Winter Promotion  Terms & Conditions

Winter Promotion Terms & Conditions

Benchmark National

Winter Promotion Terms & Conditions

 

  1. If there is a dispute as to the identity of a voucher holder, Benchmark National reserves the right, in its sole discretion, to determine the identity of the voucher holder.
  2. The voucher will be provided by mail or in person by Benchmark National on the settlement of the voucher holders property sale.
  3. Benchmark National’s decision is final and no correspondence will be entered into.
  4. The voucher is subject to the terms and conditions of the holiday provider, Damon Capital Finance for the provision of 4 nights’ accommodation at Serenity, Diamond Beach. This voucher is not redeemable for cash.
  5. The voucher holder (and their companion/s) is/are responsible for all other expenses including meals (unless specified), transfers (unless specified), and all other ancillary costs not outlined in these terms and conditions.
  6. The voucher can be exercised for a period of 12 months from the date of voucher issue and provides 4 days (3 nights’) accommodation at Serenity Diamond Beach but excludes dates which encompass school holidays, Easter, Christmas day through to end of January and NSW Public holidays. Should the voucher holder (for whatever reason) be unable to travel or does not take an element of the promotion within 12 months from the issue of the voucher  the voucher may be forfeited, at Benchmark National’s sole discretion, and cash will not be awarded in lieu of the promotion. Benchmark National makes no representations or warranties about the redemption of the voucher.
  7. Voucher holders consent to Benchmark National using their name, likeness, image and/or voice (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 services provided by  Benchmark National.
  8. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Benchmark National, including but not limited to technical difficulties, unauthorised intervention or fraud, Benchmark National reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any voucher; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  9. Benchmark National (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of use of the voucher.
  10. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Benchmark National (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Benchmark National’s control); (b) any theft, unauthorised access or third party interference; (c) any voucher claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Benchmark National) due to any reason beyond the reasonable control of Benchmark National; (d) any variation in voucher value to that stated in these Terms and Conditions; (e) any tax liability incurred by a voucher holder or (f) taking and/or use of a voucher.
  11. As a condition of accepting a voucher, each voucher holder may be required to sign any legal documentation as and in the form required by Benchmark National and/or voucher suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  12. Benchmark National collects personal information ("PI") in order to conduct the promotion and may, for this purpose, and will NOT disclose such PI to third parties, unless required by law. Benchmark National will use and handle PI as set out in its Privacy Policy, which can be viewed at http:// https://www.benchmarknational.com.au/privacy-policy. In addition to any use that may be outlined in the Benchmark National’s Privacy Policy, Benchmark National may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the voucher holder.
  13. The Privacy Policy also contains information about how voucher holders, may opt out, may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
  14. Voucher holders consent to Benchmark National using their name, likeness, image and/or voice (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 services provided by Benchmark National.
  15. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Benchmark National, including but not limited to technical difficulties, unauthorised intervention or fraud, Benchmark National reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any voucher; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  16. Benchmark National (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of use of the voucher.
  17. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Benchmark National (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Benchmark National’s control); (b) any theft, unauthorised access or third party interference; (c) any voucher claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Benchmark National) due to any reason beyond the reasonable control of Benchmark National; (d) any variation in voucher value to that stated in these Terms and Conditions;(e) any tax liability incurred by a voucher holder or (f) taking and/or use of a voucher.
  18. As a condition of accepting a voucher, each voucher holder may be required to sign any legal documentation as and in the form required by Benchmark National and/or voucher suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  19. Benchmark National collects personal information ("PI") in order to conduct the promotion and may, for this purpose, and will NOT disclose such PI to third parties, unless required by law. Benchmark National will use and handle PI as set out in its Privacy Policy, which can be viewed at http:// https://www.benchmarknational.com.au/privacy-policy. In addition to any use that may be outlined in the Benchmark National’s Privacy Policy, Benchmark National may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the voucher holder. The Privacy Policy also contains information about how voucher holders, may opt out, may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.