Terms & Conditions
Schedule to the Conditions of Entry
Lysaght Design Inspirations Award
BlueScope Steel Limited T/A Lysaght (ABN 16 000 011 058) of Tower B Level 4, 201 Coward Street, Mascot, NSW 2020. Tel: (02) 9319 9000.
This is a game of skill and chance plays no part in determining the winners.
The promotion commences at 12:00am midnight (AEST) on 20/05/2019 and ends at 12:00am midnight (AEST) on 29/07/2019.
- Entry is only open to residents of Australia aged 18 years or older who
- were the lead-architect on a building or restoration project (Project) that:
- clearly incorporates a significant proportion of verified Lysaght building products (Eligible Products);
- was available for occupation and/or handover between 1 January 2014 and 30 June 2019 (Eligible Period); and
- falls within one or more of the five (5) Competition Categories set out below;
- in the event they are a major prize winner are able to travel to and remain in Amsterdam, the Netherlands for seven (7) nights during the period 31/11/2019 to 07/12/2019 (inclusive) in order to participate in the major prize as set out in these Conditions of Entry.
- in respect of the Student Category only, Entrants must be currently enrolled in, or have graduated in the last two (2) years from, a recognised architectural or building design curriculum at an Australian university, college or other educational institution.
- were the lead-architect on a building or restoration project (Project) that:
- The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- Competition Categories – one (1) prize will be awarded to the best judged Entry in each of the following five (5) award categories, as follows:
- Commercial and Industrial Buildings: including offices, retail buildings, warehouses, educational buildings and institutions, factories, processing facilities and agricultural buildings;
- Residential Buildings: including houses, villas, apartments and aged care (and similar) facilities;
- Heritage and Restoration Buildings: building work and methods undertaken for the conservation of heritage buildings; and
- ‘Zenith’ Buildings: buildings of any description incorporating a significant proportion of architectural cladding products from the Lysaght Zenith range of architectural cladding products.
(each, a Category Award)
- Student Category: a conceptual design category as outlined in the document – “Lysaght Design Inspirations Awards Student Category – Project Brief”, available on the Promotional Website.
- Lysaght Design Inspirations Award: one (1) prize awarded to the overall winner (Major Prize). Student Category Entrants are ineligible for the Major Prize.
How to Enter
- To enter the promotion, Entrants must, during the Promotional Period:
- visit www.lysaghtinspirations.com (Promotional Website) and fully and correctly complete the online entry form in the manner required, including providing the Entrant’s full name, residential address, email address and contact telephone number; and
- Category Award Entrants must provide the details of the Project including the Project name, the Project builder, Project owner, Project address, Suburb, State, Postcode and Country; and
- if the Entrant is the employee or a contractor of a business or entity, the Entrant must state the Company name and ABN of the business or entity that employed them for the Project; and
- nominate one or more of the Competition Categories in which to enter the Project, identify the LYSAGHT® products used in the project and enter a Project description; and
- upload the Application Materials to the Promotional Website,
(together, an Entry).
- Multiple Entries are permitted, however each Entry must be submitted separately and must independently comply with these Conditions of Entry.
Category Award Application Materials
- Project Description
In 500 words or less, provide the judges with an overview of the context of the building, the type of business the Project was designed for (if applicable), the Project’s location and details of all Eligible Products used to design and build the Project.
Submit the following original photographs (taken by the Entrant) ‘that best capture and represent the use of the Eligible Product in creative building design’. as follows:
- three (3) original photographs of the Project site plan, the Project roof plan, the Project floor plan, the Project key section; line drawings of the Project and sketches of the Project, supplied as PDF
- six (6) original photographs of the Project, in which the Eligible Product is visible (where possible), supplied as JPEGs with a file size no bigger than 3MB; and
- three (3) original high-resolution photographs suitable for publication, in which the Eligible Product is visible (where possible), as JPEGs with a file size no bigger than 3MB.
Student Category Application Materials
- Project Description
In 500 words or less, provide the judges with an overview of the context of the building, how it responds to the awards design brief and details of all Eligible Products used in the design of the Project.
Entrants are free to submit whatever supporting illustrations, renders, plans, drawings etc they feel necessary to most effectively communicate their design concept, including clearly identifying where Eligible LYSAGHT® products have been used in the design of the Project.
Where applicable, plans, line drawings of the Project and sketches of the Project, should be supplied as PDFs, with a maximum file size of 128MB.
All Entries must be the Entrant's original work. The Promoter reserves the right to verify, and/or to require the Entrant to verify, that their Entry is the Entrant's original work. If an Entry cannot be verified to the Promoter's satisfaction, the Entry will be deemed invalid and the Entrant ineligible to participate in the Promotion.
All eligible Entries received throughout the Promotional Period will be judged by a panel of appropriately qualified judges. Judging will take place in the period up to 15/10/2019 at Tower B Level 4, 201 Coward Street, Mascot, NSW 2020 to determine the winners.
All eligible Entries will be judged on a basis of: originality, creative merit and innovative use and incorporation of Eligible Products in the building design.
The winners will be determined as follows:
- Category Awards: one (1) Entry in each of the above Competition Categories to be awarded one (1) of the four (4) Category Awards (Category Winners); and
- Student Awards: the one (1) best judged Entry in the Student Category will be awarded the Student Award (Student Winner); and
- Major Prize: one (1) Category Award Winner to be awarded the overall Lysaght Design Inspirations Award. Excluding Student Category Entrants (Major Prize Winner). For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the prize, signed any Winners Release form required by the Promoter and met the requirements of these Conditions of Entry, will they be deemed a winner of the judging.
A total of six (6) prizes will be awarded. The judges’ decision is final, and no correspondence will be entered into.
The winners will be notified in writing via email within fourteen (14) business days of the judging.
All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter.
Each Entrant whose Entry is judged to be the best judged entry in a Competition Category or the best judged entry overall must confirm their eligibility to be awarded a prize and their ability to receive a prize in accordance with these Conditions of Entry within 2 business days of being successfully notified by the Promoter that their Entry has been judged as one of the best judged entry in a Competition Category or the best judged entry overall, otherwise their Entry will be deemed invalid.
In the event that a Promoter cannot successfully contact an Entrant who submitted one (1) of the best judged Entries within five (5) business days of the judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to receive or declines to accept a prize, the Promoter may, in its sole discretion, award the prize to the next best judged Entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize and additionally to participate in the prize.
The names and localities of the winners will be published on the Promotional Website on 23/10/2019.
- Category Awards: the one (1) Entrant whose Entry is judged to be the best from all eligible Entries received in each of the four (4) main Competition Categories during the Promotional Period will each win: one (1) Category Award. Each Category Award prize comprises of the following:
- one (1) AUD$2,000.00 cash prize provided to the winner by electronic funds transfer to a bank account nominated by the winner in writing. Bank account details will be requested from confirmed winners: and
- each Category Award winning Entry (excluding the Student Winner) will feature in an upcoming edition of Lysaght’s “Design Inspiration” portfolio, including acknowledgement of the winners and their associated company and/or entity (if applicable).
- Student Category Award: the one (1) Entrant whose Entry is judged to be the best from all eligible Entries received in the Student Award Category during the Promotional Period will win the Student Category Award. The Student Category Award prize comprises of the following:
- one (1) AUD$5,000.00 cash prize provided to the winner by electronic funds transfer to a bank account nominated by the winner in writing. Bank account details will be requested from confirmed winner.
Entries in the Student Awards category are ineligible for the Major Prize
- Major Prize: the one (1) Entry judged to be the best from the four (4) main Category Award (i.e. excluding Student Category) winning Entries will win one (1) travel prize to the World Architecture Festival in Amsterdam, the Netherlands during the period 31/11/2019 to 07/12/2019 (inclusive) for the Major Prize winner and one (1) companion aged 18 years or older valued at up to AUD$27,000.00 (depending on point of departure).
The Major Prize comprises of the following elements:
- two (2) premium economy return airfares to Amsterdam, the Netherlands from the Australian capital city airport nominated by the Promoter (inclusive of airfare related taxes and charges) (Departure Point);
- two (2) three-day premium plus package tickets to attend the World Architecture Festival from 04/12/2019 – 06/12/2019 (inclusive);
- seven (7) night’s accommodation at a minimum 3 star hotel nominated by the Promoter in its sole discretion in Amsterdam, the Netherlands (twin share) (or similar)
- return transfers to and from the destination airport and the destination hotel
- $5,000AUD spending money for the Major Prize winner only (for the avoidance of doubt no cash component will be awarded to the Major Prize winner’s companion); and
- the Major Prize winning Entry will feature in an upcoming edition of Lysaght’s “Design Inspiration” portfolio, including acknowledgement of the Major Prize winner and their associated company and/or entity (if applicable).
- The total prize pool value is AUD$40,000.00. There are a total of six (6) prizes awarded throughout the Promotional Period. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
- A prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any persons or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
Additional Prize Terms
- The Major Prize must be taken within the period between 31/11/2019 to 7/12/2019 (inclusive) to coincide with the World Architecture Festival 2019, otherwise the prize is forfeited. No extension or variation of the travel and/or accommodation dates is permitted. All components of the prize must be taken together when offered or are forfeited.
- The Major Prize winner must depart from and return to the same Departure Point. The Major Prize winner may accrue any frequent flyer points. The prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by the Promoter or a licensed agent nominated by the Promoter.
- The precise dates, accommodation, details and schedule of activities included in the prize will be notified to the Major Prize winner by the Promoter in writing at least six (6) weeks in advance of the departure date.
- The World Architecture Festival 2019 organisers reserve the right in their absolute discretion to change or amend the event program without notice. The Promoter accepts no responsibility for the cancellation, rescheduling, change or delay of the event for any reason beyond the control of the Promoter.
- All additional costs not expressly stated, but which may be incurred in acceptance and use of the prize, are the responsibility of the Major Prize winner and their companion. Such additional costs may include, but are not limited to meals and beverages, room service, telephone calls, laundry services, spending money, passports and visa (if applicable), insurance, health insurance, travel insurance, transport to and from airport Departure Point, any overnight accommodation required in travelling to and from airport Departure Point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in this prize. The Major Prize winner may be required to present a credit card at time of accommodation check-in.
- The Major Prize winner and their companion must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the prize. Acceptance of the prize and participation in the prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services/suppliers/ event organisers and any other prize suppliers, and in particular behaviour and safety requirements. The Major Prize winner and their companion must follow all reasonable directions given by the Promoter and any event organiser or prize supplier during the course of their participation in the prize, including all directions in relation to behaviour and safety. The Promoter and any event organiser or prize supplier reserve the right, in their absolute discretion, to disqualify, sanction and/or eject the Major Prize winner and/or their companion from any prize related venue or to refuse participation in certain activities on the grounds of inappropriate behaviour, or for safety reasons, or for any breach of these Conditions of Entry generally. If the Major Prize winner and/or their companion fail to participate in the prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their entry and the balance of the prize will be forfeited with no compensation payable.
- It is the sole responsibility of the Major Prize winner and their companion to ensure their entry into the Netherlands, at their own expense, including ensuring all necessary passports are valid for six (6) months from date of travel and visas, travel authorisations (if applicable), medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the prize being forfeited. The Promoter makes no representation as to the safety of the Netherlands and it is the responsibility of the Major Prize winner and their companion to check the travel advice issued by the Department of Foreign Affairs and Trade at www.smarttraveller.gov.au and assess the safety of the Netherlands prior to travel.
- Entrants acknowledge that if they are selected as the Major Prize winner, the Entrant must be willing to participate in the prize on the dates required by the Promoter in its sole discretion. It will be the responsibility of the Major Prize winner to make any necessary school, work or family arrangements in anticipation of the winner’s extended absence from home, school or work (as applicable). The Major Prize winner is solely and absolutely responsible for obtaining leave from work/study and other related activities to participate in the prize. The Promoter is not responsible for any reduction or loss of wages or salary experienced by the Major Prize winner.
- It is a condition of accepting and participating in the prize that the Major Prize winner and their companion may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
Grant of non-exclusive license (Entrants)
By entering the promotion, each Entrant grants to the Promoter a royalty free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such license) to use their Application Materials and name (or any other employee name, as applicable) for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant.
Entrants acknowledge that they have the right to keep their original Application Materials and to continue to use their Application Materials for legitimate business purposes, as well as the rights of the client to use the Application Materials for any legitimate purposes.
Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omission that may constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Application Materials pursuant to the Copyright Act 1968 (Cth) (or any similar laws elsewhere in the world), provided however that Lysaght will not falsely attribute authorship of the Application Materials, or subject the Application Materials to derogatory treatment.
Grant of exclusive license (Winners)
If an Entrant is judged to be a Category Winner, Student Winner or the Major Prize winner, by accepting a prize, each winning Entrant grants to the Promoter an exclusive, royalty free, perpetual, worldwide, irrevocable, unconditional, transferable license (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Application Materials and name (or any other employee name, as applicable) for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant.
Winning Entrants acknowledge that they have the right to keep their original Application Materials and to continue to use their Application Materials for legitimate business purposes, as well as the rights of the client to use the Application Materials for any legitimate purposes.
Each Entrant, in the event they are a winner, also expressly consents for the benefit of the Promoter to all or any acts or omissions that may constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Application Materials pursuant to the Copyright Act 1968 (Cth) (or any similar laws anywhere else in the world), provided however that Lysaght will not falsely attribute authorship of the Application Materials, or subject the Application Materials to derogatory treatment.
By entering the promotion, an Entrant warrants to the Promoter:
- that the content submitted with their Entry is original;
- that they have the authority and all permissions necessary to submit their Entry;
- that they own the content of their Entry for use in any manner in any media and in any form worldwide and in perpetuity;
- that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity;
- in respect of content that includes images or references to third parties or third party property, that:
- the Entrant has, before submitting their Entry, obtained the required written consents and releases from those third parties (or third party property owners) to include such images or references in the content and submit the content as part of their Entry into the promotion; and
- the third parties have been informed by the Entrant and each agree in writing that such third party’s images or reference may be used by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation to the third party for the purpose of promoting, publicising or marketing the promotion (including any outcome), promoting any products and services manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally;
- that their Entry does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
- that their Entry does not contain content that is contrary to the requirements or directions of relevant Regulators;
- that their Entry does not contain content that has been used in previous marketing materials or promotion for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
- that their Entry does not contain content that has any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information;
- that their Entry does not contain content that misrepresents or suggests that an entity has the approval or sponsorship of any other entity which it does not have;
- that during the course of creating their Entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; and
- that they agree that if their Entry is accepted by the Promoter, it may be made available on the Promotional Website, any one of the Promotor’s other company and product websites, Promoter’s social media and other promotional and communication media for public viewing and may be used by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing the promotion (including any outcome) and/or promoting any products and services manufactured, distributed and/or supplied by the Promoter and/or the Promoter and generally.
Conditions of Entry
- Information on how to enter, mechanics of entry and the prize form part of these Conditions of Entry. These Conditions of Entry must be read in conjunction with the Schedule for the Promotion. Entry into the Competition is deemed acceptance of the Schedule and these Conditions of Entry. Capitalised terms and expressions appearing in these Conditions of Entry are as defined in the Schedule or these Conditions of Entry. Unless the contrary intention appears, a reference to the singular includes the plural and vice versa. The Schedule will prevail to the extent of any inconsistency between the Schedule and these Conditions of Entry. Entry is via Internet only.
- All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
- The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not), and/or to accept any error(s) and/or omission(s) on behalf any Entrant(s) does not constitute a waiver of that restriction or of these Conditions of Entry generally.
- Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incompressible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
- The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
- Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
- Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid.
- The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identify, age, residential address, eligibility to enter and claim an prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entry or Entrant has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction, then all the Entries of that Entrant may be ineligible and deemed invalid.
- The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- The Promoter reserves the right in its sole and absolute discretion, edit, modify, delete, remove and/or take-down any part of an Entrant's Entry.
- A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole and absolute discretion.
- Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any beach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- Any Entry that contains content that the Promoter in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other right of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into.
- By entering the promotion, Entrants acknowledge that their Entry may be featured on the Promoter’s Website and any other online platform (including social media platforms) or physical publication for public viewing for the duration of the Promotional Period and in perpetuity (unless otherwise requested).
- Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (excluding the Promoter) where required for that Entry into the promotion), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability.
- All right, title and interest, including in all Intellectual Property Right, in all promotional material and in the Promoter’s brands, logos, trading names, products and/or services and the Promotional Website will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive license for the Promotional Period to use the promotional material and the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the Promotion.
- If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
- If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any 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 cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s).
- To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
- The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize.
- As a condition of entering this promotion, each Entrant consents to the Promoter and its external media partners using the Entrant's Entry, name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
- All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
- The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter (if any). If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
- The Promoter will provide to the Entrant, at time of entry into the promotion, or as soon as reasonably practicable thereafter, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
- By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, promotional partners, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
- In these Conditions of Entry: “Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia. “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means in Australia information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Department of Communications and the Arts, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the Classification Board and the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.