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. Promotion commences at 9.00am AEST on Monday 15 August 2016 and closes at 11:59pm AEST on Thursday 18 August 2016 (“Promotional Period”).
3. Entry is only open to Australian residents (“Eligible Entrant”).
4. Eligible Entrants under 18 must have permission and consent from their parent/legal guardian and must read and consent to these Terms and Conditions. Parents/legal 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. To be eligible to enter, an Eligible Entrant must take (either prior to or during the Promotional Period) an original and creative photograph of themselves wearing their best GWS Giants colours (“Photo”).
7. To enter, an Eligible Entrant must then upload the Photo to their Facebook, Twitter or Instagram account, including the hashtag #OriginUpGrade in the caption field.
8. The public profile of the Facebook, Twitter or Instagram account used to enter must contain sufficient personally identifiable information to adequately identify the Eligible Entrant. Each Eligible Entrant warrants to the Promoter that the Photo and any other content submitted in their entry is an original creative work of the Eligible Entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 23.
9. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including their identity, age and place of residence) 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 entry 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.
10. Each Eligible Entrant can enter as many times as they like, provided: (a) each entry (i.e. Photo) is substantially unique; and (b) each entry is submitted separately and in accordance with the requirements of the promotion.
11. Incomplete or indecipherable entries will be deemed invalid. Entries that do not comply with these Terms and Conditions will also be deemed invalid at the Promoter’s complete discretion.
12. This is a game of skill and chance plays no part in determining winner. Each entry will be individually judged based on the creativity and originality of the Photo submitted. The judges will be determined by the Promoter in its absolute discretion. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The winner will be notified by a direct message via the relevant social media account (i.e. Facebook, Twitter or Instagram), and will then be required to contact the Promoter in order to accept the prize.
15. The best valid entry, as determined by the judges will receive four (4) tickets to the Efex Sky Deck at Spotless Stadium in Sydney, NSW for Saturday 20 August 2016 and a tour of the change rooms at Spotless Stadium for four (4) people after the game on Saturday 20 August 2016. The winner must make their own way to/from Spotless Stadium, and any cost associated with travel to/from the stadium will be the responsibility of the winner and will not be borne by the Promoter.
16. The Efex Sky Deck ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
17. 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.
18. If for any reason the winner does not take the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
20. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize.
22. By accepting the prize, the winner (and their parent/guardian, if applicable) consent to the Promoter using each of 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
23. Eligible Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photos (“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. Eligible Entrants and parents/legal guardians warrant and agree that:
a. the Eligible Entrant 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. the Eligible Entrant’s 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 the Eligible Entrant’s Content;
d. the Content is the original work of the Eligible Entrant 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; 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 Eligible Entrants (and their parents/guardians, if applicable) agree to indemnify the Promoter for any breach of the above terms.
24. As a condition of entering this promotion, each Eligible Entrant (and their parent/legal guardian, if applicable) 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 the Eligible Entrant’s 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.
25. 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 Eligible Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. 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.
27. 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 Eligible Entrant; (f) or (g) taking, use or redemption of a prize.
28. Liability for any tax (other than FBT where applicable) arising out of participation in this promotion (including acceptance of a prize) is the sole responsibility of the relevant winner. Each person should seek independent financial advice in this regard.
31. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook, Instagram or Twitter. The information an Eligible Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook, Instagram or Twitter. Facebook, Instagram and Twitter will not be liable for any loss or damage or personal injury which is suffered or sustained by an Eligible Entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
32. The promoter is Origin Energy Retail Limited (ABN 22 078 868 425) of Level 6, 321 Exhibition Street Melbourne VIC 3000 (“Promoter”).