1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents who are one (1) of the following:
· A parent/guardian of a student who attends an Eligible School (as defined below);
· A student who attends an Eligible School; or
· A teacher or administrative staff member who works at an Eligible School.
3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant 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.
4. 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.
5. An eligible school (“Eligible School”) is a public or private primary or high school in NSW, VIC, QLD, SA or WA that is registered with the Department of Education and Training and meets the following criteria:
· Located within a 150km radius of Melbourne, Sydney, Adelaide, Perth, Brisbane CBD; and
· If selected as a winner, passes a structural certification for prize installation, as per clause 17.
6. Promotion commences on 23/04/2018 and entries close at 11:59pm AEST on 29/06/2018 (“Promotional Period”).
7. To enter, eligible individuals must, during the Promotional Period, visit www.originenergy.com.au, follow the prompts to the promotion entry page, input the requested details (including their full name, email address, telephone number, Eligible School name, Eligible School address and their relationship to the Eligible School (e.g. parent/guardian of student who attends, a student or a teacher/staff at Eligible School), an answer in one hundred (100) words or less which describes how the Eligible School spreads good energy and how the Eligible School will benefit from the prize (“Promotional Question”), upload a photograph or video footage which demonstrates the good energy practice(s) of the Eligible School (this is optional) and submit the fully completed online entry form. Individuals must have consent of the Eligible School principal before they submit an entry or take photographs or video on school grounds or of the Eligible School.
8. Uploaded photographs must be submitted in JPG format and must not exceed 200MB file size. Uploaded videos must be no longer than sixty (60) seconds in length, must be submitted in .avi, .mp4 or .mov format and must not exceed 200MB file size.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of employment, relationship to Eligible School 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. Incomplete or indecipherable entries will be deemed invalid.
11. Only one (1) entry permitted per person. For the removal of doubt, multiple entries per Eligible School are permitted, provided that each entry is substantially unique and each entry is submitted by a different entrant.
12. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
13. The judging will take place at the Promoter’s office, 321 Exhibition Street, Melbourne VIC 3000 on 02/07/2018. 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 entrant. Both the entrants who submitted the winning entries and the Winning Eligible Schools will be notified by telephone and in writing via email.
14. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the literary and creative merit of the answer provided to the Promotional Question and photo or video (including how well they demonstrate good energy within the Eligible School and how well they demonstrate that the Eligible School will benefit from the prize). The Promoter reserves the right to select reserve entries it deems to be the next best, in case a winning Eligible School is disqualified for any reason.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. Entries will be divided into the following State groups depending on the Eligible School’s location: NSW, VIC, SA, QLD and WA. The best valid entry in each State group will each win the prize of a 20.625kWsolar system and inverter valued at RRP $26,450. Each prize includes the following:
· Trina solar panels;
· A Fronius three (3) phase inverter; and
· Access to an online portal to monitor the system performance (requires the Eligible School to have an Ethernet port next to the inverter, or very strong Wi-Fi).
17. For the removal of doubt, the prize will be awarded to the Eligible School listed in the entry and not the person who submitted the entry. The installation of the 20kW solar system and inverter is conditional on a structural certification (obtained by the Promoter). In the event a winning Eligible School is unable to obtain this structural certification or refuses to accept these Terms and Conditions or the prize, that Eligible School (and the corresponding entry) will be disqualified and the Promoter will select the next valid reserve entry as the winning entry
18. If for any reason a winning Eligible School does not take / redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
19. If any prize (or part of any 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. Total prize pool value is up to $132,250.
21. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
22. Entrants 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. Entrants 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) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, 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 entrant agrees to indemnify the Promoter for any breach of the above terms.
23. As a condition of entering this promotion, each entrant 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 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.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event their entry is a winning entry (including photograph, film and/or recording of the same) and the principal of the winning Eligible School, by accepting a prize, consents for the details of the Eligible School to be used, 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.
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 entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in VIC, NSW, QLD SA and WA (“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.
28. 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 entrant; or (f) use of a prize.
30. The Promoter is Origin Energy Services Limited (ABN 93 007 847 010) of 321 Exhibition Street, Melbourne VIC 3000.