http://www.readings.com.au/news/teen-book-video-awardsTeen Book Video Awards
by Holly Harper, Childrens' Book Specialist
***read terms below carefully***Everybody has heard of movie trailers, but have you ever seen a book trailer? What better way to get a feel for what a book is like than watching a clip that lets you know exactly what you’re in for before you’ve even read a word.
There are some excellent book trailers out there that really give you a feel for what a book is like, like the trailer for Burn Bright by Marianne de Pierres. It even incorporates music by Yunyu, which was written especially for the trailer.
If you’re a high school student, Random House Australia wants you to step behind the camera and make your own book trailer. Choose a title from one of the sixteen books on their list and create a 90 second trailer for it, and you could be in the running to win a cash prize of $1000 and $1000 worth of Random House books for your school.All eligible trailers will be reviewed by Random House staff and the best trailers will be shortlisted. Trailers will be judged on production values, adherence to the book and ability to evoke a viewer into wanting to read the book.
10 shortlisted entries will judged by an expert panel of book and film professionals. Stay tuned for the announcement of who our TBVA judges will be!
The judging panel will decide the 3 finalists. These will be eligible for the Teen Book Video 2011 Award for best book trailer .
To be eligible for judging, awards and prizes, the book trailers must be received by Friday 30 September 2011 and must be delivered as per required entry guidelines.
The winner will receive a massive cash prize of $1,000 plus $1000 worth of Random House books for their school!
TEEN BOOK VIDEO AWARDS
CONDITIONS OF ENTRY
1. Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each Entrant and their Legal Guardian (for Entrants aged under 18 years).
2. Entry is open residents of Australia who are Australian High School students between the ages of 12 years old and 18 years old (inclusive), who (if aged under 18 years old) have obtained their parent or legal guardian's consent to enter the promotion on these Conditions of Entry and whose parent or legal guardian has agreed to these Conditions of Entry (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide personal information about themselves (Legal Guardian). All Entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required Legal Guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and the Legal Guardian who gives their consent (for Entrants aged under 18 years). If any prize winner is aged under 18 years, the prize will be awarded to the Legal Guardian who consented to the winner entering the promotion on behalf of the winner, at the discretion of the Promoter and as applicable to the nature of prizes awarded in this promotion.
4. For the purpose of this promotion, an eligible Australian High School is a recognised, registered and/or verifiable Government, independent or religious high school located in Australia (High School). The Promoter at all times and in its sole discretion, may determine whether a school is an eligible high school with regards to the nature of the activities of the school, the structure of the school and any other relevant considerations, determined by the Promoter in its sole discretion.
5. The promotion commences at 9:00am AEDT on Monday 18 April 2011 and closes at 5:00 pm AEST on Friday 30 September 2011 (Promotional Period). Entries received after this date and time will be illegible.
HOW TO ENTER
6. To enter the promotion, Entrants must, during the Promotional Period:
a. log onto the ‘Teen Book Video Awards’ website available at
www.randomhouse.com.au/teens (BVA Website);
b. print the online entry form (Entry Form) and online release forms (Release Forms) from the BVA Website, and fully and correctly complete the forms in the manner required (including ensuring all relevant third parties fully and correctly complete the required Release Forms). If the Entrant is aged under 18 years, the Entrant will also be required to provide the full name, phone
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number and current and valid email address of the Legal Guardian who consented to the Entrant entering the promotion;
c. indicate via the applicable check-box on the Entry Form if they consent to their Entry (if chosen as a Shortlisted Entry (defined below)) to be eligible for the ‘Super Short Award’ in the ‘Robin Anderson Book Awards’. Entrants acknowledge that the ‘Robin Anderson Book Awards’ has its own Conditions of Entry (available at
www.robinanderson.org.au/entry.html) and is operating independently of this promotion in respect of entrants and prizes;
d. review ‘content’ on the BVA Website in respect of a number of featured novels selected by the Promoter (Novels). Content of the Novels may include, but is not limited to, synopses and extracts of the Novels;
e. create one (1) video ‘book trailer on film’ for one (1) of the Novels listed (Book Trailer). A Book Trailer must:
i. be the Entrant’s original work;
ii. be between 80 and 90 seconds in length only;
iii. be in QuickTime format (with no proprietary codecs), WMV format or Mpeg2 format only;
iv. be in 1024 x 567 PAL widescreen with square pixels only;
v. be G or PG-rated according to classification guidelines on
www.classification.gov.au; and
vi. promote greater readership by capturing the imagination of Australians through the powerful medium of film;
f. either, burn their Book Trailer onto to a data CD or data DVD, or copy their Book Trailer onto a USB flash drive (each, a Device). Entrants must clearly mark their Device with, or attach to their Device, the Entrant’s full name, current and valid email address, contact telephone number and title of the Novel featured in their Book Trailer. Devices will not be returned to Entrants. It is suggested that Entrants submit their Book Trailer in more than one (1) file format, and on separate Devices to ensure the Promoter is able to view the Book Trailer;
g. post their Device or Devices containing their Book Trailer, their completed Entry Form and all relevant signed Release Forms in a stamped envelope, to Sarana Behan, Random House Australia Pty Limited, Level 3, 100 Pacific Highway, North Sydney, New South Wales 2060; and
h. have their Book Trailer accepted as a valid entry. An entry is not complete and accepted until this step has occurred,
(together, an Entry).
7. Only one (1) Entry per person permitted. Any subsequent Entry after the first valid entry is received per person will be deemed invalid (with the exception of Resubmitted Entries, as defined in below).
8. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that an Entry fully complies with these Conditions of Entry and must not include or make reference to any visible logos, drawings, cartoons, phrases, trade marks or other third party materials (including but not limited to any copyrighted material, trade mark, logo or mark that identifies a brand) other then the material specifically provided by the Promoter on the Promotional Website for the Entrant to use for the sole purpose of creating their Entry, as it could result in the Entry becoming invalid for the purposes of this promotion or the Entrant being subject to legal liability.
9. The Promoter accepts no responsibility for late, lost or misdirected Entries. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be
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deemed invalid. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entries received will be considered final by the Promoter. If the Promoter is unable to play or view a Book Trailer submitted by an Entrant for any reason, the Entrant’s Entry may be deemed invalid. If a Book Trailer is not a video ‘book trailer on film’ about a Novel, is not in the correct format, is submitted without a completed Entry Form, or relevant signed Release Forms, the Entry may be deemed invalid. Entries must be received by the Promoter during the Promotional Period.
10. The Promoter, in its sole discretion, may contact an Entrant and provide the Entrant with the opportunity to resubmit their Entry (Resubmitted Entry). Resubmitted Entries are intended to allow Entrants to update/modify their Book Trailer, provide a Book Trailer in a different file format or on a different Device, or submit a completed Entry Form or Release Forms, and are not intended for minor or trivial Entry modifications. Any Resubmitted Entry must then be accepted by the Promoter to become a valid Entry into the promotion. A Resubmitted Entry is not complete and accepted until this step has occurred. The decision by the Promoter to accept or reject a Resubmitted Entry as a valid Entry is in the Promoter’s sole discretion and no correspondence will be entered into.
11. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as a valid Entry, the Resubmitted Entry will be deemed to be the Entry for the Entrant for the remainder of the promotion. If a Resubmitted Entry is rejected by the Promoter, in its sole discretion, as a valid Entry, or is not received by the Promoter by the date nominated by the Promoter, the earlier entry will remain as that Entrant’s entry into the promotion.
12. Entrants may submit multiple Resubmitted Entries, until (1) Entry is accepted by the Promoter as a valid Entry, at the Promoter’s sole discretion. Each Resubmitted Entry must be submitted separately on request of the Promoter and must independently comply with these Conditions of Entry. Only one (1) final Entry in the promotion per Entrant will be accepted.
13. Entries will not be viewed by, or made available to, any members of the public (including online), or be made available for use by any third party, prior to Friday 30 September 2011. From Friday 30 September 2011. Book Trailers may be available on the BVA Website for public viewing and on the Promoter’s YouTube channel, and may be used for portfolios and show reels, but not for other unrelated competitions or promotional or commercial uses of any kind.
JUDGING
14. Judging: All valid Entries will be judged on the basis of originality, creativity, and their ability to promote greater readership by capturing the imagination of Australians through the powerful medium of film. Chance plays no part in determining the winner. The Judges’ decision is final and no correspondence will be entered into.
15. Shortlisted Entries: All valid Entries will be judged by a panel of appropriately qualified judges (Judges) between Saturday 1 October 2011 and Sunday 16 October 2011. The Entries judged to be the top Entries from all eligible Entries received will be deemed shortlisted Entries (Shortlisted Entries). The number of Shortlisted Entries will be determined by the Promoter and Judges, in their sole discretion.
16. Finalist Entries: All Shortlisted Entries will be judged by an industry judging panel (Industry Judges) between Monday 17 October 2011 and Monday 24 October 2011. The Shortlisted Entries judged to be the top three (3) Shortlisted Entries from all Shortlisted Entries will be deemed finalist Entries (Finalist Entries).
17. Finalist Entrants will be contacted by email and telephone by Wednesday 26 October 2011. The names and details of the Finalist Entrants will be announced from Friday 28 October 2011on the BVA Website, and through other film and book trade media outlets, to be determined by the Promoter in its sole discretion.
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18. In the event a Finalist Entrant cannot be contacted by the Promoter by Friday 4 November 2011, the Promoter reserves the right to choose the next best judged Shortlisted Entry to become a Finalist Entry in place of the original Finalist Entrant.
19. The Promoter reserves the right to insert the Novel’s book jacket and any other details into any Finalist Entrant’s Book Trailer for promotional use, to be determined by the Promoter in it’s sole discretion.
20. Winner: All Finalist Entries will be judged by Industry Judges between Friday 28 October and Friday 4 November 2011. The Finalist Entry judged to be the top Finalist Entry from all Finalist Entries will be deemed the winner (Winner). The Winner will be contacted by telephone and email on Monday 7 November 2011 and their details may also appear from Thursday 10 November 2011 on the BVA Website and in other film and book trade media outlets, to be determined by the Promoter in its sole discretion.
21. Prize: The Winner will be awarded:
a. one (1) cash prize of $1,000.00 for themselves. The prize will be provided to the Winner on a prepaid VISA Debit Card in the Winner’s name; and
b. one (1) Random House Gift Card to the value of $1,000.00 for the Entrant’s High School (High School Prize),
(together, the Prize).
22. The High School nominated in the winning Entry must confirm in writing that they will accept the High School Prize within the time frame nominated by the Promoter. In the event that the nominated High School does not respond within the time frame, or elects not to accept the High School Prize, the Winner will be required to nominate another High School to be awarded the High School Prize. The Promoter will continue this process with the High School Prize and the Winner until the High School Prize is awarded.
23. Total maximum prize pool value is $2,000.00. All prize values are the recommended retail price including GST (where relevant). Prizes are not transferable or exchangeable and cannot be taken as cash (except where stated). The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. Prizes are subject to their prevailing Terms and Conditions of use, including expiration dates and are not replaceable if lost or stolen.
GENERAL
24. Entrants can only enter in their own name. Entrants and Legal Guardians who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant (or information supplied by a Legal Guardian) who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant (and Legal Guardian if the Entrant is aged under 18 years old) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, High School, residential address, eligibility to enter, or claim the Prize, and any information submitted by the Entrant in entering the promotion, before issuing the Prize (including confirming consent of an Entrant’s Legal Guardian and the name, age and address of the Legal Guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant, Legal Guardian or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid.
25. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) submitting an Entry which is not in
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accordance with these Conditions of Entry, including but not limited to where an Entrant under 18 years of age does not have Legal Guardian consent; (b) tampering with the Entry process; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender (and Legal Guardian if the Entrant is aged under 18 years old) are reserved.
26. A Shortlisted Entrant, Finalist Entrant or Winner (and Legal Guardian if the Entrant is aged under 18 years old) agrees that they will not disclose any information whatsoever (creative or otherwise) about this promotion or their Entry without the Promoter’s prior written approval in each instance or otherwise in accordance with these Conditions of Entry. Any disclosure whatsoever about this promotion or their Entry without the prior written approval of the Promoter may subject the Shortlisted Entrant, Finalist Entrant or Winner (and Legal Guardian if the Entrant is aged under 18 years old) to liability for monetary damages. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation of the Shortlisted Entrant, Finalist Entrant or Winner, the offender (and Legal Guardian if the Entrant is aged under 18 years old) agrees either directly or indirectly to indemnify the Promoter for those losses, damages and costs.
27. Costs associated with accessing the BVA Website remain an Entrant’s (and Legal Guardian’s if the Entrant is aged under 18 years old) responsibility and may vary depending on the Internet service provider used. Contact details entered incorrectly on the BVA Website by an Entrant will deem an Entry invalid.
28. It is a condition of accepting the Prize that the Winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
29. The Prize will only be awarded following any Entrant and Legal Guardian validation and verification that the Promoter requires in its sole discretion.
30. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
31. The Promoter and their associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to an Entrant's or any other person's mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the uploading or downloading of any materials related to this promotion.
32. The Promoter and their associated agencies and companies are not responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.
33. The Promoter and their associated agencies and companies are not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to, that arising from any person's negligence) in connection with taking the Prize or using the Prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter and its agents associated with this promotion take no responsibility for any element of the Prize damaged or lost in transit (if applicable). All warranty claims in regards to any element of the Prize should be directed to the applicable manufacturer and not the Promoter (if applicable).
34. If for any reason the Prize or any element of the Prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a similar prize or prize element of equal or greater value will be awarded to the Winner in lieu.
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35. If for any reason this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, to cancel, terminate, modify or suspend the promotion, or any aspect or any element of the entry process, and/or if necessary to provide an alternative prize to the same value as the original Prize.
36. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of, or the information on the BVA Website or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil Laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant (and Legal Guardian if the Entrant is aged under 18 years old) agrees to indemnify the Promoter for those losses, damages and costs.
37. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers inappropriate with limitation, in its sole discretion, to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion.
38. Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1) or more of the following content types will not be accepted as eligible Entries into the promotion:
a. content that does not strictly comply with the Book Trailer requirements;
b. content that contains, depicts, alludes to or promotes offensive, lewd or illegal behaviour or any swearing, alcohol or smoking;
c. content that parodies, disparages or makes fun of in any way the Novel or the author of the Novel;
d. content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
e. content that harasses or advocates harassment of another person;
f. content that exploits people in a sexual or violent manner;
g. content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
h. content that solicits personal information from anyone;
i. content that provides any telephone numbers, street addresses, last names, URLs or email addresses;
j. content that promotes information that an Entrant knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
k. content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
l. content that involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, instant messaging or "spamming";
m. content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
n. content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o. content that involves commercial activities and/or sales without the Promoter’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
p. content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may
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damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
q. content that has been used in previous marketing materials, promotions or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
r. content that includes an image or reference to another person that you have submitted without that person's consent; or
s. content that uses sexually suggestive imagery or any unfair, misleading or deceptive content.
39. By entering this promotion, an Entrant (and Legal Guardian if the Entrant is aged under 18 years old) warrants to the Promoter:
a. that their participation in the promotion has been consented to by their Legal Guardian if the Entrant is aged under 18 years;
b. that they have the authority and all permissions necessary to submit the Book Trailer as part of their Entry;
c. that the Book Trailer submitted is original;
d. that they will utilise the Novel for the purpose of submitting an Entry only and for no other purpose;
e. that they own the content of their Entry (except for the Novel) for use in any manner in any media worldwide and have the right to assign such copyright ownership in perpetuity and other Intellectual Property Rights in the Entry to the Promoter;
f. that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including, but not limited to, Intellectual Property Rights) of any person, corporation or entity;
g. in respect of Entries that include images or references to third parties or third party property, that they have, before submitting their Entry, obtained the required written consents and releases from those third parties (or third party property owners) to include such images or references in their Entry and submit that Entry into this promotion;
h. in respect of Entries that include images or references to third parties, that the third party participant has been informed by the Entrant and agrees in writing that such third party participant’s image or reference may be used by the Promoter in any media for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or promoting the Promoter generally;
i. that their Entry does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
j. that their Entry does not contain content that is contrary to the requirements or directions of relevant Regulators;
k. that their Entry does not contain content that has been used in previous marketing materials, promotions or competitions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
l. that their Entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
m. that their Entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
n. that during the course of creating their Entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; and
o. that the Entrant agrees that if their Entry is accepted by the Promoter, it may be available on the BVA Website for public viewing and on the Promoter’s YouTube channel, and that their Entry may be used by the Promoter and/or in
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any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally.
40. Each Entrant (and Legal Guardian if the Entrant is aged under 18 years old) indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
41. By entering this promotion, Entrants (and their Legal Guardian if the Entrant is aged under 18 years old) absolutely and unconditionally assign (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign) all right, title and interest in all Intellectual Property Rights in their Entry (subject to any third party Intellectual Property Rights). Each Entrant (and Legal Guardian if the Entrant is aged under 18 years old) must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant (and Legal Guardian if the Entrant is aged under 18 years old) expressly consents pursuant to the Copyright Amendment (Moral Rights) Act 2000 (Commonwealth) to the Promoter having an unfettered right to treat the Entrant’s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
42. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s and the Novel’s brands, logos, trading names and products will remain or be vested in the Promoter and the Novel’s relevant parties (as applicable). Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s or Novel’s brands, logos, trading names and products. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period use of the Promoter’s and Novel’s brands, logos, trading names and products solely for the purpose, and to the extent necessary, to enable each Entrant to create their Entry.
43. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Website and/or Promoter’s YouTube channel in accordance with its and YouTube’s prevailing terms and conditions of use. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including, but not limited to, any illegal, incorrect or inaccurate content and third party advertising). The promotion is in no way sponsored, endorsed or administered by, or associated with, YouTube. Entrants understand that they are providing their information, including their Entry, to the Promoter and not to YouTube. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to YouTube.
44. A Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to the Promoter in respect of any Entry or any person’s contribution on the Promotional Website or Promoter’s YouTube channel. Except for Regulators, Notifications must be submitted to the
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Promoter in accordance with the process advised by the Promoter on the Promotional Website.
45. If, during the Promotional Period, the Promoter receives a Notification in respect of any contribution on the Promotional Website or Promoter’s YouTube channel, the Promoter will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant contribution should be removed.
46. If, during the Promotional Period, the Promoter receives a Notification in respect of any Entrant’s Entry, the Promoter may notify the Entrant in writing as soon as possible, generally within two (2) business days of receiving such Notification (Notification Letter). The Notification Letter may (a) notify the Entrant that their Entry has been deemed invalid; or (b) request the Entrant to respond to the Promoter within two (2) business days of receiving such a Notification Letter and where a Notification Letter requires a response or action from the Entrant, the Entrant must respond and fully comply with the relevant Notification Letter within the timeframe(s) set out in the Notification Letter to ensure compliance with any relevant Laws and/or the requirements of a Regulator. An Entrant must do all things necessary to assist the Promoter with such an investigation, including providing the Promoter with any material, documents or information it may require within the timeframes advised by the Promoter. The Entrant acknowledges and agrees that: where a Notification Letter requires a response or action from the Promoter, the Promoter may, without any liability, take any steps necessary in order to respond or comply with such Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Entrant.
47. The Promoter collects personal information about an Entrant (and Legal Guardian if the Entrant is aged under 18 years old) to include the Entrant in the promotion and, where appropriate, award the Prize. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant (and Legal Guardian if the Entrant is aged under 18 years old) can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer via email at:
privacyofficer@randomhouse.com. All personal information will be stored at the office of the Promoter and which can be viewed at
www.randomhouse.com.au.
48. If an Entrant is aged under 18 years old, the Entrant’s Legal Guardian makes the following warranties to the Promoter:
a. the Legal Guardian acknowledges that he or she may be required to provide proof of age and identity of the Entrant;
b. the Legal Guardian is aged 18 years or older as at the date of agreeing to these Conditions of Entry and acknowledges that he or she may be required to provide proof of their age and identity;
c. the Legal Guardian is a parent or legal administrator of the affairs of the Entrant;
d. the Legal Guardian is fully authorised to agree to these Conditions of Entry on his or her own behalf for and on behalf of the Entrant;
e. no other person is required to authorise or consent to agree to these Conditions of Entry on behalf of the Entrant;
f. these Conditions of Entry are valid and binding upon the Legal Guardian and the Entrant;
g. the Entrant’s Book Trailer was created by the Entrant specifically for the promotion;
h. the Entrant’s Book Trailer complies with the Conditions of Entry;
i. the Legal Guardian will obtain permission from the owner of any copyright or other proprietary material, other than in the Novel, used in the Entrant’s Book Trailer;
j. the Legal Guardian and Entrant (as the original copyright holder) are personally liable and indemnify the Promoter for any breaches of any rights generally (including Intellectual Property Rights); and
k. the rights (including Intellectual Property Rights) in the Entrant’s Book Trailer have not been, and will not be assigned or licensed or otherwise granted in whole or in part to any person other than the Promoter.
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49. As a condition of entering this promotion, an Entrant (and Legal Guardian if the Entrant is aged under 18 years old) consents to the Promoter using (and assigning others the right to use) the Entrant’s Book Trailer, name, likeness, image and/or voice (including photograph, film and/or recoding of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and/or promoting any products manufactured, distributed and/or supplied by the Promoter. The Entrant (and Legal Guardian if the Entrant is aged under 18 years old) agrees that in the event that the Entrant is chosen as the Winner, the Entrant will participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.
50. By participating in the promotion and opting-in on the Entry Form, an Entrant (and Legal Guardian if the Entrant is aged under 18 years old) also acknowledges that a further primary purpose for collection of the Entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with information on special offers or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the entrant’s personal information in the manner set out in this condition.
51. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.
52. The Promoter is Random House Australia Pty Limited, ACN 004 815 703, of Level 3, 100, Pacific Highway, North Sydney, New South Wales 2060.
Australian Competitions Club
