Australian Competitions Club

www.one80project.com.au

YES Optus one80 Project MTV

Get your idea on big screen!

Submit a 180 second pilot for your chance to get your idea on the big screen - produced and aired by MTV.

With a budget of $180,000 and a share in $30,000 of prizes

Note - there is a voting period after the comp closes.

OPTUS ONE80 COMPETITION 2011-12 – TERMS AND CONDITIONS
GENERAL INFORMATION
1. These are the terms and conditions (“Terms and Conditions”) that govern the
relationship between you and the Promoter when you enter the Optus One80
Project Entry Period competition (the “Competition”).
2. By submitting an entry into the Competition, entrants warrant that they have read,
understand and agree to be bound by these Terms and Conditions.
3. The Promoter is MTV Networks Australia Pty Ltd, ABN 18 107 601 418, of
Ground Floor 4-16 Yurong Street, East Sydney, NSW 2010 (“Promoter”).
4. A “Qualifying Individual” is an individual who is: (i) Australian resident aged 15
years, or older, as at 15 October 2011; (ii) is not an employee of the Promoter,
Optus Administration Pty Ltd, Singtel Optus Pty Ltd or any of their suppliers,
associated companies or agencies; and (iii) is not a spouse, defacto spouse,
parent, child or sibling (whether full, half, step or by adoption) of such an
employee. An entry to the Competition can be submitted by one Qualifying
Individual alone (an “Entrant”), or by multiple individuals, provided all those
individuals are Qualifying Individuals (together an “Entrant”).
5. The Optus One80 Project consists of two competition elements – the entry period
for Entrants (“Entry Period”), and the voting period for the general public (“Voting
Period”). The Competition and these Terms and Conditions relate solely to the
Entry Period. Details and terms and conditions for the Voting Period competition
will be made available at the close of the Competition on the Optus One80
Project website, located at www.one80project.com.au (“Website”).
6. The Competition Entry Period commences at 12:01am (AEDT) on 15 October
2011 and closes at 11.59pm (AEDT) on 14 January 2012.
7. The Voting Period will run from 12:01am (AEDT) 24 January 2012 until 11:59pm
(AEDT) 4 March 2012.
8. Entries delivered by hand or post can be submitted in accordance with these
Terms and Conditions from 15 October 2011 until the end of the Entry Period.
Entries uploaded via the Website can be submitted in accordance with these
Terms and Conditions from 31 October 2011 until the end of the Entry Period.
9. The announcements of Competition winners will take place no later than 6 April
2012.
ENTRY
10. Entrants can submit an unlimited number of entries into the Competition,
providing they meet the criteria set out in these Terms and Conditions, and they
submit the entry with all corresponding materials within the Entry Period.
11. The Promoter reserves the right to verify the validity of entries and to disqualify
any Entrant who the Promoter believes either has manipulated, tampered with, or
engaged in unfair practices relating to, the Competition voting or the Competition
process or has submitted an entry that is not in accordance with these Terms and
Conditions.
12. There are two categories of entry:
(a) General, where the Entrant completes and submits their entry using a
standard video camera and film in accordance with these Terms and
Conditions and will be in the running for the prizes and awards outlined in
Clauses 58 and 59(a) below; and
(b) Mobile, where the Entrant completes the Pilot portion of their entry (as
defined below) using a mobile phone only in accordance with these Terms
and Conditions, and will be in the running for the Mobile Award Prize only,
outlined in Clause 59(b) below.
13. For the avoidance of doubt, any reference to an Entrant will refer to an Entrant of
both the General and the Mobile categories, unless otherwise indicated by the
context.
ENTRY DETAILS – GENERAL
14. To enter a General entry, an Entrant must download an entry form from the
Website (“Entry Form”) and submit the following:
(a) a completed Entry Form;
(b) a pilot episode of a drama (see Clause 34) (“Pilot”) of not greater than 3
minutes duration (including any opening and closing credits) and no less than
1 minute duration that relates to the submitted Entry Form;
(c) a treatment outlining the Pilot; and
(d) a biography
in accordance with the formats set out in Clause 15.
15. Completed General entries can be submitted in one of two ways:
(a) Online
Entries can be submitted in the formats outlined in Clause 15 by way of uploading
on the Website, following the directions provided at the Website.
(b) Mail/Delivery
Entries can be posted or hand delivered to:
OPTUS ONE80 PROJECT
MTV Networks Australia
4-16 Yurong St
EAST SYDNEY 2010 NSW
All entries submitted in this manner must be posted or delivered no later than
5pm Friday 13 January 2012, and posted entries must be post-marked no later
than Friday 13 January 2012 to be eligible.
16. All General entries must be submitted in the formats as defined in the table
below:
Entry Element Format Required
Pilot No longer than 3 minutes (180 seconds) total
running time and no shorter than 1 minute (60
seconds) total running time.
VIDEO
- Codec H.264
- Frame rate 24, 25, or 30 FPS
- Data rate 2000 kbps (SD), 5000 kbps
(HD)
- Resolution 640x480 (SD), 1280x720
(HD)
- 640x480 for 4:3 SD video, 640x360
for 16:9 SD video, and 1280x720 or
1920x1080 for HD. If you have the
option to control the pixel aspect ratio
(not the display aspect ratio) make
sure it's set to "1:1" or "1.00",
sometimes referred to as "square
pixels."
- Deinterlacing Maybe
- If you are shooting on an older
camera, enable this option.
Otherwise, you may get weird-looking
horizontal lines in your video. With
newer camera models this won't
matter, so you can leave this option
unchecked.
AUDIO
- Codec AAC (Advanced Audio Codec)
- Data rate 320 kbps
- Sample rate 44.1 kHz
Note: Posted/Delivered Entries must be
delivered on DVD only
For uploaded entries: if selected as a Finalist,
entrants will also need to supply a Quicktime
data file (8-bit uncompressed) on DVD
Entry Form To be obtained online at Website
www.one80project.com.au
Treatment Hard or electronic Word or PDF copy, to
accompany the Pilot
Bio Hard or electronic Word or PDF copy, to
accompany the Pilot for each member of the
Creative Team (see Clause 25)
ENTRY DETAILS – MOBILE
17. To enter a Mobile entry, an entrant must download an Entry Form from the
Website and submit the following:
(a) a completed Entry Form;
(b) a Pilot of not greater than 3 minutes duration (including any opening and
closing credits) and no less than 1 minute duration that relates to the
submitted Entry Form;
(c) a 100 word synopsis outlining the Pilot; and
(d) the following information:
i. Mobile device(s) that was/were used in filming the Pilot
ii. Device operating system
iii. Video recording resolution
iv. Recorded format
v. Date(s) of filming
in accordance with the formats set out in Clause 19.
18. Completed Mobile entries can be submitted in one of two ways:
(a) Online
Entries can be submitted in the formats outlined in Clause 19 by way of uploading
on the Website, following the directions provided at the site.
(b) Mail/Delivery
Entries can be posted or hand delivered to:
OPTUS ONE80 PROJECT
MTV Networks Australia
4-16 Yurong St
EAST SYDNEY 2010 NSW
All entries submitted in this manner must be posted or delivered no later than
5pm Friday 13 January 2012, and posted entries must be post-marked no later
than Friday 13 January 2012 to be eligible.
19. In order to verify Mobile entries, Mobile Entrants will additionally be required to
record and keep:
(a) the original, unedited rushes of their Pilot along with the finished Pilot to
enable the Promoter to check the metadata of the footage against the
information provided in the Entry Form;
(b) footage of them using actual device (or devices) shooting the Pilot.
Successful entrants may be required to produce such footage as proof that their
entry was completed via mobile, and entrants unable to produce this footage may
be disqualified at the Promoter’s sole discretion.
20. All Mobile entries must be submitted in the following format:
Entry Element Format Required
Pilot No longer than 3 minutes (180 seconds) total
running time and no shorter than 1 minute (60
seconds) total running time.
VIDEO
- Codec H.264
- Frame rate 24, 25, or 30 FPS
- Data rate 2000 kbps (SD), 5000 kbps
(HD)
- Resolution 640x480 (SD), 1280x720
(HD)
- 640x480 for 4:3 SD video, 640x360
for 16:9 SD video, and 1280x720 or
1920x1080 for HD. If you have the
option to control the pixel aspect ratio
(not the display aspect ratio) make
sure it's set to "1:1" or "1.00",
sometimes referred to as "square
pixels."
- Deinterlacing Maybe
- If you are shooting on an older
camera, enable this option.
Otherwise, you may get weird-looking
horizontal lines in your video. With
newer camera models this won't
matter, so you can leave this option
unchecked.
AUDIO
- Codec AAC (Advanced Audio Codec)
- Data rate 320 kbps
- Sample rate 44.1 kHz
Note: Posted/delivered entries must be
delivered on DVD only
For uploaded entries: if selected as a Finalist,
entrants will also need to supply a Quicktime
data file (8-bit uncompressed) on DVD
Entry Form To be obtained online at Website
www.one80project.com.au
Synopsis Hard or electronic Word or PDF copy, to
accompany the Pilot
21. Mobile Entrants are not allowed to mix footage shot on a mobile phone with
footage shot on other video camera equipment. Notwithstanding this, General
entrants will not be prohibited from using mobile phone video recorders to shoot
parts of their entry.
22. Mobile Entrants are allowed to use multiple mobile phones, as long as each
phone and use thereof conforms to the entry requirements and these Terms and
Conditions.
23. Mobile Entrants must complete the “Mobile Entrant Declaration” on the Entry
Form confirming that all Mobile entry conditions have been met when submitting
their entry.
ENTRY DETAILS – GENERAL AND MOBILE
24. Each entry must be technically suitable for watching via the following platforms:
mobile phone, Internet, and television and meet the classification specifications
for content rated no higher than MA15+.
25. Each Entrant must nominate a writer and director for the Pilot on their Entry Form
(“Creative Team”). For the avoidance of doubt, the roles of writer and director
may be carried out by the same person.
26. Any person not listed as an Entrant in the Entry Form will be considered not to
have entered the Competition and will have no claim against the Promoter in
respect of any prize awarded in the Competition.
27. A selection of eligible General and Mobile entries (in part or whole) will be posted
on the Website during the Entry Period. These entries will be accessible by the
public. Entrants’ personal details (where these have not formed part of the Pilot
part of their entry) will not be made accessible to the public.
28. By entering the Competition, the Entrant consents to the Pilot being
communicated on the promotional website and mobile wapsite and used for
related press, PR or TV promotions, and warrants to have secured the consent of
all third parties involved in the Pilot for such promotional use.
29. All valid entries received before the closing date will be subject to a public vote or
comment based on the Entrant’s entry. Pilots will be rated according to a star
rating system, and this rating may be displayed publicly on the Website.
30. The Promoter reserves the right, in its absolute discretion, to disqualify any entry
which it considers depicts or encourages inappropriate, offensive or dangerous
behaviour of any kind, or where the Promoter reasonably believes that the Pilot
infringes another persons intellectual property rights.
PILOT REQUIREMENTS – FOR GENERAL AND MOBILE ENTRIES
31. The Pilot must be a completely original work made specifically for the
Competition, and may not be based on any previously published works including
without limitation films, television content, internet videos, books, blogs, websites
or other published material.
32. The Pilot must premiere as part of the Optus One80 Project.
33. All materials and intellectual property rights included in the entries must be
completely owned by the Entrant at the date of entry.
34. Each submitted Pilot must be for a program that fits the definition of ‘drama’ as
defined by the Australian Communications and Media Authority. For the purpose
of the Competition, ‘drama’ means:
A program that:
i) has a fully scripted screen play in which the dramatic elements of the
characters, theme and plot are introduced and developed to form a narrative
structure; or
ii) has a partially scripted screenplay in which the dramatic elements of
character, theme and plot are introduced and developed to form a narrative
structure and has actors delivering improvised dialogue that is based on a
script outline or outlines developed by a writer or writers; or
iii) has actors delivering improvised dialogue that is based on a script outline or
outlines, developed by a writer or writers, in which the dramatic elements of
the character, theme and plot are introduced and developed to form a
narrative structure; and
iv) includes a fully scripted sketch comedy program, animated drama or
dramatised documentary;
but does not include:
v) a program or a segment of a program, that involves the incidental use of
actors;
vi) an Australian children’s drama; or
vii) advertising or sponsorship matter (whether or not of a commercial kind).
35. The Pilot must be made by the Entrant or submitted with the express written
consent of the maker.
36. Entrants must have the right to produce programming based on the Pilot concept
and script.
37. If an entrant does not have sole and complete ownership over both the Pilot
concept and script, and the right to produce programming based on the Pilot
concept and script, their entry may be deemed invalid and may be disqualified.
38. An Entrant may not submit a Pilot as an entry which constitutes a breach of
another person’s privacy or an infringement of another person’s or another
company’s intellectual property rights including copyright or trade mark.
39. The Promoter may require evidence of any necessary licence of intellectual
property to be provided on request and reserves the right to disqualify any
Entrant who has not obtained the relevant permissions or licences.
40. Any music incorporated, synchronised or otherwise used in the Pilot, other than
the music made available by the Promoter, including without limitation theme
music, background music (whether diagetic or otherwise) and sound effects,
must be cleared for use in all media. It is the responsibility of the Entrant to
contract with the composer or owner of any musical work and sound recordings
included in the Pilot, to enable the proper communication of the Pilot, by the
Promoter, by way of all media. The Promoter may require evidence of any such
contract to be provided on request and reserves the right to disqualify any Entrant
who has not obtained the relevant permissions or licences.
41. By entering the Competition the Entrant warrants that the submitted Pilot and the
display of the Pilot on the Promoter’s Competition website does not constitute a
breach of another person’s privacy or an infringement of another person’s or
another company’s intellectual property including copyright or trade mark. Any
material (including all audio, visual or text) sent by Entrants may be used in any
media including without limitation online, via the Optus wapsite or on the
Promoter’s owned and operated television channels at the sole discretion of the
Promoter.
42. The Promoter accepts no responsibility for any lost or misdirected entries, or
entries not received for any reason by the Promoter during the Entry Period, or
any delays in the delivery of entries for any reason.
43. Any information, photographs, audio-visual or other material provided to the
Promoter by an Entrant as part of an entry to the Competition will not be returned
to Entrants. Entrants are advised to not send original material.
44. By submitting an entry the Entrants agrees that any tapes, files, disks, documents
or other physical items included with your entry become the property of the
Promoter and SingTel Optus Pty Limited (“Optus”) as tenants in common.
LICENCE
45. By submitting an entry into the Competition and in consideration for the
Promoter's review of the entry, each Entrant grants to the Promoter and Optus:
(a) an exclusive and worldwide licence to use the entry and the Pilot (including
all audio, visual or text) by way of any media, expiring on announcement of
the top ten finalists (meaning, for the avoidance of doubt, that entrants
cannot use their entry or the Pilot (including any materials embodied within
this) for any purpose other than entering the Optus One80 Project from the
time the entry is submitted up to and including the announcement of the
Finalists, subject to this Clause 44);
(b) where the Entrant is not announced as a Finalist, a non-exclusive and
worldwide licence to use the entry (including all audio, visual or text) by way
of any media beginning on the announcement of the Finalists and continuing
for five years from the closing date for entries for any purpose;
(c) where the Entrant is announced as a Finalist, an exclusive licence
beginning on the announcement of the Finalists and expiring on the
announcement of the Major Prize Winners, becoming a non-exclusive and
worldwide licence to use the entry (including all audio, visual or text) by way
of any media beginning on the announcement of the Finalists and continuing
for five years from the closing date for entries for any purpose (where that
Finalist is not the Judge’s Choice prize winner);
(d) where the Finalist is announced as the Judge’s Choice prize winner, an
exclusive and worldwide licence to use the entry and the Pilot (including all
audio, visual or text) by way of any media up to the date of execution of the
Production Agreement (as that term is defined in Clause 67); and
(e) for all Entrants, a non-exclusive and worldwide licence to use the entry
(including all audio, visual or text) by way of any media in perpetuity solely for
the purposes of promoting the Optus One80 Project.
For the avoidance of doubt, use of the entry may include, but is not limited to,
publishing, performing in public, communicating in public and adapting the entry.
46. To the extent permitted by the law, the Entrant consents to the Promoter and
Optus doing any act or omitting to do any act (including without limitation editing
or adapting the entry) in respect of an entry that but for this consent would be an
infringement of the Entrant’s moral rights in the entry. The Entrant also agrees to
execute any document necessary to give effect to that consent for all participants
in the entry, whether crew or performer.
ENTRANT WARRANTIES
47. By submitting an entry each Entrant warrants that:
(a) it is the maker of the Pilot or has obtained express consent from the
maker to submit the Pilot into the Competition;
(b) it has sole ownership of the Pilot concept and script and that it has the
right to produce programming based on the Pilot concept and script;
(c) it has obtained from all persons appearing in the Pilot, express consent
to the submission of the Pilot as part of an entry into the Competition;
(d) it has obtained from all composers and copyright owners of any music
included in the Pilot, express consent to the submission of the Pilot as
part of an entry into the Competition;
(e) where applicable, it has obtained from all third parties involved in the
Pilot all of relevant moral rights consents associated with the submission
of the Pilot as part of an entry into the Competition;
(f) its entry does not breach any intellectual property rights of a third party;
(g) if any subject(s) appearing in the Pilot is/are aged 18 years or younger,
that it has obtained the express consent of that subject’s parent or
guardian for the subject’s image to be displayed on the Competition
website; and
(h) it understands that a feature of the Competition includes a mobile wap
site and that all Competition entries may be accessible via mobile phone.
FINALISTS
48. At the end of the Entry Period, the General entries will be submitted to a panel of
judges selected by the Promoter.
49. The General entries will be assessed against these Terms and Conditions, and
the ten (10) entries deemed the most creative will be declared the Finalists (the
“Finalists”).
50. The Finalists will be announced no later than 24 January 2012.
51. In order to be eligible for the prizes as set out Clause 62 each Finalist must:
(a) be available for discussions with the Promoter and Optus between 14
January 2012 and 24 January 2012;
(b) agree to their Pilot being made available to general public for voting on the
Website during the Voting Period
(c) agree to their Pilot being shown at the OPTUS ONE80PROJECT event
(“Event”) to be held no later than 6 April 2012;
(d) agree to participate in promotional events surrounding the Event;
(e) enter into an agreement with the Promoter outlining the behaviour expected
by each Finalist during the Voting Period;
(f) sign a release warranting that they own or control all necessary rights in the
Pilot necessary to allow the Promoter to exercise the rights referred to in
these Terms and Conditions;
(g) where required, provide evidence that they hold sole and complete
ownership of the Pilot concept and script and/or evidence that the Finalist has
the right to produce programming based on the Pilot concept and script.; and
(h) acknowledge that they have read and understood the terms applicable to the
Judges Choice Winner, outlined in Clauses 66-76.
52. If an entrant is unwilling or unable to agree to the terms set out in the above
Clause 50, they may be deemed ineligible to be a Finalist in the Competition and
another Finalist may be selected in their place. Such a decision will be at the
Promoter’s sole discretion.
53. Mobile entries will not be eligible for selection as a Finalist and will be judged
independently from all other General entries.
MAJOR PRIZE WINNERS
54. There will be two (2) major prize winners (“Major Prize Winners”) for the
competition:
(a) Judges’ Choice Award Winner
(b) Peoples Choice Award Winner
55. There will be two (2) award winners (“Award Winners”) for the competition:
(a) Student Incentive Award Winner
(b) Mobile Award Winner
56. For the avoidance of doubt, each Finalist will be eligible to be declared Major
Prize Winner for multiple categories, that is, they may win more than one of the
two major prizes, up to two major prizes, and where the relevant eligibility criteria
is met, may also qualify for the Student Incentive Award
57. Mobile entries will not be eligible for selection as a Major Prize Winner and the
winner of the Mobile Award will be judged independently from all other General
entries.
58. No later than 6 April 2012, the Major Prize Winners will be selected as follows:
(a) Judges’ Choice Award Winner
The Pilots and treatments submitted as part of Finalists’ entries will be judged by
a panel of judges selected by the Promoter, and based on the quality and
creativity of the Pilot and treatment elements of the entry (equal weighting to
each criteria – higher is better), one (1) winner will be awarded the Judges’
Choice Award (“Judges’ Choice Winner”);
(b) People’s Choice Winner
The number of votes received by the Finalists’ Pilots during the Voting Period will
be tallied, and the Finalist who submitted the General entry Pilot that received the
highest number of votes from the general public will be awarded the People’s
Choice Award (“the People’s Choice Winner”).
In determining the People’s Choice Winner, if there is more than one General
entry Pilot with the same highest number of votes received from the general
public, those tied entries will be judged by the panel of judges and the People’s
Choice Winner will be the Entrant who submitted the tied Pilot that is judged to
have the highest quality and creativity (equal weighting to each criteria – higher is
better).
59. The Award winners will be selected as follows:
(a) Student Incentive Award Winner
The panel of judges appointed by the Promoter will also select the Pilot judged to
have the highest quality and creativity entered by an Entrant who, as at the
commencement of the Competition, is enrolled as a full time student in an
Australian high school or Australian tertiary institution (“Student”) to win the prize
created for student filmmakers (“Student Incentive Award”).
(b) Mobile Winner
A final award will be awarded to a Mobile entry based on the quality and creativity
of their entry, provided their entry meets the Mobile entry criteria set out in
Clauses 16-22.
PRIZES
60. The Promoter reserves the right, in its sole discretion, to award prizes that are
additional to the prizes outlined in Clause 63 (the “Prize Table”). Any information
regarding additional prizes will be made available on the Website.
61. The Major Prize Winners and Award Winners will be eligible for the prizes as set
out in each of the respective Prize sections in the Prize Table.
62. The Competition’s Major Prize Winners and Award Winners will be announced no
later than 6 April 2012.
63. The Prizes for the competition are as follows:
Category Prize
Judge’s Choice Winner $10,000 AUD cash
plus
$180,000 AUD (including GST) for the
production of a program based on the
Pilot, subject to these terms and
conditions
People’s Choice Winner $10,000 AUD cash
Student Film Maker Award $5,000 AUD cash
Mobile Award $5,000 AUD cash
64. Total Prize Pool (“Prize Pool”) value as at 13 October 2011 is $210,000 AUD.
65. The Promoter at its sole discretion may require the winner of the Student
Incentive Award to provide proof of current full-time enrolment in a high school or
tertiary institution as at the commencement of the Competition. If the Student
does not provide evidence of enrolment to the Promoter within five business days
of the Promoter requesting this evidence, the Promoter may in its sole discretion,
revoke the award from the original winner of the Student Incentive Award and
grant the Student Incentive Award to another Student who satisfies the eligibility
criteria for this particular award.
66. The Promoter at its sole discretion may require the winner of the Mobile Award to
provide proof that the Pilot was created by mobile phone only, including metadata
for the entry and video footage of the Entrant using the device listed in their Entry
Form. If the winner does not provide evidence of this nature to the Promoter
within five business days of the Promoter requesting this evidence, the Promoter
may in its sole discretion, revoke the award from the original winner of the Mobile
Award and grant the Mobile Award to another Mobile Entrant who satisfies the
eligibility criteria for this particular award.
JUDGE’S CHOICE WINNER – ONE 80 PILOT PRODUCTION
67. The Judges’ Choice Winner will be required to produce a 60 commercial minute
television program based on the Pilot (“Program”). For the avoidance of doubt,
they will be required to use the $180,000 funding (provided as part of their prize)
as the production budget for Program.
68. The Judges’ Choice Winner must enter into a production agreement for the
production of the Program (“Production Agreement”) with the Promoter no later
than two (2) months after the announcement of the Judges’ Choice Winner,
which will include, amongst other terms, the assignment of rights outlined in
Clause 68. If the parties are unable to agree on the terms of the Production
Agreement within this time frame, the Promoter at its sole discretion may revoke
the prizes awarded to the first Judges’ Choice Winner and re-award those prizes
and the title of the Judges’ Choice Winner to another Finalist.
69. It is a condition of being selected as the Judge’s Choice Winner that all right and
title in the winning Finalist’s Pilot and the Program (including without limitation all
underlying and ancillary rights, including merchandising and remake, spin off and
sequel rights) must be assigned by the winning Finalist and their Creative Team
to the Promoter, to hold in perpetuity. If a Finalist is unwilling or unable to assign
such rights, they will be ineligible to receive the Judge’s Choice Prize and the title
of the Judges’ Choice Winner will be awarded to another Finalist.
70. If the Creative Team nominated in the Judges’ Choice Winner’s Entry Form
ceases to be able to work together for whatever reason, the Promoter at its sole
discretion may revoke the prizes awarded to the first Judges’ Choice Winner and
re-award those prizes and the title of the Judges’ Choice Winner to another
Finalist
71. The Judges’ Choice Winner must commence production of the final production as
soon as possible after execution of the Production Agreement, and in any event
no later than two (2) months after the date of execution of the Production
Agreement.
72. The Promoter must be satisfied that the Judge’s Choice Winner will complete
final production in accordance with the prize set out in the Prize Table within 6
months of execution of the Production Agreement.
73. If either of the criteria outlined in Clause 70 and 71 is not satisfied by the Judges’
Choice Winner or the Promoter reasonably believes that the Judges’ Choice
Winner will be unable to satisfy these criteria, the Promoter at its sole discretion
may revoke the prizes awarded to the first Judges’ Choice Winner and re-award
those prizes and the title of the Judges’ Choice Winner to another Finalist.
74. The Promoter may, at its sole discretion, require the Judges’ Choice Winner to
appoint a script editor (as that term is used in the film and television industry), to
be paid for out of the production budget by the Judges’ Choice Winner, to assist
in the editing of the final production script.
75. The Promoter may, at its sole discretion, require the Judges’ Choice Winner to
appoint a production company (as that term is used in the film and television
industry), to be paid for out of the production budget by the Judges’ Choice
Winner, to produce the Program.
76. The Promoter may, at its sole discretion, require the Judges’ Choice Winner to
incorporate their production team as a proprietary limited company (at their own
expense) for the purposes of producing the Program and entering into the
Production Agreement.
77. For the avoidance of doubt, the Judges’ Choice Winner will be required to seek
their own independent legal and financial advice with regards to the Production
Agreement and the production of the Program.
GENERAL CONDITIONS
78. The Promoters decisions and the judges' decisions are final and no
correspondence will be entered into.
79. The Promoter will not be responsible for any change in the value of a prize. The
Promoter and its associated agencies and companies accept no responsibility for
prizes damaged or lost in transit.
80. Finalists will be notified via phone call and by mail within 5 business days of their
selection. Finalists will not be announced publicly until all Finalists have been
contacted and have agreed to the terms outlined in Clause 50.
81. Major Prize Winners will be notified via phone call and by mail within 5 business
days of the announcement of winners, and in any event no later than 6 April
2012.
82. All prizes are non-transferable and cannot be exchanged for cash.
83. To the fullest extent permitted by law, the Promoter and its related bodies
corporate shall not be liable for any loss, damage or injury suffered or sustained
(including but not limited to direct or consequential loss or loss arising from
negligence arising directly or indirectly out of or in connection with the
Competition or any prize offered under it.
84. If a prize (or part of a prize) is unavailable for any reason, the Promoter will, in its
absolute discretion, substitute alternative goods or services of no lesser retail
value and/or specification. The Promoter accepts no other liability or
responsibility for any loss incurred by a winner or any other party if a prize (or
part of a prize) is unavailable for any reason.
85. Where applicable, winners should look to the prize manufacturer should they
seek to enforce any manufacturer’s warranties relating to the prize. However,
nothing in these Terms and Conditions attempts to exclude or limit the application
of any statutory warranty under the Competition and Consumer Act 2010 where
to do so would contravene that statute or cause any part of these Terms and
Conditions to be void.
86. In the event of war, terrorism, state of emergency or disaster, the Promoter
reserves the right to cancel, terminate, modify or suspend the Competition at its
discretion.
87. The Promoter and its related bodies assumes no responsibility for, and the
Entrant releases the Promoter from responsibility for, any failure to receive an
entry or for inaccurate information or for any loss, claim, damage or injury to
person or property (including computer systems and servers) as a result of the
Entrant's participation in the Competition or the conduct of the Competition
generally or as a direct or indirect result of an Entrant's error, any technical
problem of any kind including communications or network failure, unauthorized
access to, transferring or theft of data, whether caused by the Entrant or
associated with the equipment or programming used in the conduct of the
Competition. If, because of any such problem, this promotion is not able to be
conducted as planned and/or the promotion's administration, security, fairness or
integrity are compromised or affected, the Promoter may cancel, terminate,
modify or suspend the promotion and/or disqualify any Entrant involved in
interfering or tampering with the conduct of the Competition in any way.
88. Any costs associated with entering the Competition and accessing the Website
are the responsibility of the Entrant. Any contact details entered incorrectly in an
entry or on the Website shall be deemed invalid. All entries are deemed to be
received at the time of receipt by the Promoter NOT the time of sending by the
Entrant.
89. By entering the Competition, unless otherwise advised by the Entrant, each
Entrant consents to the information they submit with their entry being entered into
a database. All personal details of the Entrants provided by entering the
Competition will be stored at the office of the Promoter. A request to access,
update or correct any information should be directed to that office. See
www.mtv.com.au to view the Promoter’s privacy policy in full. The Promoter and
Optus will only use your personal details for marketing purposes in the future if
you "opt in" to receiving marketing updates when prompted. . Entrants’ personal
details will be added to the One80 Project database only, and will not be
transferred into any other MTV or Optus databases.
90. These Terms and Conditions are to be construed according to the laws of New
South Wales, Australia and are subject to the non-exclusive jurisdiction of the
courts of that State.