COMPETITION TERMS AND CONDITIONS

"THE BRAND WITHOUT A BOTTLE”

  1. Introduction

The promotor is Sydney Water Corporation (ABN 49 776 225 038) of 1 Smith Street Parramatta NSW 2150 (Sydney Water).

This document tells you how you can be an entrant (Entrant) and submit an entry (Entry) in the Sydney Water “The Brand without a Bottlecompetition (Competition). It also sets out the terms of entry, provides details of the prizes and establishes the procedures that will be applied to determine and announce the winner. Information and instructions on how to enter the Competition form part of the terms. 

These terms form a binding contract between you and Sydney Water. If you enter into the Competition, you are deemed to have agreed with these terms. If you do not agree with these terms, you should not enter into the Competition.

  1. Who can enter?

You are eligible to be an Entrant in this Competition if you are a teacher employed with a high school located within Sydney Water’s areas of operation (Sydney, the Blue Mountains region and Illawarra) and have received “The Brand without a Bottle” pack from Sydney Water, featuring information about registration for the Competition.

  1. Who cannot enter?

You cannot enter this Competition if:

(a) you do not qualify as an Entrant (see above); or

(b) you are an employee or immediate family member of an employee of Sydney Water. For the avoidance of doubt, an immediate family member is a daughter, son, father, mother, brother, sister or spouse (including defacto spouse) or step relation of a Sydney Water employee; or

(c) you are an employee or immediate family member of an employee (as defined in (b) above) of an agency associated with the Competition.

Sydney Water reserves the right at any time to verify the eligibility of an Entrant, including, but not limited to requiring photographic proof of identity or other identifying documentation required to establish the Entrant’s identity, age, address and eligibility to enter the Competition and claim a prize.

  1. How to enter

To enter the Competition, Entrants must:

Multiple film scripts and storyboards may be submitted per registered high school.

  1. When to enter

The Competition opens for registration by the Entrants at 4pm on 14 December 2016 (AEST) and closes at 8pm on 15 February 2017 (AEST).

 All storyboard and script Entries must be submitted by 14 April 2017 to participate.

Sydney Water may, in its absolute discretion, extend these time periods. 

Sydney Water is not responsible for any Entry that is uploaded late or is not received whatever the cause, including technical or other failure of the website and services. Any cost associated with accessing the website is the Entrant’s responsibility.

  1. Content of storyboard or script

The story board or script Entry must be an original artistic and/or literary work of the Entrant and their students, and must not:

(a) in its content or by being submitted as an Entry, infringe the copyright or other intellectual property rights of any third party. If an Entrant has doubts about whether they may infringe a third party’s intellectual property rights they must not include the material;

(b) include any image or voice of another person without that person’s express consent. Entrant’s warrant that if any such content is included, they have obtained the express consent of the relevant person. Students must have parental/guardian signed consent to be filmed.

(c) contain any material that is defamatory of any person, obscene, offensive or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing) in the opinion of Sydney Water; or

(d) in its content or by being submitted as an Entry, breach any law or breach any legal obligation or duty to any person.

  1. Disqualification

Sydney Water may, in its absolute discretion, reject any Entry submitted into the Competition. 

Sydney Water may, in its absolute discretion, disqualify an Entrant who:

Errors and omissions may be accepted at Sydney Water’s discretion. Incomplete or indecipherable entries will be deemed invalid. An Entry made by a third party on behalf on an Entrant is invalid unless otherwise agreed with Sydney Water.

Sydney Water may, in its sole discretion, disqualify any school where Sydney Water has reason to believe that a teacher/staff member or student of such school has breached these Competition Terms and Conditions, tampered with the entry process or engaged in misconduct to jeopardise the fair and proper conduct of the Competition.

Sydney Water reserves the right to verify the validity of entries and participants (including a school’s name/address and an authorised representative of a school). Failure by Sydney Water to enforce any of its rights at any stage does not constitute a waiver of those rights.

  1. Selecting the finalists and voting

If selected as a Finalist, participating students must have parental/guardian signed consent to be filmed as part of this Competition. This consent must be provided to Sydney Water before any filming will occur. Entrants must also execute a form consenting to be filmed, which will be provided by Sydney Water.

Multiple votes are permitted.

  1. Announcing winners

The winners will be announced at the finalists gala film event to be hosted by Sydney Water at 5pm AEST on 13 June 2017. The venue is to be determined. All Finalists will be invited to attend this event.

This is a competition of skill and chance plays no part in determining the winners. Sydney Water’s decision is final and binding on all Entrants. Sydney Water will not enter into any correspondence and is not obliged to give reasons for any decisions made by it in respect of the Competition. Entrants who are not winners will not receive any notification.

  1. Prizes and claiming prizes

Prizes

There will be three (3) winners who will win the following prizes (Prizes):

All 6 Finalists will receive a water refill station installed at their high school and refillable water bottles.

The total value of the Prizes is approximately $46,000 (ex GST). The Prize value stated above is correct as at the date of publication. Sydney Water accepts no responsibility for fluctuation in prize value. Prizes are not transferable (unless agreed to by Sydney Water) or exchangeable for other goods or services and cannot be taken as cash.

The winner(s) agree to participate in Sydney Water promotion and media activities associated with the Prize including public appearances and photo opportunities. The winner(s) agree to Sydney Water using their likeness and image for any purpose related to the Prize and the Competition.

The winner(s) agrees that the winner will sign a release of liability in favour of Sydney Water, as requested by Sydney Water in its absolute discretion.

Claiming prizes

The winner(s) will be contacted by Sydney Water to make further arrangements for the Prizes.

Sydney Water may withhold any Prize pending:

(a) verification of any fact as required by Sydney Water in its absolute discretion; or

(b) receipt of a release from each the winner(s) (if applicable), as requested by Sydney Water in its absolute discretion.

If the Prize remains unclaimed after 15 June 2017 or is forfeited for any reason through disqualification or ineligibility, Sydney Water may award the prize to the next ranking Entrant.

Title and risk in the Prizes passes to the Entrant on delivery of the Prize to Entrant. Subject to any applicable law to the contrary, the Entrant acknowledges that Sydney Water is not responsible for any maintenance of a Prize and is not liable for any malfunction or operation of a Prize.

  1. Ownership of Entries

All Entries remain the property of the Entrant. As a condition of entry into this Competition, the Entrant grants to Sydney Water and its affiliates and sub-licensees a non-exclusive, irrevocable, royalty-free, perpetual, worldwide, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (or any part of it) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without remuneration/fee/compensation, restriction on use, attribution or liability. 

By entering the Competition, the Entrant agrees not to assert his or her moral rights as defined under the Copyright Act 1968 (Cth), including the right of attribution and unconditionally and irrevocably consents, for the benefit of Sydney Water and all its assignees, licensees and sublicensees to material alterations to the Entry (including, without limitation, copying, editing, modifying or adapting the Entry) for any purpose. 

  1. No liability

(a) This clause 12 applies except for any liability that cannot be excluded by law, including under the Competition and Consumer Act (2010) (Cth). Nothing in these Competition Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any such laws.

(b) To the extent permitted by law, Sydney Water (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury, illness or death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition and the Entrants release Sydney Water (including its officers, employees and agents) from all liability for any loss, claim or damage suffered by the Entrant as a result of participating in the Competition.

(c) To the extent permitted by law, Sydney Water (including its officers, employees and agents) excludes all liability (including negligence) and the Entrants release Sydney Water for any personal injury; or any loss or damage or liability arising in any way out of use of a Prize.

  1. Cancellation or postponement

Sydney Water may in its sole discretion (subject to any written direction given by a relevant regulatory authority), cancel, terminate, postpone, suspend or modify this Competition if for any reason it is not capable of running as planned (whether caused by infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures, inclement weather or any cause including but not limited to those beyond the control of Sydney Water which corrupts or affects the administration, security, fairness or integrity of this Competition or future Competitions).

  1. Privacy and consent

Personal information of each Entrant is collected by Sydney Water. Sydney Water collects the information for the purposes of administering this Competition and promoting its products and services.

If the Entrant wishes to contact Sydney Water it can do so by:

(a) mail to Sydney Water, External Communications, Level 14, 1 Smith Street Parramatta 2150; or

(b) email to socialmedia@sydneywater.com.au.

Sydney Water may disclose personal information about the Entrant (including the Entry/photograph of the Entrant) to marketing firms to assist Sydney Water to use that information for the purposes of promoting Sydney Water’s products and services. Sydney Water may disclose that information to professional advisers. Sydney Water may publish the winning Entry, the name, likeness, image, voice of the winning Entrant to the public at large, via any medium.

The Entrant has a qualified right of access to the personal information Sydney Water holds about him/her. The right is qualified because there are some circumstances in which Sydney Water may be entitled or obliged to deny that access.

If the Entrant does not provide his/her personal information, the Entrant cannot participate in this Competition.

The Entrant consents to Sydney Water using the Entry and other personal information supplied by the Entrant for the above-mentioned purposes for an unlimited period of time throughout the world without remuneration or notice.

  1. Applicable law

These terms are created and will be enforced under the law of New South Wales and the parties will accept the non-exclusive jurisdiction of the courts of New South Wales.