Wiggles- become the fifth wiggle

[catluck]

www.5thwiggle.com

Become the fifth wiggle, live on stage in your home city.




OFFICIAL RULES OF THE COMPETITION
NO PAYMENT OR PURCHASE IS REQUIRED TO ENTER THE COMPETITION.

SUBMISSION VIA YOUTUBE AND A YOUTUBE ACCOUNT IS REQUIRED.

EACH ENTRANT MUST BE OVER 18 YEARS OF AGE AND AGREE TO THESE OFFICIAL RULES OF THE COMPETITION.

ENTRIES ARE ONLY OPEN TO AUSTRALIA ONLY

1. ELIGIBILITY.
The Wiggles’ 5th Wiggle Competition (the “Competition”) is sponsored by The Wiggles International Pty Ltd. (the “Sponsor”).  The Competition is open only to legal residents of Australia who are at least eighteen (18) years old at the time of Submission (“Entrant”).  Entrant must have an account with Youtube (www.youtube.com) (the “Website”) in order to participate. Youtube is not a sponsor of the Competition and and has no responsibility or liability regarding the conduct or administration of the Competition.  Employees, officers and directors of Sponsor and Youtube and their respective employees, officers, directors, subsidiaries, affiliates, advertising and promotional agencies, and their immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.  The Competition, and any website pages and advertisements relating thereto, is intended for viewing only within the jurisdictions where the Competition is offered.

2. SUBMISSION PERIODS. 
The Competition Submission period is open from 12:01 a.m. (all times are Australian Eastern Daylight Saving Time) August 30th, 2011 until 11:59 p.m. on December 5th, 2011 (the “Submission Period”) with each particular city for which a prize can be allocated having a unique deadline date, as detailed in Schedule 1 “Applicable Concert Deadline Date”. All entries must be received during this Submission Period and by the Applicable Concert Deadline Date to be eligible to win a prize.  Proof of submission is not deemed to be proof of receipt of the Submission.

3. SUBMISSION AND SUBMISSION 
a) Visit http://www.youtube.com/thewiggles, to complete the YouTube member sign-in and fully complete the steps to upload the video, and click on the “submit” button to complete the Submission process.  All entries must be submitted by the Applicable Concert Deadline Date.  Entrants attempting to upload a video will be required to agree to the Official Rules and Terms and Conditions of Submission by affirmatively clicking an “I AGREE” button to confirm their agreement prior to uploading a video.  By submitting a video, each Entrant expressly accepts and, to be eligible for a prize, must comply with, these Terms and Conditions of Submission (the “Official Rules”).  Entrants must read these Official Rules carefully and accept them prior to uploading a video.  Please read them prior to creating a video for submission into the Competition.

b) In the event that a video does not comply with any of the terms of these Official Rules, as determined by the Sponsor in its sole discretion, such video Submission will be void. All entries (hereafter referred to as “Submission”) must adhere to the YouTube Terms of Service located at http://www.youtube.com/t/terms and the YouTube Community Guidelines, located at http://www.youtube.com/t/community_guidelines.  Additionally, all Entries must adhere to the following requirements:

1.Include a performance of the Entrant singing to the Wiggles track “Fruit Salad” (the “Track”);
2.The Submission must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity apart from the Track;
3.Must be in one of the following formats: .avi, .mov, .mpg, .mp4, mpeg or .wmv.;
4.Your Submission shall not exceed three (3) minutes in duration. Entries longer than three minutes may not be reviewed by the judges or considered for the prize, at Sponsor’s sole discretion;
5.In the event that there are multiple participants in Your Submission, you must, in the reasonable opinion of the Sponsor, clearly identify the individual who is submitting the Submission;
6.It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Competition;
7.It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulations the laws or regulations in any state where video is created. Specifically, it must not contain any music other than the Track;
8.It must not contain any content, material or element that displays any third party advertising, slogan, logo, and trademark or otherwise indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the , as determined by Sponsor in its sole discretion;
9.It cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights;
10.Entrant has not engaged anyone appearing in or associated with the Submission under any union or guild agreement that would result in any ongoing obligations resulting from the exploitation of the Submission; and
viii) You are over the age of 18. Note that while children may appear in the Submission, they will not be permitted to participate in the Performance [as outlined at 5b)].

c) At the time you upload a Video you will be asked to select a City and Concert Date (from the list outlined at Schedule 1.) that would be your preferred location and day/time in the event that you win a prize. There is a limit of one Submission per person per day. Note that each Submission must be unique. The Sponsor, in its sole discretion, may (but has no obligation to) accept a technically incorrectly formatted Submission.

d) As per the instructions on the Website, each Video submission must be appropriately correlated to the Competition. The Sponsor will not be held responsible for any inappropriate or misguided content.

e) Each Submission and the related submissions must be in line with the Sponsor’s positive image and may not be offensive or unsuitable, as determined by Sponsor in its sole discretion. The Sponsor reserves the right, in its sole discretion, to disqualify any Submission which it deems, in any way, to be offensive, inappropriate or that is not in line with the Sponsor’s positive image. Any submission that does not comply with any aspect of these Official Rules may be rejected by Sponsor and the entrant may be disqualified at any time.

f) Each Entrant agrees that the Sponsor and its successors, assigns, licensees and designees shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit Entrant’s Submission (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any Submission (or any part thereof) or information or ideas contained within any Submission, all without further payment, consideration, attribution, notice or consent. The Sponsor shall have no obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. Sponsor reserves to right to edit, modify, or abridge any such Submission for any reason.

g) All Entrants and their entries are subject to verification by the Sponsor. The Sponsor reserves the right to conduct a background check, including but not limited to a National Police Check (http://www.afp.gov.au/what-we-do/police-checks/national-police-checks.aspx) on any or all Entrants, and the Sponsor reserves the right, in its sole discretion, to disqualify any Entrant based on such background check if Sponsor determines that awarding a prize to any such individual might negatively affect the Sponsor. At all times, the Entrants will cooperate with the Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, signing and delivering background check authorisations in the form(s) provided by the Sponsor.

h) Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from the Competition at the Sponsor's sole discretion. In the event of a dispute over the identity of any Entrant, the Sponsor will deem the Submission submitted by the authorized account holder of the e-mail address associated with the Youtube account of the Submission, which the Entrant will have the obligation to establish to the Sponsor’s satisfaction. An authorized account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an Submission cannot be resolved to the Sponsor's absolute satisfaction, the affected Submission will be deemed ineligible. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.

i) The Track may be downloaded at http://www.youtube.com/thewiggles. Use of the Track in your Submission is authorised for the purposes of this Competition only. You are not permitted to licence, assign, make commercial use of, circulate, modify or repurpose the Track without permission from the Sponsor. The Sponsor maintains all right, title and interest in the Track.

4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. 
By participating in the Competition, each Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules of Competition and accepts that all decisions made by the Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of Entrants and the winner, and the awarding of the prize), shall be final and binding in all respects.

5. PRIZE
A winner will be selected from each applicable City as listed at Schedule 1 according to the Judging and Notification as outlined below. There are a total of 23 major prizes, and each prize includes the following:

1.A family pass to attend the corresponding City on your nominated Concert Date as listed at Schedule 1 (the “Tickets”); and
2.Invitation for the Entrant to come onto stage at a time nominated by the Sponsor to participate in the performance of The Wiggles’ hit song “Fruit Salad” as the fifth Wiggle (the “Performance”).
The Tickets and Performance are collectively known as a “Prize”.

6. PRIZE RESTRICTIONS
Winners are solely responsible for any and all expenses (e.g., including, without limitation, travel, accommodation, ground transportation, meals, souvenirs, insurance, all federal, state & local taxes and any and all other costs & expenses associated with prize acceptance & use).   If the Prize winner is unavailable on the applicable Concert Date, he/she may be disqualified and the prize forfeited. At no time during the Concert attendance can an Entrant leave a child or minor unaccompanied. Further, no child or minor will be permitted on stage during the Performance.

Prizes are non-transferable and non-assignable, and are not refundable, and must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Prize shall have no redeemable cash value. No cash or other substitution may be made.

7. JUDGING
a) Subject to these Official Rules, within seven (7) business days following the Applicable Concert Deadline Date, those applicable entries will be judged by a panel of qualified independent judges (“Judges”) selected by the Sponsor, whose decisions will be final and binding in all matters relating to this Competition, will judge each Submission based on the following criteria:

1.Number of votes your receive from friends (30%)
2.Ability to perform the song (35%)
3.Originality (15%)
4.Production quality (10%)
5.Appropriateness to Competition theme (10%)
 

In the event of a tie, the Submission with the highest score for point “iii)” will be considered a finalist.

8. PEER VOTING
Anyone may vote (“Voter”) for an Submission by using the “Thumbs Up” or “Thumbs Down” mechanism on http://www.youtube.com/thewiggles. Note that using the “Like” mechanism does not qualify as a vote. Any votes generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void. Votes may not be obtained by proxy or any other fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by the Sponsor in its sole discretion. Voters may vote once per video per day per method of submission.

9. BACKGROUND CHECK
The sponsor reserves the right to conduct a background check of any and all records of any winner, including without limitation, National Police Check (http://www.afp.gov.au/what-we-do/police-checks/national-police-checks.aspx). To the extent necessary under law, winner shall authorize this background check. Winner will be obligated to provide necessary contacts and information so that the Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify a winner based on the background check, and select an alternate.

10. NOTIFICATION
a) Subject to the background check, each of the twenty-three (23) winners in the Competition will be notified using the Youtube “message” feature for the user account that posted the Submission. Sponsor shall not be liable for failed, returned or misdirected notifications, or notifications which otherwise cannot be sent by Sponsor or received by the finalist. Each winner will have twenty-four (24) hours from the time of first notification as set forth above to respond, as directed in the notification. A non-response by a finalist or non-receipt of notification response after the specified twenty-four (24) hours will be considered forfeiture and an alternate finalist may be selected from the next highest rated video. It is an Entrant’s responsibility to timely set his/her Youtube account settings to accept contacts by Sponsor and to timely check his/her account for such messages. If an Entrant is found to be ineligible for any reason in the sole and absolute discretion of Sponsor, an alternate winner may also be selected from the applicable pool of eligible entries. A potential alternate winner will be notified and must respond to the notification as provided above; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Competition schedule, and due to such schedule and timing, Sponsor may be unable to award the applicable prize.

b) Winners will be required to sign a publicity release, in order to claiming a Prize listed 5b). If any finalist fails to sign the Publicity Release, or if the finalist is found to be ineligible, or if the finalist does not comply with these Rules of The Competition, then the finalist may be disqualified and a runner-up will be determined by Sponsor. In such event, the runner-up winner will be notified by Sponsor as described above and will be required to return the required documents to Sponsor as described above, however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Competition schedule, and due to such schedule and timing, Sponsor may be unable to award the prize. Sponsor is not responsible for the failure of a winner to receive the required documents for any reason, or for the inability of such finalist to return the required documents for any reason. Upon prize forfeiture, no compensation will be given.

11. GENERAL CONDITIONS 
The Sponsor reserves the right, in its sole direction, to terminate, modify or suspend the Competition if, in the Sponsor’s sole opinion, there is any suspected or actual evidence of tampering with any part of the Competition, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition.  The Sponsor is not responsible for any changes or unavailability of the Youtube service that may interfere with the Competition (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Service for the Competition as set forth herein that are not acceptable to Sponsor) or ability of a Entrant to timely enter, receive notices or communicate with the Sponsor, in which case the Sponsor, in its sole discretion, may terminate the Competition.  The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Submission process or to be acting in violation of these Official Rules of Competition or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Competition is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules of Competition shall not constitute a waiver of that provision or any other provision of these Official Rules of Competition.

12. RELEASE
By entering the Competition, each Entrant irrevocably releases, in perpetuity, and holds harmless the Sponsor and their respective parents, subsidiaries, affiliates, agents, and all of the respective employees, directors, and agents of the foregoing from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Entrant’s participation and/or Submission in the Competition and/or Entrant’s award, receipt or use of any prize awarded in the Competition.

13. PUBLICITY
Except where prohibited by law, participation in the Competition constitutes Entrant’s consent to the Sponsor’s (and its designees’, successors’ and assigns’) use of Entrant’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.

14. EMAIL CHANGE OF ADDRESS POLICY
It is the sole responsibility of the Entrant to keep his or her YouTube account including associated email address updated.

15. LIMITATIONS OF LIABILITY 
The Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Submission information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service (including, without limitation, the Youtube service); (d) unauthorized intervention in any part of the Submission process or the Competition; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Competition or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Competition (including, without limitation, from use of the Youtube service), or from viewing, playing or downloading any material from the Sponsor’s or Youtube’s website(s), regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected to the Sponsor’s website by a hypertext link.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Youtube.  By entering the Competition you agree to release Youtube from any and all claims or liability associated with the Competition.  You understand that, to the extent you provide any information for the Competition, you are providing your information to Sponsor and not to Youtube.  The information you provide will only be used for marketing purposes of Sponsor.

16. DISPUTES
Except where prohibited, each Entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by New South Wales law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated in New South Wales, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased

17. OFFICIAL RULES & WINNERS
These Official Rules of Competition are available at www.youtube.com/thewiggles. From September 29, 2011, you can obtain the first name and state of the prize winners by visiting http://www.youtube.com/thewiggles and referring to the Winners tab. Not all Winners will be available from September 29, 2011. The Winners tab will be updated as more winners are announced. The final winner will be announced via http://www.youtube.com/thewiggles by no later than December 19, 2011.

18. SPONSOR
The Competition is sponsored by The Wiggles International Pty Ltd [A.B.N. 90 105 244 620] of P.O. Box 7873, Baulkham Hills NSW 2153, Australia.

19. PERSONAL DATA
Personal information collected from Entrants will be used in accordance with the Wiggles Privacy Policy located online at http://www.thewiggles.com.au/legal/privacy.asp and in addition as otherwise set out in these Official Rules for the purpose of administering this Competition. Each Entrant expressly agrees to the use of his/her person information for such purpose. Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless Entrant has given his prior express consent to receive additional information from Sponsor or a third party. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with the Wiggles Privacy Policy and these Official Rules in respect of such transfer. By entering the Competition, Entrants expressly agree to such transfer.

 

Schedule 1

City
 Show Date
 Video Audition Submission Date
 
Mandurah
 2-Oct
 5-Sep
 
Perth, WA
 7-Oct
 10-Sep
 
Adelaide, SA
 14-Oct
 17-Sep
 
Wodonga
 19-Oct
 22-Sep
 
Sunshine Coast, QLD
 23-Oct
 26-Sep
 
Toowoomba, QLD
 26-Oct
 29-Sep
 
Gold Coast QLD
 30-Oct
 3-Oct
 
Maryborough
 1-Nov
 5-Oct
 
Bundaberg
 3-Nov
 7-Oct
 
Rockhampton, QLD
 6-Nov
 10-Oct
 
Mackay, QLD
 8-Nov
 12-Oct
 
Cairns, QLD
 11-Nov
 15-Oct
 
Townsville, QLD
 12-Nov
 16-Oct
 
Tamworth, NSW
 21-Nov
 25-Oct
 
Mudgee NSW
 22-Nov
 26-Oct
 
Dubbo NSW
 23-Nov
 27-Oct
 
Canberra, ACT
 27-Nov
 31-Oct
 
Melbourne, VIC
 4-Dec
 7-Nov
 
Wollongong, NSW
 7-Dec
 10-Nov
 
Brisbane, QLD
 10-Dec
 13-Nov
 
Newcastle, NSW
 13-Dec
 16-Nov
 
Sydney (Castle Hill), NSW
 17-Dec
 20-Nov
 
Sydney (Moore Park), NSW
 22-Dec
 25-Nov
 



 

CONTEST TERMS AND CONDITIONS OF SUBMISSION

PLEASE REVIEW THESE TERMS AND CONDITIONS OF SUBMISSION (THE “AGREEMENT”) CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT.  THESE TERMS AND CONDITIONS OF SUBMISSION GOVERN ALL VIDEO SUBMISSIONS IN CONNECTION WITH THE CONTEST (THE “CONTEST”).

As used herein, the term “Video Submission” means any and all videos Entrant submits in connection with the Competition.

1. ELIGIBILITY: Entrant represents that he/she is a legal resident of Australia and at least 18 years old at the time of Submission.

2. ORIGINALITY: Entrant represents and warrants that (i) the entire Video Submission is an original work by you and you have not copied or used other works or other third party materials in your Video Submission, including any music, or any photographs or footage owned by third parties (with the exclusion of the Wiggles music track “Fruit Salad”); (ii) the Video Submission will not infringe or violate any rights of any person or entity including, without limitation, any copyright, trademark, patent, privacy or publicity, or contractual rights,  or constitute idea misappropriation; and (iii) Entrant has all the rights, permissions and consents necessary to submit the Video Submission in accordance with this Agreement and for  use of the Video Submission by The Wiggles International Pty Ltd (“Sponsor”) in all means and media (including, but not limited to, consent from each individual participating or appearing in the Video Submission).  Entrant further represents and warrants that anyone engaged by you to participate or appear in the Video Submission (x) has no claims for payment of any kind; (y) has no approval or consultation rights or any rights of participation; and (z) was not engaged by you or anyone associated with the Video Submission under any union or guild agreement that would result in any ongoing obligations resulting from the exploitation of the Video Submission.  Upon request, Entrant will provide the Sponsor with signed releases as it may deem necessary in its sole discretion.  Entrant further represents and warrants that the Video Submission does not violate any federal, state or local law or regulation.

3. NO PAYMENT FOR VIDEO SUBMISSION: Entrant understands that he/she will not be paid any money for submitting the Video Submission or for agreeing to the terms set forth in this Agreement.

4. RIGHTS GRANTED: By submitting a Video Submission, Entrant hereby irrevocably grants the Sponsor, its parent, subsidiary and affiliated companies, and each of their respective licensees, distributors, agents, representatives and other authorized users including, without limitation, advertisers/sponsors directly associated with the Contest (collectively, the “Licensed Entities”), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Video Submission, in whole or in part (including, without limitation, all names, voices and likenesses contained in the Video Submission), in all means and media now known or hereafter devised, for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to Entrant or to any third party and with or without attribution.  Nothing in this Agreement obligates or may be deemed to obligate any of the Licensed Entities to use the Video Submission.  Entrant acknowledges that the Video Submission may be cut, edited and/or added to for any reason and in any manner which the Licensed Entities may, in their sole discretion, determine and may, to the extent decided by the Licensed Entities in their sole discretion, have sound effects, music, host voiceovers and/or other elements added to the Video Submission, and that the Licensed Entities may use and modify the Video Submission or any portion or element of it and combine it with other materials.  Entrant further acknowledge that the consideration for entering into this Agreement is, among other things, THE SPONSOR’s or its designees’ review of the Video Submission in connection with the Contest, the possibility of the Video Submission being aired on one or more of THE SPONSOR’s (or THE SPONSOR’s affiliates’) media platforms and the possible publicity and promotion as a result.  Entrant is not guaranteed to receive any further consideration of any kind for the Video Submission and any credit received in connection with any of the Licensed Entities’ use of the Video Submission shall be in the applicable Licensed Entity’s sole discretion.  Entrant acknowledges that the Video Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between THE SPONSOR and Entrant or between any of the Licensed Entities and Entrant by virtue of the submission of the Video Submission.  Entrant further acknowledges that THE SPONSOR or the Licensed Entities may develop information internally or receive information from other parties that is similar to the Video Submission.  Accordingly, nothing in this Agreement shall be construed as a representation or agreement that THE SPONSOR and the Licensed Entities have not or will not develop or have developed ideas, concepts, products, systems or techniques that are similar to or compete with any ideas, concepts, products, systems or techniques contemplated by or embodied in the Video Submission.  Entrant further acknowledges that in the event of a breach of this Agreement by THE SPONSOR or any third party including any of the Licensed Entities, the damage, if any, caused to Entrant will not entitle Entrant to seek injunctive relief or other equitable relief, and Entrant will not have the right to enjoin the production, exhibition, distribution or any other exploitation of the Video Submission by any Licensed Entity.

5. GENERAL: This Agreement cannot be modified or waived except in writing signed by the party to be charged.  The terms of this Agreement and its performance will be binding on the Entrant and his/her administrators, successors and assigns.  If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent permitted by law, and the other provisions of the Agreement shall remain in full force and effect.  Entrant may not assign his/her rights under this Agreement without THE SPONSOR’s prior written consent; any unauthorized assignment will be null and void.  The Licensed Entities shall have the unlimited right to assign this Agreement and the rights granted by Entrant under this Agreement at any time, in whole or in part, to any person or entity.  The construction, validity, interpretation and enforceability of this Agreement will be governed by and construed in accordance with the laws of New South Wales and the laws of Australia without giving effect to any choice of law or conflicts of law rules.  Any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts situated in New South Wales.  Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action.

ENTRANT ACKNOWLEDGES AND AGREES THAT HE/SHE HAS READ THIS AGREEMENT AND UNDERSTAND HIS/HER OBLIGATIONS HEREUNDER, THE RIGHTS THAT HE/SHE IS GRANTING HEREIN AND THE REPRESENTATIONS AND WARRANTIES HE/SHE HAS MADE IN THIS AGREEMENT.