Competition Terms & Conditions (Game of Skill)

 

Schedule to Terms of Entry

 

This Schedule together with the Terms of Entry constitute the Competition Terms of Entry for the Program. Please read the Terms of Entry attached to this Schedule which applies to the Program.

 

1.	Program	OTR “Search for a Christmas Star” Competition
2.	Producer	The Christmas Network Pty Ltd (ABN 38 613 048 436) of L102/63 Turner Street, Port Melbourne VIC 3207
3.	Promotional Partner	Peregrine Corporation (ACN 008 150 543) of 270 The Parade, Kensington SA 5068
4.	Website/s	http://activetv.tv/   http://www.adelaidecarols.com.au/   http://www.peregrine.com.au/   http://www.ontherun.com.au/   http://www.searchforachristmasstar.com.au/
5.	Program Period	Program Period   Entry into the Program commences at: 3:00pm ACST Monday 8 October 2018   Entry into the Program closes at: 11:56pm ACST Tuesday 6 November 2018   Voting Period   Voting commences at 6:00am ACST Thursday 22 November 2018   Voting closes at 11:59pm ACST Sunday 2 December 2018
6.	Eligible States and Territories   Clause 2	Entrants must be an Australian citizen or resident and currently reside in South Australia.
7.	Age Restriction   Clause 2	Entrants must be: 16 years of age or over.   Entrants under the age of 18 years of age must attain parental permission.
8.	Maximum Number of Entries   Clause 2	Entrants may submit one (1) entry each and must independently comply with these Competition Terms of Entry.   Entrants into the Program are not eligible to vote or receive a Voter’s Prize.   Voting   Voters may submit one (1) vote each during the Voting Period and must comply with the Competition Terms of Voting as at the time of voting.
9.	Entry Method   Clause 3	App/Website Entry   During the Program Period:   a) Entrants must download the OTR app onto their mobile phone, register a free account using their full name, click through to the competition link via the app homepage, complete the online application form in the manner required and upload a maximum 90 second video of the entrant introducing themselves and completing a vocal performance either acapella or with a backing track. Acceptable video formats are .mp4, or .mov. Video files submitted for this competition cannot exceed 350mb. Any file size bigger than the above specifications will be deemed invalid.   b) Each valid entry submitted during the Program Period will be individually reviewed by representatives of the Producer. At the discretion of the Producer, the Program may call entrant/s during the judging process to discuss the entrant’s entry. For the avoidance of doubt, if an entrant is spoken to by a representative of the Producer, it does not mean that the entrant is deemed a Finalist or a winner.   Voting Period   Between 6:00am ACST Thursday 22 November 2018 and 11:59pm Sunday 2 December ACST, the recorded five (5) Finalists’, as chosen by the Judges, performances will be featured on the Website.   During this time, members of the public (Voters) will be invited to visit the Website, complete the voting form in the manner required and ‘vote’ for their favourite Finalist.   Major Prize   Between 9:00am ACST Monday 3 December 2018 and 5:00pm ACST Monday 3 December 2018:   The Producer will publicly announce the details of the Finalist winner deemed to be the receiver of the most public online votes, and will award that Finalist the Major Prize.   Runners’ Up Prize   Between 9:00am ACST Monday 3 December 2018 and 5:00pm ACST Monday 3 December 2018:
10.	Entry Restrictions	Any content which entrants submit as part of this Program must be accurate, unaltered and the entrant’s own vocals. Any entry submitted that does not meet this requirement (as determined by the Producer in their sole and absolute discretion) may be deemed invalid.   The decision by the Producer to accept or reject an entry is in the Producer’s sole and absolute discretion and no correspondence will be entered into.   Entrants must be able to participate Semi-finals live in Adelaide Saturday 17th December 2018 and Sunday 18th December 2018 and in the Major Prize between Thursday 13 December 2018 (Rehearsal Days X 2) and Saturday 15 December 2018 (Final Performance).   By entering into this Program, an entrant consents to their voice, name, location, image (likeness or otherwise) and recorded content (photo and or video) and any other information submitted to the Producer being broadcast on air and/or published online (destinations include but not limited to http://www.adelaidecarols.com.au/, http://www.peregrine.com.au/ and http://www.ontherun.com.au/, as well as the Producer’s, the Promotional Partners’ social channels (including but not limited to Facebook, Instagram and Twitter) and podcasting, and each entrant consents to the content of their entry being broadcast on air and/or published online.   The Finalists’ and Major Prize winner’s participation in this Program will be filmed and recorded. The content captured (audio, image, video) will be edited at the Producer’s discretion and will be published online (destination include but not limited to http://www.adelaidecarols.com.au/, http://www.peregrine.com.au/ and http://www.ontherun.com.au/, as well as the Producer’s, the Promotional Partner’s social channels (including but not limited to Facebook, Instagram and Twitter) and podcasting, and each entrant consents to the content of their entry bring broadcast on air and/or published online.     Entries in the Producer’s judgement that contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third-party rights (including intellectual property rights) will be deemed invalid.
11.	Judging   Clause 12	Program Period   All valid entries received during the Program Period will be individually judged by the Judges at the Producer’s premises between the dates and times indicated in the Entry Method above. All valid entries will be judged based on the Judging Criteria. Five (5) Finalists will be chosen by the Judges for the public to vote for during the Voting Period.   Voting Period   All five (5) finalists will pre-record a Christmas song performance chosen at the Producer’s discretion to which this will be used for voting purposes. During the Voting Period, the public will be able to vote for their favourite Finalist in the manner required, culminating in the Finalist with the most votes winning the Major Prize.
12.	Judging Criteria   Clause 12	All valid entries received during the Program Period will be judged by the Judges based on personality, vocal ability and suitability or as otherwise specified by the Producer (in the Producer’s sole and absolute discretion).   All five (5) Finalists chosen by the Judges will be judged by the public during the Voting Period whereby the Finalist with the most valid votes received will be deemed the Major Prize winner.
13.	Prize   Clause 16 - 18	Minor Prize   There are four (4) Minor Prizes to be won, consisting of: Pre-show individual/group performance at the Adelaide Carols on Saturday 15 December 2018. 1 X $100 OTR Gift card per finalist 1 X year of Free C Coffee * per finalist   Major Prize   There is one (1) Major Prize to be won, consisting of: Three (3) nights accommodation for two (2) persons at a five-star hotel in Adelaide CBD; Daily allowance for one (1) person for 3 full days; One (1) hour mentoring session with Graham (Musical Director) Live solo performance at the Adelaide Carols on Saturday 15 December 2018. 1 X $100 OTR Gift card 1 X year of Free C Coffee *   * 260 free reward C Coffee regular size beverages loaded onto OTR App Account of each Finalist. Valued $975 per person.
14.	Prize Restrictions   Clause 16 - 18	Entrants must be able to take the Minor and Major Prizes between Thursday 13 December 2018 and Saturday 15 December 2018. Dates and schedules of the Minor and Major Prizes are not under the Producer’s control and are subject to change. The Producer takes no responsibility for any date or schedule changes.   For the avoidance of doubt, under no circumstances will the Minor or Major Prize winners be paid for any duties undertaken during the above Minor and Major Prize dates.
15.	Notification of Winner/s   Clause 20	Winners will be notified by one or more of the following by 5:00pm ACST Monday 3 December 2018   mail / email / phone / in person / on-air at the time of winning / website(s) / social media
16.	Prize Claim Date   Clause 21	Prizes must be claimed/acknowledged by the Minor and Major Prize winners by 5:00pm ACST Tuesday 4 December.
17.	Prize Delivery   Clause 16 – 18	The Minor and Major Prize winners will be contacted by the Producer via phone and email with information and instructions on how to claim their prizes.
18.	Additional Conditions

 

 

COMPETITION TERMS AND CONDITIONS

 

Terms of Entry

The Christmas Network Pty Ltd (ABN 38 613 048 436) which includes its related bodies corporate and all of their employees, contractors and agents (“Producer”) is inviting applications from persons who may be interested in participating in a new online competition for singers, “OTR Search for a Christmas Star” (“Program”).

In return for the Producer considering your application, the person making this application ("You"/"Your"/"Applicant"/”Entrant”) as an individual, agree to the terms and conditions set out below and represent and warrant that all of the information and answers You provide are true and correct to the best of Your knowledge and belief.

1. Schedule & Terms of Entry

 

(a) These Terms of Entry must be read together with the Schedule for this Program. The Schedule defines certain terminology used in these Terms of Entry. By Entering the Program, You accept these Terms of Entry.

 

(b) To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails. For the avoidance of doubt, the Producer’s General Terms of Entry (available on the relevant website) do not apply to this Program.

 

2. Eligible Entrants

 

(a) You must be 16 years of age or older at the time of making this application. If You are between 16 and 17 years of age, You understand and agree that You must have the permission and agreement of Your parents or legal guardian to take part in the Program, and Your parent or legal guardian must also agree to these terms and conditions and sign the Participant's Agreement and all releases and waivers and other documents that You are required to sign in respect of Your participation in the Program.

 

(b) Your usual place of residence is within the state of South Australia and You agree to provide to the Producer Your proof of address.

(c) You are either an Australian citizen or have been a permanent resident of Australia for at least 2 years at the time of making this application.

 

(d) You may only submit one (1) application.

(e) You are applying in Your personal and private capacity and You are not an employee of, or in any way associated with, Peregrine Corporation, any television broadcaster, news or media organisation, including any web based media or other online platform or outlet, either in Australia or elsewhere.

(f) Now and during the past 2 years, You have not been an employee, officer, director or agent of the Producer, Peregrine Corporation, any Australian television broadcaster or any of their related companies, associates or affiliates and neither is any member of Your immediate family or anyone living at Your usual place of residence.

 

(g) If You are discovered to have used or attempted to use any more than one name in order to enter the Program by the Producer except in the case of a legal change of name in this Program You will be ineligible to enter this Program.

 

(h) You must only register in Your own name. Any entries of an applicant who is deemed by the Producer to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Producer, be deemed invalid.

 

(i) The Producer may require You to promptly provide identification including (without limitation) proof of identity, proof of age and proof of residency (to the Producer’s satisfaction, at its sole discretion) in order to confirm Your identity, age, residential address, eligibility to enter, participate and claim a Prize. In the event that You fail to produce such proof, You will be ineligible for the Program.

 

3. To enter the Program, You must follow the Entry Method during the Program Period. Entries must be received by the Producer during the Program Period.

4.       You understand that You may discontinue Your participation in the application process at any time. If You discontinue Your participation in the application process or refuse to undertake any activity during the course of the selection process, You acknowledge that You will no longer be eligible to participate in the Program but that all terms and conditions of this application will continue to apply to You.

5.       You acknowledge that the Producer has no obligation to select You to participate in the Program or in any stage of the application process for the Program and that all such decisions shall be at the sole and absolute discretion of the Producer. You agree that the Producer may disqualify You at any time from participation in any stage of the application process without providing any reason.

6.       Other than as disclosed by You to the Producer, You are not subject to any pending criminal charges or other court orders or proceedings, nor have You been charged, found guilty or convicted of any criminal offence (other than “spent convictions” that are no longer disclosable under applicable local law).

7.       You consent to the Producer conducting or arranging a criminal history check on You. You also agree to provide the Producer with any further information reasonably requested by the Producer.

8.       You are willing to submit medical information to the Producer and You hereby authorise an appropriately qualified person or entity as designated by the Producer to conduct psychological and physical examinations of You as required by the Producer. You further authorise the individuals conducting such examinations of You to disclose to the Producer all information about You (including sensitive information) obtained in connection with such examinations, and authorise the Producer to utilise such information in selecting participants for the Program.

9.     You irrevocably and unconditionally grant to the Producer a royalty-free licence to exploit the video that You have uploaded as part of Your application, at its sole discretion, including in connection with the Program, anywhere, at any time, in any media, even if You are not selected to participate in the Program, all without requiring any further consent from You or making any payment to You.

10.     You consent to being photographed, filmed and/or recorded as part of the application process for the Program and to Your name, likeness, voice, appearance and performance being used (in whole or in part):

(a) in the Program (including broadcast of the Program); and

(b) in publicity and promotion for the Program,

at any time and in any media throughout the world, without requiring any further consent from You or any payment being made to You.

11.     In the event that You are selected to continue further in the selection process for the Program and, if You are successful, the Program itself, then prior to and as a condition for Your participation, You understand and agree that You will be required to sign a separate Participant’s Agreement with the Producer and that the Participant’s Agreement will provide that in consideration of Your participation in the Program, the Producer will own all of the rights in the Program including Your contribution and performances which will be freely available for broadcast and all other media purposes without restriction (inclusive of promotion and publicity of the Program and all other ancillary purposes associated with the Program) and without any payment to You.

 

12. Judging & Judging Criteria

 

(a) Chance plays no part in determining any winners of the Program. Each valid entry till be individually judged (by representatives of the Producer) based on the Judging Criteria. The Prize will be awarded to the valid entrant which best meet the Judging Criteria, as determined by the judges. The judges’ decisions are final and no correspondence will be entered into.

 

(b) Once Your entry is submitted, You acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Producer).

13.     Confidentiality

(a) You acknowledge that it is very important to the Producer that all matters concerning the Program are kept absolutely confidential. You understand that in participating in the application process You may obtain information about the selection criteria, other Program participants (including their identity), the filming locations, planned activities and other intended content of the Program, its “behind the scenes” activities, the intended production, publicity and promotional methods for the Program and the business matters of the Producer, its broadcast licensees and/or any other person or entity related to any of them, all of which is not generally available to the public and remains strictly confidential unless and until the relevant information is broadcast as part of the Program or otherwise officially released to the public by the Producer, its broadcast licensees or persons authorised by them. This is all “Confidential Information”.

(b) You promise that at all times You will keep the Confidential Information secret and confidential, that You will not use the Confidential Information for any purpose and You will not disclose, except to the extent required by law, any of the Confidential Information to any other person or allow or make it possible for any other person to see any Confidential Information that may be in Your possession or control.

(c) You promise not to photograph, film or record any audition or any other activity in which You participate in connection with the Program, except as expressly directed by the Producer.

(d) You promise that You will not, directly or indirectly, make any statement or give any interview about the Program or Your participation in the application process at any time to any form of media outlet, platform or organisation and that You will not post or publish any Confidential Information, photograph, video or other material concerning Your participation in the application process on or via any form of ‘social media’ (including but not limited to Facebook, Twitter, Instagram, Snapchat or YouTube) except as expressly directed to do so by the Producer and/or its broadcast licensees, nor allow or procure any other person to do any of these things for or on Your behalf, regardless of whether or not You are chosen as a participant for the Program.

14.     Release

(a) You acknowledge and agree that Your participation in the application process for the Program is voluntary and at Your own risk. You agree that the Producer will not be liable to You in any way for any loss, damage or injury to You, Your property or reputation in connection with Your participation in any audition and/or the making or uses of any information, video or other recording of You that is provided by You or otherwise created in the course of Your participation in the application process.

(b) To the maximum extent permitted by law, You unconditionally release and shall continue to hold the Producer, its licensees and their respective employees, officers, contractors and agents (“Released Parties”) harmless from and against any actions, claims and any other remedies whatsoever including injunctive relief in connection with any loss, damage or injury to You, Your property and/or Your reputation in connection with Your participation in the application process for the Program, including Your attendance at any audition location, any travel to and from such location and the uses of any material provided by You, recordings of You, or information provided by You as contemplated in these Terms & Conditions.

15.     You irrevocably and unconditionally: grant to the Producer, its licensees and their respective licensees, successors and assignees a royalty-free licence to communicate, adapt and exploit any photographic or video material (including all copyright subsisting in the same) that You have uploaded and/or submitted as part of Your application, at their sole discretion, including in connection with the Program; and consent to the editing, amending or adapting of any such material regardless of whether such act is an infringement of any moral rights, anywhere, at any time, in any media, even if You are not selected to participate in the Program and without requiring any further consent from You or making any payment to You.

 

16. Prize

 

(a) The Prize for this Program is specified in The Schedule.

 

(b) The Prize must be taken as offered and cannot be carried. No prize is transferable or exchangeable, not can it be redeemed for cash. In the event for any reason a winner does not take an element of any Prize at he time stipulated by the Producer, then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize.

 

(c) The Producer accept no responsibility for any variation in Prize value. Where the Prize is unavailable for any reason, the Producer may substitute for the Prize another item of equal or higher value as determined by the Producer.

 

(d) Prizes will be provided by the Producer to the winner as stated in the Prize Delivery section of the Schedule.

 

17. Events

 

If the Prize includes any events, the following terms will apply:

 

(a) ID to enter the venue is required. The venue reserves the right to refuse any person entry into the venue, including, but not limited to, those who appear drunk or intoxicated;

 

(b) Dress standards apply (at the discretion of the venue);

 

(c) The Producer will not be liable and takes no responsibility for any refusal of entry by the venue or any person for any reason; and

 

(d) Responsible services of alcohol laws will be strictly enforced.

 

(e) If the Prize involved the winner and their companion (if applicable) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Producer’s discretion, the relevant winner (and their companion, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the Prize.

 

18. Travel Prize

 

If the Prize includes any travel, the following terms and conditions will also apply (where applicable):

 

(a) If the Prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Producer.

 

(b) You are responsible for your own transport to/from the provided accommodation on the arrival and departure dates provided by the Producer.

 

(c) Any accommodation constituting part of a Prize (if applicable) are subject to booking availability, availability of specific room category availability with accommodation partner. All costs associated with a travel Prize which are not specified to be included in the Prize, including but not limited to any transfer costs, meals, taxes, insurance and all other ancillary costs, are the responsibility of the winner and their companion/s (if applicable).

 

(d) Redeeming the prize and any tickets, passes or vouchers, issued as part of the Prize is conditional on acceptance of terms and conditions as detailed by the Producer.

 

(e) The winner must have a mobile phone with them at all times during their participation in the Prize, and they must be able to make and receive calls. All costs of the winner’s mobile phone will be the responsibility of the winner. The Producer takes no responsibility for any additional costs associated with a winner taking or using a mobile phone during the Prize, including but not limited to all call and data charges.

 

(f) The prize winner and their companion (if applicable) must follow all reasonable directions given by the Promoter and any prize supplier during the course of their participation of the Prize, including all directions in relation to health, age, behaviour, safety and legal and responsible consumption of alcohol. No compensation will be payable if the winner and or their companion are unable to use any element of the Prize as stated for whatever reason, including refusal of entry into the relevant event, or participation in any other activities for health, age, behaviour or safety reasons, If the winner or their companion fails to participate in the Prize in the manner required, as stated in this condition and/or in the reasonable opinion of the Producer or any prize supplier, the balance of the Prize will be forfeited with no compensation payable.

 

19. If requested by the Producer, You and Your companion (if applicable) must sign an indemnity and exclusion of liability form in favour of the Producer and its Promotional Partners, provided by the Producer prior to participating in any activities in connection with the Program or prior to taking a Prize. Failure to do so means the Producer may deem Your entry invalid.

 

20. Notification of Winners

 

The winner/s will be notified as stated in the Notification of Winners section of the Schedule.

 

21. Prize Claim Date

 

If any Prize is not claimed by the Prize Claim Date as stated in the Schedule, the Producer reserves the right to award the relevant Prize/s to the next best valid entry or entries (as applicable) which meet the Judging Criteria, as determined the Producer/Judges. If a Prize is no longer capable of being redeemed, the new winner/s will receive a Prize as determined by the Producer, at their sole and absolute discretion.

22.     Personal Information

(a) A copy of the Producer’s Privacy Policy in relation to the treatment of Personal Information collected in connection with this Program may be accessed on the Producer’s website at

http://www.adelaidecarols.com.au/

 

(b) By entering and participating in the Program in the manner required, entrants agree to the collection and disclosure of their Personal Information in accordance with the relevant collection statement notified to the entrant at the time of entering the Program.

 

(c) Third Party Personal Information. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the producer for the purposes of the entrant’s participation in this Program has given their implied or express consent for their details to be provided to the Producer and any of its related bodies corporate and to be contacted by the Producer or any of its related bodies corporate in relation to this Program.

 

Personal Information means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information of opinion is true or not and whether the information or opinion is recorded in a material form or not.