DANGEROUS DESIGNS PROMOTION TERMS AND CONDITIONS
1. The promoter is Forest and Wood Products Australia Ltd (ABN 75 127 114 185) of Level 11, 10-16 Queen Street, Melbourne, VIC 3000 (“Promoter”).
WHO CAN ENTER
2. There will be two (2) classes (each a “Class”) under which individuals can enter this promotion:
a) Open Class: Entry into this Class is only open to Australian residents. Entries can be submitted by a single person (“Individual”), or as part of a team of up to three (3) eligible people (“Team”). If entering as a Team, each Team must nominate one person to act as their Team leader (“Team Leader”). For the sake of clarity, each member of a Team in the Open Class must be an Australian resident; and
b) Student Class: Entry into this Class is only open to Australian residents who are enrolled as a student at a recognised university or TAFE institution in Australia. Entries can be submitted by an Individual or a Team. If entering as a Team, each Team must nominate a Team Leader. For the sake of clarity, each member of a Team in the Student Class must be an Australian resident enrolled as a student at a recognised university or TAFE institution in Australia.
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.
HOW TO ENTER
5. Entries open on 1/8/2016 and close at 11:59pm AEST on 30/09/2017(“Promotional Period”). Entries for the next period will be accepted after that date.
6. To be eligible to enter, Individuals/Teams must use wood and/or wood products as the predominant or a significant material to create a design proposal for a product (“Design”), using text descriptions, sketches, photographs and/or videos, in one (1) of the following four (4) categories:
a) Eat, Sleep, Play Category: home furniture, recreation, entertainment, toys, or community facilities;
b) Go Category: transport or travel;
c) Work Category: work/study furniture, workplaces, or storage; OR
d) Build Category: structures, structural applications, materials, packaging, connections, or systems. (each a “Category”).
7. To enter, Individuals or Team Leaders on behalf of a Team (as applicable) must then complete the following steps during the Promotional Period:
a) visit www.dangerousdesigns.com.au and follow the prompts to the promotional entry page;
b) input the requested details (including but not limited to their full name, their valid personal/university/TAFE email address, the full name and personal/university/TAFE email address of each additional person on their Team (if applicable), and their Team name (if applicable). Team Leaders must submit these details on behalf of and with the consent of each person in their Team;
c) specify which Class they are entering under (i.e. Open Class or Student Class);
d) specify the Category in which they are entering;
e) provide an entry name in 5 words or less;
f) provide an overview description of the Design in 25 words or less;
g) provide a full description of their Design in 500 words or less, describing the design, how it relates to the Category they are entering, and how it relates to the Judging Criteria outlined in clause 10);
h) attach up to ten (10) media files demonstrating the Design (such as sketches, photographs and/or videos). Individuals must submit at least one (1) photograph/sketch to be nominated as the cover image for their Design. A maximum of 5MB in Media Files can be uploaded, with a maximum of one (1) video file;
i) confirm they (and their Team members where applicable) are the owner of their Design and all content featured within it by ticking the relevant tick box;
j) confirm they would like to be contacted by third parties interested in commercialising their Design by ticking the relevant tick box;
k) agree to the Terms and Conditions by ticking the relevant tick box;
l) submit the fully completed entry form. By submitting an entry form, each person listed on the entry form (i.e. the Individual or the Team Leader and each of their Team members, as applicable) will be subscribed to Dangerous Designs (if they are not already subscribed).
Each Individual and each member of a Team warrant to the Promoter that the entry, the Design and any other content submitted in an entry is an original creative work of the Individual or the members of the Team (as applicable) that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 33.
8. Upon completion of the above steps, and subject to verification by the Promoter, entries will then be uploaded onto the Dangerous Designs Facebook (at https://www.facebook.com/DangerousDesignComp) and Dangerous Designs Instagram account (at https://www.instagram.com/dangerousdesignscomp) for public voting. All entries will be reviewed by the Promoter for compliance with these Terms and Conditions. Entries that contain prohibited or inappropriate content, or is otherwise in breach of these Conditions of Entry, as determined by the Promoter, will at the discretion of the Promoter be removed from the Facebook Page and Instagram account. In addition, any Individual/Team that submits such content will not be eligible to win. By submitting an entry (including their Design) in the promotion, Individuals and Teams consent for their entry to be published in accordance with this clause and clause 33.
9. Incomplete, indecipherable, inaudible or illegible entries will be deemed invalid.
10. Multiple entries permitted, subject to the following: (a) Individuals/Teams can only submit each Design once (i.e. the same Design cannot be submitted in both the Open Class and Student Class); (b) each Design must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements
11. Entries will be individually judged by the Promoter based on the following five (5) criteria (each a “Judging Criteria”):
a) originality and interestingness of the Design;
b) how well wood and/or wood products were used in the Design;
c) relevance (i.e. usefulness and/or desirability, value and commercial potential) of the Design;
d) design (i.e. elegance and craft of Design); and
e) Sustainability (i.e. recyclability, carbon footprint, and energy replacement) of the Design.
12. The judges will award each entry with a score of up to twenty (20) points for each Judging Criteria (each a “Criteria Score”), for a total of up to one hundred (100) points overall (“Overall Score”).
MINOR PRIZE WINNERS (UP TO 12 PRIZES TOTAL)
13. Several judging rounds will be organised throughout the promotional period as soon as a minimum of 20 entries have been received. $500 will be awarded to the best submission in each section, Student and Open, out of the total of minimum 20 entries submitted in-between the judging rounds. Within a promotional period a maximum total of 12 minor prizes will be awarded.
14. The entries received in each Minor Entry Period will each be further divided into two (2) groups based on the Class under which the entry was submitted (i.e. Open Class or Student Class). In the event that less than twenty (20) entries are received under a particular Class in a single Minor Entry Period, a prize will not be awarded in that Class for that Minor Entry Period, and those entries will roll over into the next Minor Entry Period for that Class.
15. Subject to clauses 14 and 17, the valid entry with the highest Overall Score across all Categories in each Class and in each Minor Entry Period (compared to all other entries received in that Class during that Minor Entry Period) will each win $500 (“Minor Prize”). The Minor Prize will be awarded in the form of a direct deposit to the bank account of the Individual (if an Individual entry was submitted) or to the Team Leader (if a Team entry was submitted). The Team Leader will then be responsible for dividing the Minor Prize equally among all Team members.
16. The winners will be notified by email.
17. In the event of a tie between two (2) or more entries for any Minor Prize, the tied entry that received the highest Criteria Score for originality and interestingness of the Design (compared to all other tied entries) will be the winner of the relevant prize. In the event of a further tie, the Promoter will judge the tied entries against each other based on the relevance (i.e. usefulness and/or desirability, value and commercial potential) of the Design, and the best valid entry (as determined by the Promoter) will win the relevant prize.
OVERALL PRIZE WINNER (1 PRIZE TOTAL)
18. At the end of the Promotional Period, the judges’ scores, with the points awarded Sustainability doubled, for all winning entries as decided during the judging rounds across all Minor Entry Periods in both Classes, will be used to determine the Overall Prize winner. In the event of a tie, the tied winners will divide and share the prize in equal proportions.
19. The best valid entry, as determined by the judges, will win $10,000 (“Overall Prize”). The Overall Prize will be awarded in the form of a direct deposit to the bank account of the Individual (if an Individual entry was submitted) or to the Team Leader (if a Team entry was submitted). The Team Leader will then be responsible for dividing the Overall Prize equally among all Team members.
20. The winner will be notified by email.
THE PEOPLE'S CHOICE SUR(PRIZE) (1 PRIZE TOTAL)
21. At the end of the Promotional Period, the Promoter will tally up the number of ‘likes’ each entry received on the Dangerous Designs Facebook Page and Instagram account (“Likes Total”).
22. Subject to clause 23, the entry with the highest Likes Total (compared to all other entries) will win a trip to Melbourne, Vic for two (2) or three (3) people, valued at up to $5500 depending on date and point of departure (“People’s Choice Prize”). The People’s Choice Prize includes the following components for either two (2) people (if the winner is an Individual or a Team made up of two (2) members) or for three (3) people (if the winner is a Team made up of three (3) members):
a) return economy airfares from the winner’s nearest Australian capital city to Melbourne, Vic (only provided if winner resides outside of Vic). If the winner is from Vic, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;
b) tickets to the 2017 Australian Timber Design Awards at the Melbourne Museum on Wednesday October 25th
c) two (2) night’s accommodation at the quirkily adventurous QT Hotel in Melbourne; and
d) $200 per person meal allowance, awarded in the form of a direct deposit to the winner’s bank account (i.e. the Individual or the Team Leader).
23. Additional spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the 2017 Australian Timber Design Awards on a date yet to be confirmed, and is subject to booking and flight availability. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. Itinerary to be determined by the Promoter in its absolute discretion. The prize takers must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The prize takers may be required to present their credit card at time of accommodation check in.
24. In the event of a tie between two (2) or more entries for the highest Likes Total, the Promoter will judge the tied entries against each other based on the originality and interestingness of the Design, and the best valid entry (as determined by the Promoter) will win the People’s Choice Prize.
25. If the People’s Choice Prize winner is unable to attend the ATDA on the stipulated dates, they will forfeit the prize and it will be awarded to entry with the next highest Likes Total. This, and any subsequent winners (if applicable), will be subject to the same attendance provisions.
26. Information on how to enter, judging, winner selection and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
27. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence and student status) 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.
28. 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.
29. If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
30. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
31. Total prize pool value is up to $21,500.
32. Prizes, or any unused portion of a prize, are not transferable or exchangeable.
33. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Designs (“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) the Content is the original work of the entrant(s) 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 entrant agrees to indemnify the Promoter for any breach of the above terms.
34. 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.
35. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) 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.
36. 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.
37. Any cost associated with preparing and producing the Designs or accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
38. 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.
39. 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) taking/use and/or participation in a prize.
40. As a condition of accepting a prize, each winner (i.e. the Individual or each member of a Team,, as applicable) may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.