http://www.bluestratos.com.au/fragrance/mostratos-competition/
PARTICIPATION
1. This competition ("Competition") is conducted by Key Sun Laboratories (ABN 73 080 150 312) of 16 Jubilee Avenue, Warriewood NSW 2102 ("Promoter").
2. Entry in to the Competition constitutes acceptance of these Terms and Conditions. All entry instructions and prize information published by the Promoter forms part of these Terms and Conditions. Nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
3. The Competition is only open to individuals who: (i) are residents of Australia aged 18 years or older as at time of entry; and (ii) are not directors, management or employees (or their immediate family members) of the Promoter associated with this Competition. A person who meets the entry criteria described in this condition is known as an "Eligible Entrant".
4. Competition entry commences at 9:00am on 1 November 2014 and closes at 5:00pm on 30 November 2014 ("Entry Period"). All times referred to in these Terms and Conditions are Australian Eastern Daylight time.
5. All dollar amounts stated in these Terms and Conditions are Australian dollars.
ENTRY
6. Eligible Entrants upload an original video of their own Mo Stratos advertisement (maximum 30 seconds in length) to YouTube and share the link with the Promoter.
7. Eligible Entrants consent to the Promoter publishing their first name, initial and suburb/town along with their entry (or part thereof) on the website
www.mostratos.com.au and Facebook.
8. All Eligible Entrants must ensure that the Promoter receives their complete entry during the Entry Period. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or delays or failures in any telecommunications service or equipment.
9. An Eligible Entrant can submit multiple individual video entries. Each entry must comply with these Terms and Conditions. Each Eligible Entrant must create their own original entry and only submit an entry in their own name. Entries that are found to have been copied or derived in any way from any third party artistic work or works will be considered invalid and, if awarded a prize, the prize will be deemed void and withdrawn and/or recovered by the Promoter. An Eligible Entrant agrees to indemnify the Promoter for any claims, costs, expenses, penalties or damages they incur from recording, featuring, publishing or advertising any works subsequently found to have been derived in any way from any third party artistic work or works. This indemnity extends to any legal costs incurred by the Promoter, or any other entity associated with this Competition, on a solicitor and client basis.
10. Each Eligible Entrant warrants and agrees that:
(a) they have created their entry themselves;
(b) they will not submit material in their entry that is copyright protected in any way or otherwise subject to any third party proprietary rights, including privacy and publicity rights, unless the Eligible Entrant is the full owner of all such rights;
(c) the entry has not been previously published in any other medium or forum worldwide (whether by the Eligible Entrant or anyone else);
(d) they will not submit material that is unlawful, obscene, defamatory, derogatory, abusive, harmful to any person or entity, or otherwise inappropriate or offensive; and
(e) they have not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter, and related agencies under these Terms and Conditions.
(f) they have obtained the consent of each friend/family member/third party featured in the video to enter the video in the Competition and for it to be used in accordance with these Terms and Conditions, and grant the same rights with respect to the use of the video as the Eligible Entrant does under these Terms and Conditions;
(g) they will upon request of the Promoter obtain a legal release and indemnity from the friends/family members/third parties who helped with or appeared in their video in a form determined by the Promoter;
(h) they have not advertised or promoted any third parties' or the Eligible Entrant's own goods or services. Entries must not use third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights, other than the Promoter.
11. This important term explains the limitation of an Eligible Entrant's intellectual property rights with respect to the intellectual property associated with their entry. The Eligible Entrant freely agrees to this term. Each Eligible Entrant acknowledges and freely agrees that the Promoter (and each of its assignees and licensees) has the exclusive right, in its absolute discretion, to edit, amend, copy, reproduce, re-record, use, publish, perform, broadcast and communicate to the public, the entry in any media including television and the internet (including production and release of the entry, whether in whole or in part or as part of a compilation work or sample), without any consultation (beyond the written agreement set out in these Terms and Conditions and any other related agreement entered into between the Promoter and the Eligible Entrant), any reference, or any payment or other compensation. The Entrant agrees that they will not make any claim against the Promoter, or any of their respective assignees and licensees, arising from the exercise of the above rights, including any claim in relation to any moral rights. For the avoidance of doubt, and to the fullest extent permitted by the law, the entry becomes a work exclusively commissioned by the Promoter under these Terms and Conditions. All copyright with respect to the entry, as well as any moral rights with respect to that entry (including the right of attribution), transfers immediately. The Eligible Entrant agrees that they understand the limitations upon their intellectual property rights, as set out in these Terms and Conditions, and agrees that they have had the opportunity to seek independent advice about their decision to enter the Competition pursuant to these Terms and Conditions.
12. The Promoter may, in its absolute discretion, declare any (or all) entries made by an Eligible Entrant invalid if the Eligible Entrant tampers with the entry process, benefits from such tampering or submits an entry that is illegible, incomplete or not in accordance with these Terms and Conditions or otherwise calculated to jeopardise the fair and proper conduct of the Competition.
13. The Promoter reserves the right, at any time, to require an Eligible Entrant to verify the eligibility and validity of their entry (including providing proof of identity and eligibility) and to disqualify any entrant who has breached these Terms and Conditions. Proof considered suitable for verification is at the Promoter's discretion.
INTERNET ENTRIES
14. Eligible Entrants must submit their internet entries manually. The Promoter may reject internet entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
15. Cost of entry via the internet is free, but internet connection and usage rates may apply and remain an Eligible Entrant's responsibility. Eligible Entrants should obtain details of such costs from their service providers.
PRIZES AND WINNERS
16. There are 3 Prizes, the 1st Prize, the 2nd Prize and the 3rd Prize (each, a "Prize"). This Competition is purely a game of skill. Chance plays no part in determining the Winners.
17. Only one winning entry will be chosen to win the 1st Prize. The properly submitted entries of all Eligible Entrants will be judged by representatives of the Promoter at 11:00am on 01 December 2014 at the Promoter's offices at 16 Jubilee Avenue, Warriewood, NSW. Valid entries will be judged based on creativity, effort, execution, and alignment with the spirit of the Competition ("Criteria"), and one (1) winner ("Prize Winner") will be selected to win the 1st Prize. A further two (2) entries will be selected in reserve under the same judging criteria (and ranked second and third respectively) only in case the first selected Prize Winner cannot be successfully contacted or their eligibility confirmed.
The 1st Prize is one week work experience at the Jungle Boys PLUS $1,000 “expenses” money.
The 2nd Prize is a hang-gliding experience near Sydney via Redballoon for two PLUS $500 “expenses” money.
The 3rd Prize is a MoStratos pamper pack in a man-bag.
PROVISIONS APPLICABLE TO THE PRIZE GENERALLY
18. The Prizes are valued at $2,300 in total.
19. Each Prize Winner accepts the Prize at his or her own risk. The Promoter, its associated entities and agencies and their personnel shall not be liable for any death, injury, loss or damage (including any claim, costs or expenses) whatsoever that is suffered by any Eligible Entrant, Prize Winner or assignee of the Prize (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained as a result of taking and/or using any Prize, except for any liability that cannot be excluded by law. The Promoter shall not be responsible for any entries that are not received or are otherwise interfered with due to problems with the internet or telecommunications services. No responsibility will be taken by the Promoter for any incomplete, late, lost or misdirected entries. The Promoter recommends that tax and/or financial advice is sought by any Prize Winner at the time of accepting any Prize.
20. It is a further condition of accepting any Prize that the Prize Winner may each be required to sign a legal release in the form determined by the Promoter.
WINNERS OF THE PRIZES
21. Each Prize Winner will be notified by a message on Facebook within two working days of them being selected as a Prize Winner.
22. The Prize notification will state that the Prize Winner has won the Prize, which Prize they have won, and will include details as to how the Prize will be provided.
23. The Prize Winners' names will also be published on the MoStratos Website within seven days of being selected and their eligibility confirmed.
24. If :
(i) a Prize is not claimed by a Prize Winner or the Promoter has been unable to successfully notify a Prize Winner following reasonable attempts over a period of 30 days from the time they are selected by the Promoter; or
(ii) the Prize Winner is determined by the Promoter to be ineligible in accordance with these Terms and Conditions, then the People's Choice Award will be awarded to the Eligible Entrant with the second highest number of public votes (as at the end of the Entry Period) and/or the Major Prize will be awarded to the Eligible Entrant whose video is judged to be second best by the judging panel. The resulting Prize Winner will be notified by a message on Facebook and a notification on the MoStratos website.
GENERAL
25. The Promoter assumes no responsibility for:
(i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Eligible Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise,
(ii) any theft, destruction or unauthorised access to, or alteration of such communications;
(iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
(iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); (v) any delay in delivery, or failure of safe delivery of the Prize; (vi) any tax liability incurrent by the Prize Winner.
26. All of the Promoter's decisions in relation to all aspects of this Competition are final and no correspondence will be entered into. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
27. The Promoter (including their respective directors, officers, employees and agents) will be not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Competition or accepting or using the Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
28. Each Prize Winner consents by entering the Competition to the Promoter using their name, likeness, image and/or voice (including a photograph, film and/or recording of them) in any media at any time or times without compensation, financial or otherwise, for the purpose of promoting this Competition, the Promoter, any of the Promoter's products.
PRIVACY AND MARKETING CONSENT AND DISCLOSURE
29. Privacy Statement. The personal information of the Prize Winners may be provided to others assisting in the conduct of the Competition, including the Competition administrator, other prize suppliers and deliverers. An Eligible Entrant's name and their entry may be published on Competition Website. By entering this Competition, each Eligible Entrant consents to the use of their personal information as described. Eligible Entrants may contact the Promoter by sending an email to
info@keysun.com.au to request access to, or correction of, their personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win the Prize. The collection, use and disclosure of all personal information is handled in accordance with the Promoter's privacy policy available at
www.keysun.com.au or by calling 1800 791 381.
30. By entering the Competition, Eligible Entrants agree to be entered into the Promoter's marketing program. Each Eligible Entrant also understands and agrees that a primary purpose of collecting information about the Eligible Entrant is to enable the Promoter to contact the Eligible Entrant at a later date (by any permitted means including telephone, email, mail or SMS) to market products and services. If the information requested is not provided the entrant will not be eligible to participate in the Competition. By entering this Competition, the Eligible Entrant understands and agrees that the Promoter may use and disclose their information in the ways described in these Terms and Conditions. If the Eligible Entrant would like to opt out of receiving the marketing communications referred to in these Terms and Conditions after the Entry Period, the Eligible Entrant can inform the Promoter by sending an email to
info@keysun.com.au
Australian Competitions Club
