1. Background
1.1 This competition (Competition) is being conducted by the Property Council of Australia – South Australian Division (Property Council).
1.2 Entrants need to develop a proposal for a new brand for South Australia. The brand must be depicted and promoted in a short video of not more than 75 seconds in length. Entrants will also need to submit a brief written description, of not more than 250 words, as to why they believe their brand best represents South Australia.
1.3 The official entry form and any other information made available by the Property Council regarding conditions of entry form part of these terms and conditions. The submission of an entry into the Competition constitutes acceptance of these terms and conditions.
1.4 For the purposes of these terms and conditions:
(a)Eligible Entry means an entry received by the Property Council for the Competition that complies with these terms and conditions in every respect;
(b)Eligible Entrant means an entrant into the Competition that satisfies the eligibility requirements set out in clause 2.1; and
(c)Entrant means a party that submits an entry for the purposes of the Competition.
2. Eligibility
2.1 Subject to clause 2.2, entry is open to residents of South Australia only.
2.2 Employees of the Property Council (including all State and Territory divisions) and their immediate families are not eligible to enter without the Property Council’s prior written consent.
2.3 The Property Council may, acting in its absolute discretion, declare an entry invalid or ineligible before or after the Closing Time for any reason whatsoever, including if in the Property Council’s opinion:
(a)these terms and conditions are not complied with;
(b)any entry is deemed to be defamatory, offensive or otherwise damaging to the reputation and goodwill of the Property Council; or
(c)an entry has not been made and submitted in good faith.
2.4 Any entrant that submits an entry who, in the Property Council’s opinion, has engaged in any unfair practice (including in relation to voting) will be deemed not to have been made and submitted in good faith.
3. Competition Term & Entry
3.1 The Competition commences at midnight (Central Standard Time) on Sunday 3 June 2012 (Commencement Time) and concludes at midnight (Central Standard Time) on Friday 13 July 2012 (Closing Time). All entries must be received after the Commencement Time and before the Closing Time. The Property Council is not responsible for late, misdirected or incomplete entries or for a failure of any service that may be used to submit an entry.
3.2 Entries can only be submitted online via the Competition website located at www.ReBrandSA.com.au or such other method as approved by the Property Council.
4. Determination of Winner
4.1 The Competition is a game of skill. Chance plays no part whatsoever in determining the winner. Each Eligible Entry will be:
(a)reviewed by the Property Council’s appointed judging panel and judged according to (in the Property Council’s discretion) innovation, imagination, presentation, practical content and relevance; and
(b)made available online via the Property Council for review by the general public who will be entitled to vote using a method approved by the Property Council (Public Review Forum).
4.2 The Public Review Forum will use a voting method approved and facilitated by the Property Council. Subject to compliance with these terms and conditions, the winning entry will be the entry with the most unique counted votes.
4.3 There are two prizes. These are:
(a)the best Eligible Entry as determined by the Property Council’s judging panel (Judges’ Choice); and
(b)the entry that receives this highest score (as described further in clause 4.4) via the Public Review Forum (People’s Choice).
4.4The Property Council will determine in what manner and in what method the People’s Choice is promoted and the terms on which participation takes place via the Public Review Forum. Votes will only be counted if they comply with, at least, the following terms:
(a)the score will be calculated using the ratings and calculation described in paragraph (b) as recorded on the website www.youtube.com and against the entry officially uploaded by the Property Council;
(b)the total points for each Entry will be [(10 x the number of YouTube views) + (25 x the number of likes on the video)]; and
(c)in addition to clause 2.4, the Property Council reserves the right to disqualify from eligibility for the People’s Choice prize any Entry that the Property Council believes has received likes or ratings from the same person on more than one occasion (regardless of whether or not they have used the same YouTube account) or that the Property Council believes has otherwise been subject to vote rigging, stacking, exchanging or other unfair practice.
4.5 The winner of the Judges’ Choice and the People’s Choice will be offered the Judges’ Prize and the People’s Prize respectively (as defined in clause 5), subject to the winner agreeing to the conditions set out in clause 5. The winner of the Judges’ Choice and the People’s Choice can be the same person.
4.6 In relation to both the Judges’ Choice and the People’s Choice, the Property Council’s decision is final.
4.7 The winner of the People’s Choice will be notified by telephone and email on Saturday 14 July or as soon as reasonably practicable after that time. The winner of the Judges’ Choice will be notified by telephone and email on Friday 20 July or as soon as reasonably practicable after that time. The name of the winner(s) and the winning Eligible Entry(s) will be published and made available by the Property Council, including on its website and other media.
5. Prize
5.1 Subject to compliance at all times with these terms and conditions, the winning Eligible Entry(s) will be offered the following prizes:
(a)Judges’ Choice – AU$5,000 (Judges’ Choice Prize); and
(b)People’s Choice – AU$5,000 (People’s Choice Prize).
5.2 Any additional costs associated with the Judges’ Choice Prize or the People’s Choice Prize (including taxes that may be incurred by the winner(s)) are the sole responsibility of the relevant winner.
5.3 To claim the Judges’ Choice Prize or the People’s Choice Prize, the relevant winner must provide confirmation of its acceptance of the relevant prize within the period of time specified by the Property Council and participate in reasonable media, promotional or other activity undertaken or arrange by the Property Council in relation to this competition.
5.4 Each prize must be taken in the form nominated by the Property Council. The Property Council reserves the right to amend either of the Judges’ Choice Prize or the People’s Choice Prize at any time during the competition.
5.5 Where more than one (1) entry receive the same points rating for the People’s Choice Prize, the prize pool will be divided into equal shares.
6. Intellectual Property Rights
6.1 All intellectual property rights in each entry will be assigned to the Property Council on entry. For the avoidance of doubt, this includes all intellectual property rights in the video and accompanying text.
6.2 The Entrant acknowledges that no further documentation is necessary to complete the assignment described in clause 6.1, but agrees to do all things and execute all documents reasonably requested by the Property Council to enable the Property Council to assure further the rights assigned if requested
6.3 The Entrant warrants that:
(a) the entry is an original work and does not infringe the intellectual property rights of any third party (including any person involved with or featuring in an entry); and
(b) it has obtained all consents and permissions (including those related to moral rights) necessary to allow the Property Council to deal with the entry in accordance with these terms and conditions and otherwise without restriction.
7. General Terms
7.1 In the case of intervention of any outside act, agent or event which prevents or significantly hinders the Property Council’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions or otherwise, the Property Council may in its absolute discretion cancel, terminate, modify or suspend the competition and/or recommence it from the start.
8. The Entrant agrees to indemnify and hold harmless the Property Council and each of its agents, instrumentalities, officers and employees and to keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees on a solicitor and own client basis), claims and damages arising from:
(a) any breach by the Entrant of these terms and conditions;
(b) the submission of the entry into the Competition;
(c) the use by the Property Council of any entry to promote the Property Council or its activities; and
(d) the award and/or acceptance of the Prize.
8.2 The conduct of the Competition and these terms and conditions are governed by the laws of South Australia. By submitting an entry, the Entrant submits to the exclusive jurisdiction of the courts of South Australia.
