Darwin Festival “Backyards Series” 2014 Terms and Conditions
This document sets out the terms of participation in Darwin Festival’s "Backyards Series" competition (the "Competition").
1. The promoter of this Competition is Darwin Festival Association Inc. (“DF”) (ABN 47 354 923 525) 56 McMinn Street, Darwin, NT 0801 (“the Promoter”)
2. By entering the competition, you agree to be bound by these Terms and Conditions and the annexed Special Conditions between you and DF. Any instructions relating to the Competition on DF’s website (available at www.darwinfestival.org.au) form part of these Terms and Conditions.
3. The Promoter may at their discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
ELIGIBILITY
4. Entry to the Competition is open to anyone who lives within a 50km radius of Darwin CBD.
5. Entrants must be over 18 years of age
6. An entrant must be an individual and not a company or organisation. Employees of the Promoter and any person associated with the Competition, or with the provision of the prizes, are not eligible to enter.
7. Entry into the Competition is free.
COMPETITION PERIOD
8. The Competition opens at 9am AEST on Thursday 17 April 2014 and closes at 5pm on Wednesday 30 April 2014 ("Competition Period ").
9. Any entry received after the expiry of the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
HOW TO ENTER
10. To enter the Competition, you must:
a. tell us in 50 words or less why you should win a “Backyards” event in your backyard and submit a photograph of yourself in your “backyard’ (together with your "Entry"); AND
b. submit your Entry accompanied by your name, address, email address and telephone number by email to: [email protected]
11. Preference will be given to Entries in which the nominated “backyard‟ accommodates at least 50 people and has wheelchair access. DF makes every effort to ensure that Darwin Festival 2014 events are accessible for people who use wheelchairs or who have limited mobility.
12. If your nominated “backyard‟ is on private property you must either be the property owner or have written permission from the property owner to enter this Competition and hold a “Backyards”event at the property.
13. If your nominated “backyard‟ is a public space, DF shall be responsible for obtaining permission to hold the
“Backyards” event at that location. If DF is unable to get permission, you shall not be eligible to win the Major Prize.
14. While you may enter the competition more than once, you cannot win more than one prize. You must submit a properly completed entry each time you wish to enter the Competition.
YOUR ENTRY
15. All Entries become the property of the Promoter and will not be returned to the entrants.
16. To be eligible for a prize your Entry must only include material created by you or material which you have permission to use, including (where applicable) any words, art, music, photographs, sound recordings or footage which may be included in your Entry.
17. By submitting your Entry to the Promoter, you grant the Promoter and their licensees and assignees a non- exclusive licence to exercise all rights in perpetuity throughout the world in your Entry and any other material provided by you to the Promoter in relation to this Competition, including without limitation, the right to communicate your Entry and such other material in whole or in part to the public on any media platform.
18. You agree that your Entry may be edited or adapted at any time by the Promoter for legal, editorial or operational reasons.
19. You acknowledge that the Promoter may allow users to view, listen to, reproduce, download and otherwise deal in the copyrights attached to and embodied in your Entry. The Promoter aims to ensure that any use of your Entry not authorised by the Promoter will not occur, however you acknowledge that the Promoter are not equipped with mechanisms to prevent unauthorised use of your Entry, and you accept that, to the extent allowable under the law, the Promoter have no liability to you for how the end user elects to use your Entry, and as such it may be permanently stored, reproduced, copied, distributed or the like, without recourse or remedy against the Promoter.
PRIZES
20. The entrants whose Entries are judged by the Promoter panel of judges to be the best, most original and creative and who meet the concert criteria will win a prize (“Major Prize”). Chance plays no part in determining the prize winners.
21. Each Major Prize winner will receive a “Backyards” event (event details still be to confirmed) in their nominated
“backyard‟ as part of the Darwin Festival 2014 on a date to be confirmed.
The Major Prize winner will be allowed to invite 10 guests to attend their “Backyards” event.
22. No component of the Major Prize can be transferred or redeemed for cash.
23. In the event that any of the Major Prizes become unavailable, the Promoter reserve the right to provide a similar prize to the same or greater value as the original Major Prize, subject to any applicable laws or written directions made under applicable legislation.
24. The Promoter shall not be responsible for any additional costs associated with use of the Major Prize. The prize winner must be available to redeem the prize on the dates stipulated by the Promoter. If any Major Prize winner is not able to redeem the prize on that date, the Promoter may determine another Major Prize Winner in their discretion.
WINNER NOTIFICATION
25. Decisions of the Promoter are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
26. You warrant that:
a. All details provided with your entry are true and accurate;
b. you have all necessary rights and licences to grant the rights set out in these Terms and Conditions;
c. you are the copyright owner or authorised licensor of all copyright works and subject matter comprising your Entry;
d. the exercise of the rights granted to the Promoter in these Terms and Conditions will not infringe the rights of any third parties;
e. if your nominated “backyard‟ is on private property that you are either the property owner or you have permission from the property owner to enter this Competition and hold a “Backyards” event at the property, and you will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.
27. You acknowledge that the Promoter are under no obligation to exercise any of the rights granted to it by these Terms and Conditions, and any communication of your Entry to the public by the Promoter is at the complete discretion of the Promoter.
28. You agree that the Promoter may use your entry and any personal details provided to the Promoter for the purpose of conducting the Competition. The Promoter may disclose your personal information to their
contractors, agents, any co-promoter and to State and Territory gaming departments, to assist in conducting this Competition. Major Prize winners‟ names may be published as set out in these Terms and Conditions. The Promoter may also use your entry and personal information for any promotional, marketing and publicity purposes of the Promoter in any media without notice and without any fee being paid to you, subject to the Darwin Festival’s Privacy Policy available at
www.darwinfestival.org.au
29. If there is any event that prevents or hinders the Promoter ‟conduct of the Competition or the Promoter’s ability to deliver the prize/s to the prize winner/s of the Competition, the Promoter may, in their discretion, cancel the Competition and recommence it at another time under the same conditions or select another winner or cancel the prize/s indefinitely.
30. The Promoter are 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.
31. To the full extent permitted by the law, the Promoter will not be liable for any death, injury, damages, expenses, or loss whatsoever (whether direct or inconsequential) to persons or property as a result of any person entering into the Competition or accepting or using any prize, including without limitation non-receipt of any prize or damage to any prize in transit and the prize winner’s failure to comply with the terms and conditions (if any) specified by any third party.
ANNEXURE
SPECIAL CONDITIONS BETWEEN DF AND PRIZE WINNERS
In addition to the Terms and Conditions above, by entering this Competition you agree and acknowledge that if you are a “Major Prize” winner:
1. Participation is entirely at your own risk and you are fully responsible for your acts and omissions in respect of the “Major Prize”;
2. Your property may be damaged or the subject of general wear and tear as a result of the “Backyards” event being held at your property;
3. You are responsible for:
a) Ensuring your backyard is accessible and available to members of the public at least 90 minutes before the event start time and for at least 60 minutes after the event finish time;
b) Ensuring that the access areas are free from any obstacles or hazards including but not limited to household or gardening implements that may impede access or safe usage of the entertainment and access areas;
c) Ensuring that your home is not accessible to members of the public (other than those with tickets to the event)and that your valuables are secured;
4. You shall indemnify and keep indemnified Darwin Festival, for any expense or damage to property caused through the performance of this Agreement;
5. Darwin Festival is responsible for:
a) Managing all aspects of the “Backyards” event series including staff for set-up, traffic management, production and staging equipment if required;
b) Provision of a Darwin Festival "Safety Officer" 1 hour before the Event start time until the departure of guests and Darwin Festival staff and crew;
c) Effecting and maintaining Public Liability Insurance of AUD$20 million;
d) Developing and managing an appropriate event management plan, including site access, public toilet access, power source.
e) Management of audience ticket sales through Darwin Festival ticketing outlets and website for the Backyards series; and
f) Facilitating crowd management and ensuring the orderly and timely departure of guests.
