Terms and Conditions
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions.
2. The competition organiser is Eco Superstar Pty Ltd (ACN available on request) of 21 Blinco Street, Fremantle, WA 6011 ("the Producer").
3. The Competition will be divided into two phases. Challenge One will be commencing from 9am Western Standard time ("WST") on 16th March 2010 date and will continue until 12 pm WST on 14th April 2010 ("Competition Period"). Challenge Two dates will be announced after Challenge One winners have been announced.
4. Entry is open to all Australian residents other than management, employees or contractors of the Producer and other agencies, firms or companies associated with the competition (including suppliers of prizes), and their immediate families ("Entrant")
THE COMPETITION
5. Eco Superstar takes the form of a web-based competition which will also be filmed resulting in a documentary. The competition comprises of 2 stages.
6. The first stage of the competition, or Challenge One, requires the Entrant to submit a video audition to demonstrate he/she has what it takes to be an Eco Superstar. Entrants with the most votes will be shortlisted from which a judging panel will decide on the finalists who will be invited to take part in Challenge Two – the winners of Challenge One will be challenged to make their school more environmentally friendly.
ENTRY
7. To be eligible to enter, individuals must visit www.ecosuperstar.com.au, follow the prompts to the competition entry page, input the requested details and submit the fully completed online "Register to Enter" form.
8. The Producer reserves the right, at any time, at its absolute discretion, to verify the validity of entries and applicants (including an applicant's identity, age and place of residence) and to disqualify any applicant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Producer's sole discretion. Failure by the Producer to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. Incomplete, indecipherable or illegible entries will be deemed invalid.
10. Multiple entries are permitted
11. Entry is open to students from participating schools in the Eastern region of Perth. If you are unsure whether your school is participating please ask a teacher or contact Eco Superstar on info@ecosuperstar.com.au or 08 9336 6006.
SUBMISSION
12. Each completed entry form must be accompanied by a video of the audition ("the Film")
13. The application process is such that the winners of Challenge One will automatically be invited to enter Challenge Two
14. In order to enter the competition, Entrants must produce and submit a short film. Think: short film, interpretive dance, an eco song, a news report about eco crime or a new green idea. What ever it is you must appear and your personality must shine through. Be funny, be serious, be provocative, be inspired.
15. The Film can be created by any means i.e. mobile phone, webcam, digital camera.
16. The Film must be no longer than 2 minutes.
17. The Film must be in one of the following formats: Windows Media Video (.WMV), 3GP (cell phones), AVI (windows), MOV (mac), MP4 (ipod/psp), MPEG, FLV (adobe flash), MKV (h.264)
17b. You will need to upload your film onto You Tube. In order to to do that you must set up an account. If you are under 13 years old then your parent or guardian will need to set up the account on your behalf.
18. The Entrant must upload his/her video via YOU Tube and then copy and paste the link into their registration details.
19. Each Entrant is able to upload multiple Films subject to the voting system outlined below
20. Submissions must be received no later than 14th April 2010
21. Films entered for competition must be filmed so as not to violate any WA law and must be done with the knowledge and prior written consent of those featured within it.
22. Events depicted in the content of each film entered must be in good taste. Nudity, violence and drug taking will not be acceptable and the entrants disqualified.
23. The Producer reserves the right to reject any entry or application and remove any contribution to the website at its absolute discretion.
24. The Producer accepts no responsibility for any entries not received for any reason during the Competition Period. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost, late or misdirected entries. The Producer is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
25. The winners of Challenge One will be invited to join Challenge Two in which they are challenged to make their school more environmentally efficient.
UNDER 18
26. If an Entrant is under 18 years, they must have their parent or guardian's consent submit a submission for competition. The Producer reserves the right to request this consent in writing.
27. A parental or guardian consent referred to in these terms must: consent to the matters referred to in these terms and conditions; and include the words "in consideration of Eco Superstar Pty Ltd agreeing to admit the entrant into this Competition, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Competition".
28. Once consented to, the parental or guardian agrees to and shall be bound by the terms and conditions set out herein.
29. If a prize winner is under the age of 18 years, the prize will be awarded to their parent or legal guardian.
30. Minors may use the prize, but they must have consent from their parent or legal guardian (which the Producer may request in writing).
JUDGING
31. Judging of all Eligible Entries received during the Competition Period for Challenge One will commence from 16th March 2010.
32. As soon as the Film is uploaded to the website it will be subject to voting.
33. Website users can view the Films online and vote and comment on the Films.
34. Website users must register their details online in order to be able to vote or comment on the Films.
35. Voting is done using a star scoring system from 1 to 10, 1 being the lowest score and 10 the highest.
36. If an Entrant has uploaded multiple Films then each Film will be subject to the separate voting.
37. Once a Film has been uploaded it cannot be removed except by the Producer upon receipt of a written request to do so and the reasons why this should occur. The Producer shall use its reasonable discretion to act on the written request.
38. At the end of the voting (date 14th April 2010) the Films which receive the highest votes will be judged by the Eco Superstar panel of judges nominated by the Producer.
39. The results of Challenge Two will determine who is the winner of the competition to become the Eco Superstar.
40. Voting is continuous from the time of upload and the fairness of which will be overseen by the Producer.
41. It is not permissible for an entrant to vote for his/her own entry.
42. The Producer will decide at its absolute discretion as to how many Films go through to the judging panel and/or move to Challenge Two.
43. The final judging for Challenge Two will take place at Eco Superstar c/o Prospero Production office at 21 Blinco Street, Fremantle, WA 6011. This is a game of skill only and chance plays no part in determining the winner.
44. The Producer’s decision is final and binding and no correspondence will be entered into. The Producer reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. Incomplete, illegible or incorrect entries or 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. Any entrant who, in the opinion of the Producer, tampers or interferes with the entry mechanism in any way will be disqualified.
PRIZES
45. A prize will be awarded to the ONE winner of the overall competition i.e. the Eco Superstar
46. Prizes will be sent to each winner at the Producer’s cost.
47. If the Producer is unable to provide a winner with the nominated prize, the Producer reserves the right to supply an alternative prize of similar monetary value.
GENERAL
48. If, for any reason, the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of the Producer, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Competition, the Producer reserves the right in its sole discretion to take any action that may be available, subject to State and Territory regulations.
49. Any cost associated with accessing the website and submitting an entry is the Entrant's sole responsibility and cost and is dependent on the Internet service provider used.
PRODUCER’S RIGHTS
50. The Entrant must ensure and warrants that the Film only includes material cleared for broadcast use on all forms on television, digital and online media, including (where applicable) any words, art, music, photographs, sound recordings, music or footage. The Producer may require the Entrant to provide evidence of these clearances.
51. By submitting the entry the Entrant grants to the Producer a non-exclusive licence in the submitted Film, to exercise all rights in the Film for commercial use in perpetuity throughout the world in all media.
52. The Entrant acknowledges that the Producer is under no obligation to exercise any of the rights granted to it by these Terms and Conditions, and any communication of the Film to the public by the Producer is at the sole discretion of the Producer.
53. By entering the Competition, the Entrant understands and agrees that the Producer may use and disclose the information provided by the Entrant as it sees fit.
54. By entering into the Competition, the Entrant agrees and acknowledges that he/she may be contacted by the Producer to provide comments about the Competition and the Producer (or an agent of the Producer) may take photos of him/her; the Producer may use such comments or photos (the "Materials") for the Producer's unrestricted use without further reference or compensation to the Entrant.In consideration for the right to enter the Competition, the Entrant agrees that the Film may be reproduced, edited and/or adapted at any time by the Producer including for the following reasons:
(i) To ensure the Film meets any legal or classification requirements or to avoid any breach of law;
(ii) For promotional purposes;
(iii) In connection with the exercise of the rights granted to the Producer and in association with this Competition; and
(iv) For broadcast/ use in all media throughout the world in perpetuity
(v) And for these purposes he/she unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of his/her moral rights in the Film.
53. The Entrant acknowledges that the Producer may allow users to view, listen to, reproduce, download, edit, adapt and otherwise deal in the copyrights attached to and embodied in the Film, including all music synchronised within it. The Producer aims to ensure that any use of the Film not authorised by the Producer will not occur, however the Entrant acknowledges that the Producer is not equipped with mechanisms to prevent unauthorised use of the Film, and the Entrant accepts that, to the extent allowable under the law, the Producer has no liability to the Entrant for how the end user elects to view/ use the Film, and as such it may be permanently stored, reproduced, copied, distributed or the like, without recourse or remedy against the Producer.
54. The Entrant warrants that:
(i) All personal details provided in addition to the Film are true and accurate;
(ii) He/she has all necessary rights and licences to grant the rights set out in these Terms and Conditions;
(iii) The Film does not infringe the copyright of other third parties;
(iv) The Film does not contain any material which is obscene or defamatory;
(v) The exercise of the rights granted to the Producer in these Terms and Conditions will not infringe the rights of any third parties;
(vi) and the Entrant will indemnify the Producer, its assignees and licensees, against any loss or damage resulting from any breach of these warranties.
FILMING BY THE PRODUCER
55. This Competition will be filmed and documented as a whole by the Producer. By entering the Competition, the Entrant agrees that that the Producer may tape and photograph the Entrant, and record his/her voice, conversation and sounds, including any performance of any musical composition during and in connection with his/her appearance, image, likeness and that all this , may be edited at the Producer’s sole discretion.
56. The Producer shall be the exclusive owner of the photography and recording of the entire Competition (“the Recording”) and may include the Recording or parts thereof into a film about the Eco Superstar Competition (“the Producer’s Film”). By entering the Competition, the Entrant grants the Producer the right throughout the world in perpetuity to use and license others to use in any manner all or any portion of the Recording and the Producer’s Film. The Producer may market and distribute the Producer’s Film or the Recording in any and all formats and all media whether now known or later devised throughout the World in perpetuity.
57. The Entrant will not have any interest in the copyright in the Producer’s Film or any moral or other rights in the Producer’s Film.
58. The Producer may use the Entrant’s name, likeness, biographical material to promote the Producer’s Film in any other manner that it sees fit.
CONFIDENTIALITY
59. The Entrant agrees not to issue any press releases or other public statements, including but not limited to, speaking to the press about his/her involvement or regarding Producer’s involvement in the Film, the Producer’s Film and or the Competition without Producer’s prior written permission.
INDEMNITY
60. Except for any liability that cannot be excluded by law, the Producer (including its officers, employees and agents) excludes 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 participation in this Competition , including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Producer's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Producer) due to any reason beyond the reasonable control of the Producer; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
NO INJUNCTION
61. In no event shall the Entrant be entitled for any reason to rescind this Agreement or any of the rights granted, nor shall the Entrant be entitled to restrain, enjoin or otherwise impair the production, distribution, exploitation, advertising, promotional publicity of the Competition, the Producer’s Film or any of the rights in or in connection with the Film.
