THE NEXT BE THING PROMOTION
TERMS AND CONDITIONS
Instructions on how to enter to win a Prize (defined below) form part of these terms and conditions ("Terms and Conditions"). Participation in this "The Next Be Thing" ("Promotion") is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer.
THE NEXT BE THING PROMOTION
TERMS AND CONDITIONS
Instructions on how to enter to win a Prize (defined below) form part of these terms and conditions ("Terms and Conditions"). Participation in this "The Next Be Thing" ("Promotion") is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer.
The Promotion is a game of skill for the Prize which may be won by up to five (5) Eligible Entrants (defined below) who submit the winning Eligible Entries (defined below) in accordance with these Terms and Conditions.
The promoter is The Little Corporation Pty Limited Pty Ltd ABN 77 123 825 669, trading as “Social Soup”, of Level 6, 8 Hill Street, Surry Hills, NSW 2010 ("Promoter" or "Social Soup").
The prize is provided by Yahoo!7 Pty Ltd ABN 60 089 187 100, of Levels 2 & 3, Pier 8/9, 23 Hickson Road, Millers Point, NSW, 2000 (“Prize Provider”).
The Promotion commences at 9am (AEDT) on 20 March 2017 and closes at 5pm (AEDT) on 1 May 2017 ("Promotional Period"), unless extended by the Promoter in its sole discretion.
Definitions
For the purposes of these Terms and Conditions:
"Business Day" means a day which is not a Saturday, Sunday or public holiday in New South Wales;
“Criteria” means, in respect of each Eligible Entry:
being original and entertaining;
having strong screen presence and presentation skills;
having an understanding of technical skill;
fitting within the Promoter’s and Prize Provider’s tone of voice; and
complying with the instructions set out on the competition microsite located at http://thenextbething.com.au,
as determined in the panel’s sole discretion;
"immediate families" 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 first cousin;
"Prize" means:
$1000 prize money;
the opportunity to work with Yahoo7 Be for three months to create four social videos. During this time, the prize winners must not provide influencer services to any other media organisation;
editorial support of the videos on Yahoo7; and
PR coverage on Prize Provider online properties in the Prize Provider’s discretion,
of a total value of $1,000 plus the money-can’t buy element of the opportunity to work with the Prize Provider.
There will be five (5) Prizes awarded. Total value of all Prizes is $5,000 plus the money-can’t-buy element of the opportunity to work with the Prize Provider.
“Video” means a 60-120 second video in .mp4 or .vod format, complying with these Terms and Conditions and submitted by the Eligible Entrant.
Eligibility and entries
To be eligible to enter to win a Prize, an entrant must be a natural person of between 18 and 35 years of age who ordinarily resides in Australia, and must not be a company, business or organisation of any description, or an employee of the Promoter, the Prize Provider or any agency associated with this Promotion, or any immediate family member of such person, and must not be employed or otherwise engaged to provide services to any competitor of the Prize Provider, and must:
upload a Video to the online entry form, in compliance with these Terms and Conditions;
complete and submit the online entry form by answering all questions in the online entry form and by agreeing to these Terms and Conditions; and
follow any other reasonable directions provided by any Promoter representative in relation to the entry process,
(each such entry is an "Eligible Entry" and each such eligible entrant is an "Eligible Entrant").
Each Eligible Entrant may make up to five (5) Eligible Entries.
The Promoter may, in its absolute discretion, ignore any purported Eligible Entry (or any other entry) which it deems to be offensive or inappropriate, which includes or is suspected of including or breaching third party intellectual property rights, or which does not otherwise comply with these Terms and Conditions.
The time of entry will, in each case, be the time the relevant Eligible Entry is registered on the Promoter's electronic system for the collection of Eligible Entries. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (whether Eligible Entries and Eligible Entrants or not), and to disqualify any entrant who does not comply with these Terms and Conditions, who tampers with the entry process, or who is not otherwise an Eligible Entrant. Entries that include errors or omissions may be accepted in the Promoter's absolute discretion.
Video Entries
Each Eligible Entrant grants to each of the Promoter and the Prize Provider an irrevocable, perpetual, worldwide, royalty-free licence to use, adapt, edit, and otherwise exploit the Eligible Entrant’s Videos for any purpose (including promotional and publicity purposes) and via any and all media.
Each Eligible Entrant warrants that that Eligible Entrant’s Video is the Eligible Entrant’s own original work and the use by the Promoter and Prize Provider of the Video in accordance with these Terms and Conditions will not infringe the intellectual property or other rights of any third party.
Videos must not be defamatory or otherwise infringe the rights of any third party.
Eligible Entrants are responsible for all costs of making their Videos.
Eligible Entrants must not embody any music in any Video unless the Eligible Entrant has obtained a licence in respect of such use from the owner of each of the musical composition and sound recording, and to the extent any Video embodies music the Eligible Entrant warrants that such licences have been obtained.
All rights in the Videos not expressly granted to the Promoter and/or Prize Provider under these Terms and Conditions are retained by the relevant Eligible Entrant.
Judging and Prizes
All Eligible Entries will be compiled by the Promoter and will be reviewed within fifteen (15) Business Days of the end of the Promotional Period by a panel of judges comprising employees of the Promoter and employees of the Prize Provider. The panel of judges will (in its absolute discretion) decide upon five (5) Prize Winners.
The five (5) Eligible Entrants who are determined by the panel of judges (in its absolute discretion) that best fulfil the Criteria will be awarded the five (5) Prizes ("Winners").
Within two (2) Business Days of selection, the Winners will be contacted by email and telephone call from the Promoter or Prize Provider, which will include further information in relation to claiming their Prize, and which may, in the Promoter's discretion, request reasonable information to confirm the Winner's identity and any other contact information. At any time during communication with the Winner, the Promoter may reasonably request further information from that Winner.
Each Winner will be required to enter into an agreement with the Prize Provider on the terms usually offered to social influencers by the Prize Provider (save for consideration), subject to reasonable commercial negotiation. The agreement will provide that each Winner must, at the Winner’s cost, script, shoot, perform in and produce four social videos of between 60 and 120 seconds on topics to be agree between the Winner and the Prize Provider. The opportunity offered as part of the Prize is to develop the Winner’s public profile in relation to social videos, with the assistance of the Prize Provider. The videos produced under the agreement will be owned by the Prize Provider.
If a Winner cannot be contacted within five (5) Business Days of their notification as a Winner in accordance with clause 20, or is not able to satisfy these Terms and Conditions, or forfeits or fails to accept their Prize, then they will be deemed to have forfeited their Prize. In those circumstances the Promoter may, in its absolute discretion, elect to award a Prize to the next runner-up as determined by the judging panel at the time of judging.
It is the responsibility of each Winner to provide their correct contact information in order to receive information relating to their Prize. The Prize Provider will contact each winner and provide further information in relation to the delivery of the Prize.
The Promoter and Prize Provider accept no responsibility should any Winner fail to be contacted by the Promoter because of a failure to notify the Promoter of a change to, or error in, their personal contact details.
The Promoter and Prize Provider accept no responsibility for any variation in the value of the Prize or any part of the Prize. The Prize is not transferable or exchangeable and is not redeemable for cash.
If an element of, or the whole of, the Prize is unavailable, the Promoter or Prize Provider, in their discretion, reserve the right to substitute any element of the Prize or the whole of the Prize with a prize to the equal or greater value and/or specification.
Each Winner is responsible for all ancillary costs associated with their Prize, including, but not limited to, transportation, accommodation and food costs in connection with attending the Promoter’s offices, telecommunications costs (including telephone, internet and mobile data costs), marketing expenses in relation to promoting the Winner’s Eligible Entry, or the "ideas" conveyed in the Eligible Entry, and any other costs not expressly stated as being included in the Prize.
The Promoter's decision is final and no correspondence will be entered into.
General
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 (whether or not an Eligible Entrant); or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Subject to clause 32, the Promoter and Prize Provider (including their officers, employees and agents) each 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s and/or Prize Provider’s control); (b) any theft, unauthorised access or third party interference; (c) any entry 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 the value of the Prize to that stated in these Terms and Conditions; (e) any claim, loss, cost or expense in connection with a Prize or any tax liability incurred by an entrant or Eligible Entrant; or (f) any use of a Prize. Neither the Promoter nor Prize Provider will be liable for any special, incidental, consequential or indirect damage or loss suffered by an Eligible Entrant under these Terms and Conditions.
Each Eligible Entrant hereby indemnifies each of the Promoter and Prize Provider and holds each of the Promoter and Prize Provider harmless against all claims, proceedings, damages, losses, liabilities, costs, expenses and judgments, including reasonable attorneys fees, suffered and incurred by the Promoter and/or Prize Provider and their related bodies corporate in connection with:
the Eligible Entrant breaching any of these Terms and Conditions; and
any claim that the Eligible Entrant’s Videos infringe the intellectual property rights of any third party or result in any tort, injury, damage or harm to any third party.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's and/or Prize Provider’s liability for breach of such a condition, warranty, other term or guarantee is limited (at the Promoter's and/or Prize Provider’s election) to the extent it is able to do so: (a) in the case of supply of goods, the Promoter and/or Prize Provider doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Promoter and/or Prize Provider doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.
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, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. The Promoter will disclose the personal information of each Winner to the Prize Provider to enable the Prize to be awarded and each Eligible Entrant expressly consents to such disclosure. Where the provision of such information is unrelated to the original purpose for which the information was provided, the Promoter must first seek the consent of the Eligible Entrant, such consent not to be unreasonably withheld. Validity of an Eligible Entry is conditional on providing this information. Eligible Entrants should direct any request to access, update or correct information to the Promoter. These Terms and Conditions are deemed to incorporate the Promoter's privacy policy and by entering the Promotion (whether or not as an Eligible Entrant), each entrant accepts the terms and conditions of the Promoter's privacy policy. For further details see http://www.socialsoup.com/privacy/.
These Terms and Conditions are governed by the laws of New South Wales. Entrants submit to the non-exclusive jurisdiction of the courts of New South Wales.
Promotion support is available at: Email: projects@socialsoup.com | Telephone: 02 9356 7500
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