Competition Terms and Conditions

Game of Chance

Velocity Frequent Flyer Flybuys Auto Transfer Monthly Competition Conditions of Entry

A.  General

1. The terms of this document, information on how to enter this Promotion, mechanics of entry and the Prize/s form part of the terms and conditions for entry into this Promotion (Conditions). Entry into this Promotion is deemed acceptance of these Conditions by each Entrant.

2. The Promotion commences at 00:01am AEST on 1 May 2024 and ends at 11:59pm AEST on 30 April 2025 (Promotion Period).

3. The Promoter is Velocity Frequent Flyer Pty Ltd (ACN 601 408 824) of registered address 275 Grey Street, South Brisbane QLD 4101.

4. Entry is open to Australian residents aged 18 years and over who are:

a) valid current Flybuys members (or new Flybuys members who join during the Promotion Period) and valid current Velocity Frequent Flyer members (or new Velocity Frequent Flyer members who join during the Promotion Period); and

b) have opted into Auto Transfer Flybuys points to Velocity prior to or during the Promotion Period; and

c) make an Auto Transfer of a minimum 1,000 Flybuys points to 500 Velocity Frequent Flyer points during an Individual Draw Period (Entrants).

To be a valid Flybuys member, the Flybuys member account must include the member’s first and last name, a postal address, an email address and a contact phone number current at time of draw and prize distribution.  

5. The directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate and agencies associated with this Promotion are not eligible to enter this Promotion.

B. Entry

6. Entrants will be automatically entered into the Promotion if they are opted into Auto Transfer Flybuys points to Velocity and have made an Auto Transfer of a minimum 1,000 Flybuys points during an Individual Draw Period within the Promotion Period. A valid Entry will be admitted to the Individual Draw which aligns with when the Entry was received (for example, if an Entrant completes an Auto Transfer in May, the Entry will be admitted to the first Individual Draw). See paragraph 11 below for further details on the Individual Draw Periods.

7. Multiple Entries are permitted during the Promotion Period, and Entrants will receive an automatic entry into the Promotion for each Auto Transfer of a minimum 1,000 Flybuys points to Velocity during the Promotion Period. A valid Entry will not be admitted to more than one Individual Draw.

8. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission.  Entries received will be considered final by the Promoter. Illegible, incomprehensible and incomplete entries will be deemed invalid. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by the Promoter.

9. If you enter the Promotion but no longer wish to participate, please email info@velocityfrequentflyer.com or call 13 18 75 and provide your full name and Velocity membership number and you will be removed from the Promotion.

10. Costs associated with entering the Promotion remain an Entrant’s responsibility and may vary.

C. Drawing Winners

11. A draw will be conducted for each Individual Draw Period listed below (each draw being an Individual Draw) during the Promotion Period on the dates listed in the below table, for a total of 12 Individual Draws. All decisions of the Promoter are final and no discussions or correspondence will be entered into by the Promoter. Additional reserve entries may be drawn and recorded in order in case an invalid entry or ineligible Entrant is drawn. The Individual Draws will take place at Anisimoff Legal at 3 Amy Close, Wyong NSW 2259 at 1:00pm New South Wales local time on the below Prize Draw Dates.

12. The ten winners of each Individual Draw (each, a Winner) will be notified in writing and via the phone within two (2) business days of the relevant Prize Draw Date and their names will be published on the Velocity Frequent Flyer website on the second business day after the Prize Draw Date. The notification may include instructions as to how the Winner is to claim the prize and establish the Winner’s entitlement to it.

13. If a prize is not claimed within 14 days of the Prize Draw Date, a redraw will occur. A draw for any unclaimed prize may take place 30 days after a Prize Draw Date at the same time and place as the original draw, subject to any directions from a regulatory authority.

14. A redrawn Winner, if any, will be notified in writing within two (2) business days of the draw. The name of any re-draw Winner will be published at velocityfrequentflyer.com/member-support/media-centre after the re-draw date.

15. Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received.

16. This is a game of chance and skill plays no part in determining the outcome.

D. Prize

17. There are ten prizes to be won for each Individual Draw. There are a total of 120 prizes to be won throughout the Promotion Period. The first ten valid Entries drawn in each Individual Draw will win 10,000 Velocity Frequent Flyer Points and 10,000 Flybuys points (Prize). The Velocity Points component of the prize may be redeemed for goods and services with an approximate value of $271AUD (including GST) in accordance with paragraph 20 and 21 below. The Flybuys points component of each prize is 10,000 Flybuys points valued at up to $50AUD.

18. Total Velocity prize pool value for the Promotion Period is $32,542AUD (including GST). Total Flybuys prize pool value for the Promotion Period is $6,000AUD (including GST). The prizes, or any unused portion of a prize, are not exchangeable, transferrable and cannot be taken as cash.

19. The Velocity Points and Flybuys points will be credited to the Winner’s respective account within 30 days.

20. Use of Velocity Points is subject to the Velocity membership Terms and Conditions, which are located on the Velocity Frequent Flyer website at: https://www.velocityfrequentflyer.com/content/TermsConditions/. Flybuys point prizes are subject to terms detailed at https://experience.flybuys.com.au/flybuys-terms-and-conditions/.

21. Velocity Points will be allocated to the Velocity member’s account only. Value is based on a sample of the Velocity Frequent Flyer Points options that could be obtained by redeeming the prize through the Velocity Frequent Flyer Points program at the time of this Promotion (as more fully defined in the terms and conditions of the Velocity Frequent Flyer Points program which can be viewed at www.velocityrewards.com). The estimate of value is provided for the purposes of licensing this promotion only – the value of the Velocity Frequent Flyer Points will vary depending on how and when they are redeemed by the winners through the Velocity Frequent Flyer Points program. Any ancillary costs associated with redeeming the Velocity Frequent Flyer Points are not included. Any unused balance of the Velocity Frequent Flyer Points will not be awarded as cash.

22. The Velocity Frequent Flyer Points can be redeemed through the Velocity Frequent Flyer Points program in several ways, in accordance with the terms and conditions of the Velocity Frequent Flyer Points program and Velocity Frequent Flyer Points store.

23. The Prize will be awarded to the Entrant named in the Entry.

24. If any 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.

E. Privacy

25. By entering this Promotion, Entrants agree to be contacted in relation to this Promotion by the Promoter. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter. A request to access, update or correct any information provided in an entry should be directed to the Promoter.

26. The Promoter is collecting your personal information for the purpose of conducting the Promotion, including providing any Prize to you. If the Promoter cannot collect your personal information, we will not be able to enter you in the Promotion or provide you with a Prize. The Promoter may also disclose your personal information to and/or collect your personal information from its related companies (including Virgin Australia Airlines Pty Ltd and Velocity Rewards Pty Ltd) and third parties who provide (or help the Promoter provide) products and services. The Promoter may disclose your personal information to persons or organisations located in overseas countries, as described in the Promoter’s Privacy Policy (www.virginaustralia.com/privacy). The Promoter’s Privacy Policy also states how you can seek to access or correct your personal information and how to make a privacy complaint. You can contact the Virgin Australia Privacy Officer in at privacy@virginaustralia.com. The Promoter will provide Winners’ personal information to Loyalty Pacific Pty Ltd (Flybuys) for the purpose of fulfilling the Flybuys points prize. Flybuys uses and manages entrants’ personal information in accordance with its privacy policy. Flybuys will not disclose this information provided by you unless required or authorised by law or in accordance with their Privacy Policy. For any Flybuys related privacy queries please contact the Flybuys Privacy Officer via email at privacy@flybuys.com.au, via phone on 13 11 16 (Monday to Friday, 9am-7pm AEST, excluding national public holidays) or via post at PO Box 12125, A’Beckett Street, Melbourne, VIC 8006.

27. You consent to the Promoter using your personal information for future promotional and marketing purposes regarding the Promoter’s products and services, including contacting the Entrant via SMS and email messages (and you consent to receive such messages from the Promoter). Information on how to opt-out from these messages is set out in the Promoter’s Privacy Policy.   

28. Entrant’s personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation.

F. Intellectual Property

29. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (Content). To the extent permitted by law, the Promoter is not liable for such Content. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) the Content is the original artistic and/or literary work of the entrant that does not infringe the rights of any third party;

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

30. Each Entrant releases and indemnifies the Promoter and agencies associated with the Promotion against all liability, cost, loss or expense arising out of acceptance of any Prize or participation in the Promotion including (but not limited to) personal injury and damage to property, except to the extent that such liability, cost, loss or expense is caused or contributed by the Promoter’s or its associated agency’s negligent or wrongful act.

31. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.

32. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Winner (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

G. Tax

33. The Promoter will not be liable for any tax liability, including without limitation income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits, incurred by a Winner, an Entrant, their family, associates, employer and/or any other party due to participation in the Promotion or the receipt or the acceptance or use of any Prize or acceptance, receipt or redemption of Velocity Points. Flybuys is not liable for any tax implications arising from Flybuys points prize winnings. Independent financial advice should be sought. In respect of Flybuys points prizes, where this competition involves, for GST purposes, supplies being made for non-monetary consideration, Entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

34. Entrants, the Winner and/or any such relevant party will be required to pay any taxes (including any applicable GST on those taxes and charges) which may be due on receipt or use of the Prize or the receipt or redemption of Velocity Points.

35. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability and/or reportable fringe benefits before acceptance or use of a Prize or the receipt or redemption of Velocity Points.

36. The Promoter, its agents and associated entities do not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using any of the Prizes or from receiving or redeeming Velocity Points.

H. Legal

38. The Promoter reserves the right to verify the validity of entries and to:

a. disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, or does not comply with these Conditions;

b. disqualify any Entrant (and any of their entries) who tampers with the entry process, who submits an entry that is not in accordance with these Conditions, or who engaged in any unlawful or other improper conduct calculated to jeopardise the fair and proper conduct of this Promotion; or

c. disqualify any Entrant (and any of their entries) who has, in the opinion of the Promoter, engaged in conduct when entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter.

The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in 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.

39. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion, or provide the/a Prize/s, on the dates and in the manner described in these Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under relevant legislation.

40. If, for any reason, this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written direction given under relevant legislation.].

41. The Winners and Entrants have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent permitted by law, the Promoter, its associated entities (and their respective officers, employees and agents) and Loyalty Pacific Pty Ltd (Flybuys) are not responsible for and exclude all liability for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Promotion or any Prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, Prize claims or Prizes; (iv) any variation in Prize value to that stated in these Conditions; and (v) acceptance and/or use of any Prize (including but not limited to any component of a Winner’s Prize).

42. Permit numbers: ACT Permit No. TP24/00904, NSW Authority No. NTP/00381, SA Licence No. T24/704