COLONIAL FIRST STATE SPORTS BOOST PUBLIC VOTE PROMOTION
TERMS AND CONDITIONS
- Subject to clauses 2 and 3, participation in this promotion is only open to Australian residents. Participants under 18 years old must have parental/guardian approval to participate and further, the parent/guardian of the participant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this promotion.
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to participate. 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.
- To participate in this promotion, individuals must nominate for the promotion either: (a) an individual junior athlete between the ages of 10-18 that is participating in a sport that is recognised by a registered sports organisation (“Individual”); or (b) a junior sports team that is recognised by a registered sports organisation where the majority of its players are between the ages of 10-18 (“Team”). A ‘Team” and an “Individual” will each also be referred to in these Terms and Conditions as a “Nominee”. Participants can: (a) nominate themselves as an Individual (if they are a junior athlete between the age of 10-18 years); (b) nominate their Team if they are a player in an eligible Team (where the majority of the players on that Team are between the ages of 10-18 years); or (c) they can nominate a third-party Individual or Team (e.g. if a participant is a coach) that is eligible (as per the above Nominee requirements), with the prior consent of that Individual or Team and their parent/guardians in the case of each minor. If nominating a third-party Individual or Team, participants must seek and receive consent from the Individual/Team (and their parent/guardians in the case of each minor) they wish to nominate that the relevant Nominee agrees to be nominated based on these Terms and Conditions, before submitting a nomination on the promotional website, and must also provide written confirmation of that consent to the Promoter if requested.
- The promotion opens for Nominations (defined below) at 00:01am AEDST on 05/03/2018 and ends for Nominations at 11:59pm AEST on 01/04/2018 (“Nomination Period”).
- To nominate an Individual or Team for the promotion, a participant must complete the following steps during the Nomination Period (“Nomination”):
- a) visit https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost.html and follow the prompts to the promotional nomination page;
b) input the requested details regarding the Nominee, including:
a. the name of the Individual or Team they are nominating;
b. if nominating an Individual, the name of the team/club they represent;
c. which sport the Nominee is competing in;
d. why they think the Nominee deserves to win a Sports Boost prize in 150 words or less;
e. what the Nominee’s sporting dream is (if the participant is not the Nominee, then they should provide the answer as described to them by the Nominee) in 150 words or less; and
f. an outline of what the Nominee will do with the Sports Boost prize in the event the Nominee is selected as the Winner (if the participant is not the Nominee, then they should provide the answer as described to them by the Nominee) in 150 words or less;
c) upload a photograph of the Nominee. If nominating an Individual, the photograph must be a front-facing headshot. If nominating a Team, the photograph must show the entire team;
d) upload a video no longer than 30 seconds showcasing the Nominee participating in their sport or talking about their sport, that demonstrates why they should win a Sports Boost prize. The video must be shot horizontally, and clearly show the Individual/Team. If nominating a Team, the video must show multiple Team players;
e) input their own personal details (including their full name, age and a valid email address); and
f) submit the fully completed nomination form.
By submitting a Nomination, participants (or the participant’s parent/legal guardian, if under 18) warrant and agree that they have received permission from the Individual/Team they are nominating to submit a Nomination on their behalf (if submitting a Nomination for a third-party Individual/Team), that the information they provide is accurate, and that their responses (and the photograph/video submitted) do not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in these Terms and Conditions.
- Incomplete or indecipherable Nominations will be deemed invalid.
- Multiple Nominations permitted, subject to the following: (a) each participant can only nominate a particular Nominee (Individual or Team) once; and (b) each Nomination must be submitted separately and in accordance with nomination requirements.
- The Promoter reserves the right, at any time, to verify the validity of participants, Nominations and Nominees (including a participant’s and Nominee’s identity, age and place of residence, and a status of a sport or a Team) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the nomination process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- If there is a dispute as to the identity of a participant or Nominee, the Promoter reserves the right, in its sole discretion, to determine the identity of the participant or Nominee.
- At the end of the Nomination Period, the Promoter will judge the submitted responses for all Nominees against each other based on the following criteria: (a) quality and creativity of the responses submitted; (b) why a Sports Boost prize is needed by the Nominee; (c) how the Sports Boost prize is intended to be utilised by the Nominee; and (d) how well the Nominee showcases their sport and how successful they are in their sport. The judges may select additional reserve Nominees which they determine to be the next best, and record them in order of merit, in case of an invalid nomination or ineligible nominee.
- The five (5) best valid Nominees, as determined by the judges, will each be selected as a finalist (“Finalist”). Each Finalist will be awarded $2,000 cash. The Promoter will also create a video and a blurb about each Finalist, based on and using the responses provided in the Nomination and the videos/photo provided in the Nomination (“Finalist Bio”) and will post each Finalist Bio at https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost/sports-boost-finalists.html for public viewing and voting, as outlined below in the “Voting Instructions” section. All creative and editing control over the Finalist Bio rests with the Promoter and Finalists will not have a right of approval of the Finalist Bio before it is published.
- Cash prizes will be awarded in the form of a cheque. Prizes awarded to a Team will be awarded in the name of the registered Team, and prizes awarded to an Individual will be awarded in the name of the Individual’s parent/legal guardian.
- The Finalists will be notified by email. In the event that a Nominee was nominated by a third party, the participant must arrange for the Nominee to contact the Promoter and confirm their agreement to these Terms and Conditions prior to the Nominee being declared a Finalist.
- The Promoter reserves the right to also announce and promote Finalists (one by one, more than one at a time or all together, in its discretion) and their Finalist Bio (in its full version or cut down/edited version) prior to and during the Voting Period (defined below) via its social media channels, website and other mediums as it deems fit.
- Voting is only open to Australian residents. Voters under 18 years old must have parental/guardian approval to participate and further, the parent/guardian of the participant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to vote. 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.
- Voting commences at 00:01am AEST on 04/06/2018 and ends at 11:59pm AEST on 08/07/2018 (“Voting Period”).
- To vote, individuals must complete the following steps during the Voting Period:
a) Visit https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost.html
b) follow the prompts to the promotional voting gallery;
c) input the requested personal details (including a valid email address); and
d) click the “vote” button corresponding to their favourite Finalist.
- By submitting a valid vote in this promotion, voters will also receive one (1) entry into the “Colonial First State Sports Boost 2018 - Voter” Promotion (Terms and Conditions available at https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost.html).
- The Promoter reserves the right, at any time, to verify the validity of votes and voters (including a voter’s identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting 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.
- The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any Nominee (or invalidate his/her nomination) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
- The use of any automated voting software or any other mechanical or electronic means that allows a voter to automatically vote repeatedly is prohibited and will render all votes submitted by that voter invalid.
- Only one (1) vote is permitter per person/voter and per email address.
Winner Determination & Prize
- Subject to clause 26, the Finalist to receive the highest number of valid votes as at the end of the Voting Period will be the winner (“Winner”). The Winner will win an AU$18,000 sports boost (“Sports Boost”), awarded as follows:
• AU$13,000 cash; and
• AU$5,000 paid by the Promoter directly towards the Nominee’s sports/coaching services. The Winner will nominate the sports/coaching service(s) that they wish the $5,000 to be distributed towards, however, this will be subject to approval. Following validation and approval of the service(s) to be provided, the Promoter will arrange invoicing and payment terms with the requested provider over the course of 12 months.
- For the avoidance of doubt, the Winner will receive the $18,000 Sports Boost in addition to the $2,000 Finalist prize. The remaining Finalists will not receive any other prize but the $2,000 Finalist prize.
- Cash prizes will be awarded in the form of a cheque. Prizes awarded to a Team will be awarded in the name of the team, and prizes awarded to an Individual will be awarded in the name of the Individual’s parent/legal guardian).
- In the event of a tie between any two (2) or more Finalists for the position of Winner, the Promoter will judge the tied Finalists against each other based on the criteria outlined in clause 10 and chose the best entry as the Winner.
- The Winner will be notified by phone and via email.
- Information on how to participate, vote and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- This is a game of skill and chance plays no part in determining the Finalists or the Winner. For the avoidance of doubt, if a participant has nominated a third party Nominee, the participant will not receive a prize if that third party Nominee is selected as a Finalist or Winner; the prize will be awarded to the Nominee (the Team or a parent/guardian, as applicable).
- The Promoter’s decision is final and no correspondence will be entered into.
- If for any reason a prize recipient does not take/redeem a prize at/by the time stipulated by the Promoter (which will be thirty (30) days from the announcement unless otherwise specified by the Promoter), then the prize will be forfeited. In the event a prize recipient does not claim their prize by the specified time or fails to meet the requirements of these Terms and Conditions, the Promoter reserves the right in its absolute discretion to award that prize to a reserve winner.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.
- Participants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, videos, and photographs (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Participants 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) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person (and the parent/guardian of any minor) or from the owner(s) of any property that appears in their Content
(d) the Content is the original work of the participant or the participant has the prior consent from any person that has any rights in the Content to submit the Content as part of this promotion, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) 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 participant agrees to indemnify the Promoter for any breach of the above terms.
- As a condition of entering this promotion, each participant 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 their Nomination (which shall include all Content) for any purpose, including but not limited to voting and future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
- As a condition of accepting a prize, the Winner agrees to attend a 2 day photo shoot organised by representatives of the Promoter between 12/07/2018 and 25/07/2018, with the exact date to the determined by the Promoter. The location of the shoot will be determined by the Promoter in its absolute discretion. If the shoot is outside of the winner’s State/Territory of residence, the Promoter will provide the winner with one (1) return economy flight to the city where the shoot is to take place and one (1) night accommodation in a hotel selected by the Promoter. All other costs (including all other transfers, meals and beverages) will be the responsibility of the Winner. If the winner is from the State/Territory where the shoot is to take place, they must make their own way to and from the shoot each day of the shoot. All intellectual rights in material created during a photo shoot will vest in the Promoter and its representatives. The Promoter will have full creative and editing control over the photo shoot and any photographs and videos produced in connection to the photo shoot.
- Nominees, Finalists and the Winner each consent to the Promoter using their name, likeness, image and/or voice (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. In the case of the Winner, he/she agrees that the Promoter may use their name, likeness, image and/or voice both as depicted in their Nomination and in any material created as part of the photo shoot they attend, as outlined in clause 36.
- 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 participant or Nominee and/or participant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with accessing the promotional website is the participant’s responsibility and is dependent on the Internet service provider used.
- 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 States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its related entities (including their respective officers, employees and agents) exclude 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 and its related entities (including their respective officers, employees and agents) are not responsible for and exclude 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; (c) any Nomination 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 prize recipient, Nominee or participant; or (g) taking and/or use of a prize.
- As a condition of accepting a prize, each prize recipient’s parent/legal guardian (or an authorised Team representative, if the case of a Team) may be required to 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 Colonial First State Investments Limited (ABN 98 002 348 352) of 11 Harbour Street, Sydney NSW 2000, telephone 13 13 36 (“Promoter”).