1)    Introduction
1.1The terms are incorporated into each agreement entered into between the online publisher and the customer whether or not the customer signs a paper copy of these terms or agrees to the terms by selecting a checkbox to enter any Downwind competition/giveway etc.  Regardless of whether the customer has checked any online box in agreement of these terms the customer agrees to the terms as a part of the entry to any competition/giveaway that Downwind holds. Please contact downwind.com.au via the Contact form if you have any questions regarding these terms and conditions.

1. Entry is only open to Australian residents aged 13 years or over. Employees (and their immediate families) of the Promoter, and agencies associated with any promotion held by Downwind are ineligible.
   
   
2. "Promotion Period" means the period outlined in the advertising related to the promotion and closing on the last day outlined in the promotional material. "New Members" mean eligible entrants who become members of Downwind during the period of the promotion. "Existing Members" mean eligible entrants who became Downwind members before the Promotional Period.
   
   
3. Elegibility for taking part in a Downwind promotional event
   To receive an entry, into a Downwind promotional event the entrants must complete the suitable promotional online form related to the event. Upon completing the above process, Members will receive one (1) entry into the Minor Prize draw (according to when their registration is completed, if any remain open) and one (1) entry in the Grand Prize Draw.
   
   
4. To gain additional entries, a Members may refer the competition to a friend via email by clicking on the 'refer a friend' link and inserting the requested details of their friend, including their email address. Members may refer up to 20 friends provided they are an Australian or New Zealand resident aged 13 years or over and who would normally consent to receiving such a message from the New Member. The New Member who refers their friend will receive one (1) entry into the relevant Minor Prize Draw (according to when their registration is completed, if any remain open) and one (1) entry in the Major Prize Draw when their referred friend becomes a Downwind member. The New Member will receive no additional entry if their referred friend is already a member.
   
   
5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these conditions of entry or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
   
   
6. Incomplete, indecipherable or illegible entries will be deemed invalid.
   
   
7. There will be a prize draw on the 9th, 16th ,23rd July 2010 for the Minor prize and the 30th July 2010 for the major prize. All elegible members that have satisfied the conditions of entry to the promotion will be elegible to be a part of each draw.
8. All draws will take place at Downwind offices and winners will be notified on Downwind.com.au and via email. The Promoter’s decision is final and no correspondence will be entered into.
   
   
9. The first entry drawn on each of the dates that a Minor prize is drawn will be eligible to win a 1 year subscription to Aviator magazine and 2 hour flight by Sydney Jabiru Flying School. A major prize draw on the 30th July 2010 will be for a 1 year subscription to Aviator magazine and 5 hours of flying from Sydney Jabiru Flying School.
   
   
10. If for any reason a winner does not take the Major Prize or an element of the Major Prize at the time stipulated by the Promoter, then the prize or that element of the prize will not be redeemable for cash.
    
    
11. Any ancillary costs associated with redeeming any of the prizes are not included.
    
    
12. If the winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
    
    
13. Downwind may conduct such further draws at the same time and place as the original draw, as are necessary on August 6th 2010 in order to distribute any prizes unclaimed by that date.
    
    
14. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of prize) with a prize to the equal value and/or specification.
    
    
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 Downwind, then Downwindreserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
    
    
16. Any costs associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall render an entry invalid. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
    
    
17. Except for any liability that cannot be excluded by law, Downwind  (including its 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 the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Downwind's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
    
    
18. All entries remain the property of Downwind. DOwnwind collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. Entrants agree to release any of the private information that is used to enter the promotion to the sponsors of the promotion.

Written by :

mgilmour