Terms & Conditions
Optus So You Think You Can Decorate? ("Conditions of Entry")

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  1. Promoter:
  2. Promotional Period:
  3. Eligible Entrants:
  4. How to Enter:
  5. Entries permitted:
  6. Total Prize Pool:
  7. Prize Description:
  8. Additional conditions:
  9. Winner notification:
  10. Unclaimed Prizes:
  11. Further Terms and Conditions:

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Terms & Conditions created using Promotion Wizard

Promoter:

Optus Administration Pty Ltd ABN 79 055 136 804, 1 Lyonpark Road, Macquarie Park, NSW 2113, Australia. Ph: 0421472262

Promotional Period:

Start date: 13/11/20 at 9am AEDT

End date: 08/12/20 at 11:59pm AEDT

Eligible Entrants:

Entry/voting is only open to Australian residents who are 18 years and over and employees of the Promoter.

How to Enter:

To enter the Promotion, the entrant must, during the Promotional Period:

  • take a photo of their home decorated for Christmas. The photo must depict a Christmas tree or be a clear representation of a Christmas tree to be eligible ("Photo");

Photo must be submitted as a JPG file and not exceed 1 MB in size.

Entries permitted:

Multiple entries permitted, subject to the following: (a) each entry must be original; and (b) each entry must be submitted separately and in accordance with entry requirements.

The entrant is eligible to win a maximum of one (1) prize. By completing the entry method, the entrant will receive one (1) entry

Total Prize Pool:

AUD $850

Prize Description:

Prize Description

Number of this prize

Value (per prize)

Winning Method

Prize 1: The prize is a $450 Coles/Myer Group gift card.

1

AUD$450

Voting

Prize 2: The prize is a $250 Coles/Myer Group gift card.

1

AUD$250

Voting

Prize 3: The prize is a $150 Coles/Myer Group gift card.

1

AUD$150

Voting

No part of a prize is exchangeable, redeemable for cash or any other prize or transferable.

Additional conditions:

Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

The prize will be delivered by mail.

Winner notification:

The winners will be contacted by using the contact details on file with the Promoter within seven (7) days after the voting ends. The winners will also be published on the Yammer page seven (7) days after the voting ends. The winners will be contacted within seven (7) business days.

Unclaimed Prizes:

In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

The value of the prize may be subject to Fringe Benefits Tax, which is paid by Optus, however a grossed up amount may appear on the employee’s annual PAYG Payment Summary as a Reportable Fringe Benefit.

Further Terms and Conditions:

  1. The entrant/voter agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into or voting in 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. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries/votes 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/voter. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries/votes will be accepted during the Promotional Period.
  4. Judging:
  5. Round 1 (Short-listing of 5 Finalists): Shortlisting period: 09/12/20 – 11/12/20
    1. The best five (5) valid entries, as determined by the judges, will each be deemed a Finalist entry and go through to Round 2 – Voting.
    2. Entries will be judged based on the overall theme, creative, originality look and appeal as captured within the Photo(s) submitted. Photo must depict a Christmas tree or be a clear representation of a Christmas tree.
  6. Round 2 (Winner determination – Voting): Voting Period: 14/12/20 – 11:59pm AEDT on 17/12/20
    1. The Finalist entries will be uploaded to the Yammer page for judging by Eligible Entrants. To vote for a Finalist entry, the entrant must visit the Yammer page, follow the prompts to the Promotion voting page, and include voting by the Yammer Poll.
    2. Limit one (1) vote permitted per person.
    3. Finalist entries will be ranked based on the number of valid votes received during the Voting Period, from highest to lowest number of votes.
    4. The top three highest vote scoring entrants will win Prizes 1 – 3, outlined in the Schedule above. Prizes will be awarded in descending order of value.
    5. Tie-Break Mechanic: If there is a tie for the 1st -3rd ranked entry, those respective tied entries will be re-judged by a representative of the Promoter, based on the judging criteria referenced in clause 4 (a)(ii) above. The best tied entry overall will then be deemed the winner.
  7. All reasonable attempts will be made to contact each winner.
  8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  9. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification.
  10. No entry fee is charged by the Promoter to enter the Promotion. Where entry/voting is allowed online, there is no additional cost to enter or vote in the Promotion other than any cost paid by the entrant/voter to access the website or social media platform of entry/voting via their Internet service provider.
  11. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. 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.
  12. Entrants'/voters’ personal information will be collected by the Promoter. 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/voter electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.optus.com.au/about/legal/privacy. The Promoter's privacy policy contains information about how the entrant/voter may access, update and seek correction of the personal information the Promoter holds about them and how the entrant/voter 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/voters to enable them to participate in this Promotion and may disclose the entrants'/voters’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant/voter does not provide their personal information as requested, they may be ineligible to enter/vote or claim a prize in the Promotion. Personal information collected from entrants/voters will not be disclosed to any entity located outside of Australia.
  13. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
  14. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  15. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  16. 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).
  17. 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/votes, or suspend or modify a prize.
  18. The Promoter reserves the right, at any time, to validate and check the authenticity of entries/votes and entrant's/voter’s details (including an entrant's/voter’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries/votes, 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/vote repeatedly is prohibited and may render all entries/votes submitted by that individual invalid.
  19. All material submitted on entry (e.g. Photo(s), photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) 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 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) 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.
  20. The Promoter reserves the right to disqualify entries/votes 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 a prize, 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.
  21. 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 any prize (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).
  22. The entrant 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.
  23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.