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Terms and Conditions - Sports Booster

SPORTS BOOSTER PROMOTION

 

 

TERMS AND CONDITIONS

 

1. 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.


2. The promoter is Colonial First State Investments Limited (ABN 98 002 348 352) of 11 Harbour Street, Sydney NSW 2000, telephone 1300 360 645 (“Promoter”). 


3. Participation is only open to Australian residents aged 13 years or over.


4. Participants under 18 years old must have parental/guardian approval to enter 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 entering this promotion.


5. 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. 


6. Promotion commences on 05/08/2019 and ends at 11:59pm AEST on 18/08/2019 (“Promotional Period”). 

 

7. To participate in this promotion, individuals must, during the Promotional Period. follow the prompts at https://www3.colonialfirststate.com.au/personal/campaigns/sports-boost/sports-booster.html to the Formstack entry form and as a short answer within the given web form nominate, in 100 words or less, a person that they believe has contributed their time for free (or donated their time) to a local registered sporting club without ever being rewarded and why they deserve to win the prize. Individuals can nominate themselves or they can nominate someone else (must be an Australian resident), with the prior consent of that person and their parent/guardians in the case of a minor. If nominating another person, participants must provide written confirmation of the consent to the Promoter if requested


8. Incomplete or indecipherable entries will be deemed invalid.


9. Multiple nominations are permitted, subject to the following: (a) each participant can only nominate a particular nominee once; and (b) each nomination must be submitted separately and in accordance with nomination requirements.


10. The Promoter reserves the right, at any time, to verify the validity of participants, nominations and nominees (including identity, age and place of residence, and information provided) 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.


11. 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. 


12. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the answer provided to the promotional question and how deserving the nominated person is to receive the prize. 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 participant.


13. The relevant nominator will be notified of the win and will be contacted for further information about the winning nominee if not already provided. Upon receipt of the winner’s personal details, that winner will be notified via email, or phone call within two (2) business days. 


14. The Promoter’s decision is final and no correspondence will be entered into.


15. The best valid nomination, as determined by the judges, will win AUD$4,000, awarded in the form of a bank transfer. The prize will be awarded to the winning nominee; i.e. the winner will be the person nominated in the winning entry. In the event that the winning entry nominated the participant who submitted it, they will receive the prize, and in the event that the winning entry nominated someone other than the participant that submitted it, the person nominated in the entry will receive the prize and not the participant who submitted the entry. The participant agrees to take all reasonable measures to organise the person they nominated to contact the Promoter if they are selected as the winner. No responsibility will be taken for the provision of incorrect or unauthorised bank account details provided.


16. If the winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.


17. If for any reason the winner does not take the prize at/by the time stipulated by the Promoter, then the prize will be forfeited. 

 

18. The prize, or any unused portion of the prize, is not transferable or exchangeable. 


19. Participants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“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 or from the owner(s) of any property that appears in their Content; 

(d) the Content is the original work of the participant that 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; 

(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;

(g) the entry has not been previously published in any other medium or forum worldwide; and

(h) they have not granted right to their entry to any other person which is inconsistent with the rights granted to the Promoter under these conditions.

(i) Without limiting any other terms herein, the participant agrees to indemnify the Promoter and its associated companies and agents for any breach of the above terms.

 

20. As a condition of entering this promotion, each participant licenses and grants the Promoter, its associated companies and agents, 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 entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.


21. As a condition of accepting the prize, the winner (and the person who submitted the winning entry if they are not the winner, if requested by the Promoter) agrees to attend a 2-day photo shoot organised by representatives of the Promoter between 02/09/2019 and 15/09/2019, 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 and it is at the discretion of the Promoter whether or not a photo shoot is required. If the shoot is outside of the winner’s State/Territory of residence, the Promoter will provide the winner (and the person who submitted the winning entry if they are not the winner, if their attendance is requested by the Promoter) with a 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 (and the person who submitted the winning entry if they are not the winner, if their attendance is requested by the Promoter). If the winner (and/or the person who submitted the winning entry if they are not the winner, if their attendance is requested by the Promoter) 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.


22. The winner (and the person who submitted the winning entry if they are not the winner) 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), other promotions of the Promoter and promoting any products manufactured, distributed and/or supplied by the Promoter, including but not limited to via a video/footage highlighting the winner’s achievements with their sporting club published on the Promoter’s social media pages. In the case of the winner (and the person who submitted the winning entry if they are not the winner, if requested by the Promoter), he/she agrees that the Promoter may use their name, likeness, image and/or voice both as depicted in their entry and in any material created as part of the photo shoot they attend, as outlined in clause 23.

 

23. 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 (b) to modify, suspend, terminate or cancel the promotion, as appropriate.


24. Cost of entry via the internet is free but internet connection and usage rates may apply. Any cost associated with accessing the competition entry page is the participant’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 any participant to automatically enter repeatedly is prohibited and will render all entries submitted by that participant invalid.


25. 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 (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.


26. 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; (c) 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 participant; or (f) taking/use of the prize.


27. As a condition of accepting the prize, the winner 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.  In the event the winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf. 


28. Ikon Communications Pty Ltd (ACN 087 312 918) of L4/1 Kent Street, Millers Point, NSW 2000 (“Ikon”) collects personal information ("PI") on behalf of the Promoter in order to conduct and administer the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to the Promoter, agents, contractors, service providers, and prize suppliers. Participation is conditional on providing this PI. In addition to any use that may be outlined in its Privacy Policy, Ikon may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the participant. Ikon will also use and handle PI as set out in its Privacy Policy, which can be viewed at 

29. https://www.ikoncommunications.com.au/legals/. The Privacy Policy also contains information about how participants may opt out, access, update or correct their PI, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All nominations become the property of Ikon and the Promoter.  Unless otherwise indicated by Ikon, Ikon may disclose personal information to entities outside of Australia (see the Privacy Policy for details). 


30. The Promoter also collects PI in order to conduct the promotion and may, for this purpose, disclose such PI to its own third parties, including but not limited to agents, contractors, service providers and suppliers. Participation is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www3.colonialfirststate.com.au/about-us/terms-and-disclosure/privacy.html.   In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the participant. The Privacy Policy also contains information about how participants may opt out, access, update or correct their PI, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose participants’ PI to any entity outside of Australia.