Samsung Adappt Big Ideas: Common Ground 2015 Promotion Terms and Conditions

Transcription

1 Samsung Adappt Big Ideas: Common Ground 2015 Promotion Terms and Conditions 1. Information on how to enter and the Grand Prize (defined below) form part of these terms and conditions ("Terms and Conditions"). Entry into this "Samsung Adappt Big Ideas: Common Ground 2015 Promotion" ( Promotion ) is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer or promotion. 2. The promoter is The Foundation for Young Australians ABN of Somerset Place, Melbourne, Victoria 3000 ("Promoter"). 3. The Promotion commences at 9:00am (AEST) on 22 June 2015 and closes at 11:59pm (AEST) on 20 July 2015, or as extended by the Promoter in its absolute discretion ("Promotional Period"). 4. For the purposes of these Terms and Conditions: a. "immediate family member" 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 first cousin; b. "Grand Prize" means: i. digital mobile application development of the relevant Big Idea: Common Ground (defined below) by a digital agency as determined by the Promoter and Sponsor (defined below) in their absolute discretion, which may include delivery of a complete application, prototype build or any other technical solution depending on the scope of the Community Big Idea proposed by the Big Ideas: Common Ground Grand Prize Winner (defined below), and at the absolute discretion of the Promoter and Sponsor; an invitation for the Big Ideas: Common Ground Grand Prize Winner, up to two (2) of their Team Members (defined below), subject to clause 21, and one (1) Guardian (defined below), subject to clause 16, to attend a mobile application workshop and design event to be held from 3 December 2015 to 6 December 2015 (inclusive) in Melbourne, Victoria, including provision of the following: A. up to four (4) (depending on the application of these Terms and Conditions to Team Members and Guardians) return economy- class flights to Melbourne, Victoria, (including associated taxes and/or booking fees) from the Big Ideas: Community Grand Prize Winner s nearest Australian commercial airport and ground transfers to and from Melbourne airport only. If the Big Ideas: Common Ground Grand Prize Winner's nearest Australian commercial airport is Melbourne, Victoria, then the prize does not include airfares and transfers, and the airfare and transfer components of the prize will be forfeited and are not redeemable for cash; B. accommodation (minimum three (3) star); C. meals (breakfast, lunch and dinner for each day while in Melbourne, Victoria); and D. scoping of the Big Idea: Common Ground with a creative agency in Melbourne, Victoria, as determined by the Promoter and Sponsor in their absolute discretion, ("Samsung Adappt Bootcamp"), valued at up to $8,000;

2 i the following Sponsor products: A. one (1) Galaxy Tab S 10.5 WiFi (product number: SM- T800NZWAXSA), RRP $600.00; B. one (1) Galaxy Camera 2 (product number: EK- GC200ZWAXSA), RRP $499.00; and C. one (1) Galaxy S6 (product number: SM- G925IZKAXSA), RRP $999.00; and iv. potential mentoring and professional development opportunities with digital and/or marketing professionals between 1 December 2015 and 28 February 2016 (inclusive), the nature and extent of which are to be determined by the Promoter and the Sponsor in their absolute discretion. For clarity, this aspect of the Grand Prize is prospective only, and no such opportunities may be available. There is one (1) Grand Prize to be awarded for the Big Ideas: Common Ground Promotion, with an estimated total value of up to $10, as at 15 June 2015; c. "Guardian" means a legal parent or guardian of an Eligible Entrant, Winner or Team Member, as the context requires; d. "Sponsor" means the sponsor of the Prizes, being Samsung Electronics Australia Pty Ltd ABN of Quad Samsung, 8 Parkview Drive, Homebush Bay, New South Wales 2127; e. "RRP" means recommended retail price; and f. "Winner" means the Big Ideas: Common Ground Grand Prize Winner (defined below) and Second Chance Grand Prize Winner (defined below) if any, as the context requires. 5. To enter the Promotion, each participant must, during the Promotional Period: a. be an Australian resident between 12 and 25 years of age (inclusive) and not an employee of the Promoter, the Sponsor or any participating agency associated with this Promotion, or an immediate family member of the same; b. if under 18 years of age, obtain the consent of their Guardian to enter the Promotion in accordance with these Terms and Conditions and provide personal information about themselves; c. visit the website ("Samsung Adappt Website") and complete and submit the online entry form, including: i. providing the participant's full name, date of birth, residential address, contact telephone number and address; i detailing the participant s Big Idea: Common Ground for a mobile application to change the world, which responds to a local, national or global issue around connectedness, diversity, inclusion and belonging, which complies with clause 6 and seeks to meet the criteria in clause 13 ("Big Idea: Common Ground"); where applicable, providing the full names, dates of birth and contact details for up to two (2) team members who contributed to the Big Idea: Common Ground (each a "Team Member"); and

3 iv. acknowledging and agreeing to these Terms and Conditions, each eligible entry an "Entry" and each eligible entrant an "Eligible Entrant". 6. Each Big Idea: Common Ground must: a. be the original, independent creation of the Eligible Entrant (and, without limitation, must not be the work of a parent or teacher) that has not previously been published in any form in any country in the world; b. comply with any specifications set out on the Samsung Adappt Website, including, without limitation, detailing a Big Idea: Common Ground; c. not be defamatory, racist, sexist or offensive in any other way, and not seek to convert or recruit young people to a religious faith or require or invite young people to register for a political party; d. be suitable for a person of any age to view and use, and comply with all laws and regulations in Australia, including, without limitation, the Copyright Act 1968 (Cth); e. be free from any material which may give rise to a present or future claim by a third party, including, without limitation, any claim in connection with the infringement of copyright, trademark, other intellectual property rights or moral rights; and f. not include or make reference to the intellectual property rights of any person including, without limitation, any visible logos, drawings, phrases, music or copyrighted material that identifies a brand or other third party material, unless the Entry is submitted with the written consent of the owner of the relevant intellectual property rights used. 7. Eligible Entrants may enter this Promotion multiple times. Each Entry must comply with these Terms and Conditions (including, but not limited to, clauses 5 and 6), and be separate and distinct from any earlier Entry. 8. The Promoter and the Sponsor each reserve the right, at any time, to request additional information regarding an Entry or to verify the validity of an Entry and/or an Eligible Entrant (including, without limitation, the Eligible Entrant s identity, age and place of residence). It is the responsibility of each Eligible Entrant to provide the correct contact details in their Entry and to notify the Promoter of any changes to those details. 9. Entries that, in the Promoter's or the Sponsor s sole discretion, are inappropriate, offensive, illegal, fraudulent or otherwise do not accord with these Terms and Conditions (including, but not limited to, clauses 5 and 6) will be invalid. The Promoter or the Sponsor may, at any time and in their sole discretion, disqualify or prohibit from further participation in this Promotion any person who contravenes these Terms and Conditions or interferes with the entry process. Failure by the Promoter or the Sponsor to enforce any of their rights at any stage does not constitute a waiver of those rights. 10. Each Eligible Entrant warrants and undertakes to the Promoter and the Sponsor that each Entry they submit is an original work of the Eligible Entrant and/or their Team Member(s) that does not infringe any third party rights, including, without limitation, intellectual property rights, privacy rights or moral rights. 11. All rights and title in and to the intellectual property in each Entry shall be owned by the Eligible Entrant. No Entry will be returned to an Eligible Entrant. Each Eligible Entrant grants to the Sponsor and the Promoter a perpetual, irrevocable, worldwide, non- exclusive, royalty- free licence to use, reproduce,

4 modify, enhance, improve, distribute, describe, screen- grab, depict or otherwise exploit each Entry including the Big Ideas: Common Ground, for the purposes of promoting the Promotion, the 'Samsung Adappt' campaign (as described on the Samsung Adappt Website) and the Sponsor's products, in any media for an unlimited period. Each Eligible Entrant consents to any use of their Entry which may otherwise infringe their moral rights under the Copyright Act 1968 (Cth) or any other applicable law. 12. Within a reasonable period of time after the end of the Promotional Period, each Entry will be judged by a panel of judges comprising representatives of the Promoter, the Sponsor and/or the Promoter's or Sponsor's agents, against the criteria set out in clause 13 ("Criteria") which the judges may weigh in their absolute discretion. The Entry judged on its merit to best meet the Criteria will be awarded the Grand Prize ("Big Ideas: Common Ground Grand Prize Winner"). The Big Ideas: Common Ground Grand Prize Winner will be notified by and/or telephone and announced on the Adappt Website within 28 days after the date that they are judged to be the Big Ideas: Common Ground Grand Prize Winner. 13. The Criteria against which each Entry will be judged in accordance with clause 12 comprises the following: a. Social Change: i. How well does the Big Idea: Common Ground identify and present the problem that it proposes to address? i To what extent is the Big Idea: Common Ground a viable solution to the problem identified? How well does the Big Idea: Common Ground fit into the category of "community"? Entries may reflect a response to issues such as social inclusion, anti- racism, diversity and multiculturalism, and community connection. b. Innovation: i. How original is the Big Idea: Common Ground? For example, are similar and/or comparable mobile applications currently available? Has the Big Idea: Common Ground been prototyped in an appropriate format (using templates available on c. User Experience: i. How easily can users navigate the Big Idea: Common Ground prototype? d. Storytelling: i. How well does an Entry present its Big Idea: Common Ground? How convincing is the marketing/pitching of the Big Idea: Common Ground? 14. The decision of the Promoter and/or the Sponsor is final and no correspondence will be entered into. 15. Provision of the Grand Prize to the Big Ideas: Common Ground Grand Prize Winner is conditional on the Big Ideas: Common Ground Grand Prize Winner and each of their Team Members (as applicable), and in the case that the Big Ideas: Common Ground Grand Prize Winner or Team Member is under 18 years of age, their Guardian, executing a separate agreement in the form provided by the Promoter and/or Sponsor (in their absolute discretion), which:

5 a. for the Big Ideas: Common Ground Grand Prize Winner, each of their Team Members and/or Guardian(s) (as applicable), will include (but may not be limited to) terms and conditions in respect of consent to attend activities and be filmed and/or photographed, and terms and conditions in respect of conduct and acceptable behaviour; and b. for each Guardian who, in accordance with clause 16, will attend Melbourne, Victoria as part of a Grand Prize, will include (but may not be limited to) terms, conditions and indemnities in respect of responsibility, care and liability for the Big Ideas: Common Ground Grand Prize Winner and/or Team Members under 18 years of age whom they accompany, for that part of the Grand Prize which comprises the Samsung Adappt Bootcamp, including travel to and from Melbourne, Victoria, accommodation and attendance at a digital agency, and any prior or subsequent attendance at mentoring, workshop, training or promotional activities, or other events in connection with this Promotion. 16. If the Big Ideas: Common Ground Grand Prize Winner or any one of their Team Members is under 18 years of age on 3 December 2015 a Guardian of any one of the Big Ideas: Common Ground Grand Prize Winner or Team Members must accompany the Big Ideas: Common Ground Grand Prize Winner and Team Members to the Samsung Adappt Bootcamp in Melbourne, and must execute an agreement in the form described in clause 15.b. For clarity, if the Big Ideas: Common Ground Grand Prize Winner and their Team Members are all over 18 years of age on 3 December 2015, a Guardian of any one of theirs in not entitled to attend the Samsung Adappt Bootcamp in Melbourne, Victoria, and provision of travel, accommodation and meals for a Guardian shall not be included in the Big Ideas: Common Ground Grand Prize Winner's Grand Prize. 17. Domestic travel aspects of the Grand Prize must be booked and completed as specified by the Promoter and/or the Sponsor. All costs associated with travel and accommodation which are not specified as included in the Grand Prize, including, without limitation, transfers to and from airports of origin, travel insurance, luggage excess costs, inflight purchases, accommodation purchases and other additional costs, are the responsibility of the Big Ideas: Common Ground Grand Prize Winner, their Team Member(s) and/or their Guardian, as applicable. The Big Ideas: Common Ground Grand Prize Winner, their Team Members and/or Guardian (as applicable) are responsible for ensuring they have all necessary documents to travel to Melbourne. For clarity, unless the Promoter and/or Sponsor agrees otherwise (in their absolute discretion), the Big Ideas: Common Ground Grand Prize Winner, their Team Members and/or Guardian (as applicable) must travel on the same flights and stay at the same accommodation. 18. The Big Ideas: Common Ground Grand Prize Winner is responsible for all ancillary costs associated with each aspect of their Grand Prize which comprises the Sponsor's products or other products including, but not limited to, costs in connection with accessories, network services of any description such as data, telephone or television services or installation costs. 19. If, by 5:00pm (AEDT) on Friday, 24 July 2015, the Big Ideas: Common Ground Grand Prize Winner: a. is not contactable; b. forfeits or fails to accept their Grand Prize; c. fails or refuses to execute an agreement of the type described in clause 15.a, or if under 18 years of age, a Guardian of theirs fails or refuses to execute an agreement of the type described in clause 15.a;

6 d. if under 18 years of age, does not have a Guardian, or does not have a Guardian of a Team Member, who agrees to an agreement of the type described in clause 15.b, or who agrees to travel to Melbourne, Victoria as part of the Grand Prize; or e. is unable to satisfy these Terms and Conditions, that Big Ideas: Common Ground Grand Prize Winner will be deemed to have forfeited their entitlement to a Grand Prize and a panel of judges comprising representatives of the Promoter, the Sponsor and/or the Promoter's or Sponsor's agents, will determine the next best Entry against the Criteria (which the judges may weigh in their absolute discretion) to be awarded the Grand Prize ("Second Chance Grand Prize Winner"). The Second Chance Grand Prize Winner will be notified by and/or telephone within two (2) days of their selection as the Second Chance Grand Prize Winner. 20. If, within seven (7) days of their selection, the Second Chance Grand Prize Winner: a. is not contactable; b. forfeits or fails to accept their Grand Prize; c. fails or refuses to execute an agreement of the type described in clause 15.a, or if under 18 years of age, a Guardian of theirs fails or refuses to execute an agreement of the type described in clause 15.a; d. if under 18 years of age, does not have a Guardian, or does not have a Guardian of a Team Member, who agrees to an agreement of the type described in clause 15.b, or who agrees to travel to Melbourne, Victoria as part of the Grand Prize; or e. is unable to satisfy these Terms and Conditions, that Second Chance Grand Prize Winner will be deemed to have forfeited their entitlement to a Grand Prize. These Terms and Conditions apply to a Second Chance Grand Prize Winner as if they were a Big Ideas: Common Ground Grand Prize Winner. A Grand Prize deemed to have been forfeited after 5:00pm (AEDT) on Wednesday, 25 November 2015 will not be awarded to another Eligible Entrant. 21. If a Team Member: a. fails or refuses to execute an agreement of the type described in clause 15.a, or if under 18 years of age, a Guardian of theirs fails or refuses to execute an agreement of the type described in clause 15.a; b. if under 18 years of age, does not have a Guardian, or does not have a Guardian of the relevant Grand Prize Winner or another Team Member, who agrees to an agreement of the type described in clause 15.b, or who agrees to travel to Melbourne, Victoria as part of the Grand Prize; or c. is unable to satisfy these Terms and Conditions as they apply to Team Members, that Team Member will be excluded from the Grand Prize and all rights and entitlements in respect of that Team Member will be severed from these Terms and Conditions. For clarity, if a Team Member is excluded, the Big Ideas: Common Ground Grand Prize Winner may remain eligible to receive and participate in their Grand Prize. 22. The Grand Prizes may be subject to change at any time at the absolute discretion of the Sponsor and the Promoter. The Grand Prizes are non- transferable and must be taken as stated. No compensation will be

7 payable if a Winner is unable to use or receive any aspect of their Grand Prize. No aspect of a Grand Prize is exchangeable or redeemable for cash and the Promoter and the Sponsor will not be liable for any damage, loss or delay in delivering any aspect of a Grand Prize. 23. It is the responsibility of each Winner to provide their correct mailing address and personal information in order to receive those aspects of their Grand Prize, such as the Sponsor's products or other products, which require delivery. The Promoter will only deliver such aspects of Grand Prizes to Australian addresses and will arrange for delivery within thirty (30) days from complete acceptance by the Winner of their Grand Prize in accordance with these Terms and Conditions (including but not limited to compliance with clauses 15, 18, 19 and/or 20, as applicable). Delivery of heavy items may take longer. Grand Prizes which are products will only be delivered on weekdays which are not public holidays and each Winner must allow a four (4) hour period or "window" in which delivery will occur. 24. 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 or the Sponsor, including, but not limited to, technical difficulties, unauthorised intervention or fraud, the Promoter and the Sponsor reserve the right, in their absolute discretion, to the fullest extent permitted by law to: (a) disqualify any Eligible Entrant; or (b) subject to any written directions from a regulatory authority, modify, suspend, terminate or cancel the Promotion, as appropriate. 25. Any costs and expenses associated with the preparation of an Entry, or visiting the Samsung Adappt Website for the purpose of submitting an Entry, are the responsibility of each Eligible Entrant. The Promoter and the Sponsor make no guarantee as to the availability of the web services and will not be held responsible for interruption of service that may interfere with the ability of a person to participate in the Promotion. 26. Subject to clause 27, the Promoter and the Sponsor (including its officers, employees and agents) exclude 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter s or the Sponsor s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or Grand Prize that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter or the Sponsor; (d) any act or omission of the Promoter, Sponsor or agent in connection with the Samsung Adappt Bootcamp (including but not limited to travel to and from, and accommodation in, Melbourne, Victoria; (e) any variation in a Grand Prize's value; (f) any tax liability incurred by an Eligible Entrant, Big Ideas: Common Ground Grand Prize Winner, Second Chance Grand Prize Winner, Team Member or Guardian; or (g) any use of any of a Grand Prize. 27. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into these Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's and the Sponsor s liability for breach of such a condition, warranty, other term or guarantee is limited (at the Promoter's and the Sponsor s election), to the extent they are able to do so: (a) in the case of supply of goods, the Promoter or the Sponsor doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Promoter or the Sponsor doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.

8 28. The Promoter and Sponsor collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to, agents, contractors, service providers and, as required, Australian regulatory authorities. The Promoter and Sponsor may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning Eligible Entrants. The eligibility of each Entry is conditional on providing this information. Eligible Entrants should direct any request to opt out, access, update or correct personal information to the Promoter's or Sponsor's privacy officer (as applicable), whose respective details are provided at the end of these Terms and Conditions, or through, respectively, or These Terms and Conditions are deemed to incorporate the Promoter's privacy policy, available at and- conditions/privacy- policy/, and the Sponsor's privacy policy, available at Each Eligible Entrant (or their Guardians, if applicable) consent to that Eligible Entrant's image, a reference to their name and submitted Entry being used or printed on an ongoing basis in the Promoter s or the Sponsor s publications, whether in digital or other media formats including, but not limited to, websites, Facebook, Instagram, newsletters and newspaper publications ("Content") without remuneration. Without limiting the effect of any agreement entered into in accordance with clause 15, Winners consent to the Promoter and the Sponsor interviewing and/or arranging for photographs and/or video footage to be taken during the Samsung Adappt Bootcamp or other events, for promotional and fundraising purposes in Content. Eligible Entrants also agree to be available from time to time, upon reasonable request, for Samsung Adappt marketing activities and presentations for the Promoter, and each Eligible Entrant agree to acknowledge the Samsung Adappt program in any such public relations or promotional activities. 30. Eligible Entrants agree not to do anything which may cause any damage to the goodwill, name or reputation of the Promoter or the Sponsor, its employees, directors, instructors, members, servants or agents, or any other supplier in connection with this Promotion. 31. Nothing in these Terms and Conditions constitutes, or will be deemed to constitute, a relationship of employer and employee between any one of the Promoter, the Sponsor and/or an Eligible Entrant, or a partnership or agency relationship between any one of the Promoter, the Sponsor and/or an Eligible Entrant. Eligible Entrants do not have any right or authority to, and must not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation of any kind, whether express or implied, on behalf of the Sponsor or the Promoter or bind the Sponsor or the Promoter in any way. 32. The laws of the State of Victoria, Australia, govern these Terms and Conditions and the parties agree to submit to the non- exclusive jurisdiction of courts of that State. General contact details for the Promoter are: adappt@samsung.com Phone: Promoter's Privacy Officer Phone: (02) info@fya.org.au Sponsor's Privacy Officer Phone: (02) privacy.au@samsung.com Post: C/O - The Privacy Officer Samsung Electronics Australia Pty Limited, 8 Park View Drive

9 Homebush Bay, NSW 2127 Australia