TERMS AND CONDITIONS:
This competition (Competition) is organised and run by 1Cover Pty Ltd and its associated companies in Australia and New Zealand (Promoter). Participation in this Competition by an entrant is deemed to be an irrevocable and unconditional acceptance of these Terms and Conditions (Terms) by the entrant. Information on how to enter into the Competition, including any prizes awarded, form part of these Terms.
2.Entry is only open to Australian and New Zealand residents aged 18 years or over. The employees (and their immediate families) of 1Cover Pty Ltd and its associated companies in Australia and New Zealand (collectively, the Promoter) are ineligible to enter the Competition.
3.The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.The competition commences at 00:01 AEST on 1 May 2019. Entries close at 23:59 AEST on 30 June 2019.
5.Entrants must submit their entry(ies) via the competition portal at www.1cover.com.au/comedy
(Portal) and provide the following personal details of the entrant at the time of submission: name, email address and telephone number of the entrant. Any joke must be submitted as a video which must not be more than 90 ninety seconds long.
6.Entrants are permitted to submit up to a maximum of three (3) entries, but each entry must be a different joke.
7.Entries must only be submitted by the person named in the entry form in the form of a video of the entrant presenting the joke and must be performed solely by the entrant.
8.The entry must only be publicly available via the Portal. You must not make the entry available on any other media platform or otherwise make it available to the public.
9.Without limiting sections 10 to 12 below, incomplete, inaudible or otherwise indecipherable entries (including those of low technical quality) will be deemed invalid.
10.Each entry (including the recording itself, and the contents of the recording) must be the wholly original work of the relevant entrant. The entry must not be a recording which has been created by a third party or otherwise not created specifically for the Competition. The entrant must ensure that no entry includes third party content – third party content may include things like background music, video footage, literary works or artworks. The Promoter reserves the right to remove any entry from the Portal which, in the Promoter’s opinion breaches, or is likely to breach, this section 10.
11.Entries must not:
•be obscene and/or offensive;
•be defamatory or disparaging of another person or entity;
•infringe or violate the rights of any third party; or
•contain content which is unlawful or illegal.
The Promoter reserves the right to remove any entry from the Portal which in the Promoter’s opinion breaches, or is likely to breach, this section 11. If any entry is removed by the Promoter, the Promoter may also disqualify the entrant who submitted the relevant entry from participating in the Competition.
12.The Promoter’s right to remove any entry from the Portal, and to disqualify an entrant from participating in the Competition, is not limited to the situations set out in sections 10 and 11 above. If, in the Promoter’s opinion, an entry negatively impacts the reputation of the Promoter, subjects any officer or employee of the Promoter to ridicule or is not otherwise in the comic spirit of the Competition, the Promoter shall be entitled to remove the entry from the Portal and may disqualify the entrant who submitted the relevant entry from participating in the Competition. The entrant acknowledges and agrees that any entry which is removed from the Portal (whether pursuant to section 10, section 11 or this section 12) shall be deemed an invalid entry and such entry shall not participate in the Competition or be considered for any prize.
13.Entrants must not attempt to interfere with the judging process or approach the Promoter or any of its employees regarding the Competition, whether directly or indirectly, including by any form of social media.
14.There are two (2) different categories of prizes in the Competition – these are as follows:
•Judges’ Choice: A first place winner, as well as a runner-up, to be decided by a panel of judges selected by the Promoter, based on the number of votes; and
•Office Choice: A winner to be decided by the Promoter’s staff members.
15.The judging of the entries for both categories named above will take place on or before 1 July 2019 (or any other date as otherwise determined by the Promoter). The Promoter reserves the right to create a short-list of entries (based on its own assessment of all of the entries submitted) from which the judging panel and its staff will select the winners.
16.Entries will be judged on their creativity. Each entry will be individually judged based on literary and creative merit of the answer provided to the question.
17.The winners will be publicly announced by the Promoter on 2 July 2019 (or any other date as otherwise determined by the Promoter) by publishing the names of the winners on the competition portal at its website at 1cover.com.au/comedy and/or any of the Promoter’s social media accounts. The entrant acknowledges and agrees that the Promoter is entitled to publicise the winners of the Competition in any and all media (including without limitation over the radio) for any period of time after the announcement of the winners. The Promoter may request that the winner participate in an interview with a representative of the Promoter in respect of the Competition and the entrant hereby agrees that, if the entrant is selected as a winner, he/she will cooperate with any such request of the Promoter pursuant to this section 17.
18.The Promoter’s decision in deciding the winners in each of the categories is final and not subject to review, and no correspondence will be entered into by the Promoter regarding the basis on which any decision was made.
The following prizes will be awarded in respect of the categories set out in section 14 above:
•Judges’ Choice First Place: AUD$10,000.
•Judges’ Choice Runner-up: AUD$2,000.
•People’s Choice: AUD$3,000.
20.For Australian residents: The Promoter only accepts entries on the basis that, even if the entrant is registered for GST, no entry will be submitted by the entrant in the course of or in furtherance of the entrant’s own business or enterprise. The Promoter will not add to any prize an amount representing a GST component on that prize when the prize is paid to a winner. The entrant hereby acknowledges that he/she shall not be entitled to any further payment of any sum from the Promoter over and above any prize paid to the entrant pursuant to these Terms and hereby indemnifies the Promoter in respect of any taxes, penalties or other costs which the Promoter may incur or suffer arising out of or in connection with any audit conducted by the Australian Tax Office (ATO) in which the ATO determines that GST was payable on a prize paid to the entrant. This section 20 does not limit the indemnity set out in section 30 below.
21.For New Zealand residents: If the entrant is a New Zealand resident and is entitled to a prize pursuant to these Terms, such winner acknowledges that any such prize shall be paid in Australian Dollars and that the value of the prize ultimately received by the winner will be subject to the currency exchange rates applied by the relevant bank at the time of processing payment to the winner (or as determined by the bank) as well as any international transaction fees or expenses and taxes which may be applied. The Promoter does not guarantee that the winner will receive any particular monetary value in respect of any prize.
22.A winner will only be paid the prize provided that:
•there has been no breach of these Terms by the winner or in relation to the winning entry; and
•if required by the Promoter, the winner has signed any legally binding agreement/s and/or documents between the winner and the Promoter consistent with these Terms (without prejudice to section 34 below). Any such legally binding agreement and/or documents will be in the form provided by the Promoter in its complete discretion.
No compensation shall be payable to any entrant who is chosen as a winner but who is not awarded the prize by reason of this section 22. Further, in the event the entrant breaches these Terms, or the Promoter only becomes aware of such breaches, after any prize has been awarded to the entrant, the Promoter reserves the right to require the entrant to repay and/or reimburse the prize money back to the Promoter and the entrant must do so within seven (7) days of the Promoter’s request.
23.The prize is not transferable or exchangeable and will be paid to the winner by direct deposit into a bank account nominated by the winner. The Promoter will contact the winner in regard to the payment of the prize; however, if the winner does not respond to the Promoter in a timely manner, or otherwise within fourteen (14) days of the Promoter’s first attempt to contact the winner regarding payment of the prize, the Promoter reserves an absolute right to award the prize to another entrant. Any decision made by the Promoter under this section is final and not subject to review.
24.The entrant hereby grants to the Promoter an exclusive royalty-free licence of all rights including, without limitation, copyright in and to any and all entries (including as may be deemed invalid in accordance with these Terms) for the full duration of such rights throughout the world in any and all media. The entrant hereby acknowledges and agrees that this section 24 applies to all entries submitted by the entrant, whether or not the entrant or any of the entries becomes a winner.
25.The Promoter (and its assigns and licensees) has the right (without payment to the entrant) to make unfettered use of any of the entries, and to publish the name and image of any winner, in connection with the Competition and for any promotion, marketing or publicity of the Promoter generally in any and all media worldwide, provided that the Promoter will not hold the entrant out as endorsing any product or service. The entrant hereby gives all necessary consents as may be required to enable the Promoter to exercise the rights herein.
26.The entrant agrees that if there are vested in the entrant any moral rights in any entries, the entrant unconditionally and irrevocably waives in perpetuity his/her moral rights or otherwise grants his/her consent to the Promoter doing or omitting to do any act which would otherwise infringe the entrant’s moral rights under the Copyright Act 1968 (Cth) (or analogous laws in other jurisdictions) in relation to the any and all entries, and the entrant will not make any claim in respect of any such action by the Promoter.
27.The Promoter may (but is not obliged to) reproduce any and all entries across any social media accounts maintained by the Promoter, which include (but are not limited to), Facebook (1Cover Travel Insurance and 1Cover NZ), Instagram (@1cover and @1covernz) and Twitter (@1CoverInsurance and @1CoverNZ) and the entrant provides his/her consent to any such use of the entries in relation to the foregoing. The Promoter is entitled, in relation to such reproductions, to add a ‘top and tail’ to any entry (that is, to include a screen image or short animation promoting the Competition before and after the video clip itself). Entries may remain on any one or more of the Promoter’s social media account indefinitely. Any entry which is not published on any social media accounts shall not be deemed invalid by this reason only and shall (subject to any other section of these Terms) participate in the Competition.
28.If this Competition is affected by error, delayed, interrupted or is otherwise not capable of being conducted as anticipated due to any reason, including if the Promoter chooses to discontinue the Competition at its absolute discretion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate. For the avoidance of doubt, to the maximum extent permitted by law the Promoter is not liable for any loss or damage that an entrant may suffer in connection with a disqualification and/or the Competition is affected by error, delayed, interrupted, modified, suspended, terminated or cancelled.
29.Except for any liability that cannot be excluded by law, the Promoter (including their respective officers, employees and agents) excludes any and all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties, equipment malfunction or unavailability of the competition portal (whether or not under the Promoter’s control); (b) any circumstances beyond the reasonable control of the Promoter; (c) any theft, unauthorised access or third party interference; (d) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any variation in prize value to that stated in these Terms; (f) any tax liability incurred by a winner or entrant; (g) redemption of the prize (including bank transaction fees) and/or (h) participation in the Competition.
30.The entrant indemnifies and undertakes to keep the Promoter indemnified from and against any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses and damages which may be brought or awarded against the Promoter or suffered, incurred or paid by the Promoter (howsoever arising) in respect of, arising out of or in connection with the content of an entry submitted by (or on behalf of an entrant) or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the entrant.
31.The indemnity in section 30 above is a continuing obligation which is separate and independent from any other obligations of the parties under these Terms and it survives termination, completion or expiration of the Competition and these Terms.
32.The entrant acknowledges and agrees that it is not necessary for the Promoter to incur any expense or cost or make any payment before enforcing the indemnity in section 29 above and the entrant will pay any money due to the Promoter under that indemnity on demand by the Promoter.
33.The Promoter shall not be liable to the entrant or the entrant’s legal representatives for any loss or damage or injury to the entrant or the entrant’s property caused by or suffered in connection with the Promoter’s use or exploitation of the entries.
34.The Promoter collects entrants’ personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties (including to its associated companies), agents, contractors and service providers. Entry is conditional on entrants providing this personal information. By entering the Competition and submitting your personal information you give consent to the Promoter to use your personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. You can contact the Promoter to request access to your personal information, or to request that we update or correct your personal information. If you wish to withdraw your consent to the Promoter using your personal information or contacting you, you can withdraw your consent at any time by contacting the Promoter by email.
35.By entering the Competition, the entrant consents to receipt of any email or phone call from the Promoter regarding the Competition.
36.These Terms constitute a binding legal agreement between each entrant and the Promoter.