1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Promotion commences 8/07/2013 and entries close at 5pmAEST on 17/07/2013 (“Promotional Period”).
4. To enter, the entrant must undertake the following steps:
(a) locate the competition entry form page contained in the Offerpop application (“Application”) on the Star Observer Page (“Page”) on the Facebook Platform (https://www.facebook.com/StarObserver) by either visiting the Page directly or following a link from www.starobserver.com.au;
(b) allow the Application to connect to their profile and enter all requested details including their name, email address, contact phone number, age, State of residence;
(c) upload a video of themselves of no more than one minute telling us about yourself and why you would love to be in the HOIRIZON ; and
(d) submit the completed entry.
5. Individuals submitting entries in accordance with the above acknowledge that they are entering for themselves.
6. Uploaded videos must be submitted in a format which can be displayed in VIMEO.
7. Entry and continued participation in the promotion by any Facebook Platform user is dependent on the user following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
8. Without limiting the generality of the above, entries and accompanying videos must not contain any material determined by the Promoter or its Partners in its absolute discretion to be obscene, offensive or inappropriate. The Promoter will review each entry and accompanying video for suitability for entry into the promotion. The Promoter may then, in its absolute discretion, allow the entry and accompanying video to appear in any relevant section of the Page. The Promoter reserves the right, at any time, to refuse to accept any entry or remove any entry or accompanying video from display that it deems, in its absolute discretion, to be obscene, offensive or inappropriate, or infringing upon the rights of any third party.
9. When an individual submits any materials to the promotion including comments, recordings and images (“Content”), the individual, unless the Promoter advises otherwise, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Individuals agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
10. Individuals agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Individuals 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) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
11. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
12. The Promoter, and its Partners, reserve the right, at any time, to verify the validity of entries and entrants (including an individual’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter’s or its Partners’ discretion. Failure by the Promoter or its Partners to enforce any of their rights at any stage does not constitute a waiver of those rights.
13. Incomplete, indecipherable or illegible entries will be deemed invalid.
14. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the video submitted and the suitability of the entrant for the role.
15. The judging will take place at the Promoter’s office, Level 3, 21 Oxford Street, Darlinghurst NSW 2100 on 20/07/2013. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
16. The winners will be notified by telephone and email. The winner will have until 5pm AEST on 16/07/2013 to confirm their acceptance of the audition offer. If they fail to contact the Promoter by this time, the winner will be disqualified and the Promoter will select a reserve winner, who must also respond in the timeframe as advised by the Promoter. This process will continue until a winner is confirmed by the Promoter. The winner will be announced in Star Observer Issue 1185 on sale 26/07/2013.
17. All decisions of the Promoter and its Partners in respect of any and all aspects of the promotion are final and no correspondence will be entered into.
18. The best valid entry, as determined by the judges, will win be offered the lead role of Jake Collins in the next series of the HORIZON.
19. Prize, or any unused portion, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
20. As a condition of accepting the prize, the winner consents to the Promoter and its Partners using their details and photographs for promotional and media publicity purposes and consents to participate in any publicity arrangements (including interviews) reasonably required by above parties. The winner agree to sign any legal documentation as and in the form required by the Promoter and/or its Partner in their absolute discretion, including but not limited to a legal release and indemnity form, in order to give effect to the above.
21. The winner agrees that their participation in the competition is also subject to the following conditions:
(a) that the Promoter may use the content recorded during the competition (“Materials”) for any purpose, including for the Promoter’s future promotional and marketing purposes without further reference or compensation to them, including but not limited to, displaying the Materials in any form of media including on digital advertising, websites, outdoor advertising, using it in PR, radio, TV, or social media;
(b) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
(c) where they have any intellectual property rights in the Materials, they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
(d) 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 anywhere in the world whether occurring before or after this consent is given (“Moral Rights”);
(e) they waive all Moral Rights in the Materials that arise outside Australia;
(f) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials; and
(g) they agree to participate in any further publicity activities for the purposes of promoting this promotion (including any outcome) as determined by the Promoter in its absolute discretion.
22. 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.
35. 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 State 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) and its Partner exclude 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.
36. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and its Partner are not responsible for and exclude 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) if the production of HORIZON is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by any individual participating in the promotion or the prize; or (g) participation in or attendance at the prize or auditions.
37. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to it Partners, agents, contractors, service providers and prize suppliers. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entry is conditional on providing this information. Individuals should direct any request to access, update or correct information to the Promoter or its Partner. All entries become the property of the Promoter.
38. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Individuals understand that they are providing their information to the Promoter and not to Facebook. The information an individual provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury that is suffered or sustained by any person, as a result of participating in the promotion (including taking/use of a prize), except for any liability that cannot be excluded by law.
39. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
40. The Promoter is Sydney Gay and Lesbian Publishing Community Ltd trading as SSO Media (ABN 57 03 397 582) of Level 3, 21 Oxford Street, Darlinghurst NSW 2010. Telephone: 1300 500 379.