Terms and Conditions of Entry for the "There's Nothing Like Australia Promotion" (Singapore)
1. These terms and condition of entry, including information on how to participate and prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The Contest shall be governed by and construed in accordance with the laws of Singapore, with Tourism Australia (TA) as the Contest Promoter.
3. Entry into the Promotion is also deemed as acceptance of the Promoter's Website Terms and Conditions, which can be viewed at http://www.australia.com/sg/terms_conditions. To the extent that there is any inconsistency between these Terms and the Promoter's Website Terms and Conditions, these Terms shall prevail.
4. The Promotion will be open from 09:00hrs Greenwich Mean Time (GMT) on 15 September 2010 until 09:00hrs GMT on 5 November 2010 (Promotion Period).
5. Entry in the Promotion is open to Singapore residents aged 18 years and over, excluding:
(a) management, employees, directors and contractors of the Promoter, its related entities and other agencies, firms or companies associated with the Promotion (including suppliers of prizes); and
(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 5(a) of these Terms.
(Eligible Entrants).
HOW TO ENTER
6. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
(a) complete the official competition entry form on www.nothinglikeaustralia.com/sg/entry-form.htm (Entry Form) (providing all details required, including full name, address and day time phone number);
(b) upload a photograph taken by the Eligible Entrant in Australia in jpeg, gif, tif or png format, which is no larger than 2MB in size, and falls within one of the following categories: (i) Australian nature; (ii) Australian cities; (iii) Australian coastal lifestyle; (iv) Australian food and wine; (v) Australian Aboriginal culture; (vi) Australian outback; or (vii) Australian journey;
(c) provide in 25 words or less (in English) a caption for the photograph, beginning with the words "There's nothing like..."; and
(d) comply with the conditions set out in paragraphs 8 and 9 of these Terms,
(an Eligible Entry).
7. Any entries that do not comply with the conditions set out in paragraphs 8 and 9 of the Terms, or do not include a photograph falling within one of the categories set out in paragraph 6(b) will not be an Eligible Entry.
ENTRY TERMS
8. An entry may not contain, as determined by the Promoter in its sole discretion, any content that:
(a) is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, is profane or pornographic, or contains nudity;
(b) promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
(c) promotes hunting or gambling, or cruelty to animals or humans;
(d) promotes the irresponsible use of alcohol, or is obscene, offensive, inappropriate, or endorses any form of hate or hate group;
(e) appears to duplicate any other submitted entries;
(f) defames, misrepresents or contains disparaging remarks about other people or companies, or contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(g) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, or overt company or product branding (including URLs or phone numbers), even with permission;
(h) is a mash up of images or contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images, television, movies or other media), without permission;
(i) contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, or contains look-alikes of celebrities or other public or private figures, living or dead;
(j) is culturally inappropriate, demeaning or derogatory to Aboriginal and Torres Strait Islander peoples;
(k) communicates messages or images inconsistent with the positive images and/or goodwill the Promoter wishes to associate; and/or
(l) violates any law.
9. By entering the Promotion, Eligible Entrants represent and warrant that:
(a) their entry is original and they own the entry and have the right to assign or license copyright ownership and other intellectual property rights in the entry to the Promoter;
(b) 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;
(c) their entry does not contain content, or their conduct in creating the content, was not illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing to any person, in breach of any confidence, defamatory, libellous, offensive or objectionable;
(d) if the entry in any way includes third parties, including Aboriginal and Torres Strait Islander peoples, or third party property, they have obtained the required consents and releases from those third parties and/or Aboriginal and Torres Strait Islander peoples (or third party property owners) to include them in their entry;
(e) if the entry in any way includes images of locations that require permission, permits or releases to be obtained for the commercial use of the image (including images of Aboriginal and Torres Strait Islander sacred sites), they have obtained the required consents and releases from the appropriate owners/authorities; and
(f) if the entry in any way includes third parties under the age of 18 years, they have obtained the required consents and releases from the parents or legal guardians (as applicable) of those third parties or the third party property owners to include them in their entry.
10. By entering the Promotion, Eligible Entrants grant Tourism Australia a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable licence to use, reproduce, publish, modify, adapt, distribute, store, run, display, creative derivative works from, cause to be seen or heard and communicate to the public the entry (or including the photograph and text that forms part of the entry) in all media.
11. By entering the Promotion, Eligible Entrants acknowledge that their entry may be used by the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them. Eligible Entrants unconditionally and irrevocably:
(a) consent to any act or omission that would otherwise infringe any of their moral rights in their entry (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 (Moral Rights); and
(b) waive all Moral Rights in their entry that arise outside Australia.
12. Eligible Entrants acknowledge that:
(a) entries may be reviewed by the Promoter to ensure that they comply with the Terms, and consequently whether they are an Eligible Entry or not, which will be decided in the Promoter's sole discretion;
(b) the Promoter may notify entrants if their entry is invalid or rejected because it does not comply with these Terms, but is under no obligation to do so;
(c) the Promoter intends to post all Eligible Entries on the website located at www.nothinglikeaustralia.com/sg, however the Promoter is under no obligation to post Eligible Entries to that website and makes no representation and provides no guarantee as to when Eligible Entries may be posted to that website;
(d) the Promoter intends to use Eligible Entries in its marketing campaigns, however the Promoter is under no obligation to do so;
(e) the Promoter has the right to use an Eligible Entry in any media or in anyway it sees fit; and
(f) if requested by the Promoter, Eligible Entrants may be required to provide the Promoter with a high resolution version of the photograph submitted as part of the Eligible Entry.
State and Territory Judging Period (Short listing of 24 Finalists) - 9 October 2010 and 14 October 2010
13. Eligible Entries received during the Promotion will first be judged by a panel of representatives of the Promoter in accordance with the criteria set out in paragraph 13 between 9 October 2010 to 14 October 2010. The panel will select a shortlist of up to 3 Eligible Entries for each State and Territory, up to a total of 24 Entries out of the 8 State and Territory, where the photograph included in the Eligible Entry was taken.
14. Eligible Entries for the State and Territory Prizes will be judged on the following criteria:
(a) the authentic Australian experience portrayed in the Eligible Entry;
(b) the originality and creativity of the Eligible Entry; and
(c) the relevance of the photograph to the categories listed in paragraph 6(b).
15. The shortlisted Eligible Entries will then be judged by a panel of representatives selected by the relevant State and Territory tourist offices (who may or may not be employees of the State and Territory tourist offices) in accordance with the criteria set out in paragraph 15 between 9 October 2010 and 14 October 2010 (the State and Territory Judging Period). Representatives of each State and Territory office will judge the best Eligible Entry from the shortlisted Eligible Entrants determined in accordance as set out below:
(a) representatives selected by Tourism New South Wales will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in New South Wales;
(b) representatives selected by Tourism Queensland will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in Queensland;
(c) representatives selected by the South Australian Tourism Commission will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in South Australia;
(d) representatives selected by Tourism Victoria will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in Victoria;
(e) representatives selected by Tourism Western Australia will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in Western Australia;
(f) representatives selected by Tourism Tasmania will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in Tasmania;
(g) representatives selected by Australian Capital Tourism will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in the Australian Capital Territory; and
(h) representatives selected by Tourism NT will judge the best Eligible Entry from the shortlisted Eligible Entrants whose photographs were taken in the Northern Territory.
Public Judging Period - 15 October 2010 to 29 October 2010
The Grand Prize Winner (1 Winner):
16. The 1 entry that receives the most number of public votes during the Public Judging Period from 15 October 2010 to 29 October 2010 as determined by the Promoter will win a holiday to any destination of their choice in Australia to the value of S$15,000 (the Grand Prize). The winner of the Grand Prize we will work with the Promoter or its nominated agents to create an itinerary for the winner's desired Australian holiday.
17. The Voting Winners (5 Winners):
Public can determine the Grand Prize Winner by voting on the 24 finalists entries during the Public Judging Period. To enter and be eligible to win, Entrants must, during the Public Judging Period complete the official voting entry form on nothinglikeaustralia.com/sg/entry-form (Entry Form) providing all details required, including full name, address and day time phone number. Entrants may enter the Promotion as many times as they wish, however, entries submitted through an automated system are prohibited and ineligible to win. The promoter will conduct and an electronic draw to pick 5 winners from all the Eligible Voting Entrants and the 5 winners will each win a Canon PowerShot G11 worth S$799.
18. Winners of both the Grand Prize and Voting Prizes will be:
(a) notified by phone, email or mail within 7 days of the end of Contest Period from 5 November 2010; and
(b) published on www.nothinglikeaustralia.com/sg/ on 05 Nov 2010 for the Grand Prize and Voting winners.
19. In order to claim and/or participate in the Grand Prize or Voting Prize, the Prize winners may be required to provide a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and acceptance and use of Grand Prize.
20. All costs associated or arising in connection with the Prizes are the responsibility of the Prize winners. In particular, the following are not included as part of the Prizes (unless specified); transfers to and from the airport, meals, beverages, insurances, service charges and other ancillary costs, and are the responsibility of the Prize winners.
21. In accepting and using the Prizes, the Prize winners and their nominated travel companion agree to:
(a) obtain travel insurance for the duration of their participation in the Prize in an amount and from an insurer acceptable to the Promoter; and
(b) agree not to act or fail to act in a manner which brings or may in the Promoter's opinion bring the Promoter or its related entities into disrepute, during the course of their participation in the Prize.
22. Acceptance and use of Prizes is subject to terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Prizes, including airlines and accommodation providers.
VERIFICATION
23. If requested by the Promoter, the provisional Prize winners must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize and compliance with these Terms before the Promoter issues their Prize. If the items required by the Promoter are not received or a provisional winning entry has not been verified to the satisfaction of the Promoter within the time period required by the promoter, the provisional winner's entry will be invalid. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.
GENERAL
24. Subject to paragraph 26, entrants may enter the Promotion as many times as they wish, provided each entry is different, however, entries submitted through an automated system are prohibited and ineligible to win.
25. If an entry contains a direct reference to a particular product or brand, entrants may only submit a maximum of 50 entries referring to that same product or brand, and each of the 50 entries must be different.
26. If an entrant submits the same entry more than once, that Promoter may block that entrant from submitting any further entries and the entrant will be ineligible to win the Prizes.
27. Entrants can only enter the Promotion in their own name.
28. Some entries may contain Aboriginal and Torres Strait Islander words or names. As these words or names are submitted by the entrant, the Promoter is unable to ensure the correct spelling of Aboriginal and Torres Strait Islander words or names. To ensure the correct spelling of Aboriginal and Torres Strait Islander words or names entrants should refer to http://austlang.aiatsis.gov.au. Further information on Aboriginal and Torres Strait Islander peoples can be viewed at http://www.aiatsis.gov.au.
29. During the entry process entrants will be asked if they would like to invite friends and family to enter the Promotion. Entrants may only invite people to enter the Promotion who the entrant can infer would consent to receiving an email from them.
30. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.
31. If the Promoter is unable to provide a winner with the Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize.
32. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.
33. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, including cancelling, terminating, modifying or suspending the Promotion.
34. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
35. Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
36. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
37. The Promoter collects personal information about entrants to include entrants in the Promotion and where appropriate award the Prizes. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each entrant consents to disclosing their personal information to the Promoter and the Promoter using, and disclosing their personal information to the Promoter's related entities, the Promoter's agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Prizes) for use for, the following purposes:
(a) contacting the entrant in relation to the Promotion;
(b) improving the Promoter's or the Promoter's related entities' goods and services; and
(c) contacting the entrant in the future for the Promoter's or the Promoter's related entities' marketing purposes via any medium including mail, telephone (regardless of whether the entrant is registered on the Do Not Call Register) and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other media including media not yet in existence at the time of the Promotion.
The entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter. Entrants can also gain access to, update or correct any personal information held by the Promoter by contacting the Promoter by sending an email to privacy@tourism.australia.com. All personal information will be stored at the office of the Promoter.
38. Entrants acknowledge that on the entry form entrants may tick a box agreeing to the Promoter providing the entrant's personal information to the Promoter's partners for the following purposes:
(a) the Promoter's partners contacting the entrant in relation to the Promoter's partners newsletters;
(b) the Promoter's partners contacting the entrant with information on promotions and offers offered by the Promoter's partners; or
(c) the Promoter's partners contacting the entrant in relation to the Promoter's partners general marketing purposes,
via any medium including mail, telephone (regardless of whether the entrant is registered on the Do Not Call Register) and commercial electronic messages, SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other media including media not yet in existence at the time of the Promotion.
38. By entering the Promotion, entrants agree and acknowledge:
(a) they may be contacted by the Promoter (or an agent of the Promoter) to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos or recordings of them;
(b) the Promoter may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the Materials) for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
(c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
(d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose it determines;
(e) they unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their Moral Rights in the Materials; and
(ii) waive all Moral Rights in the Materials that arise outside Australia; and
(f) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
39. The:
(a) Promoter, the Promoter's related entities, and all agencies associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph 41(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of, or participation in, the Prize, whether as a result of negligence, a breach of statutory duty or otherwise, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
40. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prizes.
41. Each entrant acknowledges and agrees that it is a condition of participation in the Promotion that the entrant be capable of agreeing to these Terms and giving the consents contained herein.
© 2010 Tourism Australia
