clock. The time of entry will be deemed to be the time the entry is received by the Promoter.
14. Entry limit. Entrants may submit up to one entry per natural person.
15. Submissions. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
16. Random drawing. The prize(s) will be awarded to the valid Entrant drawn randomly in accordance with the terms herein. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
17. Prize and value. The prize consists of the following, all in US. Dollars, provided, however the Airfare is listed in $AUD. Two roundtrip economy airfares from Sydney, Brisbane or Melbourne to LAX (ARV - $2500 AUD); Four nights accommodations at a 4 star hotel (ARV $800); Two tickets to two major league games (ARV $200); $500 electronic gift card for dining and shopping (ARV $500); return airport transfers (ARV $150); Two tickets to the Academy Museum (ARV - $50; Two tickets to the SoFi Stadium Tour (ARV $100); Two tickets to the Petersen Automotive Museum vault tour (ARV $80); Two tickets to the Dodger Stadium Tour (ARV $100). Total Prize Value (please add when you confirm estimates). Winner is not entitled to any surplus in the event the prize value is deemed less than the prize. Winner is not entitled to convert any portion of the prize to cash. If winner chooses not to bring a companion, winner shall not be entitled to a surplus. Companion and winner may be required to sign a declaration of eligibility.
18. Winner notification. The winner(s) will be notified using the in Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
19. Publicity. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section (if applicable).
20. Failure to respond. If the prize(s) has not been claimed by the selected entrant 72 hours post-initial prize draw and subject to any written directions from a state lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable) at promoter’s address. In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw via email and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw at https://www.discoverlosangeles.com/allstargiveaway. If a prize is no longer available, the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
21. Limitation of Liability. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
22. Risk assumption. Specifically, any winner of a prize hereby acknowledges the inherent dangers of international travel, hotel stays, pandemics, and large-scale public events, such as baseball games, and indemnifies the Promoter and its related bodies from harm or death caused as a result of participation in the prize. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a warranty into these terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion or paying the cost of resupplying those goods or services. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
23. Subject to review. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this, the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
24. No transfer of prize. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
25. Force Majeure. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, pandemic including COVID-19, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
26. Property of promoter. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
27. Personal information. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to the entrant.
28. Privacy. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
29. Legal. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
30. Social media disclosure. Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
31. Alternative dispute resolution. Promoter is always interested in resolving disputes amicably and efficiently, and most Entrant concerns can be resolved quickly and to the Entrant satisfaction by emailing customer support at support@LATourism.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Promoter should be sent to LA Tourism, at the address listed above (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Promoter and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Promoter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Promoter or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Promoter is entitled.
32. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the ACICA Arbitration rules and procedures. For information on the ACICA, please visit its website, https://acica.org.au/. If there is any inconsistency between any term of the ACICA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Promoter and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by ACICA. If your claim is for $10,000 or less, Promoter agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the ACICA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the ACICA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
a. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the ACICA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the ACICA Rules.
b. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
c. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Rules will continue to apply.
d. In the event of any conflict between any term or condition in this Section 34 and any term or condition in our Terms of Service, then the applicable term or condition in this Section 34 shall apply.
