Official Rules - Stayz HomeStayz Hero Giveaway

Promotional Competition: HomeStayz Hero Holiday Competition (the “Competition”) Official Rules 

This is a Game of Skill competition and chance plays no part in determining the winner. Information on how to enter, the prize and rules for redeeming the prize form part of the terms and conditions of entry for the Competition. Participation in the Competition is deemed acceptance of these Official Rules (“Official Rules”) and any other notices referenced herein. In these Official Rules, the term “you” refers to any person who enters, or who wishes to enter, the Competition. 

1. Eligibility:   The Competition is open only to legal residents of Australia who are at least eighteen (18) years old at the date of entry and who otherwise meet the requirements set out in these Official Rules.  Employees of the Promoter, their subsidiaries, affiliates, prize suppliers and advertising/promotion agencies as well as their respective immediate family (spouse, parents, siblings and children and each of their respective spouses, regardless of where they reside) and household members (whether or not related) of those employees are not eligible to enter. Promoter reserves the right to require entrants to prove that they are eligible. 

2. Promoter: The Promoter of this Competition is Stayz Pty Limited (ABN 41 102 711 599), Level 17, 1 Martin Place, Sydney NSW 2000 (the “Promoter”).  


3. Timing: The Competition begins on 26 October, 2021 at 9:01 a.m. (AEDT) and ends on 8 November 2021 at 11:59 p.m. (AEDT) (the “Competition Period”). 


4. How to Enter: During the Competition Period, visit www.stayz.com.au/homestayzhero (the “Entry Page”) and follow the links and instructions to complete and submit the entry form (and agreeing to these Official Rules), including by: 

(a) telling us in fifty (50) words or less why you are a Homestayz Hero and deserve to win a holiday (“Entry Content”); 
(b) provide all other requested information, including your valid email address and full name. Your entry cannot be offensive, crude, mean-spirited, of a political nature, or otherwise inappropriate, as determined by the Promoter. 


For the purposes of these Official Rules “Entry Content” means any content and/or information that you submit, upload, transmit, publish or communicate in connection with your entry into this Competition. 


5. Entry Content: The Entry Content must include your original answer to the question set out in clause 4(a) above.  By submitting your answer, you grant the Promoter perpetual, royalty free, world-wide, irrevocable, transferable and sub-licensable license to use, modify, copy and amend your Entry Content (including any aspect of your Entry Content) and may use (or allow third parties to use) your Entry Content and any rights in relation to your Entry Content to publicize this Competition and promote the Entry Content in any manner or form or for any other purpose.    For example, the Promoter may publish all or any part of your Entry Content or any amended version of it.  To the extent allowed by applicable law, if you hold “moral rights” (including rights of attribution or integrity) in your Entry Content you expressly consent to the publication, use, modification, deletion or exploitation of your nomination by the Promoter, their affiliates or any of their respective representatives, partners, licensees, sublicensees or successors in title, without regard for those moral rights.  

You warrant that your Entry Content does not breach any third-party rights (for example, intellectual property rights) and its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law).  Your Entry Content must not be obscene, offensive, malicious, discriminatory, indecent, crude, of a political nature or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it must not include language the Promoter deems offensive, must not be in bad taste or mean-spirited and must not be unduly "commercial" in nature, e.g. it must not promote a specific organisation/company or branded product).  

6. Entry Limit: There is a limit of one (1) entry in total per valid email address during the Competition Period. Additional entries will not be acknowledged.  Multiple entrants are not permitted to share the same email address.  If you attempt to obtain entry by using multiple/different email addresses, identities, registrations, or logins, or through any other methods, Promoter may exclude you from participating in the Competition. Participation is subject to Promoter’s Terms of Service, [Stayz TCs]. When you enter, you are providing information to Promoter.   Entries received from any person or Email address in excess of the stated limit will be void.  Entries generated by script, macro or other automated means are void.  Released Parties (as defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void. In the event of a dispute as to any entry, the authorised account holder of the email address used to enter will be deemed to be the entrant. The “authorised account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder. 

7. Judging: The Competition is a game of skill and chance plays no part in determining the winner.  

There will be one (1) winner judged in respect of this Competition from all eligible entries received during the Competition Period. The winner will be the valid entry submitted in accordance with these Official Rules that is judged the winner by the discretion of the Promoter based on creativity and originality of the Entry Content. The judging of the winner will take place on 9 November, 2021 at 10am (AEDT). The potential winner will be notified by email within two  days of judging.  

The potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release (“Declaration”) which must be promptly returned to Promoter, in order to claim his/her prize. If the potential winner of any prize cannot be contacted or fails to sign and return the Declaration or provide any other requested information by Monday 13 November 2021 at 5pm/AEDT)] , the potential winner forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that the potential winner is disqualified for any reason or has not accepted or claimed their prize by the time and date stated above, the Promoter will judge and award the prize to an alternate winner by judging all remaining eligible entries at 10am on 15 November 2021. Any potential winner will be notified by email within two days of determination. 

Winner’s name (including any unclaimed prize winner/s) will also be published on the Stayz social media pages in November.   

8. Prize: There is one (1) prize available. The prize is a AUD$4000 travel credit to be used for a vacation rental stay located in Australia via Stayz.com.au (the “Prize”). This is not a cash prize and Prize cannot be redeemed for cash.  The Prize is subject to the following conditions: 

  1. The full amount of the Prize must be used in a single booking.

  2. Any booking over the value of the Prize (AUD$4,000) will be discounted by $4,000 and winner will be required to pay the difference at the time of booking. 

  3. Re-bookings are not allowed.  

  4. The value of the booking is not refundable and any remaining balance will be forfeited. 

  5. The Prize must be booked by  28 February 2022 and holiday completed by 31 December, 2022.

  6. The value of the booking is not refundable and any remaining balance will be forfeited. 

  7. Re-bookings are not allowed.  

  8. Any booking over the value of the Prize (AUD$4,000) will be discounted by $4,000 and winner will be required to pay the difference at the time of booking.

  9. The full amount of the Prize must be used in a single booking. 

The Promoter will work with the winner to book their travel. The Promoter will be in contact with the winner within 5 business days of determination to book the winner's travel on their behalf. 

The Promoter strongly recommends that you take out travel insurance and consult www.smartraveller.gov.au prior to travelling. You must follow government advice in relation to using their prize, in particular any restrictions in relation to travelling. Please check government advisories before booking and travelling.  In respect of any Prize comprising travel or any other activity, you expressly acknowledge that undertaking such travel or activity is at your own risk and sole discretion and you will make your own assessment of the risks and of your own suitability to participate in or to undertake such activity or travel.  The Prize must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. The prize is subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant, vacation rental agreement terms, booking and availability  accommodation and events; conditions of travel; travel dates and specified travel exclusion periods; any additional fees (payable by you) relating to changes made by you/your companion to the prize after it has been booked; a requirement to present your credit card when checking in to accommodation. 

All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Guests of the winner must be eighteen (18) years of age or older (or travel with a legal guardian) and must execute liability/publicity releases prior to issuance of prize documents. By accepting the prize, winner and their companion/s agree to agree to and abide by any terms, conditions and restrictions related to the vacation rental.  

If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any or all of your companion/s if they breach these conditions, whether or not legally bound by them.  

The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share the Prize. 

The prize is non-transferable, exchangeable or redeemable for cash and no substitution will be made except as provided herein at the Promoter's sole discretion. Without limiting any other term of these Official Rules, the prize (and all elements of the prize) must be taken as and when specified, or will be forfeited with no replacement.  The prize value is correct as at the date of preparing these Official Rules and include any applicable GST.  

The Promoter is not responsible for any tax implications arising from you winning a prize.  You should seek independent financial advice.  If for GST purposes this competition results in any supply being made for non-monetary consideration, you must 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. 

9. Release: By entering, entrants agree to release and hold harmless Promoter and its parent, subsidiary, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Competition or receipt or use or misuse of any prize.  


10. Publicity:
 Except where prohibited, your participation in the Competition constitutes your irrevocable license, permission, and consent to the Promoter's, its agents’ and its affiliated companies use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any manner or media whatsoever, worldwide, without further payment or consideration in connection with this Competition. 


11. General Conditions: The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted. The Promoter reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures, human error, pandemics, acts of government, travel restrictions, changes in laws, or any other factor impairs the integrity or proper functioning of the Competition, or awarding of the Prize, as determined by Promoter in its sole discretion, subject to any necessary approval by the state/territory gaming authorities.  

If you or your entry are deemed by the Promoter to breach these Official Rules, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment).  Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.  

The Promoter reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of the Official Rules of this or any other competition or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. The Promoter's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  

If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.  

12. Limitations of Liability: Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth). 

Subject to the previous paragraph, the Promoter and the agencies and companies associated with this Competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this Competition or any Prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).    

Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this Competition are not liable for any loss of, damage to or delay in delivery of the Prize, or for any damage that occurs to displayed Prize (where relevant).  Unless otherwise specified, Prize will only be delivered to addresses in Australia. 

This Competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter.  You provide your information to the Promoter and not to any social media platform.  You completely release any relevant social media platforms from any and all liability. 

13. Disputes: The Promoter’s decision in connection with all aspects of this Competition is final and no correspondence will be entered into.  

14. Collection and Use of Your Personal Data: The Promoter may collect and process your personal information directly or through the Promoter’s agents or contractors. The Promoter will collect and process personal information from you (i) where the Promoter needs the personal information to perform the Terms & Conditions with you, (ii) where the processing is in the Promoter’s and/or your legitimate interests, (iii) where the Promoter has a legal obligation or (iv) where the Promoter has your consent to do so. The Promoter will use your personal information as necessary in order to conduct and manage the Competition, and where the Promoter has a lawful basis to do so, to send marketing communications to you. Any marketing communications that may be sent by the Promoter to you pursuant to the Promoter’s receipt of your personal information shall be in accordance with your marketing preferences and/or choices exercised at the point of signing up for this Competition.  The Promoter may disclose your personal information to the Promoter’s related companies, agents, and contractors to assist in conducting and managing this Competition, communicating with you, or storing data, as detailed in the Promoter’s privacy policy, found here: https://www.homeaway.com.au/legal/privacy-policy. This may include disclosures to organizations outside Australia, in places such as the United States. Please see the Promoter’s Privacy Statement https://www.homeaway.com.au/legal/privacy-policy for more information about how the Promoter processes your personal information and how you can exercise your rights.  

By entering the Competition, entrant agrees to the use of the Gleam entry page tool which is owned and operated by Crowd9 PTY Ltd., an Australian company, and the use of your personal information as described in its privacy policy, https://gleam.io/privacy


If you have marked the “opt-in” box on the marketing consent box in the entry form, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging.