Terms & Conditions
Community Pulse Program - Uni Hill ("Conditions of Entry")

Promotion:

Community Pulse Program - Uni Hill

Promoter:

Nike Australia Pty. Ltd. ABN 99 055 141 743, Level 3, 161 Collins Street, Melbourne, VIC 3000, Australia. Ph: 1300 656 453

Eligible entrants:

Entry is only open to football (soccer) clubs in Victoria that have a home ground within a 15km radius of the Uni Hill Nike Factory Store (located at 2 Janefield Drive, Bundoora, VIC) and are registered with Football Federation Victoria (“Eligible Football Clubs”).

Clubs that have previously received funding or grants from the Promoter are not eligible to enter.

Application Period:

Start date: 07/06/22 at 09:00 am AEST

End date: 20/06/22 at 11:59 pm AEST

The Application Stage:

To enter the Promotion, a representative of the Eligible Football Club must follow the direct link sent by the Promoter (via email) to access the Promotion application form and fully complete the following details (during the Application Period):

• The name of the Eligible Football Club (as registered with Football Federation Victoria);
• The number of registered current playing members at the Eligible Football Club;
• Whether the Eligible Football Club is incorporated;
• Whether the Eligible Football Club is registered for GST;
• Why the Eligible Football Club should be selected to take part in the Community Pulse Program (in 250 words or less); and
• How the Eligible Football Club will use the grant money, if selected, to support women and/or youth engagement in football (soccer) (in 250 words or less).

There is a limit of one (1) entry permitted per Eligible Football Club. Entrants must have permission from the Eligible Football Club’s Management Committee before submitting an entry in this Promotion.

Once the Application Stage has ended, the Promoter will select three (3) Eligible Football Clubs from the entries submitted to proceed through to the next stage of the Promotion (“Successful Clubs”). The three (3) Successful Clubs will be determined by representatives of the Promoter based on the answers submitted to the questions outlined above. Successful Clubs will be required to undergo an internal assessment by the Promoter in order to proceed to the Voting Stage (as outlined below). This internal assessment will include but not be limited to consideration of the following: suitability of the location and safety considerations for any works/initiative proposed by a Successful Club and the legitimacy of the Successful Club (i.e. proven registration with Football Federation Victoria).

Voting Period:

Start date: 01/07/22 at 09:00 am AEST

End date: 30/11/22 at 11:59 pm AEST

The Voting Stage:

Once the Successful Clubs are determined, a voting process will take place at the Uni Hill Nike Factory Store whereby customers who make a purchase from the Uni Hill Nike Factory Store between 01/07/22 and 30/11/22 (“Voting Period”) will each receive a token which they can place in a container in store representing a vote for their preferred Successful Club.

At the end of the Voting Period, votes will be tallied and grant money will be awarded to Successful Clubs based on the number of votes received. The Successful Club receiving the most votes will be awarded $6,000 in grant money and the remaining two (2) Successful Clubs will each be awarded $3,000 in grant money.

There is a limit of one (1) vote permitted per customer transaction.

In the event that two or more of the Successful Clubs tie for the $6,000 grant money allocation, the grant money will be tallied and then split evenly between the tied Successful Clubs. For example, if two Successful Clubs tie for the $6,000 grant money allocation, they will split the combined total of $6,000 and $3,000, with each receiving $4,500.

Total Grant Money Pool:

AUD $12,000.00

Grant Money Details:

Further Details:

• The grant money must be used as outlined in the Successful Club’s initial application and cannot be used for any other purpose and Successful Clubs will be required to enter into a Grants Agreement with the Promoter reflecting this. The Grants Agreement will need to be signed prior to any grant money being paid.
• Grant money will be paid to Successful Clubs in December 2022. Successful Clubs will be required to set up as a vendor within the Promoter’s internal payment system.
• The grant money must be spent within one (1) year of issue.
• Successful Clubs will be required to provide the Promoter with photos showing the works/initiative on which the grant money was spent. The Promoter also reserves the right to take photographs and/or recordings of a Successful Club’s facilities (before, during and after any works/initiative on which grant money has been spent) for the purposes of promoting and marketing its respective brands for an unlimited period without remuneration, including but not limited to use on its social media channels, websites and printed marketing collateral;
• The Successful Clubs are responsible for arranging all works/initiatives to be carried out (including but not limited to any permits and council or local government permissions required to undergo any works/initiatives).
• Successful Clubs must comply with all applicable laws, regulations and associated requirements, including those relating to heritage overlay.
• The grant money awarded is the total maximum amount payable by Promoter to a Successful Club. Any costs not covered by the grant money awarded by the Promoter will be the responsibility of the Successful Clubs. If there is grant money remaining once the relevant works/initiative have been fully carried out, the Successful Club must notify the Promoter and the Promoter and the Successful Club will collectively determine how any remaining funds are allocated (with any final decision on the allocation of remaining funds at the Promoter’s absolute discretion).

Winner notification (at the conclusion of the Voting Stage):

A representative of each of the three (3) Successful Clubs involved in the Voting Stage will be notified of the results within seven (7) business days of the Voting Period ending. The winners will be published at the Uni Hill Nike Factory Store within 31 days of the Voting Period ending.

Further Conditions:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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 1st cousin.
4. Eligible Football Clubs must not be found to discriminate on the basis of a person’s sex, race, sexual orientation, gender identity, gender expression, age, religion, disability, ethnic group, marital status, military or veteran status or any other class status protected by law. In the event that the Promoter considers that an Eligible Football Club has discriminated on the basis of any of the aforementioned classes (at any time), the Eligible Football Club will automatically be disqualified from the Promotion and will not be eligible for receipt of any grant money.
5. The winners will be determined by voting. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.
6. If any winner chooses not to take their grant money (or is unable to), or does not take or claim the grant money by the time specified by the Promoter, or is unavailable, they forfeit the grant money and the Promoter is not obliged to offer a substitute.
7. The grant money is not exchangeable or redeemable for any other item or transferable, unless otherwise specified in writing by the Promoter.
8. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
9. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
10. Entrants’ personal information will be collected by the Promoter or through its agents or contractors (where applicable). Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and by taking part in this Promotion, entrants grant the Promoter the right to use their information in accordance with the Promoter’s Terms of Use which are located at https://agreementservice.svs.nike.com/au/en_gb/rest/agreement?agreementType=termsOfUse&uxId=com.nike.unite&country=AU&language=en&requestType=redirect and the Promoter’s Privacy Policy which is located at https://agreementservice.svs.nike.com/au/en_gb/rest/agreement?agreementType=privacyPolicy&uxId=com.nike.unite&country=AU&language=en&requestType=redirect. The Promoter's Privacy Policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrant’s personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. The Promoter may also use the entrant’s personal information for the purposes of communicating with the entrant or storing data. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants may be disclosed to entities located outside of Australia, including in the United States.
11. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
12. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify the grant money awarded.
13. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence and club details and financial information). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the grant money in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
14. All material submitted on entry (including answers to the promotional questions) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees (i) an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry); and (ii) a royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, publish and display any entrant trade mark, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
15. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming the grant money, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
16. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using the grant money (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
17. The entrant (and the Eligible Football Club) will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
18. The Promoter accepts no responsibility for any tax implications and the entrant (and the Eligible Football Club) must seek their own independent financial advice in regards to the tax implications relating to the grant money or acceptance of the grant money.
19. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.