Terms and Conditions - Flash Fiction Competition
This document sets out the terms of participation in ABC Local Radio's Flash Fiction competition (the “Competition”).
1. The promoter of this Competition is the Australian Broadcasting Corporation (the
“Promoter”) (ABN 524 292 78345), 700 Harris Street, Ultimo, New South Wales, Australia.
2. Entry to the Competition is open to residents of the Northern Territory. An entrant must be an individual and not a company or organisation. Entrants must be 18 years or over. Employees of the Promoter and any person associated with the Competition, and any organisation or individual associated with the provision of the prize(s), are not eligible to enter.
3. Each entry must be entered in accordance with these Terms and Conditions. By entering the Competition, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions. All relevant instructions on the Promoter‟s website (if any) form part of these Terms and Conditions.
4. Entry into the Competition is free.
5. The Competition opens at 6.00am ACST on 1 March 2010 and closes at 5.00pm on 30 April ACST (“Competition Period”). 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.
6. To enter the Competition, you must:
(i) produce a written story in under 100 words. The story can be about anything, but it must have a Northern Territory reference, theme or twist, in accordance with clause 11 (“Work”);
(ii) complete the entry form (available at abc.net.au/darwin) (“Website”);
and
(iii) submit your entry, along with the entry form to Flash Fiction Competition, 1 Cavenagh Street Darwin; or
(iv) submit your entry, along with the entry form with the words Flash Fiction in the subject line by email to [email protected]; or (v) submit your entry, along with the entry form by post to: Flash Fiction
Competition GPO Box 9994, Darwin, NT 0801.
7. Each entry by mail or email must include your name, email and a daytime telephone contact number or it will be deemed invalid.
8. While you may enter the Competition more than once, you cannot win more than one prize. You must submit a properly completed entry form each time you wish to enter the Competition.
9. All entries become the property of the Promoter and will not be returned to the entrants.
10. To be eligible for a prize your Work must:
(a) Only include original material created by you, including (where applicable) any words, art, music, photographs, sound recordings or footage.
11. By submitting your Work to the Promoter, you grant the Promoter and its licensees and assignees a non-exclusive licence to exercise all rights in perpetuity throughout the world in your Work and all other material provided by you to the Promoter pursuant to this Competition at any time.
12. Without limiting the rights granted to the Promoter under clause 12, you acknowledge the Promoter may exercise any of the following non-exclusive rights throughout the world:
(i) the right to communicate your Work in whole or in part to the public on any media platform; and
(ii) the right to provide a free download of your Work in mp3 or other downloadable format from the Website.
13. Your Work may be edited or adapted at any time by the Promoter in order to:
(i) meet the requirements of broadcasting authorities;
(ii) adhere to any requirements of the ABC Editorial Policies (available at www.abc.net.au/corp );
(iii) ensure your Work meets any legal or classification requirements or to avoid any breach of law;
(iv) use your Work for promotional purposes; and/or (v) use your Work on other ABC media platforms.
14. 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 Work. The Promoter aims to ensure that any use of your Work not authorised by the Promoter will not occur, however you acknowledge that the Promoter is not equipped with mechanisms to prevent unauthorised use of your Work, and you accept that, to the extent allowable under the law, the Promoter has no liability to you for how the end user elects to use your Work, and as such it may be permanently stored, reproduced, copied, distributed or the like, without recourse or remedy against the Promoter.
15. The entrant whose Work is judged by the Promoter‟s panel of judges to be the best, most original and creative will win the major prize (“Major Prize Winner”). The three entrants whose Works are judged by the Promoter‟s panel of judges to be the next
most original and creative will each win a runner up prize („Runners Up Winners’).
Chance plays no part in determining the prize winner.
16. The Major Prize Winner will receive:
(a) A weekend pass to the 2010 Wordstorm Writers Festival in Darwin from 13 to 16 May 2010 (“Tickets”); and
(b) A collection of ten books from guest writers at the 2010 Wordstorm Writers Festival.
17. Each of the three Runners Up Winners will each receive a weekend pass to the 2010 Wordstorm Writers Festival in Darwin from 13 to 16 May 2010.
18. The Major Prize Winner must comply with any terms and conditions specified by any relevant third party in relation to the Tickets.
19. The Promoter shall not be responsible for any costs other than the costs of the Tickets and book prize. The Major Prize Winner is responsible for all costs associated with using the prize including all transfer costs to and from each airport used in connection with using the prize (if applicable), travel costs in and around the city in which the Major Prize Winner attends the 2010 Wordstorm Writers Festival, costs with respect to food and beverages, travel and medical insurance costs, and spending money.
20. The Major Prize Winner must be available to redeem the prize on the dates stipulated by the Promoter. If the Major Prize Winner is not able to redeem the prize on that date, the Promoter may determine another prize winner in its discretion.
21. No component of the prize can be transferred or redeemed for cash. In the event that any of the prizes become unavailable due to circumstances beyond the Promoter‟s control, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation.
22. You warrant that:
(i) all details provided with your entry are true and accurate;
(ii) you have all necessary rights and licences to grant the rights set out in these Terms and Conditions;
(iii) your Work is your original work and has not been previously communicated to the public;
(iv) your Work does not contain any other commercial or recorded music;
(v) you are the copyright owner or authorised licensor of all copyright works and subject matter comprising your Work other than ABC Supplied Material (including the film, sound recording, musical and literary works);
(vi) the exercise of the rights granted to the Promoter in these Terms and Conditions will not infringe the rights of any third parties;
and you will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.
23. You acknowledge that the Promoter is under no obligation to exercise any of the rights granted to it by these Terms and Conditions, and providing downloads and any communication of your Work to the public by the Promoter is at the complete
discretion of the Promoter.
24. You agree that the Promoter may use your entry and any personal details provided to the Promoter 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 ABC‟s Privacy Policy available at http://www.abc.net.au/privacy.htm.
25. Decisions of the Promoter and its panel of judges are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
The name of each prize winner and the city/town/suburb in which he/she lives will be announced on the Breakfast Program on ABC Local Radio on Wednesday 5 May and posted on the Website. Please allow at least 28 days from the date of notification for the delivery of the prize.
26. If there is any event that prevents or hinders the Promoter‟s 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 its discretion, cancel the Competition and
recommence it at another time under the same conditions or select another winner.
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.
To the full extent permitted by the law, the Promoter will not be liable for any injury, damages, expenses, or loss whatsoever (whether direct or consequential) 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 Major Prize Winner‟s failure to comply with the terms and conditions (if any) specified by any third party in relation to any Airfares,Accommodation, and/or Tickets as applicable.