Stress Campaign - Terms & Conditions
- Information on how to participate in the ReachOut.com “Simon Says Relax, and so do we” (Simon Says Relax) competition forms part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
- Participation is only open to Australian residents aged 25 years or under. If a participant is under the age of 18, they must obtain their parent’s or legal guardian’s consent for participation in this competition and approval of these Terms and Conditions before submitting an entry.
- Participants agree that they are fully responsible for the material that they submit into this competition. Participants acknowledge that the Promoter, in its absolute discretion, may remove any photo entry and/or Tip from display at any time for any reason whatsoever, including but not limited to, where the Promoter reasonably suspects the photo entry and/or Tip does not comply with these Terms and Conditions. Notwithstanding the Promoter’s right to remove any photo entry or Tip at any stage, the terms and warranties as set out in these Terms and Conditions will still apply. The Promoter will not be liable in any way for any material submitted by participants to the full extent permitted by law.
- The competition commences at midday 12.00 pm, (AEDT) on 26th October 2011 and ends at 5pm (AEDT) on 25th November 2011 (Campaign Period). All entries must be submitted and uploaded by the Campaign Period closing date and time. Voting period will commence at midday 12.00 pm (AEDT) on 26th October 2011 and end at 5pm (AEDT) on 25th November 2011. Any entry received after the Campaign Period will be deemed invalid and will not be reviewed and considered for use in the competition. No responsibility is accepted for late, lost, delayed or misdirected entries.
- You can enter the competition through Reach Out Australia’s Simon Says Relax Application on the Facebook Platform. You can also find the application on the Simon Says Relax tab on Reach Out Australia’s Page on Facebook. To enter, participants must, during the Campaign Period:
- submit a “stress less” or relaxation tip using less than 125 characters (Tip);
- take an original photograph containing or featuring their Tip in an original and creative location (when taking the photograph participants must (i) comply with all applicable laws and regulations; (ii) not cause any damage, injury, harm or loss; and (iii) not deface public property or engage in activities that are harmful to themselves or others); and
- complete the entry form (including submitting the Tip) and submit the original digital photograph (with a maximum file size of 1 MB) via the Simon Says Relax Application, hosted on http://www.facebook.com/ReachOutAUS.
- The Promoter will not be liable for any damage or loss (including property damage and personal injury) arising in connection with this competition.
- The photo entries will then be published in a gallery at http://www.facebook.com/ReachOutAUS within the Reach Out Australia Simon Says Relax Application where each entry can receive votes.
- Each person may place a maximum of one vote for each entry in the gallery, however they can vote for as many entries in the gallery as they want.
- The photo entry with the most votes from Facebook users as at 5pm (AEDT) 25th November 2011 (Top Entry) will win a prize. A second entry, chosen by the Inspire Foundation based on originality and creativity will also win a prize (Promoter’s Choice). The prize for each of these entries will be a $250 (incl GST) pre-paid visa card (Universal Gift Card). Visa Universal Gift Card terms of use apply (https://universalgiftcard.com.au/terms.aspx) The Universal Gift Card will be issued in the name of the entrant as provided on the entry form.
- The Promoter will review all entries and will select the entries (based on originality, creativity and relevance for Reach Out promotional material or merchandise) to have their Tip or photograph incorporating their Tip appear in Reach Out promotional material including merchandise (Selected Entries). The amount of votes each of the entries received will not determine the Selected Entries. It will be at the Promoter’s discretion as to how the Selected Entries (including photo and/or Tip) will be used to appear in Reach Out’s promotional material and if the Top Entry or the Promoter’s Choice will be one of the Selected Entries. Participants acknowledge and agree that if their entry is one of the Selected Entries, any use of their entry in promotional materials by the Promoter will not include an attribution to the participant as its creator.
- The Promoter’s decision in relation to all aspects of the competition is final and no correspondence will be entered into. The Promoter may determine, in its absolute discretion, not to allow any person to participate in this competition.
- Participants may enter multiple times as long as each entry includes a different original photograph taken by that participant on the basis of a different Tip.
- Participants are responsible for ensuring all personal information entered in the entry form is correct and complete. The Promoter is not responsible for any consequences of a participant providing incorrect information on their entry form. The name of the Top Entry and Promotor’s Choice winners and, the Selected Entries, will be listed on http://au.reachout.com/ website from Monday 28 November and may be listed on ReachOut.com’s social media pages (including on Facebook, Twitter, Flickr and YouTube) as well as websites and social media pages of those organisations that have helped support the competition.
- The Promoter reserves the right to request that a participant provide proof of identity, proof of age and/or proof of entry validity. Proof considered suitable for verification is at the discretion of the Promoter.
- Each participant grants a non-exclusive, perpetual, royalty free licence to the Promoter (and their licensees) to use their photo entry and/or Tip in any media worldwide and consents to the Promoter (and their licensees) using the participant’s entry, without attribution to the participant or payment for use of the participant’s entry on the Reach Out Australia Facebook page, the ReachOutAus YouTube channel and associated YouTube pages, the ReachOut_Aus Twitter feed, the Reach Out web site, and other social media and media websites associated with the Promoter, its affiliates, and for internal promotional purposes.
- Each participant warrants and agrees that:
- the participant has taken the photograph themself;
- the participant has written the Tip themself;
- the participant is entitled to reproduce and exploit all of the underlying works in the photo entry (including the Tip);
- the participant has obtained from each person appearing in the photo entry or having rights to the underlying works in the photo entry (including the Tip) authorisation to use that person’s image or their works in the photo entry for use in this competition and, if required by the Promoter, will obtain written confirmation of this consent;
- the participant will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the participant is the owner of such rights;
- the photo entry and the Tip have not been previously published in any other forum;
- they will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, not suitable for children aged under 15, or encourages, evidences or indicates conduct that would be considered a criminal offence, gives rise to civil liability, or violates any law; and
- the photo entry (including the Tip) will not contain viruses or cause injury or harm to any person or entity.
- Each participant warrants that they have not granted rights to their photo entry or the Tip to any other person which are inconsistent with the rights granted to the Promoter.
- To the fullest extent permitted under the Copyright Act 1968 (Cth), each participant consents to the Promoter (and their licensees) doing or omitting to do anything to their photo entry and/or Tip which may infringe any of their moral rights including:
- not attributing authorship to the participant;
- falsely attributing authorship of the photo and/or Tip; and
- subjecting the photo and/or Tip to derogatory treatment (including reproducing, editing and altering the photo and/or Tip).
- As a condition of accepting the prize, each participant in the competition agrees to:
- participate in all promotional activity (such as publicity and photography) surrounding the selection of their entry, free of charge, and they consent to the Promoter (and their licensees) using their name, image and Tip and/or photo entry in promotional material and merchandise; and
- irrevocably and unconditionally assign to the Promoter all of his/her right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to their photo entry and Tip and to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter and warrant the originality of the photo entry (including the Tip). This document may include other provisions that the Promoter deems relevant.
- Each participant acknowledges and agrees that if their photo entry is one of the Selected Entries, the Promoter (and their licensees) have the right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, the photo entry or Tip in any media including the internet, without any further consultation, reference, payment or any other compensation to the participant.
- The Promoter reserves the right to remove, without notice to the participant, any photograph or Tip which in the Promoter’s opinion is or may be in breach of any of these Terms and Conditions or Facebook’s Terms of Use or, in the absolute discretion of the Promoter, is in any way offensive or inappropriate. The Promoter reserves the right to not consider any entry which is not in accordance with these Terms and Conditions or Facebook’s Terms of Use or tampers with the participation process or the voting process, or otherwise engages in any unlawful or other improper conduct calculated to jeopardize the fair and proper conduct of this competition.
- Without limiting any other terms, the participant indemnifies the Promoter for any breach of the terms, and irrevocably and unconditionally releases the Promoter from any and all liabilities, claims and demands of any kind or nature, whatsoever in law or equity, whether known or unknown, arising out of or related to the competition, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- Any cost associated with participating in the competition (including accessing the website at which entries may be submitted) are the participant’s responsibility and are dependent on the internet service provider used. The Promoter is not responsible for any problems or technical malfunction of any computer equipment, software, technical problems, traffic congestion, or any combination thereof, or any other technical failures including any damage to participant’s or any other person’s computer related to, or resulting from, participation in this competition or the downloading of any materials related to this competition. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the reasonable control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion or disregard any affected entries or correspondence.
- The personal information participants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may disclose participants’ personal information to its contractors and agents to assist in conducting this competition or communicating with participants. The personal information of participants will be stored on the Promoter’s database. If a participant wishes to access, update or correct any of their personal information, they should contact the Promoter at the address below. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter. If the participant has marked the “opt-in” box on the entry form, the participant consents to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter’s services including contacting the participant via electronic messaging.
- Each participant completely releases Facebook from all liability in relation to this promotion, and each participant acknowledges that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each participant acknowledges that he or she is providing information to the Promoter and not to Facebook.
- The Promoter is: The Inspire Foundation, Ground Floor, 97 Church Street, Camperdown NSW 2050 ABN 27 075 428 787.
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