Skywest 45th Birthday Competition Terms & Conditions of Entry

Make a date to take yourself and 45 friends on a Skywest Jet Aircraft to Broome for lunch at Cable Beach Resort to celebrate Skywest's 45th Birthday.

These are the terms and conditions of entry for the competition being conducted by Skywest for the next month, to celebrate its 45th Birthday. The terms of entry include the instructions on how to enter the competition. Participation in this competition shall be deemed acceptance of these terms of entry.

For the purposes of these Terms:

  • "Competition" means the Skywest 45th Birthday Competition launched with the authority of the Gaming and Wagering Commission of Western Australia
  • "Competition Period" means the period from 0800 AWST on Saturday 12th April 2008 to 1700 AWST on Monday 12th May 2008
  • "Elected Saturday" means either Saturday 31st May 2008, 7th June 2008 or 14th June 2008
  • "Entrant" means a person who submits an Entry to the Competition in compliance with the Eligibility Rules
  • "Entry" means a complete and valid on-line entry form lodged by an Entrant who has accepted the Terms
  • "Excluded Persons" means:
    • executive management of Skywest's charter customers;
    • principals and staff of any agency (including but not limited to marketing and advertising agencies) currently engaged by Skywest or
    • principals and staff of any current supplier appointed by Skywest

      including any Immediate families of such persons

  • "Guest(s)" means any person(s) nominated by the Prize Winner to accompany him or her on the Prize Date, provided that there will be no more than forty-five (45) Guests accompanying the Prize Winner and that any Guest under the age of eighteen (18) years of age shall not be served alcoholic beverages during the Prize Date
  • "Immediate family" includes partner/spouse, grandparents, parents, step-parents, siblings and step-siblings, children and step-children (whether natural or by adoption), uncles, aunts, nieces, nephews, first cousins and grandchildren;
  • "Lunch" means a luncheon meal from a Antipasto platters and a glass of Australian sparkling wine to start, followed by a buffet lunch (hot & cold selection) menu determined and prepared by Cable Beach Resort for the purpose of the Prize and may include any special dietary requirements of the Prize Winner or Guests at the absolute discretion of Cable Beach Resort
  • "Prize" means return airfares by Skywest Fokker 100 jet aircraft from Perth Domestic Terminal to Broome, any applicable airport taxes and levies, airport transfers by charter bus in Broome, Lunch and Prize Beverages at Cable Beach Resort for the Prize Winner and Guests;
  • "Prize Beverages" means Standard sparkling, beer, wine & soft drinks (in the maximum volume not exceeding the total retail value of AUD$1,000.00) and unlimited soft drinks. The Prize Winner may arrange with Cable Beach Resort to purchase additional alcoholic beverages in the course of the luncheon provided that the Prize Winner will be personally liable to Cable Beach Resort for any such additional cost
  • "Prize Date" means the Elected Saturday between approximately 0830 and 1745.
  • "Prize Winner" means the Entrant selected by Skywest to redeem the Prize in this Competition.
  • "Prize Winning Entry" means an Entry selected by Skywest to win the Prize
  • "Skywest" means Skywest Airlines Pty Ltd ABN 76 008 997 662
  • "Terms" means the terms and conditions of the Competition set out herein, including these definitions and the information on how to enter and redeem the Prize, as posted on Skywest's website at www.skywest45.com.au.

Eligibility Rules

  • In order to be eligible to enter, the Entrant must:
    • agree to the Terms;
    • be a natural person aged 18 years or over;
    • not be disqualified by virtue of Eligibility Rules (ii) or (iii);
    • have provided a correct name, valid email address and day time contact phone number; and
    • be an Australian resident.
  • Skywest employees and their Immediate families are not eligible to enter.
  • Excluded Persons are not eligible to enter.
  • If there is a dispute as to the identity or eligibility of an Entrant, Skywest reserves the right, in its absolute and unfettered discretion, to determine the eligibility of the Entrant.
  • The Competition will be open to Entrants for the duration of the Competition Period.
  • Only Entries received during the Competition Period will be acceptable for consideration as a Prize Winning Entry by Skywest.
  • Entry to the Competition

  • In order to enter the Competition and submit an Entry, the Entrant must:
    • visit the Skywest Website at www.skywest45.com.au
    • complete all sections of the on-line entry form providing reasons (in 25 words or less) why the Entrant should be chosen as the Prize Winner
    • Correctly supply his or her full name, contact details, day time phone number and e mail address.
    • submit the entry form on-line.
  • Each Entrant can only submit one Entry. Attempts to exceed this limitation by submitting an entry form more than once (by any means but including and not limited to the use of a name variation of the same person) will invalidate all entry forms lodged by that person.
  • Each Entrant, who participates in this Competition by submission of the on-line entry form, shall be deemed to unconditionally and irrevocably accept the Terms.
  • Determination of Winner

  • This Competition is a game of skill in which chance plays no part in determining the Prize Winner. Each Entry will be individually judged and the decision to award the Prize will be based on the originality, creativity and persuasiveness of the Entrant's nominated reasons why he or she should be chosen as the Prize Winner.
  • Skywest, acting in its absolute and unfettered discretion, will choose the Prize Winning Entry and advise the Prize Winner by email within two (2) working days of the close of the Competition Period.
  • The Prize Winner must then nominate the Elected Saturday of his or her choice in writing to the Chief Executive Officer, Paul Daff, at his email address: paul.daff@skywest.com.au, at least six (6) working days before the Elected Saturday. Subject to confirmation by Cable Beach Resort that sufficient function facilities are available on the Elected Saturday nominated by the Prize Winner, Skywest shall confirm the Elected Saturday with the Prize Winner, who shall then be entitled to redeem the Prize on the Prize Date.
  • Prize Conditions

  • The Prize is non-transferable and cannot be redeemed for cash at any time or under any circumstances.
  • Once the Elected Saturday is confirmed by Skywest, the Elected Saturday cannot be delayed or changed to an alternative date.
  • If not redeemed on the Prize Date, the Prize shall be forfeited irrespective of the cause for non-redemption and neither Skywest nor Cable Beach Resort shall be liable to the Prize Winner or any Guest for any actual or alleged loss or damage.
  • The Prize Winner and Guests shall be personally responsible for making their own way to Perth Domestic Terminal for departure on the Prize Date.
  • Provided written request is delivered by the Prize Winner to the Food and Beverage Manager of the Cable Beach Resort at least three (3) working days before the Prize Date, the Lunch may include any special dietary requirements of the Prize Winner or Guests, at the absolute discretion of Cable Beach Resort
  • The Prize Winner shall consent to be photographed without fee, during the Prize Date and any such photographs may be used at Skywest's discretion for its future promotional and advertising material.
  • For the duration of the Prize Date, the Prize Winner and each Guest:,
    • must carry one photographic identification document issued by a recognised authority and
    • shall travel at their own risk and subject always to Skywest's usual conditions of carriage, the details of which are available for viewing at www.skywest.com.au.
  • The Prize Winner undertakes to advise each Guest of condition (xix) before the Travel Date and shall hold Skywest harmless in the event that any Guest is refused travel as a result of non-compliance with condition (xix).
  • General Conditions

  • All Entries shall become the property of Skywest upon submission on-line and the Entrant acknowledges and agrees to unconditionally assign the copyright in the Entry to Skywest forthwith, in consideration of Skywest accepting the Entry into the Competition.
  • The Entrant warrants that the Entry is his or her own work and agrees to indemnify and keep indemnified Skywest in respect of any liabilities incurred or sustained by Skywest resulting from any actual or alleged infringement of any intellectual property rights of any third party arising out of or caused by the use of the Entry by Skywest.
  • The Entrant consents to any activity by Skywest for promotion, advertising and photographs, which would otherwise infringe the moral rights of the Entrant. The Entrant agrees that Skywest may make whatever use of the Entry it sees fit for an unlimited time and without remuneration.
  • The Entrant must comply with all reasonable requests made on behalf of Skywest relevant to this Competition, and promptly do all further acts and execute and deliver all further documents to give effect to its obligations and Skywest's rights under these terms. The Entrant agrees to appoint Skywest as its attorney to do all acts and things reasonably necessary to give effect to these terms. The Entrant will act reasonably and in good faith at all times both during and subsequent to the Competition Period. Where these terms require the Entrant to refrain from doing something, he or she will not assist any other person to do that thing.
  • The Entrant agrees that he or she will not take any action in any jurisdiction which would or might invalidate or dispute the Competition or the Prize.
  • The Entrant acknowledges and agrees that the selection of his or her Entry as the Prize Winning Entry shall not represent or confer any endorsement or sponsorship of the Entrant by Skywest, or an affiliation between Skywest and the Entrant.
  • In its absolute and unfettered discretion, Skywest reserves its right to either disqualify an Entrant or modify, suspend or terminate the Competition or Prize, to the fullest extent permitted by law and may consider doing so in the event of either interference to the conduct of the Competition or change of circumstances that was not reasonably anticipated and is beyond the reasonable control of Skywest,.
  • By participating in the Competition, an Entrant:
    • authorises Skywest and its contractors and agents to collect and use personal information about the Entrant and to disclose personal information about the Entrant, to Skywest and its contractors and agents, for the purposes of conducting the Competition; and
    • consents to Skywest and its contractors and agents sending promotional, marketing and publicity information about other products and services of Skywest to the Entrant electronically, by telephone or by other means, indefinitely until such time as the Entrant expressly withdraws this consent by written notification to Skywest.
  • Any cost associated with accessing the on-line entry form through Skywest's website at www.skywest45.com.au or any other website associated with this Competition is the Entrant's responsibility and is dependent on the Internet service provider used.
  • The abuse of any automated entry software or any other mechanical or electronic means that allows a person to automatically enter the Competition repeatedly is prohibited and will render all entry forms submitted by that person or using that method invalid.
  • To the extent permitted by law, Skywest (including its respective officers, employees and agents) excludes all liability (whether in contract or tort) for any personal injury; economic loss or damages (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way through the Competition, including, but not limited to, where arising out of the following:
    • any technical difficulties, operational failures or equipment malfunction (whether or not under Skywest's control);
    • any theft, unauthorised access or third party interference;
    • any on-line entry form that is late submitted, lost, altered, illegible, incomplete, damaged or misdirected (whether or not after its receipt by Skywest) due to any reason beyond the reasonable control of Skywest;
    • any variation in the Prize's particulars or value to that stated in these Terms;
    • any tax liability incurred by the Prize Winner or Entrant; or
    • any inability of Skywest to obtain the regulatory approvals required for the operation of either leg of the air travel to Broome.
  • The decision of Skywest in relation to any aspect of the Competition will be final and binding and Skywest shall not entertain any correspondence on the matter.
  • Skywest reserves the right, at any time, to:
    • verify the validity of Entries and Entrants (including an Entrant's legal identity, age and place of residence);
    • disqualify any Entrant who submits an on-line entry form that is not in accordance with these terms or who tampers with the entry submission process;
    • invalidate any Entry received from an Entrant who is subsequently determined to be ineligible or disqualified under these Terms.
  • Failure by Skywest to enforce any of its rights at any stage does not constitute a waiver of those rights.
  • The Terms shall be governed by and are to be construed in accordance with the laws in force in Western Australia and any part of the Terms which is capable of operating following the cessation of the Competition Period shall continue to remain in full force and effect.