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Resolved :) Advice pls - Being asked to pay taxes not mentioned in T&Cs |
luckywins
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posted 27-6-2012 @ 10:03 AM
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Resolved :) Advice pls - Being asked to pay taxes not mentioned in T&Cs
I apologise in advance for being longwinded 
Some of you may remember, back in October last year, I won a trip for six to California. Totally awesome! In November, I confirmed names of family
members I wanted to take and asked for dates in September this year. My Dad has been having treatment for cancer so I wanted him to be well enough and
give him and Mum something to look forward to.
Since then, I have emailed the promoter ( a travel company) several times asking if flights had been confirmed. We also asked if we could extend the
trip for a few days to go to Vegas and my partner and I can get married. Never, until last night, has there been any mention of us paying taxes,
although it was made clear that we would have to pay our own flights from WA to Sydney.
BTW, the taxes are $796 per person. I wouldn't dream of asking my parents to pay - they are pensioners and will struggle to accumulate spending
money. I'm not crying poverty but we can't really afford to pay for all of us on top of our additional extras at the moment. If we really did have
to pay the taxes then we'd have to cut the Vegas part out and that, being a romantic at heart, was the bit I was most looking forward to.
It's a fantastic holiday and I'm ridiculously grateful for the good parts but the messing about (there's been a lot more little things that I
haven't mentioned) has left a sour taste in my mouth. I think it's wrong that they're asking for taxes when they weren't mentioned in the T&Cs
but I'm not sure how to go about standing up for my thought, if I can.
I'm not confrontational but part of me really wants to fight! I hope some of you might have some suggestions on how I can resolve this problem.
Thanks in advance 
*EDIT I've just had a call that they will absorb the taxes so we won't have to pay for them afterall. I am relieved beyond belief but will never
again assume that taxes are included unless specifically stated. Thanks all so much for your advice and support. May there be lots of cash wins for
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SAMCRO
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posted 27-6-2012 @ 10:05 AM
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I would find T&C's that state taxes need to be paid and send them in with this comps T&C's where it is not mentioned. Fight it all the way
mate, it's a heap of spending money gone otherwise.
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luckywins
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posted 27-6-2012 @ 10:19 AM
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Thank you SAMCRO You're a star!
That's a great start! I've found a competition the same company ran earlier this year and the tax exclusion is specifically stated. Now fingers
crossed it get's me somewhere 
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Prosperity
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posted 27-6-2012 @ 10:29 AM
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| Quote: | Originally posted by lucywins
Thank you SAMCRO You're a star!
That's a great start! I've found a competition the same company ran
earlier this year and the tax exclusion is specifically stated. Now fingers crossed it get's me somewhere |
Good luck lucywins I hope it works out for you.
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Veritas
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posted 27-6-2012 @ 10:35 AM
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Good advice, SAMCRO.
lucywins, it might also help to repeat your story to the promoters. Tell them everything including your reason for wanting to go to Vegas.
I'm sorry to hear about your Dad but mentioning your predicament may have an effect.
Gee, you and your family have had a tough time.
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kakadu
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posted 27-6-2012 @ 12:17 PM
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Here are further T&C's with this comp - not sure if you have them???
I would for sure write to them and explain your shock about the taxes, explain about happily paying for the connecting flights and tell them about
your parents etc... There is really no specific mention of taxes at all!!! CRAZY!!! Maybe B5 could be a problem though??? Good luck mate.
B.1 Any prize that is won by a minor will awarded to the minor’s parent or legal guardian, whom is on same plane, and who must travel with the
minor on the Trip.
B.2 The components and value of the Trip prizes will be divided equally among all six (6) travellers on who are to travel on the Trip Winner’s
Trip. If less than six (6) people travel, no additional compensation will be provided.
B.3 The “Approximate Value” of each Trip is an estimate only based on the information provided by the supplier(s). The actual value of each
Trip will vary depending on various factors, including the date of booking and the dates of travel. All travel must originate from Sydney, Australia.
B.4 Trips are subject to availability, blackout dates, and travel/lodging providers’ terms and conditions. Unless otherwise stated above, trips
must be taken within one (1) year of the date the prize is awarded. Once travel documents are issued, travel arrangements cannot be changed. If
there is any disagreement between the travellers regarding the dates of the trip, the Trip Winner’s decision will control. If a traveller cannot
travel on the selected dates, the Promoter may, in its sole discretion, allow the Trip Winner to substitute a traveller, if time and the Trip terms
& conditions permits.
B.5 Travellers are responsible for paying any costs and expenses not specified above, including, but not limited to, costs for unspecified
meals, ground transportation, insurance, and other incidentals. Travellers are also responsible for obtaining any travel documents, including, but
not limited to, passports and any travel insurance (at their own expense). Any prize details that are not specified above will be determined by the
Promoter, in its sole discretion. A prize may not be transferred and must be accepted as awarded. You may not request cash or a substitute prize;
however, the Promoter reserves the right, subject to the approval of any relevant trade lottery authority, to substitute a prize (or component
thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason, as determined by the
Promoter in its sole discretion. The Promoter is not responsible for any expense incurred as a result of flight cancellation or flight delay.
B.6 The value of the prize may be treated as income to each traveller (including the Trip Winner and each Travel Companion) and a traveller may
be responsible for reporting and payment of all applicable taxes. We encourage you to consult your tax advisor to determine how winning this prize
may affect your tax obligations.
Part C – General Terms & Conditions
C.1 The Promoter reserves the right, at any time, to verify the validity of entries and participants in the Promotion (including an entrant’s
identity, age and place of residence).
C.2 The Promoter may, at its absolute discretion, declare any or all entries made by you to be invalid if you:
(a) fail to establish their entitlement to enter the Promotion to the Promoter's satisfaction; or
(b) submit an entry which is not in accordance with these Terms.
C.3 If for any reason this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised
intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security,
fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who
tampers with the entry process or who may benefit from such tampering and, subject to the approval of those authorities that have issued permits for
the conduct of this Promotion, to cancel, terminate, modify or suspend the Promotion.
C.4 In the case of any act, agent or event which prevents or hinders the Promoter’s ability to proceed with the Promotion on the dates and in
the manner described in these terms and conditions, the Promoter may, in its absolute discretion but subject to the approval of those authorities that
have issued permits for the conduct of this Promotion, to cancel, terminate, modify or suspend the Promotion cancel the Promotion.
C.5 Requirements for Photos and Stories
(a) Content: Your photo or story must not: (i) violate any third party rights, including, but not limited to, copyrights, trademark rights, or
rights of privacy or publicity; (ii) contain defamatory statements; (iii) include threats to any person, place, business, or group; (d) be obscene or
indecent; (iv) depict any risky behavior, as determined by the Promotion in its sole discretion; (v) contain any third party trademarks or logos; (vi)
refer to any online travel company other than Expedia; or (vii) otherwise breach any law.
The Promoter, in its sole discretion, shall determine whether or not any photo or story fails to meet these requirements.
(b) Representations and Warranties: By submitting a photo or story, you represent and warrant that: (i) the photo or story is an original work
created by you; (ii) you own all rights to the photo or story; (iii) to the extent a photo depicts any individual, you are the individual pictured,
or, alternatively, that you have obtained written permission from each person appearing in the photo (or their parent/legal guardian if they are a
minor) to grant the rights to Promoter described in the Promoter’s “Rights to Entries” section below, and can make written copies of such permissions
available to the Promoter upon request; and (iv) the photo or story complies with all requirements of these Terms.
(c) Promoter’s Rights to Submissions: By submitting a photo or story, you: (i) irrevocably grant the Promoter, its, related bodies corporate,
and their respective agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce,
encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise
use your photo or story as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation,
and without additional review, compensation, or approval from you or any other party; (ii) unconditionally and irrevocably forever waive any rights of
copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Promoter’s use of your photo or story, or
require any further permission for the Promoter to use the photo or story; (iii) agree not to instigate, support, maintain, or authorize any action,
claim, or lawsuit against the Promoter or its related bodies corporate on the grounds that any use of the photo or story, or any derivative works,
infringes any of your rights as creator of the photo or story, including, without limitation, copyrights, trademark rights, and moral rights; and (iv)
represent and warrant that you have obtained all rights, licenses and permissions necessary, in writing, from any person who may have helped create
your entry (which you shall make available to the Promoter upon request), and that their contribution to your entry fully complies with these
Terms.
(d) Voting Process: You are prohibited from seeking to obtain votes for any photos or stories by any fraudulent or inappropriate means,
including, without limitation, by offering prizes or other inducements to members of the public, as determined by the Promoter, in its sole
discretion. Use of any script, macro, or automated system to vote is prohibited and votes placed (or which appear to have been placed) using any such
system may be treated as void.
C.6 All prizes awarded, and travel undertaken, in connection with the Promotion are subject to the standard terms and conditions applicable to
such prizes and/or travel, as notified to you at the time of booking or at the time of redeeming the prize.
C.7 The prize winners consent to the use of their name, place of residence, travel destination, the travel-related item booked, likeness, image
and/or voice (including photograph, film and/or recording of the same) for promotional and marketing purposes in any media for an unlimited period
without remuneration. Prize winners agree to participate in reasonable promotional activities as requested by the Promoter.
C.8 To the maximum extent permitted by law, the Promoter excludes all liability (including negligence) arising out of or in connection with:
(a) inaccurate / incorrect transcription of entry information;
(b) purported entries that are not received for any reason, including because or any transmission errors or if they are misdirected or stolen;
(c) any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network,
servers or providers, computer equipment, or software;
(d) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website
(including, without limitation, the Website);
(e) any variation in the Terms;
(f) any theft, unauthorised access or third party interference in any part of the Promotion;
(g) electronic or human error which may occur in the administration of the Promotion;
(h) any loss or damage (including loss of opportunity) suffered or sustained, to person or property and including, but not limited to, direct,
indirect, special or consequential loss (including economic loss) by reason of any act or omission, deliberate or negligent, by the Promoter, or its
servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where
applicable, to any family/persons accompanying a prize winner;
(i) any injury or damage to persons or property, including to the participant's or any other person's computer related to, or resulting from,
participation or downloading any materials in this Promotion.
A prize winner, and his or her guests (if any), must sign and return any liability release and indemnity provided by the Promoter and/or its
contractors as a condition of a prize being awarded.
C.9 Except in cases of death or personal injury caused by the negligence of the Promoter, you agree to release and hold harmless the Promoter,
its related bodies corporate, Facebook, Inc., the prize or travel providers, and each of their respective officers, directors, employees, and agents (
“ Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize,
including, but not limited to:
(a) unauthorized human intervention in the Promotion;
(b) technical errors related to computers, servers, internet providers, or telephone, or network lines;
(c) printing errors;
(d) lost, late, postage-due, misdirected, or undeliverable mail;
(e) errors in the administration of the Promotion or the processing of entries; or
(f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the
Promotion or receipt, use, or misuse of any prize.
Except where prohibited, you further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and
participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages
whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
C.10 The Promoter’s decisions are final and the Promoter will not enter into any correspondence.
C.11 Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or
any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the
State of New South Wales, Australia. All issues and questions concerning the construction, validity, interpretation and enforceability of these
Terms, your rights and obligations, or the rights and obligations of the Promoter in connection with the Promotion, shall be governed by, and
construed in accordance with, the laws of the State of New South Wales, Australia, without giving effect to any choice of law or conflict of law rules
(whether of the State of New South Wales, Australia or any other jurisdiction), which would cause the application of the laws of any jurisdiction
other than the State of New South Wales, Australia.
C.12 When entering the Promotion, you are providing your information to the Promoter and its related bodies corporate, and not to Facebook. The
Promoter collects personal information in order both to conduct the Promotion. The Promoter may disclose such information to third parties, including,
but not limited to, prize suppliers, agencies associated with the Promotion, and to Australian regulatory authorities. Participation is conditional on
providing this information. The Promoter and third parties to whom the Promoter provides this information may, for an indefinite period unless
otherwise advised, use the information for announcing prize winners (name and suburb/postcode only) and for direct marketing, research and debt
collection purposes. Participants in the Promotion should direct any request to access, update or correct information to the Promoter. By
participating in the Promotion, you agree to use of your information in accordance with the Privacy Policy accessible at http://www.expedia.com.au/pub/agent.dll?qscr=hgen&hfnm=PrivacyPol.htx (for Australia) and at http://www.expedia.co.nz/pub/agent.dll?qscr=hgen&hfnm=PrivacyPol.htx (for New Zealand).
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Babbs
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posted 27-6-2012 @ 12:28 PM
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B.6 The value of the prize may be treated as income to each traveller (including the Trip Winner and each Travel Companion) and a traveller may be
responsible for reporting and payment of all applicable taxes. We encourage you to consult your tax advisor to determine how winning this prize may
affect your tax obligations.
I always thought winfalls were tax free lol
Great prize by the way trip for 6 to the USA amazing prize, its my dream prize to win a family trip to the USA, Disneyland wouldnt go astray
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humdinger
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posted 27-6-2012 @ 12:46 PM
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"Travellers are responsible for paying any costs and expenses not specified above, including, but not limited to,"
did you have a list of the prize details as per "specified above"?
EDIT found it!
Good luck Luywins it looks like they are using clause B5 as its not listed in exclusions
Trip 1
The Ultimate California Road Trip
Duration
6 nights
Air Travel
Return Economy Class flight for the Trip Winner and his/her Trip Companions on United Airways from Sydney International Airport to Los Angeles
International Airport
Transfers
Hertz 4WD car hire pick up from Los Angeles International Airport for 7 days.
Accommodations
§ 3 nights at The Waterfront Beach Resort, a Hilton Property in Huntington Beach, including daily breakfast
§ 3 nights at the Yosemite View Lodge
Excursions
§ 1 hour surf lessons at Huntington Beach
§ 90 minute private guided Segway tour of Huntington Beach
§ Yosemite activities – depending on the season either a Badger Pass Package (winter) or a Yosemite/Mariposa value added package(summer)
Exclusions
The following are not included in this prize and are the responsibility of the travellers:
§ All other meals not expressly stated;
§ Incidentals;
§ Spending money; and
§ Travel to and from Sydney for all travellers for travel to and from the prize destination.
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gibbo11
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posted 27-6-2012 @ 01:04 PM
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It's fantastic that fellow lottoer's have given you some ideas on how to resolve this lucywins Take them on board and I hope that the result is a positive one for you and your family Best wishes for you and your dream does come true in Vegas Looking forward to the pics
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onecanonlyhope
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posted 27-6-2012 @ 01:29 PM
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Hi lucywins
It is my understanding that it is a legal requirement for competitions to be run in a particular way. I couldn't find the relevant information for
your state, but I DID find it for NSW. Maybe this government dept can help with a contact in your state.... or maybe they can help with info? Have a
look at this link and refer to the info for consumers.
Have a look at the following section on the website.........
http://www.olgr.nsw.gov.au/promos_trade_promos.asp
There is a link to a fact sheet on the website + other useful info, and I am not sure but I suspect it is probably necessary to find a contact in your
state. It is probably worth clarifying whether this is the case or not. Maybe the Sydney people can help with info? I'm not sure.
From the website.....
"For consumers and TPL entrants
Please read our consumers and trade promotion lotteries fact sheet. The fact sheet explains how a trade promotion must be legally conducted including
what must be in the terms and conditions, how a draw must be conducted and special conditions that apply for some trade promotion lotteries."
lucywins, I have listed (see below) the Sydney contact number for consumers to ring re trade promotion lottery enquiries .... You might not want to
lodge a complaint, but you might want to speak to someone for info and advice + also to get contacts in your state (if the NSW people cannot help with
info), so here is the Sydney number that is listed on the website.
"Consumers can lodge complaints by email about trade promotion lotteries by email to webcomplaints@olgr.nsw.gov.au or by phoning (02) 9995 0837."
I hope this info is a lead and helps you find someone who can help clarify the situation re the T&C of the comp you entered.
Good luck with it all.
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ReallyAddicted
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posted 28-6-2012 @ 12:49 AM
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Congratulations lucywins on a wonderful win. I’m sure you and your family will have a fabulous time.
Unfortunately the t&cs leave enough ‘wiggle room’ with B5 for the Promoter to interpret them how they wish. Soooo…. as others have stated, I'd
explain your circumstances and hope for the best.
For trips I always assume I will be responsible for the taxes unless the t&cs clearly state that the taxes are covered. It is then a nice
surprise if the Promoter actually pays then.
Good Luck
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Billycat
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posted 28-6-2012 @ 01:02 AM
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Thanks for this thread - handy to know if you win a holiday you may be liable for these costs which are quite considerable, especially as some comps
don't include prize money. Worthwhile considering before entering.
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neester
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posted 28-6-2012 @ 01:18 AM
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hello lucywins...I think regardless they have made a huge mistake. Return taxes to L.A are no where near $796 per person. Perhaps they meant that is
the total you would have to pay for everyone : ) Don't worry I think it will all work out for you : ) Get it all sorted asap & then you can relax
& get excited again!!
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neester
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posted 28-6-2012 @ 01:28 AM
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hello again...I have just looked at return airfares to LA & it would definately be $796 total cost for all passengers...probably just a typo on
their part : )
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stillsane13
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posted 28-6-2012 @ 01:32 AM
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OMGoodness, I would have to give up the prize if it was $796 per person. I am sure its for all of you which is much more reasonable.
Goodluck and have a fun time x
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luckywins
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posted 28-6-2012 @ 01:54 AM
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In vino veritas
Last night, armed with the advice from wonderful lottoers and half a bottle of the finest shiraz that Tony Sells I sent off another email expressing
my disappointment. They are going to look into "absorbing the taxes" themselves as it wasn't made clear in the T&Cs. This company usually does
ask winners to pay their own taxes and it's clearly mentioned, as I saw last night after doing a bit more research.
I understand a little more now, that a travel company wouldn't cover taxes. Fingers crossed that, if we are still asked to pay, you're right,
neester. Otherwise Vegas is off and we're getting married in the back garden I suppose it's not too bad a worst case scenario
Thanks so much for all your help - kakadu, that was above and beyond - and I'll keep you posted
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KirraJ
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posted 28-6-2012 @ 02:37 AM
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on a side note.. ive been to LA twice now, and both times have hired a car and driven to Vegas.. its quite a nice easy drive, car hire is reasonable
and accom in vegas is super cheap! that might be an option we've used
hertz & dollar car hire, hertz by far easier to deal with. have stayed at circus circus and imperial palace in vegas.. circus circus cheap as
($50 a night) gorgeous rooms!
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Bimberoony
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posted 30-6-2012 @ 10:08 PM
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congrats lucy on your win, and getting the taxes sorted out. also a big congrats on your upcoming wedding. i can recommend A Little White Chapel (i
got married there) the whole day was amazing....Love Vegas
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kakadu
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posted 30-6-2012 @ 11:00 PM
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YAY!! That's awesome mate - I'm truly happy for you all!!! Have an amazing time over there...I didnt want to come home as it's such a great
place!!! 
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enchantedspirit
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posted 1-7-2012 @ 01:11 AM
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that's terrific news now you can enjoy your trip and your wedding best of luck. ENJOY!!!
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comper girl
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posted 1-7-2012 @ 01:59 AM
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well done great outcome
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cleanup
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posted 1-7-2012 @ 03:54 AM
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Great news, hope you enjoy planning the trip and your wedding goes as planned.
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Sierrasun
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posted 1-7-2012 @ 04:47 AM
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That's great news. Have a fabulous trip and wedding!
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parker_street_mum
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posted 1-7-2012 @ 08:35 AM
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Terrific outcome - enjoy your trip
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jokaboobie
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posted 1-7-2012 @ 09:07 AM
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good luck with your trip, it sounds amazing! we also got married in vegas last year and i wouldnt have done it any other way... Loved our chapel,
loved our celebrant and loved the intimacy..
keep in mind that the costs you think will be involved in your vegas wedding are just a smidge of what they will be, especially if you want pictures
and video! we were blessed that our chapel loved aussies and were very spoilt!
we also drove to vegas and LOVED the experience... we chose to drive because we love road trips, but the actual costs were much less than flying, so
that was a bonus!
everything crossed that all those costs are absorbed..xx
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