Australia Art In Nature – Competition T&Cs
Competition Terms and Conditions
These Competition Terms and Conditions (“Competition T&Cs“) apply to the AUSTRALIA ART IN NATURE Competition conducted by Sisters Grimm Limited and/or any of its affiliates (hereafter referred to as “we” or “us” or “our“). The specifics of this Competition will be set out by the rules and submission requirements of the Competition that are posted on the following webpage: https://australiaartinnature.com/how-to-enter/ (“Competition Rules“). If there is any conflict or inconsistency between the Competition T&Cs and the Competition Rules, the Competition Rules shall prevail. By entering this Competition, you agree to be fully and unconditionally bound by these Competition T&Cs and Competition Rules and any amendments to them, and our decisions, which are final and binding in all respects.
Each Competition is open to individuals that are: (1) legal residents of Australia at the time of submission; and (2) aged 17 years or younger at the time of submission (“Eligible Individuals“). Participants may be required to provide valid ID for confirmation of eligibility. Participants must have parental/guardian permission prior to participation. We reserve the right to ask for proof of age, parental/guardian permission to participate and evidence to verify the identity of the participant at any time.
Eligible Individuals that provide a submission to the Competition within the Competition Period are hereafter referred to as “Participant(s)” or “you“.
We reserve the right to disqualify any Participant(s) from the Competition if, in our sole judgement, the Participant has not complied with these terms and conditions, has tampered with the operation of the Competition, or has engaged in any conduct that is detrimental or unfair to us, the Competition, or any other participant(s).
We reserve the right, in our sole discretion, to maintain the integrity of the Competition, to disqualify Participants for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Competition T&Cs and Competition Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, we fully reserve the right to seek damages to the fullest extent permitted by law and report to authorities as appropriate.
We accept no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
- Competition Period
The Competition is open for Participant submissions from Tuesday 1 February 2022 at 12:00 AM (AEST) to Monday 28 February 2022 at 11:59 PM (AEST).
- Submission Requirements
Participants must enter their submissions in accordance with the entry requirements set out in the Competition Rules and briefly below:
- Create an artwork: Participants must create one original drawing addressing one or all of the following categories: (i) the Participant’s own experience in nature in Australia and/or the (ii) the environment and climate change, which may be in the form of a painting, drawing, mixed media collage or 3D model from any medium so long as a digital photo of such a drawing can be emailed (“Artwork“). Participants [may/may not] submit multiple submissions at a time to participate in the Competition.
- Send submission by email: Participants must submit the Artwork no later than 28 February 2022 at 11:59 PM (AEST) and be sent to: [email protected] or uploaded via online form found at: https://australiaartinnature.com/ clicking ‘Submissions’.
We fully reserve the right to reject submissions without any explanation or prior notice. Each Participant agrees that no aspect of their entry, including but not limited to their submissions, will (i) infringe the intellectual property rights of any third party; (ii) defame others, or include any content which is obscene, abusive, discriminatory, offensive, hateful, inflammatory, bullying or otherwise inappropriate content or objectionable material as determined by us in our sole discretion; and/or (iii) promotes or incites violence or illegal activities.
- Submission Rights
Subject to the licenses described below, any applicable intellectual property rights to a submission will remain with the relevant Participants.
By entering the Competition, you hereby grant us and each of our affiliates, and any other third parties acting on behalf of any of the foregoing, and the successors, licensees and assigns of each of the foregoing (collectively, the “Competition Beneficiaries“), a fully paid up, royalty-free, non-exclusive, assignable, sub-licensable, worldwide, perpetual license to display publicly, use, edit, adapt, modify and/or reproduce the Artwork in any manner whatsoever and for any purpose whatsoever, including promotional and commercial purposes. This license includes, but is not limited to:
- posting, linking or uploading the Artwork on our and partners’ websites and applications, and display and promotion of the submission on any other media, worldwide;
- featuring the Artwork in the chosen key artwork for this Competition and uploading the Artwork on a bespoke online gallery found at: https://australiaartinnature.com/artworks/ (“Gallery“);
- featuring the Artwork in exhibitions, fairs, galleries and/or other similar events; and/or
- featuring the Artwork in videos, music videos and other formats produced by us.
Without limitation of any of the Competition Beneficiaries’ rights pursuant to these Competition T&Cs, the following submission components, and any other components provided by Participants, may be displayed to the public: name, description, school, age, images and/or video URL (as applicable).
Participants represent and warrant that the Competition Beneficiaries are free to use Participant’s submissions, including their Artwork, in the manner described above, as provided or as modified by us, without obtaining permission or license from any third party and without any compensation to Participants.
Each Participant of the Competition will have their Artwork displayed in our Gallery and may be used within the collage for the key art, and will receive a signed certificate of participation in the Competition. The overall winner of the Competition will have their Artwork chosen as the key art for the Competition (collectively referred to as the “Award“).
- Selection of winners
The submissions for each Competition will be evaluated by us in our sole discretion.
This process is final and no correspondence will be entered into. Non-winners will not be notified.
By entering the Competition, you consent to us passing your details to our affiliates and any relevant third party for the purpose of contacting you in the event you are the winner. By entering the Competition, you also consent to us announcing your first name, country of residence, location, school and age (as applicable) on our website and/or any other platforms for promotional and other reasonable purposes without further payment, except where prohibited by law.
If you are the winner of the Competition and you submit and expressly consent to any material, including but not limited to photographs, videos or testimonials, to us for use or publication in connection with our marketing and promotional activities, including but not limited to our official social media activities, you waive any right you may have to inspect or approve such activities and you release and discharge us from any claims or liability relating to our reasonable use of your material.
If you are the winner of the Competition, you agree to do all such acts and execute all such documents as may be necessary or desirable to give effect to the licensing rights granted pursuant to section D of these Competition T&Cs.
- Entry Conditions and Release
By entering the Competition, each Participant agrees to the following:
- The relationship between you and us is not a confidential, fiduciary, or other special relationship.
- You will be bound by and comply with these Competition T&Cs and our decisions are binding and final in all matters relating to the Competition.
- You release, indemnify, defend and hold harmless each of the Competition Beneficiaries and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Indemnified Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury, arising out of or relating to the Competition, a Participant’s entry, creation of submission or entry of a submission, participation in the Competition, and/or the broadcast, transmission, performance, exploitation or use of the submission as authorized or licensed by these terms and conditions.
B. Without limiting the foregoing, the Indemnified Parties shall have no liability in connection with:
- any incorrect or inaccurate information, whether caused by our electronic or printing error, or by any of the equipment or programming associated with or utilized in the Competition;
- technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Competition website (as applicable);
- unauthorized human intervention in any part of the entry process or the Competition; or
- technical or human error which may occur in the administration of the Competition.
The Indemnified Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible submissions or for address or email address changes of the Participants. Proof of sending or submitting will not be deemed to be proof of receipt by us.
If for any reason any Participant’s submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Participant’s sole remedy is to request the opportunity to resubmit its submission. Such request must be made promptly after the Participant knows or should have known there was a problem, and will be determined at our sole discretion.
Each Participant agrees that it will not be entitled to any compensation or credit in connection with, and will not have any other legal, equitable or other rights of any nature with respect to, the use by any of the Competition Beneficiaries of any work that is similar or identical to any submission, including the Artwork, or any component thereof. As an inducement to us to accept the Participant’s entry, each Participant hereby waives any claim or right of action against any of the Competition Beneficiaries in connection with the Competition Beneficiaries’ use of any Artwork (or any portions thereof), whether or not such Artwork is similar or identical to a Participant’s submission or contains any features, ideas, material and/or elements that are similar or identical to those contained in an Participant’s submission.
Without limitation of the foregoing, the Competition Beneficiaries will have the right to use, without any payment or other obligation whatsoever to any Participant, any part of any submission, and any idea or concept contained therein.
- General Conditions
- We reserve the right, in our sole discretion, to change these terms and conditions or to cancel, suspend and/or modify the Competition and/or Competition Rules at any time.
- We reserve the right, in our sole discretion, to disqualify any individual or Participant we find to be actually or presenting the appearance of tampering with the entry process or the operation of the Competition or to be acting in violation of these terms and conditions or in a manner that is inappropriate, unsportsmanlike, not in the best interests of the Competition, or a violation of any applicable law or regulation.
- These terms and conditions are subject to change at any time, including our or the Participant’s rights or obligations.
- If at any time during the Competition, a Participant or prospective Participant believes that any of these Competition T&Cs and/or the Competition Rules may be unclear or ambiguous, they must submit a written request by email for clarification.
- Our failure to enforce any terms of these Competition T&Cs shall not constitute a waiver of that provision. Should any provision of these Competition T&Cs be or become illegal or unenforceable in Australia such illegality or unenforceability shall leave the remainder of these terms and conditions including the term or condition affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects our intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
- Excluding submissions, all intellectual property related to this Competition, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by us and our affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a submission of our intellectual property shall be solely to the extent provided for in these terms and conditions.
- (vii)By entering this Competition, you represent and warrant that your submission is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your submission infringes upon the intellectual property rights or other right of a third party, you will be disqualified at our sole discretion. If the content of your submission is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall at your sole expense, defend or settle against such claims. You shall indemnify, defend and hold us harmless from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which we may incur, suffer or be required to pay arising out of such infringement or suspected infringement of any third party rights.
- Limitations of Liability
By entering this Competition, all Participants agree to be bound by these Competition T&Cs and Competition Rules and hereby release the Indemnified Parties from any and all liability in connection with the Participant’s participation in the Competition. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.
- Amendment: To the maximum extent permitted by applicable law, we reserve the right to change these Competition T&Cs at any time, in our sole discretion.
- Entire Agreement: Participation in the Competition constitutes Participants’ full and unconditional agreement to these Competition T&Cs and the Competition Rules. By entering this Competition, all Participants agree that all decisions related to the Competition are final and binding, and that all such decisions are at our sole discretion.
- Waiver of Liability: Neither Sisters Grimm Limited nor any of its affiliates will be responsible or liable for: (i) any failure to receive entries due to transmission failures or other conditions beyond their reasonable control; (ii) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (iii) any disruptions, injuries, losses or damages caused by events beyond their reasonable control; (iv) any postponement, delay or changes that may impact the Award caused by events beyond their reasonable control; or (v) any printing or typographical errors in any materials associated with the Competition.