Competition Terms & Conditions
1. Information on how to enter and prize details form part of these conditions. Entry into this Competition is deemed acceptance of these terms and conditions of entry.
2. The Sponsor is Mental Health Association NSW Inc ABN 11 326 005 224 of Level 5, 80 William St East Sydney NSW 2011 ("Sponsor").
3. This Competition is open to residents living in NSW, Australia. Permanent or full-time employees of the Sponsor are not eligible to enter this competition.
4. If an entrant is under 18 years, they must have their parent or guardian's consent to enter this Competition. The Sponsor reserves the right to request proof of this consent in writing. If a Prize winner is under the age of 18 years, the Prize will be awarded to their parent or legal guardian. A parental or guardian consent referred to in these terms must: (a) consent to the matters referred to in these terms and conditions; and (b) include the words "in consideration of Mental Health Association NSW Inc agreeing to admit the entrant into this Competition, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Competition".
5. The Competition begins on November 20, 2009 at 9:00 a.m. Australian Eastern Standard Time (“AEST”), ends on 31 August, 2010 at 8:59 a.m. AEST (the “Competition Period”) and consists of nine (9) monthly submission entry periods, (each an “Entry Period”) and one final competition during August 2009.
6. Submissions will be in the form of images, writing, audio, video and any other content deemed suitable by the Sponsor in its absolute discretion.
7. The nature, form and details of submission may be varied by the Sponsor during each monthly period and will be described on the relevant monthly entry form. Submissions must be in English and must be the original work. Submissions can include content that you have previously submitted for another promotion or exhibited and/or displayed in public.
8. You must have permission from any person who can be identified in your Submission and you may be requested to provide written proof of such permission.
9. Content Restrictions:
Submissions must not:
• contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• disparage the Competition Sponsor, Administrator or any other person, organisation, brand or party whether affiliated with the Competition and administration of this Competition or not;
• contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, physical or mental health status, nationality, disability, sexual orientation or age;
• contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created; and
• claim any association, endorsement or relationship with any company, brand, product, service or entity depicted or contained in the Submission.
The Sponsor may, whether requested by any affected third party or not, refuse to accept or withdraw from the Competition any Submission which the Sponsor considers does or may breach any of these restrictions and that Submission will not be eligible for voting or prizes.
10. The Sponsor reserves the absolute right in its sole discretion to refuse to accept any submission or to withdraw any Submission from a Competition, whether before or after the submission has been accepted or displayed.
11. Where a submission is made by email, the authorised account holder, at time of entry, of the email address used to register for the Competition and create the applicable Account will be deemed to be the entrant and must comply with these terms and conditions. The “authorised account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address.
12. In the event there is a conflict between Facebook™ Terms and Conditions and these Terms and Conditions with regard to this Competition, these Terms and Conditions shall prevail.
13. Uploading a Submission constitutes your consent (and/or the consent of the authorised account holder in respect of the email account from which a Submission is net) to granting the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, sub-licence, create derivative works from and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested by the Sponsor, you agree to sign any necessary documents required by the Sponsor or to confirm or perfect this licence.
14. By participating in the Competition, you agree to release and hold harmless the Sponsor, Facebook™., the Competition administrator and their respective subsidiaries, affiliates, suppliers, distributors and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Competition or receipt or use or misuse of any prize.
15. Released Parties are not responsible for and accept no liability for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions.
16. Submissions will be posted in an online gallery for public voting by members of Facebook™ who have registered on the ‘stress less’ tips campaign page. Members of Facebook™ will be invited by entrants and the Sponsor to vote for the Submissions they believe are best. The highest voted submission is not automatically the winner of a monthly competition. The Sponsor’s decision will take into account a combination of votes received from the community as well as the advice of an expert panel selected by the Sponsor. The Sponsor reserves the absolute right in its sole discretion to determine winners, or to decide that there will be no winner in a particular month, regardless of the outcome of community voting. The Sponsor’s decision is final.
17. The Sponsor reserves the right to select fewer than three (3) Finalists per Entry Period, if, in its sole discretion, it does not receive a sufficient number of eligible, qualified and suitable Submissions. Non-Finalist Submissions will not be considered during the judging of Submissions.
18. Grand Prize Submission Phase: Finalists and the general community will be invited to enter into the last phase of the Competition by submitting their favourite tip for inclusion in 2010’s ‘10 Tips to Stress Less’. The special instructions for this competition will outlined in July 2010 and the community will have until August 31st, 2010 to submit their entry.
19. Each voter may vote one (1) time per entry. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion.
20. Multiple voters are not permitted to share the same email address or Facebook™ account. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter’s Submission(s) (if any) and votes and he/she will be disqualified from further participation in the Competition. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. In the event of a dispute as to any vote, the authorised account holder of the email address or Facebook™ account used to vote will be deemed to be the voter.
21. The Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible, qualified and suitable Submissions. The Sponsor also reserves the right, in its sole discretion, to select an alternate Grand Prize winners should the voting appear to have been tampered with or manipulated in any way.
22. Potential Finalist Prize winners will be notified by email, the Friday following the end of the applicable Entry Period and potential Grand prize winner will be notified by email by 2nd September, 2010. If a potential winner cannot be contacted within the required time period (if applicable), fails to provide proof of eligibility, is not in compliance with these Terms and Conditions, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at the Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded.
23. The Sponsor may collect your personal information relating to contestants and may use and disclose that information for the purposes of the Competition and related purposes, including in connection with any dispute, claim or action arising out of a Submission by the individual. In addition, if you win a prize, by accepting the prize you agree and consent to the Sponsor and its authorised licensees disclosing your, name, city, state, Submission and/or prize information in connection with the Competition and publicity regarding the Competition’s results and for related promotional, advertising or other purposes worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
24. Winner accepts and acknowledges that the Sponsor shall not be obliged to use or promote any winning Submission and that the Sponsor in its sole discretion shall have the right to refrain from using the Submission. The Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Where a winning Submission is used by the Sponsor or its licensees pursuant to the Terms and Conditions, the winner must indemnify Sponsor and the Released Parties against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
25. Prizes will be distributed 8 – 10 weeks after Competition conclusion subject to confirmation of all winners contact details.
26. Prizes:
UP TO TEN (10) GRAND PRIZES: To be announced by 1st July 2010.
TWENTY SEVEN (27) FINALIST PRIZES: Various prizes announced each month.
27. Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value, for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
28. The Sponsor reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Competition, as determined by The Sponsor in its sole discretion. If terminated, The Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using an expert Judging panel.
29. The Sponsor, in its sole discretion, reserves the right to disqualify any competitor it finds to be tampering with any Submission process or the operation of the Competition or to be acting in violation of these Terms and Conditions or any other promotion or in an manner which is contrary to the best interests of the Competition or the Sponsor or is in any way disruptive and may reject all associated Submissions made by that competitor. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
30. Winner List:
Winners will be listed on the campaign website after the entry period.
31. Any decision of the Sponsor is final and no correspondence shall be entered into nor is the Sponsor required to give reasons for its decision.
32. “Facebook ™” is the registered trademark of Facebook Inc and the Sponsor has no association or affiliation with Facebook Inc.