Full Terms and Conditions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR LIKELIHOOD OF WINNING.
When you submit a submission for this Contest, you agree with the official rules below (“Official Rules”). Please see the “Interpretation and Disputes” section below for information about the applicable law and jurisdiction that govern these Official Rules.
When these Official Rules mention “Airbnb,” “Sponsor”, “we,” “us,” or “our,” it refers to the sponsor, organiser and promoter of this Contest (“Contest”), which is Airbnb Ireland Unlimited Company (registration no.:511825) (“Airbnb Ireland”), The Watermarque Building, South Lotts Road, Ringsend, Dublin 4, Ireland.
How to Enter. Entrants into the Contest (“Participants”/“you”) who have reached the age of 18 at the time of participation and comply with the eligibility conditions provided below may enter the Contest from 0000hrs, 19 November 2020, AEST until 2359hrs, 11 December 2020, AEST (“Contest Period”) by following the process below. Submissions must be received through the below process by the close of the Contest to be eligible.
Process: To participate in the Contest and to try to win the prize described below, you have to complete the following steps during the Contest Period: Go to the competition page at http://airbnb.com/d/aussiesummer In the online entry form on the competition page, complete all sections and write an artistic and creative story of 50 words or less in English, describing what memories you hope to make this summer (the “Submission”).
Each Participant can only participate once and you represent that you are at least 18 years old at the time you enter, and a lawful resident of Australia who is currently residing in Australia. To the maximum extent permitted by law, Released Parties (defined below) are not responsible for computer or network problems, problems with servers, problems with email accounts or the failure to receive any Submission for any reason whatsoever which are beyond the Sponsor's reasonable control or for any other errors of any kind, whether mechanical, technical, network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes or in any Contest-related materials. By entering the Contest, Participants agree, on their own behalf, and if applicable on behalf of any guest that as a winner they are permitted to share the Prize with (who may in any event be required to confirm in writing), that they may be contacted by the Sponsor in relation to the Contest and, in the event of a win, agree to take part in any publicity that occurs as a result of the Contest and grant the Sponsor and its group companies and agents the right to use their personal data including without limitation their names and/or images and/or place of residence, and consent to being filmed and photographed with such material potentially being used worldwide in all media in perpetuity at the discretion of the Sponsor (including without limitation statements about the Contest, Prize and Sponsor and the winners and guests’ thoughts, activities, experiences and opinions) – Participants may be required to execute a separate document to confirm their acceptance of this provision and to indemnify Sponsor in relation to such provision.
Eligibility. The Contest is open to lawful residents, aged 18 or over, of Australia, who are currently residing in Australia. If you are not currently residing in Australia, you are not eligible to enter or participate in the Contest. This Contest is void outside of Australia. Directors, officers, employees, independent contractors, advertisers and agents of Airbnb, or their subsidiaries or affiliates (collectively, “Released Parties”), and the members of their immediate families or households (including without limitation spouse, partner, housemates, children, parents, siblings, grandparents, and grandchildren), are not eligible.
Winner Selection. Seven Participants (one each from NSW/ACT, VIC, QLD, WA, SA, TAS and NT) will be selected from the Submissions and will be declared the winner and best story writer of the Contest for that Participant's region. The entries will be shortlisted by a panel of judges on behalf of Airbnb and the winner will be chosen entirely on merit, based on the following criteria applied by the judges:
- 50% Creativity: How creative is the answer and how much does it delight us?
- 30% Originality: How does it surprise us? Is it a unique perspective?
- 20% Responsive: How well does it respond to the question?
The judges’ decisions are final and binding. If substantially similar Submissions are submitted by different Participants, judges will select only the best version of that idea, as determined by the judges in their sole discretion. Except where prohibited by law, if in the opinion of the judges no suitable Submissions are received, or no winner can be contacted or responds as set out in these Official Rules, then the Sponsor may cancel, extend or repeat the Contest in their sole discretion. The Prize (or a substitute of equal or higher value) will be awarded. In the event of a tie, such tied Submissions will be judged by a tie-breaking judge using the criteria set forth above to determine the winner(s). Judging scores will not be revealed. The chances/odds of winning will depend on the number and calibre of eligible entries. For the avoidance of doubt, this Contest is a game of skill. Luck or chance play no part in determining the winner.
Prohibited Content. Submissions/content must be the original work of the Participant and not have been previously published, or entered in any other competition, and must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy, publicity or other moral rights. Submissions must NOT contain: (a) content that endorses/promotes illegal or harmful activity; (b) violent, profane, vulgar, obscene, defamatory or otherwise objectionable material; (c) adult material; or (d) defamatory content. The Sponsor reserves the right to disqualify any participant who violates these prohibitions or any other provision of these Official Rules, or that the Sponsor deems inappropriate for any reason, in their sole discretion.
License. By submitting a Submission, Participants grant the Sponsor a non-exclusive perpetual (or for the term of the protection granted by the relevant intellectual property rights), worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, communicate to the public, broadcast, perform, display, or otherwise use the Submission, in whole or in part, with or without modifications, in any form or medium (including but not limited to internet, any printed medium distributed via press, billposting, point of sale advertising, flyers and leaflets), whether now existing or later developed, for entertainment, promotional and/or advertising purposes and/or any other purpose. To the greatest extent permitted by law, Participants agree in favour of the Sponsor to waive and not to assert or invoke any so-called moral rights in relation to their Submissions (including without limitation the right to be identified as the creator of the work and the right to object to derogatory treatment of the work). For the avoidance of doubt, the license referred to in this paragraph is a fully paid-up license. By entering, you guarantee that your Submission is original as referred to above, and that you have all necessary rights to provide the Submission and to grant to Sponsor the rights set out in these Official Rules, as well as the consent of any person identified, depicted or referred to in the Submission. If lawful in your jurisdiction, you will indemnify and hold Airbnb harmless for any breach of these provisions. Only the winner will receive the Prize according to the next paragraph.
Prize. Each winner will receive the following (the “Prize”): One Airbnb coupon with a face value of A$15,000.00. At the winner's option, the coupon can be issued in the following denominations: 2 x A$7,500, 3 x A$5000 or 4 x A$3750. All coupons are subject to Airbnb's prevailing coupon terms and must be used for bookings within the period commencing on 17 December 2020 and ending on 30 June 2021. All coupons are for a single use only and cannot be used for different or multiple bookings. Each winner’s use of the Airbnb coupon and subsequent stay at listing(s) on Airbnb is subject to the Terms of Service applicable to the Airbnb platform, available at www.airbnb.com/terms. Each winner will need to have an Airbnb account to utilise the Prize. If a winner cancels or shortens his/her stay at a Airbnb listing, the winner will not be entitled to any refund on the whole or any part of the value of the Airbnb coupon.
NOT included in the Prize:
- Any payments, services, goods or benefits not expressly stated above;
- Ground transfers from the winner’s home to/from their airport or train station; and
- Any expenses or spending money (except for any expenses which are expressly included in the Prize description above).
Before awarding the Prize, the Sponsor may require a written confirmation or proof of eligibility, including without limitation proof of place of residence and age of the winner and any guest they are permitted to share the Prize with (for example a passport or driver’s licence, accompanied by an English translation if requested), and proof of travel authorization, if necessary. No substitution or transfer of the Prize is permitted. The Prize may not be redeemed for cash. If due to circumstances beyond the Sponsor's control (which for the avoidance of doubt shall not include non-compliance by any winner or guest with the Suitability Requirements and/or the Prize Conditions), the Sponsor is unable to provide the stated Prize, the Sponsor reserves the right to award, as a substitute, a prize of equal or higher value. All Prize details are at the Sponsor's sole discretion.
Prize Conditions. Save as may be required by any applicable mandatory laws, the Prize will be as referred to in these Official Rules and is, to the maximum extent permitted by law, provided as is, with no express or implied warranty, condition or guarantee. This Contest is subject to applicable local laws and regulations, including but not limited to tax laws. Each winner is solely responsible for any taxes or social contributions applicable to or resulting from the award of the Prize, and the Sponsor will have no obligation for any taxes that may be payable.
If permitted by applicable law, Sponsor may require each winner and, where applicable, the winner’s guest(s) (and the winner’s guests’ parent/legal guardian if the winner’s guest(s) are under the age of majority in their jurisdiction of residence) to sign and return a declaration or affidavit of eligibility (determined at Sponsor’s discretion), a liability release and a publicity release permitting the Sponsor to use the winner’s or the winner’s guests name, image and winning Submission in promotional materials where permitted by law and subject to applicable rules.
Refusal or inability to sign and return any requested declaration, affidavit or other document referred to in these Official Rules within 72 hours of receipt may result in disqualification and awarding of the Prize to an alternate winner.
Each winner and their guest(s) represent they will behave as good citizens and comply with all applicable laws and regulations during their stay at any listing on Airbnb and any other location visited in connection with the Prize. Each winner and their guest(s) agree they will not by any act or omission do anything which might bring the Sponsor into disrepute.
Suitability Requirements. To the maximum extent permitted by law, entry and participation in the Contest and/or Prize is at each winner’s and accompanying guests’ own risk, and health and safety is each winner’s and accompanying guests’ own responsibility.
Notification/Announcement of Winner. The winners will be selected on 17 December 2020 and will be notified by email within 24 hours. Each winner must confirm acceptance of the Prize in writing within 1 day of such notification by email. The Sponsor reserves the right to disqualify any winner who does not confirm acceptance of the Prize in accordance with these Official Rules, and reserves the right to select an alternative winner in such event. The Sponsor may publicly announce the names of the winners within 30 days of the close of the Contest, including through social media channels such as Twitter (@airbnb) and Facebook.
You have made certain representations and warranties to the Sponsor in entering the Contest and/or applying for a place in the Contest. The Sponsor has relied on the accuracy and truth of such representations and warranties. Should the Sponsor or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might (in the Sponsor's opinion, which shall be final) have an adverse effect on the Contest, the Sponsor reserves the right in their absolute discretion (without notice to you and/or without giving reasons) to (i) forfeit your participation in the Contest; or (ii) withdraw the Prize.
General Liability Release. By entering this Contest, Participants release the Released Parties from any liability whatsoever, on any theory, and waive all claims and causes of action arising from or related to this Contest and/or fulfilment and/or use/misuse of the Prize (including any travel or activity related thereto), to the maximum extent permitted by applicable law. However, nothing in these Official Rules limits or excludes any person’s or entity’s liability for death or personal injury caused by their negligence, or fraud, or any other liability which may not as a matter of law be limited.
Personal Data. In order to administer the Contest, Airbnb needs to collect, review and store your personal data (e.g. name, contact details and Submission) (“Competition Personal Data”). The provision of Competition Personal Data is obligatory. If you fail to provide the Competition Personal Data, you will not be able to participate in the Contest. The purpose of processing of the Competition Personal Data is to enable Airbnb to administer the Contest and perform its other obligations under these Official Rules. Airbnb controls the Competition Personal Data but may share the Competition Personal Data with third party prize providers for the purpose of Contest administration and prize fulfilment.
Airbnb will process the names, addresses and likenesses of shortlisted Participants and the winner (and their guest(s) if applicable) (“Shortlist Personal Data”) as controller in order to perform its obligations under these Official Rules (including for the purpose of judging the Contest) and, where permitted by law, for its legitimate interests (e.g. marketing and promotional purposes in relation to the Contest). Airbnb may share the Shortlist Personal Data with third party prize providers for the purpose of Contest administration and prize fulfilment.
In some circumstances, Airbnb may need to ask you to provide it with sensitive personal data e.g. about your health. In these circumstances, Airbnb will ask for your consent to provide it with and for it to process such personal data, and potentially also to share such personal data with third party prize providers.
Interpretation and Disputes. These Official Rules will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of Australia. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Official Rules may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
Cancellation, suspension etc. Participant acknowledges that, subject to applicable law and any approvals that may be required, the Sponsor may cancel, suspend, modify or terminate the Contest if the Sponsor considers it necessary or appropriate to do so for reasons or circumstances which are beyond their reasonable control. Such reasons or circumstances shall include but are not limited to, fire, storm, flood, earthquake, explosion, war, invasion, rebellion, sabotage, epidemic, labour dispute, any action or threatened action endangering air travel and any act or omission (including laws, regulations, disapprovals or failures to approve) of any third person (including subcontractors, customers, governments or government agencies). Furthermore, Participant waives and releases the Sponsor from any and all claims and causes of action arising from or related to any such cancellation, suspension, modification or termination, to the fullest extent permitted by applicable law. No transfer, refund, cash redemption, substitution, cash equivalent or replacement of any Prize by any winner is permitted, except that Sponsor reserves the right to substitute the Prize with one or more items of equal or greater value (or cash equivalent) if it is unable to provide the stated Prize. In the event the approximate retail value of an alternative Prize is different from the actual retail value of that Prize, the difference will not be awarded in cash or otherwise. Any portion of a Prize that is not claimed, not accepted, or unused by any winner will be forfeited and will not be substituted.
Miscellaneous. If any provision or part-provision of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Official Rules. To the maximum extent permitted by applicable law, the Sponsor may suspend, modify or terminate the Contest if it believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Contest, in which case the prizes will be awarded among the eligible Submissions received that were unaffected by the problem, if possible, or as otherwise deemed fair and appropriate by Sponsor.