Full Terms and Conditions

Part 2: Schedule to Conditions of Entry

The Schedule sets out the commercial terms and campaign-specific definitions of the De-Tourist Trails Competition once. The Conditions of Entry in Part 3 set out the legal terms.

Competition

De-Tourist Trails Competition 2026, conducted during the Promotional Period (Competition). The Competition is advertised and promoted by the Promoter on its own and other communications channels during the Promotional Period (Advertising). By entering, an entrant agrees to be bound by this Schedule, the Conditions of Entry and the terms in the Advertising. If there is any inconsistency, this Schedule prevails over the Conditions of Entry, the Conditions of Entry prevail over the abbreviated conditions, and the abbreviated conditions prevail over the Advertising.

Promoter

The Crown in the Right of Tasmania represented through Tourism Tasmania (ABN 58 800 480 938) of Level 3, 15 Murray Street, Hobart, Tasmania 7000.

Promotional Partners

The Promoter’s PR agency and the Participating Operators.

Promotional Period

The Competition starts at 12:01 am (Hobart time) on 12 November 2026 and closes at 11:59 pm (Hobart time) on 26 November 2026.

Claim Date

Each winner must claim their Prize, by accepting it in writing, by 11:59 pm (Hobart time) on Friday, 18 December 2026.

A replacement winner must claim by the date the Promoter notifies to them, which will not be later than 11:59 pm (Hobart time) on Friday, 15 January 2027.

Redemption Period

All Prizes must be redeemed from 15 February 2027 to 30 April 2027, inclusive.

Eligible Entrants

An Eligible Entrant is an Australian citizen or resident of Australia, currently residing in Australia, aged 18 years or older at the time of entry, who is not excluded by clause 2.3 of the Conditions of Entry. A winner must also be able to travel to, and remain in, Tasmania to take part in full in the self-drive De-Tourist Trails Prize during the Redemption Period, on the dates nominated by the Promoter.

Competition Entry Channel

https://www.discovertasmania.com.au/not-really-for-tourists/win-a-de-tourist-holiday/apply/

Competition Question

The game of skill question: “In 50 words or less, tell us what ‘tourist condition’ would you most like to De-Tourist from, and why?”

Eligible Entry

An Eligible Entry is an entry by an Eligible Entrant that is appropriately entered through the Entry Method, answers the Competition Question in 50 words or less, and is not invalid under clause 3 of the Conditions of Entry.

Entry Method

During the Promotional Period, an Eligible Entrant submits an entry through the Competition Entry Channel that answers the Competition Question and provides the mandatory information required.

Entry Limit

Limit of one (1) entry per Eligible Entrant.

Judging

A Panel of appropriately qualified judges appointed by the Promoter judges Eligible Entries on the merit of the response to the Competition Question and determines the winners. The Promoter and the Panel may use AI tools to help sort, assess or shortlist entries (clause 4 of the Conditions of Entry).

Prizes

Each Eligible Entrant can win one (1) Prize only. The four (4) Eligible Entries judged best by the Panel each win one (1) Prize. Each Prize is valued at up to AUD$5,000 and includes:

1. economy flights for two (2) people from a major city in Australia to Hobart or Launceston (not provided to any person whose ordinary residential address at the time of the winner’s entry is in Tasmania);
2. a self-drive De-Tourist trail of two to three days on one of four regional trails as nominated by the winner and subject to availability;
3. two (2) nights’ accommodation in one room for two (2) people;
4. car hire for three (3) days;
5. three (3) experiences for two (2) people, with further details arranged by the Promoter with the winner; and
6. a Visa gift card of up to AUD$900 to help cover out-of-pocket expenses during the trip.

Prize

Prize means each and/or a singular prize as described in the Schedule.

Prize Value

Up to AUD$5,000 for each prize.

Total Maximum Prize Value

Up to AUD$20,000.

Intellectual Property

Each Eligible Entrant absolutely and unconditionally assigns to the Promoter all right, title and interest in the Content of their entry in accordance with the Conditions of Entry.

Content

Content means the response to the Competition Question.

Part 3: Conditions of Entry

These Conditions of Entry set out the legal terms of the De-Tourist Trails Competition.

1. Application, precedence and definitions

1.1 These Conditions of Entry apply to the Competition and must be read with the Schedule. Entry into the Competition is deemed acceptance of the Schedule, these Conditions of Entry, and the terms in the Advertising. If there is any inconsistency, the Schedule prevails over these Conditions of Entry, these Conditions of Entry prevail over the abbreviated conditions, and the abbreviated conditions prevail over the Advertising.

1.2 Capitalised terms not defined in these Conditions of Entry have the meaning given in the Schedule. A reference to the singular includes the plural and vice versa. All times are Hobart time.

1.3 In these Conditions of Entry:

• Consumer Laws means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Entrant means a person who submits or attempts to submit an entry.
• Intellectual Property Rights means all present and future rights of whatever nature anywhere in the world, including 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 registration of such rights.
• Laws means all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions and judgments.
• Losses means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.
• Non-Excludable Guarantees means the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth), and any other guarantees or implied warranties under the ASIC Act or similar consumer protection laws of the States and Territories of Australia, that cannot lawfully be excluded.
• Participating Operator means each tourism operator that provides an experience, accommodation or other service as part of a Prize, as notified by the Promoter. Participating Operators are independent of the Promoter.
• Personal Information has the meaning given in the Personal Information Protection Act 2004 (Tas).
• Panel and Shortlist have the meanings given in clause 4.2.
• Schedule means Part 2 of this document.
• Conditions of Entry means Part 3 of this document.
• Companion means the one person a winner nominates to accompany and participate in the prize, who must be aged 18 or over when nominated by the Winner. Verification under clauses 4.7 and 2.3 applies to the Companion.
• Winner means the author of the Eligible Entry that has been awarded a Prize, including replacement winners under clause 4.6.
• Privacy Policy means the Privacy Policy available on the Discover Tasmania website.

2. Duration and eligibility

2.1 The Competition is conducted during the Promotional Period.

2.2 The Competition is open to Eligible Entrants only. Entrants can only enter in their own name. A winner must also meet the travel requirement in the Schedule.

2.3 Directors, management, officers, employees and contractors of the Promoter and associated agencies, retailers, suppliers and companies, and their immediate families, are ineligible to enter. In this clause, “immediate families” means the person’s spouse, ex-spouse, de facto spouse, child, step-child, adopted child, parent, step-parent, grandparent, uncle, aunt, sibling, step-sibling or first cousin, whether or not they live in the same household as the director, manager, officer, employee or contractor.

3. How to enter

3.1 Entry Method. Eligible Entrants may enter during the Promotional Period through the Competition Entry Channel only. Entries in any other form will not be accepted. Entrants must provide all mandatory information required, which may include their full name, date of birth, residential address, current and valid email address, and contact telephone and mobile numbers. An entry is accepted at the time the Promoter receives it, not when it is transmitted. The costs of entering are the Entrant’s responsibility.

3.2 One entry only. Each Eligible Entrant may enter once only. Any entry after the first valid entry is received is invalid. An entry made on an Entrant’s behalf by a third party or by proxy is invalid. Automated entry software, or any other means that allows an Entrant to enter repeatedly, is prohibited and makes all of that Entrant’s entries invalid.

3.3 Valid entries. Entries are final. The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries, and entries over 50 words, are invalid. An entry is also invalid if the Promoter cannot contact the Entrant using the details provided. Once submitted, an entry cannot be withdrawn, altered or deleted (except as required by the Promoter), but an Entrant may update or correct their Personal Information, including contact details, under clause 7.5. For the avoidance of doubt, a correction made after the Promotional Period closes does not make an invalid entry valid.

3.4 Content rules. The Promoter may, in its sole discretion, reject an entry if its Content:

• does not comply with the entry requirements in the Schedule, these Conditions of Entry or on the Competition Entry Channel;
• contains, depicts, alludes to or promotes aggressive, unruly, antisocial, offensive, lewd, discriminatory, sexually suggestive, violent or illegal material or behaviour, any swearing (including masked profanities), alcohol or smoking;
• parodies, disparages or makes fun of the Promoter or any Participating Operator;
• is false, misleading, deceptive, defamatory, harassing or threatening;
• provides any telephone numbers, street addresses, last names, URLs or email addresses, or solicits Personal Information from anyone;
• names or identifies another person, other than by a general descriptor such as “my brother” or “a friend”, without that person’s consent;
• involves commercial activity or sales without the Promoter’s prior written consent; or
• infringes a third party’s rights, or has been used in previous marketing materials or promotions for any third party.

3.5 Entrant warranties. By entering, each Entrant warrants to the Promoter that:

• the Content is original, they own it, and they have all authority and permissions needed to submit it and to allow its use in any manner, in any media, worldwide and in perpetuity;
• the entry does not infringe the privacy, copyright, contract or other rights (including Intellectual Property Rights) of any person or entity, and does not breach any confidence;
• the entry is not illegal, indecent, obscene, threatening, discriminatory, harassing, defamatory, offensive or objectionable, and does not contravene any Laws or the requirements or directions of any regulator;
• the Content has not been used in previous marketing materials or promotions for any third party, and no third party has been granted use of it;
• the entry does not misrepresent or suggest that any entity has the approval or sponsorship of another entity that it does not have;
• the information provided is true, accurate and complete; and
• their conduct in creating the entry was lawful.

3.6 Responsibility for entries. Each Entrant is solely responsible and liable for their entries (including the Content). The Promoter may remove any entry that breaches these Conditions of Entry, and a removed entry is not an Eligible Entry. To the extent permitted by law, the Promoter excludes all liability for the content of entries.

4. Judging, winners and claiming

4.1 Game of skill. The Competition is a game of skill and chance plays no part in determining the winners.

4.2 Judging. The Promoter will appoint a Panel of appropriately qualified judges (the Panel). The Promoter or the Panel may reduce the Eligible Entries to a shortlist for the Panel’s final judging (the Shortlist). The Panel judges Shortlisted Eligible Entries on the merit of their response to the Competition Question, in its absolute discretion. The Panel selects the four (4) entries it considers best, one for each Prize, and ranks the other Shortlisted Eligible Entries in order of merit for use under clause 4.6.

4.3 AI tools. The Promoter and the Panel may use artificial intelligence tools to help sort, assess or shortlist entries. Those tools may be provided by a third party that processes data outside Australia. The AI tools will not determine the winners. The Panel determines the winners. For more information on how your data will be handled, please refer to the Tourism Tasmania Privacy Policy.

4.4 Judges’ decision. The Panel’s decision is final and no correspondence will be entered into.

4.5 Notification. Winners will be notified in writing on or before Friday, 11 December 2026. The Promoter and its PR agency will take all reasonable steps to notify winners.

4.6 Replacement winners. If an Entrant selected as a winner:

• is ineligible, or their entry is ineligible;
• cannot be notified within a reasonable timeframe of 7 days by the Promoter or its PR agency; or
• is unable to accept, declines to participate in the Prize, or does not accept it within the timeframe required by the Promoter or its PR agency,

then the Prize will be awarded to the next ranked Shortlisted Eligible Entry under clause 4.2. The Promoter or its PR agency will continue this process until all four (4) Prizes are awarded or, if earlier, Friday, 8 January 2027. A replacement winner must claim their Prize by the date the Promoter notifies to them, which may be after the Claim Date in the Schedule, but no later than Friday, 15 January 2027. If a Prize has not been claimed by 15 January 2027, the Promoter may, in its sole discretion, not award a Prize.

4.7 Verification. Before issuing a Prize, and at any time during their participation in it, the Promoter (or its nominated agent) may require an Entrant, a winner or a Companion to produce, within the requested time, appropriate photo identification or other documentation to the Promoter’s satisfaction, in its sole discretion, to confirm their identity, age, residential address (including for clause 5.3), eligibility to enter and claim a Prize, and any information submitted with the entry. A Prize will only be awarded after any validation and verification the Promoter or its agents require. If required documentation is not received, or an Entrant or entry is not verified to the Promoter’s satisfaction, all of that Entrant’s entries may be ineligible and invalid. An Entrant who provides incorrect, misleading or fraudulent information is ineligible, and all of their entries may be deemed invalid at the Promoter’s discretion. If a nominated Companion does not pass verification, the Winner may nominate another Companion, subject to verification.

4.8 Claiming and releases. A winner claims their Prize by accepting it in writing by the Claim Date (or, for a replacement winner, the date notified under clause 4.6 which will not be later than 15 January 2027). As a condition of accepting and taking part in a Prize, a winner and their Companion (if any) may be required to sign eligibility forms, codes of conduct, a Prize acceptance release, a Talent Release (clause 6.2) and any other legal release, in a form the Promoter determines in its absolute discretion, before receiving the Prize or taking part. The winner must make sure their Companion signs, and a Companion who does not sign may be refused participation.

5. The Prize

5.1 Prizes. There are four (4) Prizes. Each Prize is valued at up to the Prize Value, and the Total Maximum Prize Value is up to AUD$20,000. Each Eligible Entrant can win one (1) Prize only. Each Prize is as described in the Schedule, but may be changed by the Promoter. The Promoter decides the providers, itinerary and specific accommodation and experiences, and how the Prize Value is allocated, wholly at its own discretion and within the Prize Value. Except as these Conditions of Entry provide, a Prize is not transferable or exchangeable, cannot be sold, cannot be taken as cash, must be taken as offered, cannot be varied, and cannot be used with any other offer. A voucher, a pass, or a ticket will not be replaced should they become lost, stolen, or damaged, unless the Promoter at its sole discretion decides to replace it. All Prize values are the recommended retail price including GST and, in the case of 5.3 and 5.5, dependent on the point of departure. The Promoter accepts no responsibility for any variation in Prize value or for any tax implications of winning, and independent financial advice should be sought by the winner. Each Prize is subject to the prevailing terms and conditions of the Participating Operators and these Conditions of Entry.

5.2 Participating Operators. To the extent permitted by law, the Promoter is not responsible for the acts or omissions of Participating Operators. A Participating Operator may require a winner and their Companion (if any) to accept the operator’s own terms, or sign a waiver or acknowledgement, before taking part. A person who does not accept or sign may be refused participation in that Participating Operator’s part of the Prize, without compensation or any alternative experience from the Promoter.

5.3 Flights. The Prize includes economy flights to and from Hobart or Launceston for the winner and one Companion, from a major city in Australia as nominated by the Promoter. Costs associated with travel to the major city are not covered within the Prize. No flight is provided to any person whose ordinary residential address at the time of the entry is in Tasmania, and a person who does not receive a flight receives no cash, credit or other substitute for it. A Companion whose ordinary residential address at the time of the entry is outside Tasmania receives an economy flight, even if the winner does not. The Promoter decides, acting reasonably, where a person’s ordinary residential address is, and may ask for documents to confirm it under clause 4.7. The winner and their Companion must travel together and depart from and return to the same departure point. This does not apply where the winner’s ordinary residential address is in Tasmania and the Companion’s is not: in that case the Companion travels alone on the flights and the winner and Companion meet in Tasmania.

5.4 Accommodation. The Prize includes two (2) nights’ accommodation in one room for two (2) people. A winner may be required to present a credit card at check-in, or earlier, at the discretion of the Participating Operator.

5.5 Hire vehicle. The Promoter arranges and pays for hire of a motor vehicle for three (3) days. Vehicle type is subject to availability, and the hire is subject to the rental company’s normal rental terms and conditions. The hirer must hold a current valid Australian or New Zealand driver’s licence and be aged 21 years or older, unless the rental company permits a younger driver. The hirer is responsible for meeting the rental company requirements to hire a vehicle. The winner may nominate their Companion as the hirer, subject to the Promoter’s consent. If neither the winner nor their Companion meets these requirements, this element of the Prize is forfeited and the Promoter may arrange an alternative form of transport in its sole discretion. The Promoter accepts no responsibility for damage or mistreatment of the hire vehicle by the hirer, and is not liable for additional expenses the hirer incurs through mistreatment, illegal behaviour or breach of the hire terms. All insurance (including any excess), fuel, fines, tolls, damage costs, security deposits, surcharges (including for young or additional drivers), and other related expenses are the responsibility of the winner and their Companion. The hire vehicle must be returned to the original pickup location or another location nominated by the rental company.

5.6 Spending Card. The Prize includes a prepaid Visa gift card (the Spending Card) of up to AUD$900, with the amount decided by the Promoter within the Prize Value. It is intended to help cover food, fuel and incidental expenses during the trip, and how the winner uses it is up to them. Once issued, the Spending Card is the winner’s responsibility. The Promoter will not replace it if it is lost, stolen or damaged, and is not responsible for any fees, expiry date or merchant restrictions set by the card issuer. Any unspent balance is not refundable by the Promoter and cannot be taken as cash from the Promoter. The Spending Card, and any other voucher, gift card, pass or ticket included in a Prize, cannot be sold, scalped, auctioned, raffled, pledged or promoted by any third party as an inducement to enter into any arrangement. A Prize obtained in any of those ways will not be honoured by the Promoter or any Participating Operator.

5.7 Travel and redemption. The winner must redeem the Prize personally within the Redemption Period and cannot transfer redemption to another person. The winner nominates their chosen trail as the Promoter directs. If a trail is unavailable, the winner must choose another. The Prize must be booked and travelled in full on the dates the Promoter nominates in its sole discretion. Redemption is subject to availability and may depend on travel class availability, room category availability and travel “blackout” periods (including school holidays and public holidays). All components of a Prize must be taken together and when offered, or are forfeited. The winner and their Companion may not accrue frequent flyer points or points from a similar scheme. No extension or variation of the nominated dates is permitted unless these Conditions of Entry (including the Schedule) allow it, or the Promoter allows it in writing in its sole discretion, in which case it is at the cost and responsibility of the winner and their Companion. A Prize cannot be used with travel discounts or special offers. Travel and accommodation may be arranged by a travel agent nominated by the Promoter. A winner must be willing to take part at the times and on the dates the Promoter requires and is solely responsible for obtaining leave from work or study and making any family arrangements. The Promoter is not responsible for any loss of wages or salary. A winner who does not use, or cannot use, any part of the Prize (including a winner who travels without a Companion) is not entitled to a refund, credit or substitute, except under clause 5.12.

5.8 Additional costs. All additional costs and surcharges not expressly included in the Prize are the responsibility of the winner and their Companion. They may include transport to and from the airport departure point and other transfers; meals and beverages beyond the Spending Card balance; telephone, internet and data charges; laundry; excess baggage; items of a personal nature; in-room charges (including room service); travel insurance and any insurance excess; taxes not provided with the Prize as part of standard retail sale other than airfare-related taxes and charges which are included in the Prize; and any other ancillary costs. Where a Prize includes food or beverages, the winner and their Companion must make sure they are consistent with their dietary requirements.

5.9 Accessibility. Entrants should make sure they are comfortable taking part in the type of experiences a Prize may include. When a winner nominates their chosen trail, they must tell the Promoter about any accessibility requirements that they or their Companion have, so the Promoter can check them against the Participating Operators’ requirements. Winners should review each Participating Operator’s accessibility information. The Promoter does not guarantee that any experience will suit every accessibility need. Requirements notified after the winner has nominated their trail may not be able to be met.

5.10 Dangerous activities and health. Some activities in a Prize may be dangerous and may result in injury or death. Winners and their Companions take part at their own risk, subject to the Non-Excludable Guarantees. Each of them:

• must attend and complete any training, briefing, safety demonstration or other requirement that the Promoter or the Participating Operator reasonably requires, including any testing the operator reasonably requires (such as alcohol testing);
• must tell the Promoter and the Participating Operator about any health issue that may affect their safe participation, if the Promoter or operator reasonably asks or if the person reasonably believes their condition requires disclosure, and must give written clearance from their doctor if the Promoter or operator reasonably requires it for a particular activity;
• must meet the operator’s participation requirements for each activity, including any medical, age, fitness or ability requirements, and must not take part if they know a medical condition would make participation unsafe for them or others;
• must not be under the influence of drugs or alcohol, except that, if the Promoter and the Participating Operator expressly permit it, a person aged 18 years or older may drink alcohol in moderation, but must not be under the influence of alcohol to the extent that it impairs their understanding, judgement or participation, and subject to any limits the operator sets;
• must follow all reasonable directions from the Promoter, any Participating Operator and relevant officials at any time while taking part in a Prize; and
• must wear all required safety and other equipment.

The Promoter will use health information given under this clause only to assess safe participation, and may share it with the relevant Participating Operator for that purpose.

5.11 Conduct and refusal of participation. Winners and their Companions must conduct themselves in a responsible, courteous and friendly manner while taking part in a Prize, and must follow all reasonable directions given by the Promoter, any event organiser or any Participating Operator, including directions about behaviour, safety and responsible consumption of alcohol. The Promoter and any Participating Operator may refuse a person participation in any or all aspects of the Prize if they reasonably believe the person poses a safety risk or does not comply with these Conditions of Entry or a direction, and may cancel the relevant part of the Prize if conditions are unsafe. They may also, in their absolute discretion, refuse entry into or departure out of a destination, remove a person from an event, or refuse participation in certain activities on the grounds of inappropriate behaviour, safety or breach of these Conditions of Entry. If a winner or Companion fails to take part in the manner required and, in the Promoter’s reasonable opinion, the failure warrants it, their entry and the balance of the Prize may be forfeited. No compensation is payable if a person cannot use part of a Prize because participation is refused for health, age, behaviour or safety reasons.

5.12 Unavailable elements and substitution. If an experience or other element of a Prize cannot go ahead or becomes unavailable for a reason beyond the Promoter’s reasonable control (including weather, seasonal closures, track conditions, fire or emergency restrictions, an accessibility requirement that cannot be met, or a cancellation or cessation of trading by a Participating Operator), the Promoter will use reasonable endeavours to reschedule the element within the Redemption Period or to offer a comparable alternative element of a similar value. If it cannot, no cash, credit or other compensation is payable. This clause does not apply where a person is refused participation under clause 5.2, 5.10 or 5.11.

6. Publicity, media, Camera and intellectual property

6.1 Winners’ consent and publicity. As a condition of entering, each Eligible Entrant who is a winner consents to the Promoter publishing, and using in any media worldwide for an unlimited period without further notification, remuneration or compensation, their entry, name, locality (including suburb and State or Territory of residence), likeness, image and voice (including photographs, film and recordings of them), for the purpose of promoting, publicising or marketing the Competition (including any outcome). A winner must take part in all reasonable promoted activities in relation to the Competition requested by the Promoter and its agents, and sign any additional documents reasonably required to give effect to this clause. Each winner must make sure their Companion (if any) gives the same consent for their name, locality, likeness, image and voice, and agrees to the same activities and documents. This clause does not limit clause 6.3, which applies to Media Content.

6.2 Media activities and Talent Release. The Promoter and its agents may photograph, film, record and interview the winner and their Companion (if any) while they take part in the Prize. By accepting the Prize, each winner agrees to take part in any reasonable media activities the Promoter asks for, on reasonable notice. Participation in the Prize is conditional on the winner and their Companion signing any Talent Release the Promoter requires, in the form the Promoter decides, before any filming or recording takes place.

6.3 Media Content. Media Content means photographs, video recordings, audio recordings, interviews and other media created by or for the Promoter (including by its agents) while a winner and their Companion take part in the Prize, other than the Camera Images. Media Content belongs to the Promoter. To the extent a winner or Companion has any rights in Media Content (including in their contribution to it), each winner grants and must make sure their Companion grants the Promoter, its affiliates and any third parties the Promoter authorises a perpetual, worldwide, irrevocable, royalty-free and transferable licence to use, reproduce, edit, adapt, publish, distribute, broadcast and display it, and consent to the use of their name, likeness, image and voice appearing in it, in any media now known or later devised, for any purpose, including advertising, marketing, promotional and publicity purposes, across paid, owned and earned channels, and any other commercial or non-commercial purpose. This includes posting it on social media, storing it in the Promoter’s visual image library, editing it, and combining it with other material, captions or music. The Promoter is not obliged to use Media Content. Winners and their Companions have no right to inspect or approve Media Content or its use, and no right to royalties or other compensation.

6.4 Private areas. A winner or Companion who wants to photograph, film or record in a private area must first get consent from the person in control of that area. Private areas include accommodation rooms, operator back-of-house areas and private property. This applies to anything they capture themselves, with the Camera or otherwise. The Promoter and its agents will get that consent before they film or record in a private area, and may decline to use, or delete, anything captured without consent.

6.5 Camera (invitation only). The Promoter may supply a digital camera with the Prize (the Camera). The Camera is lent to the winner for the trip and remains the Promoter’s property at all times. The Promoter invites each winner to take images with the Camera during the trip and to return it as the Promoter directs, at the Promoter’s cost. This is an invitation only. A winner who takes no images, or does not return the Camera within 30 days after the end of their trip, does not lose any part of the Prize, but the Promoter may charge a replacement fee of the market value of the camera, which the winner must pay within 30 days of the Promoter’s invoice. No fee is charged if the Camera is returned. When the Camera is returned, the Promoter may retrieve all images stored on it (the Camera Images) and will use them only as clause 6.6 allows. Winners should only capture images they are comfortable with the Promoter seeing and using under these Conditions of Entry. The Promoter may, but need not, give copies of the Camera Images to the winner, and may decline to use, or delete, any of them.

6.6 Camera Images licence. The winner (and their Companion, if they took the image) keeps copyright in the Camera Images. By returning the Camera, the winner grants the Promoter, and agents it authorises, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, edit, crop and caption the Camera Images on the Promoter’s social media channels, including sharing by others using a platform’s own sharing features. The Promoter may store the Camera Images in its visual image library for that purpose. The Camera Images must not be used in Paid Media. Paid Media means any use where the Promoter or its agents pay to display, boost, promote or place content, including social media advertising and boosted posts. The winner consents to the Promoter editing the Camera Images and not attributing them, and consents to any act or omission that would otherwise infringe moral rights in them. The winner must make sure their Companion (if any) agrees to this clause, and warrants that they or their Companion took every Camera Image.

6.7 What not to capture. On the Camera, a winner and their Companion must not capture an identifiable person without that person’s consent, an identifiable person under 18, or an operator’s staff without permission. Clause 6.4 covers private areas.

6.8 Moral rights. Each winner consents, and must ensure their Companion consents, to any act or omission in relation to the Media Content that would otherwise infringe their moral rights under the Copyright Act 1968 (Cth).

6.9 Release. To the extent permitted by law, each winner releases and must ensure their Companion releases the Promoter and its employees, agents and contractors from claims arising from the Media Content or the Camera Images, or their use as this clause 6 permits, including claims for defamation, invasion of privacy or infringement of Intellectual Property Rights. This does not limit the Non-Excludable Guarantees.

6.10 Social media posts. The Promoter may, in its discretion, ask a winner or Companion to remove, edit or not publish a social media post about the Prize if it considers the post inappropriate, defamatory, offensive, unlawful, misleading, in breach of these Conditions of Entry, or not a positive portrayal of the Prize. The decision is made by the Promoter or a person it authorises, including a representative of its PR agency. The Promoter is not obliged to make a request. If it does, the winner must comply promptly or ensure their Companion complies promptly. This clause does not limit the Promoter’s other rights under these Conditions of Entry.

6.11 Intellectual property in entries. Each Eligible Entrant:

• expressly consents, for the benefit of the Promoter, to all or any acts or omissions that would ordinarily infringe their moral rights in their entry (including the Content) under the Copyright Act 1968 (Cth), including the Promoter treating the entry in any manner at its sole discretion, altering it, and not attributing authorship to the Eligible Entrant; and
• as the Schedule provides, absolutely and unconditionally assigns to the Promoter all right, title and interest in all Intellectual Property Rights in their entry (including the Content), and agrees to use their best endeavours to procure any relevant third party to do the same.

An entry and all Intellectual Property Rights in it become the property of the Promoter at the time of entry, whether or not the entry wins. Each Entrant must, on request, sign all documents and do all acts necessary to vest those rights in the Promoter.

6.12 Promoter’s intellectual property. All right, title and interest in the Promoter’s promotional materials, brands, logos, trading names, products and services, and in the Competition Entry Channel, remain with or vest in the Promoter or the applicable third party. Participation in the Competition does not transfer, assign or grant any ownership rights in them.

7. Privacy and data

7.1 Collection and purpose. The Promoter collects Personal Information about an Eligible Entrant to include the Eligible Entrant in the Competition and award Prize(s) (where appropriate). The Promoter may also use de-identified, aggregated information from entries (for example, common themes in responses) to inform future campaigns; this information will not identify any entrant. If the Personal Information requested is not provided, the Eligible Entrant cannot participate in the Competition and is deemed ineligible.

7.2 Promotional Partners. Promotional Partners may require Eligible Entrants to provide Personal Information to them to process a valid Prize claim. Eligible Entrants must satisfy themselves with the privacy policies of any Promotional Partners, as the Promoter will not accept any responsibility for the handling of Personal Information by Promotional Partners.

7.3 Use of entrant details and marketing. Eligible Entrants acknowledge that their Personal Information will be collected by the Promoter for the primary purpose of administering the Competition. Eligible Entrants will not be added to the Promoter’s marketing database. The Promoter will not use the entrant details for any purposes other than the Competition. The Promoter will not share an Eligible Entrant’s Personal Information with its Promotional Partners, servants, employees or agents for marketing purposes. Eligible Entrants acknowledge and agree that their Personal Information will be used solely for the administration of the Competition. This clause does not limit the publication and use of a winner’s details under clause 6.1.

7.4 Storage and Privacy Policy. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy, which can be accessed at discovertasmania.com.au/privacy-policy. These Conditions of Entry prevail to the extent of any inconsistency between them and the Privacy Policy.

7.5 Access, correction and complaints. Eligible Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Data Protection Officer at dataprotectionofficer@tourism.tas.gov.au. The Promoter is committed to complying with the Personal Information Protection Act 2004 (Tas) and ensuring the privacy of Eligible Entrants’ Personal Information. Any complaints regarding the treatment of Personal Information should be directed to the Promoter’s Data Protection Officer at dataprotectionofficer@tourism.tas.gov.au.

7.6 Data deletion. All Personal Information collected from entrants will be scheduled for hard deletion as follows:

• Stage 1: Personal Information of entrants not shortlisted will be deleted as soon as the shortlisting process is completed.
• Stage 2: Personal Information of shortlisted entrants will be deleted once all Prizes have been claimed.
• Stage 3: Personal Information of the winners will be deleted post competition fulfilment.

This does not apply to information the Promoter is required to keep by law, or may keep under these Conditions of Entry, including published winner details, Media Content, Camera Images, signed releases, and responses to the Competition Question with names and contact details removed.

8. Disqualification, liability and general

8.1 Disqualification. The Promoter reserves the right to verify the validity of any entry and to disqualify an Entrant, winner or Companion, prohibit participation in a Prize or any component of it, or cease to provide any Prize benefit, if the person:

• tampers with the entry process;
• submits an entry that is not in accordance with these Conditions of Entry;
• engages in unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition; or
• acts in a way, or causes material to be published, that the Promoter in its sole discretion considers inappropriate, aggressive, defamatory, offensive or contrary to law, diminishes the good name or reputation of any Participating Operator, the Promoter, its related bodies corporate or their products, or is otherwise not in keeping with the spirit of the Competition.

A winner can be disqualified after being notified that they have won if they are found not to have acted in accordance with these Conditions of Entry. The Promoter’s legal rights to recover damages or other compensation from an offender are reserved. Failure by the Promoter to enforce any of its rights at any stage is not a waiver of those rights.

8.2 Liability. To the extent permitted by law, the Competition and associated services are provided on an “as is” basis, without any warranties, express or implied. Neither the Promoter nor its associated agencies and companies make any representation about the completeness, security, reliability, quality or availability of the Competition. To the extent permitted by law, the Promoter (including its officers, employees and agents) and its associated agencies and companies exclude all liability (including under contract, tort or negligence) for any loss or damage of any kind arising out of or in connection with the Competition or any Prize, even if it was foreseeable. This includes personal injury, emotional distress, loss of opportunity, loss of revenue or profits, loss of use or goodwill and loss of data, whether direct, indirect, special, incidental, consequential or punitive, and any loss arising from:

• technical malfunctions, delays or failures, including any incorrect, inaccurate or incomplete information communicated as a result;
• theft, unauthorised access or third party interference;
• lost or damaged entries, Prize claims or Prizes; and
• acceptance or use of any Prize.

Each Entrant enters the Competition, accepts or takes part in any Prize, and deals with the Promoter, its associated agencies and companies and other participants, at their own risk. Manufacturers and distributors should be contacted about all Prize warranty claims (where applicable).

8.3 Non-Excludable Guarantees. Nothing in these Conditions of Entry limits, excludes or modifies the Non-Excludable Guarantees, including any applicable consumer guarantee under the Consumer Laws. Clause 8.2 applies except for any liability that cannot be excluded by law.

8.4 Social media. The Competition is not sponsored, endorsed or administered by any social media site or third-party media channel on which it is promoted. To the extent permitted by law, each Entrant releases that site or channel from all liability arising in respect of the Competition, and must direct any questions, comments or complaints about the Competition to the Promoter and not to the site or channel.

8.5 Indemnity. 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:

• a breach by the Entrant of these Conditions of Entry or of any other legal obligation, including any third party claim arising directly or indirectly from that breach and any Losses the Promoter incurs in connection with it;
• a negligent, wilful or otherwise wrongful act or omission of the Entrant;
• fraudulent or dishonest acts or omissions of the Entrant;
• any breach by the Entrant of any applicable Laws;
• the death of, or personal injury to, any person, or any damage to, or loss or destruction of, any property, to the extent caused by an act or omission of the Entrant; and
• any claim or allegation that the Entrant’s entry infringes a third party’s Intellectual Property Rights, or constitutes an unlawful disclosure, misuse or misappropriation of another party’s trade secret or confidential information.

An Entrant or winner is responsible under this clause for the acts and omissions of their Companion.

8.6 Interference. Any attempt to cause malicious damage or interference with the normal functioning of the Competition Entry Channel or the information on it, or otherwise to undermine the legitimate operation of the Competition, may violate criminal and civil laws. If such an attempt is made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

8.7 Changes and cancellation. If the Competition is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including airline strikes, pandemic, epidemic, war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, or any other cause that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition and, if necessary, to provide alternative Prizes of a similar value as the original Prizes.

8.8 Severability. If any provision or clause within these conditions of entry become illegal, invalid, or unenforceable in a jurisdiction, it is severed for that jurisdiction to the extent of the identified illegality, invalidity, or unenforceability. All remaining elements of the conditions of entry is not affected.

8.9 Variation. The Promoter may vary these Conditions of Entry, the Schedule, and the Abbreviated Conditions of Entry to the extent required by law or to correct an error, providing that the variation does not invalidate an entry or reduce a winner’s Prize. A variation takes effect when the Promoter publishes the varied version of the Terms and Conditions on the Competition Entry Channel. Variations will apply to all entries including any that have already been received.

8.10 Decisions and governing law. All of the Promoter’s decisions in respect of the Competition are final and no correspondence will be entered into. The Competition and these Conditions of Entry (including the Schedule) are governed by the Laws of Tasmania and any applicable part of the Consumer Law, and each Eligible Entrant submits to the exclusive jurisdiction of the courts of Tasmania and any courts competent to hear appeals from those courts.