ABC Terms and Conditions Schedule to the Terms and Conditions
Competition “Win a Happy Keynote”
Promoter Australian Broadcasting Corporation (ABN 52 429 278 345) of 700 Harris Street, Ultimo 2007, New South Wales, Australia.
Website (Clause 1) www.abc.net.au
Entry Restrictions (Clause 4)
1. Entry to the Competition is open to attendees of the Wellbeing Thought Leadership Forum held at the ABC in Ultimo, Sydney on Thursday 11th May 2017.
Entrants and guests must be 18 years or over.
Employees, and their immediate families of the ABC and associated agencies, contractors, sole traders and companies are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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.
Competition Period (Clause 5)
Commences: The competition commences at EST 8.00am on 12/05/2017
Ends: EST 4pm on 18/05/2017
Entry Method (Clause 6)
To enter, entrants must: Fill in the Wellbeing Thought Leadership Series Forum online form and answer in 25 words or less, tell us why you’d you like win a Happy Keynote for your organisation.
Maximum Number of Entries (Clause 7)
One unique entry per person is permitted
Judging Details (Clause 8)
The winner of the Major Prize will be the best valid entry as judged by a panel made up of representatives from ABC Commercial having regard to skill, creativity and originality. The Promoter may select additional entries to be used as replacements in the event that the first entrant chosen as a winner cannot satisfy these Terms and Conditions or claim the Prize.
The one Major Prize winner will win:
A: One customised Happy Keynote Presentation to be presented at the winner's workplace by a Happy Body At Work presenter.
Value (excl. GST)
Prize Restrictions (Clauses 10 - 18)
The Major Prize is valid up until 21 December 2017 not refundable and cannot be exchanged for cash or other product. Subject to availability. Guests are responsible for any other charges not covered as part of the Major Prize including flights and travel for the wellbeing consultant.
Winner Notification(Clause 19)
The winners will be notified by email within 24 hours of being determined. If the winner cannot be contacted or does not claim the prize within 2 days of notification, the ABC reserves the right to withdraw the Prize from the winner and pick a replacement winner.
Rights in Your Entry
(Clauses 20 - 24)
Exclusive licence to use the entrant’s entry to the competition for promotional purposes
Additional Terms Applicable to this Competition
The Major Prize does not include flights, travel and/or transfer costs, expenses with respect to food and beverages, travel and medical insurance costs.
General Terms and Conditions
1. By entering the Competition, you agree to be bound by the Terms and Conditions of the Competition. The Terms and Conditions governing the Competition include these General Terms and Conditions, the Schedule to these General Terms and Conditions and any instructions relating to the Competition on the Promoter’s Website.
2. Any capitalised terms used in these General Terms and Conditions have the meaning given in the Schedule, unless stated otherwise. In the event of any inconsistency between the Schedule to the Terms and Conditions (Schedule) and these General Terms and Conditions, the Schedule will take precedence.
3. The Promoter may in its absolute discretion refuse to award any Prize to any entrant who fails to comply with these Terms and Conditions.
4. Eligibility to enter the Competition is subject to the Entry Restrictions. An entrant of the Competition must be an individual and not a company or organisation. Directors, immediate family members, employees and contractors of the Promoter and any agencies, retailers and suppliers directly associated with the Competition, or with the provision of the Prize, are not eligible to enter.
5. The Competition will be conducted during the Competition Period. Any entry received after the expiry of the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
6. To enter the Competition, entrants must enter the Competition in accordance with the Entry Method (and any other entry details provided by the Promoter on the Website) during the Competition Period.
Maximum Number of Entries
7. Entrants can enter the Competition up to the Maximum Number of Entries. Entries must be submitted separately and each entry must individually meet the requirements in the Schedule and are subject to the Entry Restrictions.
8. The entrant(s) whose entry is judged by the Promoter’s panel of judges to be the most original and creative (and any judging criteria set out in Judging Details of the Schedule) will win the Prize. The Promoter and its panel of judges may, in their absolute discretion, decline to award any or all Prizes, including where the judges determine that the entry is not of publication standard. Chance plays no part in determining the Prize winners. Decisions of the Promoter and its panel of judges are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
9. The Prize will be awarded as specified in the Schedule. The Prize values are the recommended retail value as provided by the relevant supplier, are in Australian dollars and are correct as at the time of the commencement of the Competition Period. The Promoter accepts no responsibility for any variation in the Prize value.
10. Unless otherwise specified in the Schedule, the Promoter will not be responsible for any additional costs associated with use of the Prize. The Prize winner (and, if applicable, their guest(s)) is responsible for all costs associated with using the Prize including (if applicable) travel and/or transfer costs, expenses with respect to food and beverages, travel and medical insurance costs and spending money.
11. If a Prize is available in various locations, the Prize winner is only eligible to claim the Prize in their nearest capital city. If the Prize occurs in the Prize winner’s home city, the Prize winner will not be eligible to receive any accommodation or airfares (which may otherwise have formed part of the Prize).
12. If the Prize is date specific, the Prize winner must be available to redeem the Prize on the dates stipulated by the Promoter. If the Prize winner is not able to redeem the Prize on that date, the Promoter may determine another Prize winner in its absolute discretion. . If you are the Major Prize winner, you acknowledge that, although the Promoter will endeavour to make the Prize available on your requested dates for redemption, redemption of the Prize on your selected dates is subject to availability.
13. No component of the Prize can be transferred or redeemed for cash.
14. All Prizes are subject to availability. In the event that any of the Prizes or part of a Prize becomes unavailable due to circumstances beyond the Promoter’s reasonable control, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation.
15. It is a condition of accepting the Prize that the winner (and any guests participating in using the Prize) must comply with all the conditions of use of the Prize and Prize supplier’s requirements.
16. If the Prize includes flights, entrants agree that:
(a) the Prize does not include transfers to and from the winner’s place of residence to the departure point and transfers between the accommodation and airport (unless otherwise specified in the Schedule);
(b) the flights must be utilised at the same time, for the same travel dates, to and from the same destination;
(c) no frequent flyer (or equivalent rewards program) points will accrue to the Prize winner (and any guest participating in using the Prize) on the Prize flights or accommodation; and
(d) the booking time of the flights will be determined by the Promoter in its complete discretion and blackout periods may apply including all public holidays.
17. If the Prize includes accommodation, it is a condition of accepting the Prize that the Prize winner may be requested to present their credit card or a cash deposit upon arrival at any accommodation to cover all ancillary costs they may incur during their stay. For the avoidance of doubt, the Prize winner acknowledges that the accommodation part of the Prize includes room charges only (and no ancillary costs such as room service).
18. If the Prize involves tickets to an event, the Promoter is not responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the Prize winner from redeeming the Prize or any part of it.
19. Unless advertised differently, the Prize winner(s) will be notified in accordance with the Winner Notification details in the Schedule. Please allow at least twenty-eight (28) days from the date of notification for the delivery of the Prize.
Rights in Your Entry
20. Unless otherwise specified in the Schedule, all physical entries become the property of the Promoter and will not be returned to the entrants.
21. To be eligible for a Prize your entry must only include original material created by you or material which you have permission to use, which may be included in your entry.
22. By submitting your entry to the Promoter, you grant the Promoter and its licensees and assignees:
(a) the Rights in Your Entry specified in the Schedule to exercise all rights in your entry, including without limitation, the right to reproduce and communicate your entry to the public in whole or in part, in perpetuity and throughout the world in any media; and
(b) the right to publicise, broadcast and communicate to the public your name, character, likeness or voice for any promotion or matter incidental to the Competition with no compensation to you for such use.
23. You understand and agree that your entry may be edited or adapted at any time by the Promoter for legal, editorial or operational reasons.
24. As a condition of accepting the Prize, the winner must 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.
25. If the method of entry instructs you to include any material owned by the Promoter (ABC Material) such as an ABC trade mark or logo, you agree that:
(a) you must not use the ABC Material for any purpose other than for the purpose of including it in your entry in the Competition;
(b) any use of the ABC Material by you will not give you or any other person (other than the Promoter) any right, title or interest in the ABC Material;
(c) you must not carry on a business under a name which includes the ABC Material or any trade mark similar to the ABC Material; and
(d) you must not apply to register a trade mark similar to ABC Material.
26. No other party may use the ABC Material without prior approval of the Promoter.
28. Any attempt to interfere with the normal functioning of the Website or to otherwise undermine the legitimate operation of this Competition is prohibited and will render all entries submitted by that entrant invalid.
29. You warrant that:
(a) your entry is your original work, and to the extent it is not, you have obtained the relevant permission;
(b) all details provided with your entry are true and accurate;
(c) you have all necessary rights to grant the Promoter the rights granted under these Terms and Conditions;
(d) use of your entry by the Promoter, in accordance with these Terms and Conditions, will not infringe the rights of any third parties; and
(e) your entry does not breach any law.
30. You agree to indemnify the Promoter against any loss or damage resulting from any breach of the warranties above and acknowledge that the Promoter may, in its absolute discretion, not award the Prize to you for breach of the warranties above.
31. You acknowledge that the Promoter is under no obligation to use your entry, and any reproduction and/or communication of your entry to the public by the Promoter (in accordance with these Terms and Conditions) is at the complete discretion of the Promoter.
32. You acknowledge this Competition is in no way sponsored, endorsed or administered by, or associated with, Survey Monkey. Any questions, comments or complaints regarding this Competition must be directed to the ABC through the Website rather than to Survey Monkey.
33. If there is any event that prevents or hinders the Promoter’s conduct of the Competition or the Promoter’s ability to deliver the Prize to the Prize winner(s), the Promoter may, in its discretion, cancel the Competition and recommence it at another time under the same conditions.
34. The Promoter is not responsible for any incorrect or inaccurate information, or for any failure of the equipment or programming associated with or utilised in the Competition, or for any technical error that may occur in the course of the administration of the Competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
35. To the full extent permitted by the law, the Promoter is not liable for any delay, death, injury, damages, expenses, or loss whatsoever (whether direct or consequential) to persons or property as a result of any person entering into the Competition or accepting or using any Prize, including without limitation non-receipt of any Prize or damage to any Prize in transit and the Prize winner’s failure to comply with the terms and conditions (if any) specified by any third party.