https://www.facebook.com/SEEK/app_201143516562748“SEEK HERE, THERE OR ANYWHERE” AUSTRALIA PROMOTION
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 18 years or over. Individuals must have a Facebook account in order to access the promotional page.
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Promotion commences at 12noon AEDST on 12/10/2012 and
ends at 12:00noon AEDST on 02/11/2012 (“Promotional Period”).
To enter, individuals must complete the following steps during the Promotional Period:
I.
Create a short original video (no longer than 30 seconds) showing a surprising location and/or situation where they could search for a job using the SEEK Jobs App (“Entry Video”). The entrant must ensure that they have permission to film in their chosen location and that the filming is done under safe conditions and does not breach any law. The entrant must also ensure that every person featured in the Entry Video, and the owner of any items or pets shown in the Entry Video, consents to their inclusion and agrees to the possible uses of the Video Entry outlined in these Terms and Conditions;
AND
II.
Upload the Video Entry to the YouTube platform (youtube.com) and ensure that their settings allow: (a) for the Promoter to be able to access the Video Entry via the link provided in accordance with step III below; and (b) that their settings allow for their Entry Video to be imbedded on the Facebook Page (and elsewhere if so required by the Promoter). Individuals must create/have a YouTube account to be able to upload to the YouTube platform. Individuals must ensure that they, their account and their Entry Video comply with the YouTube Terms of Service available at
http://www.youtube.com/t/terms and the YouTube
Community Guidelines available at
http://www.youtube.com/t/community_guidelines. Non compliance with these terms and guidelines may result in disqualification of the entrant at the Promoter’s absolute discretion:
AND
III. Visit the Australian SEEK Facebook Page at –
https://www.facebook.com/SEEK/app_201143516562748 (“Facebook Page”) and;
a)become a fan of the Facebook Page by clicking the ‘like’ button (if not an existing fan of the Facebook Page);
b)click on the promotional “SEEK Here, There or Anywhere” application and allow access for the application to their basic information, as requested;
c)follow the prompts to access the entry form and input the requested personal details (including but not limited to their full name, date of birth, telephone number and a valid email address);
d)provide the YouTube link to their Entry Video (so that the Entry Video can be accessed, viewed and used by the Promoter, as contemplated in these Terms and Conditions); and
e)submit the fully completed entry so it is received by 12:00noon AEDST on 02/11/2012.
Each entrant warrants to the Promoter that each entry (including but not limited to the Video Entry) submitted is an original work of the entrant that
does not infringe the rights of any third party. Each entry must comply with the provisions contained in clause 22.
Each entrant must, upon request at any time, provide their Video Entry to the Promoter via any method and in any format as reasonably requested by the
Promoter (in addition to the submission via YouTube).
By submitting an entry into the promotion, each entrant acknowledges and agrees that the Promoter may publish their entry (including their Video Entry) on the Facebook Page and in any other location or media for an indefinite period, without reference or payment to the entrant (or any person featured in the video or in respect of any item/pet featured in the video). Each entry will be individually moderated by the Promoter prior to it being published on the Facebook Page (or any other location) for its compliance with these Terms and Conditions. Whether an entry (including the Video Entry) will be published on the Facebook Page (or in any other location) will be determined by the Promoter in its absolute discretion.
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 and Conditions or who tampers with the entry process. 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.
Incomplete or indecipherable entries will be deemed invalid.
Multiple entries permitted, subject to the following: (a) each entry must be substantially unique (as determined by the Promoter in its absolute discretion); and (b) each entry must be submitted separately and in accordance with entry requirements.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the originality and creativity of the location and/or situation in which a person can search for a job using the SEEK Jobs App (as showcased in the Video Entry) and the overall entertainment value of the Video Entry. The judging will take place at Level 6, 541 St Kilda Road, Melbourne VIC 3004, commencing on 09/11/2012.
The best valid entry, as determined by the judges, will win AU$5,000 (awarded in the form of a direct electronic transfer into the winner’s nominated account) and an Apple iPhone 5 (32GB) valued at AU$899. iPhone is a handset only. The winner will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access, data, messaging and call charges. The total value of the prize is AU$5,899.
The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
Winner will be notified by telephone and email.
The Promoter’s decision is final and no correspondence will be entered into.
‘iPhone’ is a trademark of Apple Inc. Apple Inc is not a participant in or sponsor of this promotion.
If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element
of the prize) will be forfeited.
If the prize (or any part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise stated.
When an entrant submits any materials via the promotion including comments, recordings, videos and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, attribution, liability or restriction on use. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not
submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; © they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to
the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, 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 promotion, as appropriate.
Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes 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 promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
© 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;
(d) any variation in prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a winner or entrant; or
(f) taking and/or use of the prize.
The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt-out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
The Promoter is Seek Limited (ABN 46 080 075 314) of Level 6, 541 St Kilda Road, Melbourne VIC 3004.
