ENTRY
1. This document contains the terms and conditions of entry (Terms) into the Collingwood AFL Sir Doug Nicholls Round Guernsey Design Competition (Competition). Entry into this Competition is deemed acceptance of these Terms.
2. The Promoter is Collingwood Football Club (Promoter) of Olympic Boulevard and Batman Avenue, Olympic Park, Melbourne (Holden Centre). To contact the Promoter, please call +613 8412 0000.
3. Entries into the Competition will open at 5:00pm Australian Eastern Standard Time (AEST) on Saturday 21 August 2021 and will close at 11:59 pm AEST on Friday 17 September 2021 (Competition Period). All entries for the 2022 and 2023 Competition must be received by the Promoter during the Competition Period.
4. Entry is open to all residents of Australian States and Territories aged over eighteen (18) years old at the time of entry, or minors with parental/guardian consent. All entries with connections to Collingwood Football Club (including employees, directors or officers of the Promoter, or their immediate families) must provide their information to ensure a clear and transparent process is undertaken. '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, guardian, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
5. To the extent permitted by law (including the Australian Consumer Law), if the competition is not capable of running as planned including by reason of technical failure, fraud or any cause beyond the Promoter's control, the Promoter may cancel or suspend the competition or invalidate any affected entries.
ENTRY CONDITIONS
6. An individual or a collective group of individuals (Entrant) may enter the competition.
7. To enter into the Competition, the Entrant must, during the Competition Period, submit an application form along with their artwork (Artwork) online at www.collingwoodfc.com.au or via post to the Holden Centre, addressed to the Collingwood Football Club Aboriginal and Torres Strait Islander Programs Manager.
8. If the Entrant is a collective group, the Entrant must, on the application form, nominate one individual member of the group who will receive the prize in the event that Entrant wins the Competition (Main Contact).
9. When a valid entry in accordance with these Terms is received by the Promoter, the Entrant has entered the Competition.
10. By entering the Competition, the Entrant acknowledges that they have read these Terms, and they agree to be bound by them.
11. There is no cost to enter. However, any costs incurred in entering the Competition, such as postage costs, are the responsibility of the Entrant and such costs will not be reimbursed by the Promoter.
12. If an Entrant submits their Artwork via post, the Entrant must contact the Collingwood Football Club Aboriginal and Torres Strait Islander Programs Manager if that Entrant wishes to have their Artwork returned to them.
13. The Promoter, subject to State and Territory legislation, reserves the right not to accept an entry for any Entrant or to disqualify an Entrant if the Promoter considers that Artwork contains anything defamatory, or is otherwise inappropriate, or is not submitted in accordance with these Terms. The Promoter reserves the right to verify the validity of entries (including an Entrant’s identity, age and place of residence). The Promoter reserves the right (subject to State and Territory legislation) to disqualify any Entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Terms.
PRIZES
14. Entrants will receive one (1) entry into the running for the 2022 and 2023 Competition prize when they submit their valid entry.
15. The 2022 winner of the Competition and the 2023 winner of the Competition (each a Winner) will be decided by an independent panel at the Holden Centre at 12:00pm on Tuesday 21 September 2021 (Independent Panel Decision), who will look to select the most impressive piece, best showcasing the values of Collingwood Football Club and the Sir Doug Nicholls Round.
16. For clarity, both the 2022 Winner and the 2023 Winner will be selected in the Independent Panel Decision on 21 September 2021.
17. If the Winner is a collective group, the prize will be awarded to the Main Contact, who may further distribute the prize within the group as they see fit. If the Winner is an individual, the prize will be awarded to that individual.
18. The prize is:
· 1 x cash payment of $3,500 AUD (excluding GST), to be paid via Electronic Funds Transfer (bank account details must be provided by the Main Contact);
· 1 x signed Collingwood Magpies Netball dress, valued at $200 AUD;
· 1 x framed Collingwood Football Club Guernsey, signed by various members of the Collingwood Football Club AFL men's team of either 2022 or 2023, valued at $595 AUD;
· 2 x tickets to the Sir Doug Nicholls Round Presidents Function, to take place at a Collingwood Football Club Home & Away Season home game in the Sir Doug Nicholls Round or either 2022 or 2023 on a date to be determined by the Australian Football League (AFL), valued at $450 AUD each;
· 2 x Collingwood Football Club RS Plus Season Ticket Memberships for either 2022 or 2023, valued at $760 AUD each.
(Together, the Prize).
19. In the event that the Winner is a minor, the 2 x tickets to the Sir Doug Nicholls Round Presidents Function will be substituted with 2 x tickets to another Collingwood experience of equal or greater value to be determined by the Promoter.
20. The 2022 Winner will be notified that they have won the Prize by telephone and in writing, within two business days of the Independent Panel Decision, using the email address and mobile number provided in their signed application.
21. The 2023 Winner will be notified that they have won the Prize by telephone and in writing, within one year of the Independent Panel Decision, using the email address and mobile number provided in their signed application.
22. The 2022 Winner’s name will also be published online at www.collingwoodfc.com.au within two weeks of the independent Panel Decision, as well as in AFL media channels and the Promoter's social media platforms.
23. The 2023 Winner’s name will also be published online at www.collingwoodfc.com.au within one year and two weeks of the independent Panel Decision, as well as in AFL media channels and the Promoter's social media platforms.
24. Upon accepting the Prize, the Winner must comply with all the conditions of use of the Prize, as set out in the Terms.
25. The Promoter may record additional reserve entries in order in case a winning entry is invalid, or that Winner is ineligible, or that Winner does not respond within 3 months of being notified that they have won the Prize, or that Winner is not readily identified.
26. The Prize will be sent to the 2022 Winner by 31 December 2022 as follows:
· the Sir Doug Nicholls Round Presidents Function tickets and the Memberships will be sent to the Main Contact by email, as per the email address nominated on their application form;
· the cash payment will be paid to the Main Contact via Electronic Funds Transfer;
· all other components of the Prize will be sent to the Main Contact by post.
27. The Prize will be sent to the 2023 Winner by 31 December 2023 as follows:
· the Sir Doug Nicholls Round Presidents Function tickets and the Memberships will be sent to the Main Contact by email, as per the email address nominated on their application form;
· the cash payment will be paid to the Main Contact via Electronic Funds Transfer;
· all other components of the Prize will be sent to the Main Contact by post.
28. The Promoter’s decision in relation to all aspects of the competition is (subject to State and Territory legislation) final and binding on every Entrant. The Promoter will not enter into any correspondence on this matter.
29. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. At all times, Entrants agree to act in accordance with the Collingwood Football Club's website Terms of Service and other related policies (available at www.collingwoodfc.com.au/privacy and http://go.bigpond.com/pond/termsof-use/ and http://www.cfcfoundation.com.au/privacy-policy/).
30. The Prize (or any element of it) is not transferable or exchangeable, and cannot be taken as cash. If for any reason whatsoever, the Prize (or an element of it) becomes unavailable, the Promoter reserves the right to substitute the Prize (or any element of it) for another prize of the same or greater value.
31. The Promoter accepts no responsibility for any variation in the value of the Prize. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s (including but not limited to the Prize) except for any liability which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter (including, without limitation, technical malfunctions or failures).
32. The Promoter holds no responsibility for incorrect or insufficient details provided by any Entrant. Should an Entrant’s details change, it is the responsibility of the Entrant to provide these details to the Promoter.
GENERAL
33. A limit of one entry to the competition per Entrant during the Competition Period applies.
34. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
35. If an Entrant enters the competition more than once in the Competition Period, that Entrant will be required to nominate one entry to be entered into the Competition.
36. The 2022 Winner is not eligible to be selected as the 2023 Winner.
37. The Promoter is neither responsible nor liable for any late, lost or misdirected entries. All entries are deemed to be received at the time of acceptance by the Promoter into the Competition, and not the time of transmission into the Competition database by the Entrant. The Promoter (subject to State and Territory legislation) 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.
38. 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.
39. The total prize pool for this competition is valued at $6715 AUD (excluding GST).
40. The Promoter reserves the right to disqualify any incomplete, indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights.
41. If requested by the Promoter, the Winner must, in order to receive the Prize (or any element of it) sign and return documents which may include (but not limited to):
a a contract prepared by the Promoter which, inter alia, requires confirmation of the Winner's eligibility to enter the Competition, including the intellectual property rights of the Winner's entry (Contract);
b a statutory declaration confirming compliance with these Terms; and/or
c a release of the Promoter's liability in taking prizes.
42. By participating in this Competition, the Entrant agrees and acknowledges that:
a. they consent to being contacted by the Promoter to provide comments about the Collingwood Sir Doug Nicholls Round and/or the Competition, and they consent to the Promoter (or an agent of the Promoter) taking photographs of the Entrant;
b. the Promoter may use such comments or photographs (the Materials) for the Promoter's future promotional and marketing purposes without further reference or compensation to the Entrant;
c. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to third parties to do the same;
d. the Promoter retains all right, title and interest, including copyright and intellectual property, in the Materials and, by participating in the Competition, the Entrant assigns to the Promoter on creation of the Materials all right, title and interest which might, but for these Terms, vest in them;
e. they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute in any jurisdiction globally, whether occurring before or after this consent is given (Moral Rights);
f. they waive all Moral Rights in the Materials that arise outside Australia; and
g. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
44. Your privacy is important to the Promoter. The Promoter respects your privacy. All personal information you provide will be used by the Promoter and on behalf of selected third parties in accordance with the Promoter's Privacy Policy. The Promoter's Privacy Policy which is available at www.collingwoodfc.com.au/privacy or at the front desk of the Holden Centre or by calling 1300 MAGPIE (1300 62 47 43). Your personal information is kept securely and confidentially. Although you may choose to only provide the Promoter with certain information, please be aware that this choice will affect the type and quality of service the Promoter provides to you and it may also result in delays.
45. If the information requested is not provided, or the Entrant does not consent to their personal information being used for the purpose set out in clause 43, the Entrant must not participate in the Competition. By entering this Competition, the Entrant understands and agrees that if they become the Winner, the Promoter may:
a. disclose the information provided by the Entrant to a lottery regulator (if necessary);
b. publish the Winner’s name as required under relevant lottery legislation;
c. use the Winner's information for further promotional, marketing and publicity purposes.
46. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth), or consumer protection laws in each of the States and Territories of Australia (Non-Excludable Guarantees).
47. 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, but not limited to:
a. negligence;
b. any personal injury;
c. any loss or damage (including loss of opportunity);
d. any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
e. any theft, unauthorised access or third party interference;
f. any entry, registration, tip 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;
g. any variation in prize value to that stated in these Terms;
h. any tax liability incurred by a winner or Entrant; or
i. taking and/or use of the Prize (or any element of it),
whether direct, indirect, special or consequential, or arising in any way out of the Competition.
INTELLECTUAL PROPERTY
48. The Winner grants the Promoter and the AFL a non-exclusive, perpetual, irrevocable licence to reproduce, modify, publish, communicate, broadcast and use the Artwork for the following purposes:
a. manufacture, sale and distribution of Collingwood Football Club guernseys, whether or not those guernseys are to be worn during the 2022 or 2023 Sir Doug Nicholls Rounds or 2023 or 2024 AFLW Seasons;
b. manufacture, sale and distribution of any other Collingwood Football Club licensed products incorporating the Artwork;
c. manufacture, sale and distribution of any other AFL licensed products incorporating the Artwork;
d. marketing and promotion of the Promoter, the AFL, Australian Football, the 2022 or 2023 Sir Doug Nicholls Rounds and the 2023 or 2024 AFLW Seasons; and
e. any other purposes subject to your prior approval which will not be unreasonably withheld or delayed.
49. The Winner agrees that they will not license the Artwork to another sporting code or team, or allow another sporting code or team to use the Artwork.
50. The Winner consents to the AFL and the Promoter performing, exhibiting, reproducing, adapting and communicating any part of the Artwork in any medium and anywhere in the world without attributing the Winner or any other person as an the author of or contributor to the Artwork, whether those actions or events occur before, on or after the date this consent is given provided such actions are in accordance with the terms of the Contract and are in the context of marketing and promotion of the Promoter, the AFL, the 2022 or 2023 Sir Doug Nicholls Rounds, the 2023 or 2024 AFLW seasons or Australian football.
51. The Winner acknowledges, agrees and warrants that:
a. the Winner has the right to license the Artwork to the AFL and the Promoter;
b. the Winner has not licensed, and will not license, the Artwork (or any artwork that is substantially similar to, or could be confused with, the Artwork) to any other sporting code or team, including any other club in the AFL or any other club in Australian Football state leagues;
c. the Winner will not prior to 1 January 2023 license any other artwork the Winner produces to any other club in the AFL or any other club in Australian Football state leagues;
d. to the best of the Winner's knowledge and belief, no other person's consent is required in respect of licence of the Artwork to order for the AFL and the Promoter to exercise their licence of the Artwork without infringement of that other person's moral rights or other rights; and
e. the use by the AFL and the Promoter of the Artwork will not infringe any intellectual property rights of any person, nor give rise to an obligation on payment by the AFL or the Promoter to pay of any royalty to any third party or to any liability to pay compensation.
Comments
0 comments
Article is closed for comments.