GSM (OPERATIONS) PTY LTD (TRADING AS BILLABONG) "DESIGN A BIKINI: BIKINI SHOWDOWN" PROMOTION
1. STANDARD TERMS
1.1 Information on "how to enter" and details of prizes form part of the terms and conditions of entry.
1.2 If you enter the Billabong Bikini Showdown - Bikini Design Competition (Competition), you agree to be bound by the terms and conditions of entry. This is a game of skill. Chance plays no part in determining the winners of the Competition. Each entry will be individually judged based on creative merit. The judges' decision is final and no correspondence will be entered into.
1.3 The Promoter of the Competition is GSM (Operations) Pty Ltd trading as Billabong, of 1 Billabong Place, Burleigh Heads, Queensland, 4220 (A.B.N. 67 085 950 803).
2. PROMOTIONAL PERIOD
2.1 The Competition commences on 1 August 2010 at 9:00am (AEST) and concludes at 10 September 2010 at 05:00pm (AEST) (Promotional Period).
3. WHO CAN ENTER
3.1 You can enter the Competition if you are an Australian resident of at least 13 years of age on 1 August 2010. Proof of age and residency may be required before collecting a prize. Proof of age and residency must be in the form of legally issued documentation and the Promoter reserves the right to request further proof for any reason.
3.2 Employees (and their immediate families) of the Promoter and participating retailers 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.
3.3 Entrants under the age of 18 must obtain the prior permission of a parent or guardian 18 years of age or older to enter.
4. HOW TO ENTER
4.1 Entrants may submit an entry in the Competition up to 5 times, but each entry must consist of a different design.
4.2 To participate in the Competition Entrants must during the Promotional Period:
Download 1 (one) of 4 (four) Billabong bikini design templates from Website.
Create an original design submission (Design Submission) for their chosen Billabong bikini template. In order for a Design Submission to qualify it must be submitted during the Promotional Period and must be designed solely by the entrant using the template mentioned above.
Complete the online entry form (Entry Form) which includes providing details such as (but not limited to) email address, full name, mobile phone number (or other contact phone number), age, gender, Australian state of residence, and postcode.
Upload directly to the Website the Design Submissions. (Note: Design Submissions entered by mail will not be accepted). 4.3. The Promoter reserves the right not to accept or display on the Website, and to remove from the Website, any materials submitted by an entrant (including any Design Submission, Entry Form, information, comments or images, entered or uploaded as a part of this Competition) (Entry Materials) at its sole discretion. For example, any Entry Materials containing inappropriate, distasteful or offensive material may be refused to be accepted or displayed on the Website by the Promoter or removed from the Website at anytime. The Promoter also reserves the right to disqualify any entries at its sole discretion. Incomplete, indecipherable or illegible entries will be deemed disqualified. All contact details entered incorrectly on the Entry Form will be deemed invalid and the entry will be disqualified.
4.4. The Promoter's decision in relation to any aspects of the Competition, including content displayed on the Website and disqualification, is final and binding on all entrants and no correspondence will be entered into.
4.5. Designs Submissions submitted by entrants mustbe in jpeg format and must not exceed 1024Kb (1 megabyte) for each image.
4.6. All Design Submissions become and remain the property of the Promoter upon submission and will not be returned to entrants.
4.7. Entrants may elect to have their entry withdrawn from the Competition at any time during the Promotional Period if they no long wish to participate in the Completion. Entrants must put their request to withdraw from the Competition in writing and addressed to:
Billabong Girls Marketing - Bikini Showdown competition
1 Billabong Place
Burleigh Heads QLD 4220
Australia
and the Promoter will remove their Entry Materials from the Website within a reasonable time after receiving the written request. Any support received up to the time when the Entry Materials are removed will be forfeited or removed and the entrant will no longer be eligible for any prizes in the Competition.
5. FINDING THE WINNER
5.1 The judging panel will consist of Billabong designers and marketing employees selected at Billabong's discretion (Judging Panel).
5.2 The Judging Panel will select the two Finalists by 15 September 2010 based on their Design Submissions. Finalists will be notified by telephone on the number specified in the Finalist's Entry Form. Finalist's names will be announced at
www.billabong.com by midnight 15 September 2010.
5.3 Finalists must agree to sign Billabong's 'Standard IP Assignment' (Form) to assign all their intellectual property rights in their Design Submission to Billabong in order to be eligible to claim a prize. If a selected Finalist refuses to sign the Form, their entry will be deemed ineligible and another Finalist will be selected at the Promoter's discretion.
5.4 Finalists must be available to travel and attend the Billabong Design For Humanity Event (the Event) on a date notified by the Promoter to judge and announce the Winner.5.5 Voting for the Grand Prize winner (Winner) will take place in the week leading up to the Event on the Website and via SMS at the Event. .
5.6 The general public can vote between the two Finalist designs on the Website during the period notified on the Website. A person can only register one vote per day. Website voting will close 24 hours prior to the Event.
5.7 Patrons attending the Event will be able to vote between the two Finalist designs via SMS during the Event. SMS voting at the Event will close prior to announcing the Winner at the time communicated at the Event or on the Website. At the Event patrons will be provided with the SMS numbers to vote on the entries.
5.8 The Winner will be the Finalist who received the highest combined votes from the Website and the SMS vote at the Event and will be announced on the night of the Event.6. PRIZES:
FINALIST PRIZES:
6.1 The two Finalists will each win the Finalist Prize, which includes:
Return economy airfares from the Finalist's nearest capital city for the Finalist and one guest. If the Finalist is under 18 years of age, their guest must be a parent or guardian over 18 years of age. Maximum value = $800.
1 night accommodation (one bedroom suite) for night of Event Approx. value= $250.
VIP ticket with backstage access for Finalist and guest to Event. Approx. value = $200.
Taxi or limousine transfer from accommodation to Event. Approx. value = $50. Finalist and guest must make their own travel arrangements after the Event to their accommodation.
Design Submission produced as a one-off bikini. Approx. value = $80
Billabong prize pack valued at $250.
GRAND PRIZE:
6.2 In addition to the Finalist Prize, the Winner's Design Submission will be made into a limited edition bikini design available for purchase on www.surfstitch.com. 15% of profits from the bikini sales will be donated to a charity chosen by the Promoter in its absolute discretion. The number of bikinis produced for sale will be decided by Billabong in its absolute discretion. The Winner will not receive a direct financial benefit from the sale but will be credited as the 'Winner of the Billabong Bikini Showdown - Bikini Design Competition'. Value of prize unable to be assessed.
6.3 Total Prize pool for the Finalists is approximately $3,260. 7. TRAVEL & PRIZE CONDITIONS:
7.1 The Promoter will contact each Finalist to determine the Finalist's preferred bikini size for the 'one-off bikini' prize component in order to award the prize. Contents of Billabong prize pack determined by the Promoter in its absolute discretion.
7.2 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.
7.3 Total prize pool value is approximately $3,260. The value of the prize is accurate and based upon the recommended retail prices or best estimate of the value of the prizes at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date. Prizes are not transferable or exchangeable and cannot be taken as cash.
7.4 If a Finalist or Winner of any prize is under the age of 18 years, the prize will be awarded to the Finalist's or Winner's nominated parent or guardian.
7.5 The Promoter reserves the right to request to provide proof of age and identity prior to awarding any prize. Identification considered suitable for verification is at the sole discretion of the Promoter.
7.6 In the event that any prize, or part of any prize, is unavailable, the Promoter reserves the right to substitute the prize or part of prize in its discretion to the same and equal recommended retail value and/or specification.
7.7 Finalists must be able to travel in November 2010 in order to attend the Event.
7.8 Where a travel component is awarded as a part of a prize and allows for a guest, the Finalist and their guest must travel together on all prize flights, and stay at the same properties in each destination.
7.9 Flights and accommodation are subject to availability and will be coordinated in consultation with the winner. Flight schedules are subject to change without notice. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. The Finalist (and any guest) is strongly encouraged to seek advice in relation to any safety concerns they may have in relation to travel from appropriate authorities, including government websites.
7.10 Unless expressly stated in these Terms and Conditions all other expenses become the responsibility of the winner (and their companion) including:
Spending money, meals, transfers (unless otherwise stated) including travel to and from departure point to airport, travel insurance), energy surcharges, gratuities, and all other ancillary costs;
Incidentals charged to the FinalistŐs and guestŐs accommodation, such as meals, mini bar, laundry room services, telephone calls etc.
7.11 A credit card imprint or cash deposit may be required from the Finalist (or guest) at check-in to the relevant accommodation hotel.
8. CONSENTS AND PERMISSIONS
8.1 Entrants are responsible for obtaining all necessary licences, consents and approvals in relation to their Entry Materials (including in relation to the use of the image or likeness of any person who appears in a photo or video included in the Entry Materials) to enable entrants to enter their Entry Materials in this Competition and to permit the Promoter to deal with their Entry Materials in the manner outlined in these Terms and Conditions.
8.2 By entering this Competition all entrants:
Consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Competition, including future similar Billabong competitions, without remuneration, at any time during or after the Competition and via any means (including without limitation in national print media, on the Promoter's website and in other promotional material);
If any of their photos contain the image of another person, warrant that they have obtained the consent of that other person to the Promoter using and publishing (and authorising others to use and publish) their the other personŐs name, character, likeness, image, voice or anything else that identifies their friend for the purposes of any promotion or matter incidental to the Competition, including future similar Billabong competitions, without remuneration, at any time during or after the Promotional Period and via any means (including without limitation in national print media, on the Promoter's website and in other promotional material);
Assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry and Design Submission in relation to all media (including, without limitation, the internet) and whether in existence now or created in the future;
Unconditionally and irrevocably:
consent to any act or omission that would otherwise infringe any of their moral rights in the Entry and Design Submission (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
waive all moral rights that arise outside Australia; and
agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
Warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trade mark claims, by other persons.
8.3. The Promoter accepts no responsibility or liability where an entrant's Entry and Design Submission (or elements of them) are downloaded from the Website by any persons, and for any matters after such download.
8.4 Subject to the limitations set forth in Sections (8.2) and (8.6) below, the Promoter grants to each entrant the limited, nonexclusive, freely revocable right to use the Promotor's trademarks solely to create a Design Submission to submit to the Competition. For the avoidance of doubt, this grant of rights does not include any right to use the trademarks for any other purpose, including any advertising or promotional purposes.
8.5 By participating in the Competition, each entrant grants the Promoter the exclusive, worldwide, royalty free right and license to display the Design Submission on the Website, on any other websites selected by the Promoter, or in any other location or medium chosen by the Promoter. This right and license will remain in effect until February 1, 2011.
8.6 Each Finalist assigns to the Promoter, its licensees and assignees all rights, title, and interest in and to the Design Submission in perpetuity. In that respect, such entrant must sign and deliver to the Promoter any documents required by the Promoter and take such other action as the Promoter may reasonably request, including, without limitation, executing and filing, at the Promoter's expense, copyright applications, assignments, and other documents required for the perfection and protection of the Promoter's rights in and to the Design Submission.
8.7 If an entrant does not become a Finalist, the entrant is free to use his/her Design Submission for any commercial purpose, provided that such Design Submission does not incorporate, in any manner whatsoever, any trademark or other intellectual property right of Billabong
8.8 Design Submissions may be modified by the Promoter in any way whatsoever, used as a basis for additional illustrations or images (whether or not by the entrant), and the Design Submissions and any modifications or derivatives thereof may be digitized without any additional approval being required of the entrant, with the exception that such entrant shall be shown such modifications and derivatives and shall have a right to withdraw use of such entrant's name as a credit. Entrants waive any and all attribution and integrity rights with regard to the Design Submissions whether arising under the law of any state of the Australia, Australian federal law, or the law of any other country.
9. PRIVACY AND INFORMATION
9.1 The entrant consents to use of their personal information provided by when entering or participating in this Competition (including in their Entry Materials) by the Promoter to conduct the Competition, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter). Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other entities which provide research and marketing services to the Promoter.
9.2 If entrants do not provide the personal information requested by the Promoter, they may not participate in the Competition (except where the provision of that information is optional). Winner's names will be published and retained as required under relevant legislation. An entrant may request to access, update or correct any information, or to have their details removed from the Promoter's database/s, at any time and such requests should be directed to the Promoter at its address set out above. out above.
10. GENERAL TERMS AND CONDITIONS
10.1 It is a condition of accepting a prize that a winner (and/or their guest) comply with all the Terms and Conditions of use of a prize and prize supplier's requirements.
10.2 The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant or voter who tampers with the entry or voting process, or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
10.3 The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the Prize winnings. Entrants may wish to seek their own independent financial advice prior to entering the Competition.
10.4. Entries will be deemed to be accepted at the time of receipt by the Promoter's delegated website representative. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times. Each entry will be subject to a moderation process before being visible on the Website. Entries are deemed to be received at the time they are received by the Promoter and not the time they are published on the Website.
10.5 The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. The Promoter is not liable for any losses if, for any reason, this Competition is not capable of being executed as planned, including in relation to any technical issues or incompatibilities which prevent an entry from being completed or a vote being received or properly allocated, and including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, malfunction of any telephone, computer, internet network or line or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness or integrity or proper conduct of this Competition.
10.6 In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders it's determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the Competition and reopen the Competition at a later date on the same conditions.
10.7 To the maximum extent permitted by law, the Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury or property damage suffered or sustained (whether or not arising from any person's negligence) by any person arising out of or in connection with this Competition or the promotion of this Competition.
10.8 Any costs associated with accessing the
www.billabong.com website is the entrant's responsibility and is dependent on the Internet service provider used.
10.9. 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 and the entrant will be disqualified from the Competition.
Australian Competitions Club
