Art Footy T&C’s

#artfooty Competition (2016)

TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these Conditions of Entry. Participation in this Competition is deemed acceptance of these Terms and Conditions.
  2. Entry is open only to legal residents of Australia who are under 18 years of age. Persons entering the Competition require their parent’s or legal guardian’s permission. The Promoter reserves the right to request this consent in writing. If consent in writing is requested, the winner’s nominated parent/legal guardian will be required to include the words “in consideration of AFL agreeing to admit the Entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion” in such written consent. Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Competition, are ineligible to enter (“Eligible Entrants”).
  3. Immediate family means any of the following: spouse, ex-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.
  4. Competition commences on 28 September 2016 at 12:00pm and closes on 30 September 2016 at 7:00pm (the “Competition Period”). All times in these Terms and Conditions are expressed in the local time in Melbourne, Australia.
  5. To enter this Competition, during the Competition Period Eligible Entrants must:
    1. visit the “Art Play” stall within the Toyota AFL Grand Final Live Site area in Yarra Park,  outside Gate 3 of the Melbourne Cricket Ground (“the Site”).  The Site is expected to be open on Wednesday, September 28 between 12pm and 5pm; Thursday, September 29 between 10am and 7pm; and Friday, September 30 between 10am and 7pm;
    2. colour in an “Art Play” football at the Site (“the Footy”); and
    3. post a photo of the Footy to their personal Instagram account with the hashtag #artfooty (“Post”).  The Eligible Entrant may make the Post using his/her parent’s or legal guardian’s Instagram account.
  6. The Promoter reserves the right, at any time, to invalidate any entries (and entrants who submit or cause those entries to be submitted) which it reasonably suspects have been submitted: (a) using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information; (b) through the use of multiple identities, email addresses or accounts; and/or (c) in any way in contravention of these Terms and Conditions.
  7. Incomplete, illegible or incorrect entries, or those which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, will be deemed invalid.
  8. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
  9. The Promoter reserves the right, at any time during, or after the closing date of the Competition, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s age, identity and place of residence) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  10. Entries are deemed to be entered at the time an Eligible Entrant successfully uploads the Post to Instagram. Any cost associated with entering the Competition is the Eligible Entrant’s responsibility. The Post must be uploaded by the end of the Competition Period.
  11. Eligible Entrants must ensure their privacy settings on their Instagram account is set to “public” so that the Promoter can view the post.
  12. All entries become the property of the Promoter. Each entrant warrants that he/she has the right to transfer these things to the Promoter. The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials. The Promoter’s decision in relation to any aspect of these Terms and Conditions and the Competition is final and binding on every person who enters. No correspondence will be entered into.
  13. The Promoter reserves the right to request the Eligible Entrant’s parent or legal guardian consent to the Eligible Entrant’s entry into this Competition in writing. If consent in writing is requested, the winner’s nominated parent/legal guardian will be required to include the words “in consideration of AFL agreeing to admit the Eligible Entrant into this Competition, [name of Parent or Guardian] agrees to be bound by the Terms and Conditions of entry into the Competition” in such written consent.
  14. This Competition is a game of skill and chance plays no part in determining the winner. Each valid entry will be individually judged by representatives of the Promoter on the basis of creativity and originality by 4 October 2016. No correspondence will be entered into.
  15. The best entry as judged by the Promoter will win an AFL Shop online voucher to the value of $100 to be used at www.shop.afl.com.au. Where the winner is under 18 years of age the prize will be awarded to the winner’s nominated parent or legal guardian on the winner’s behalf. Minors may use prizes (where prizes are available for use by a minor), but they must have consent from their parent or legal guardian (which the Promoter may request in writing).  By accepting these Terms and Conditions the winner agrees to accept the terms and conditions of the AFL Shop online voucher.
  16. The prize winner will be contacted and notified in writing via their Instagram account within 2 days of the judging. The winner’s name and State of residence may be published within 2 days of the judging at http://www.afl.com.au and may also be announced via social media including but not limited to Instagram by the Promoter. By entering this Competition, each Eligible Entrant requests that his/her full address not be published.
  17. The maximum amount of prizes is one (1). The total value of the prize pool of the Competition is up to $100.
  18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers.
  19. The Promoter and its related bodies corporate will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Competition or accepting or using the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  20. Without limiting the previous paragraph, the Promoter and its related bodies corporate will not be liable for any damage to or delay in transit of the prize. Prizes will be sent to the winners by post once the winners have confirmed their acceptance of the prize to the Promoter.
  21. Prizes and participation in the Competition are subject to any conditions imposed by the supplier or organiser of the prizes, as applicable, subject to the approval of the relevant authorities, if required.
  22. The Promoter may require a winner to provide identification as requested by the Promoter including (without limitation) proof of identity and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
  23. If this Competition 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
    1. To disqualify any Eligible Entrant; or
    2. Subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
    3. 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, subject to any written directions from a regulatory authority.
  24. 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 and the AFL (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury or death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion or accepting or using the prize.
  25. The winner must claim his/her acceptance of the prize via email to the Promoter by 5.00pm on 6 January 2017. If any prize is not claimed by 00pm on 6 January 2017, the relevant winner’s entry will be deemed invalid and the Promoter may select an alternative winner. The Promoter will attempt to contact any alternative winner via their Instagram account on 9 January 2017 and the name of any alternative winner may be published on www.afl.com.au on 10 January 2017 and may also be announced via social media including but not limited to Instagram by the Promoter. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value, subject to the approval of the relevant authorities, if required. The prize remains the property of the Promoter until claimed by the prize winner.
  26. Should an Eligible Entrant’s contact details change during the Competition Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
  27. The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error that may occur in the course of the administration of this 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.
  28. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
  29. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to the approval of the relevant authorities, if required.
  30. All entries remain the property of the Promoter. The Promoter may collect Eligible Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Eligible Entrant may not participate in the Competition. By entering the Competition, unless otherwise advised, each Eligible Entrant also agrees that the Promoter, the Promoter’s employees, related companies and agents, may use this information, in any media for future promotional purposes, marketing, publicity, research and profiling purposes without any further reference, payment or other compensation to the Eligible Entrant, including sending the Eligible Entrant electronic messages and telephoning the Eligible Entrant.
  31. All personal information you provide will be used by the AFL in accordance with the AFL’s Privacy Policy available at afl.com.au/privacy and may be disclosed by the AFL in accordance with the AFL’s Privacy Policy (including for promotional and marketing purposes). By providing your personal information, you agree to such use by the AFL. By entering into the Competition you indicate you have read and agree to be bound by the AFL Privacy Policy. Any reference to the AFL in these Terms and Conditions refers to the Australian Football League (ABN 97 489 912 318)
  32. The Promoter is the Australian Football League (ACN 004 155 211) of 140 Harbour Esplanade, Docklands, Victoria 3008. A reference to the “AFL” means the Australian Football League (ACN 004 155 211).
  33. If due to any reason whatsoever the Promoter becomes aware after an Eligible Entrant has won a prize that the Eligible Entrant has not complied with these Terms and Conditions, that Eligible Entrant will have no entitlement to the prize, even if the Promoter has announced him/her as the winner and that Eligible Entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
  34. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Competition results in, for GST purposes, supplies being made for non-monetary consideration, Eligible Entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
  35. Each Eligible Entrant must ensure that any other person whose details have been provided by the Eligible Entrant to the Promoter and/or the AFL for the purposes of the Eligible Entrant’s participation in this Competition has given their implied or express consent for their details to be provided to the Promoter and any of its related companies and to be contacted by the Promoter and/or the AFL or any of their related companies in relation to this Competition.
  36. Unless the contrary intention appears, a reference in these Terms and Conditions or in any advertisement relating to this Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. All references to dollar amounts are inclusive of goods and services tax (GST).
  37. Any costs associated with participating in the Competition and using the prize are the responsibility of the Eligible Entrant.
  38. The Competition is governed exclusively by the laws of Australia.
  39. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by or associated with Instagram whatsoever. Any information provided as part of the Competition is provided to the Promoter and not to Instagram. Entry into the Competition is deemed acceptance of the terms and conditions of use and related rules of Instagram. Entrants completely release Instagram, from any and all liability in connection with this Competition.