Channel 7 – Sunrise – Design Miss Universe Australia’s 2014 Costume Competition
THE 2014 AUSTRALIAN NATIONAL COSTUME APPLICATION DETAILS
By entering into the “Miss Universe Australia 2014 Australian Costume Competition” (the “Competition”), the entrant agrees to be bound by the following terms and conditions as amended from time to time (the “Conditions”).
The Competition is conducted by Cosmopolitan (VIC) Pty Ltd (ACN 088 379 828) of 537 Malvern Rd, Toorak 3142 Victoria Australia (the “Promoter”). The Competition is managed on a day-to-day basis by the Promoter.
All references to times and dates in these Conditions are references to times and dates in Melbourne, Australia (which will either be in Australian Eastern Standard Time or Australian Eastern Daylight Savings Time, whichever is applicable in Melbourne, Australia) and are based on the 24 hour clock. 00:01hrs is the start of a day and 23:59hrs is the end of a day.
2.1 Mode of Entry
To enter the Competition, entrants must submit by email to email@example.com the following documents:
(i) Completed Registration Form; and
(ii) A sketch of the proposed costume to be made by the entrant or a photograph of the costume made by the entrant for the purposes of the Competition;
The entrant may also submit the following optional documents as email attachments in support of their design:
Photographs supporting the description of the design; and
Scanned or photographed fabric samples and other design elements which will be included in the construction of the entrant’s costume.
Please ensure you limit the email size and attachments to 5MG.
The guide/estimated for measurements of Miss Universe Australia, who will be wearing the costumes, is:
height: 176 cm;
bust: 31 inches/ 81 cm
waist: 25 inches/ 65 cm;
hips: 35 cm/ 89 cm;
To be eligible for entry into and continued participation in the Competition, an entrant must qualify as an “Eligible Entrant” by meeting the following conditions:
(i) The entrant must be an Australian resident who is aged over 16 years of age as at the date of entry;
(ii) If entrant is under the age of 18 the entrant must have written permission from a parent or guardian to enter the Competition;
(iii) The entrant may be an individual or a group of individuals. Where the entrant comprises a group, these Conditions apply to the individuals jointly and to each individual severally;
(iv) The entrant must only submit one entry. Entrants who are part of a group may not submit entries individually or as part of other groups;
(v) If the entrant is a group, the entrant must elect one member from the group to win the major prize under clause 5;
(vi) Subject to clause 2.6, the entrant may submit a new design or an existing design which fits the Design Requirements attached;
(vii) The entry must be designed by the entrant and the entrant must be the sole owner of all intellectual property in and related to the entry and the submitted designs;
(viii) The entrant must keep the entry confidential prior to the commencement of the voting period (Monday 28th July to Friday 3rd October 2014);
(ix) The entrant must be able to construct the designed costume at the entrant’s own cost if selected as a finalist, including any accessories. If the Promoter reasonably believes that the entrant cannot comply with this clause the Promoter may disqualify the entrant and may in its discretion use the entrant’s designs as set out in these Conditions or substitute another entrant in the place of the finalist.
(x) Entry in to the Competition is at the sole discretion of the Promoter. The Promoter reserves the right to reject any entry without grounds or any obligation to inform the entrant or provide reasons.
Receipt of entries
The Competition opens at 09:00 AEST on Monday 30th June 2014 and closes at 17:00 AEST on 20 Friday 25thJuly 2014 All valid entries received during this period will be considered for the major prize to be awarded under clause 5, and any entries received outside of this period will be invalid.
Finalists are responsible for ensuring their completed costume is received at the Promoter’s head office at 537 Malvern Road Toorak VIC 3182 by 17:00 AEST on Monday 15th September 2014 In the event that the finalist does not have their complete costume delivered by the set date or time, the finalist will no longer be eligible to take part in the competition, and the Promoter may in its discretion use the entrant’s designs as set out in these Conditions or substitute another entrant in the place of the finalist.
Entries will be deemed to have been received at the time of receipt into the Promoter’s Competition database and NOT at the time of transmission by the Eligible Entrant. The Promoter’s decision as to time of receipt will be final and binding.
The following entries in the Competition are prohibited and will be deemed by the Promoter to be invalid:
(i) multiple entries filed by one entrant; and
(ii) any entry which the Promoter reasonably suspects has been submitted using false, incorrect, fraudulent or misleading information, including but not limited to entries containing incorrect personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts; and
(iii) any entry which is not the entrant’s original design or work, or is reasonably believed by the Promoter to infringe another person(s) or company’s design or work; and
(iv) any entry comprising a design or other material which has been previously published, or which is published by the entrant in breach of clause 2.4 (viii) above, anywhere in the world.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including, but not limited to an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Conditions or who tampers with the entry or Competition question process. Correction of errors and/or omissions to entries may be accepted at the Promoter’s discretion.
3. FINALISTS’ PRIZE AND DECISION 3.1 Finalists’Prize
There will be one (1) prize awarded in the Competition to each of the Top 4 Finalists (the “Finalists’ Prize”) provided by the Media Sponsor, comprising:
(i) return economy class airfares for one (1) adult, from the winners nearest capital city to Sydney to attend a live to air media interview on Channel Seven’s Sunrise program on Monday 22nd September 2014 (including all airline and airport taxes), valued up to $2,000 (depending on finalists’ point of departure); and
(ii) one (1) nights’ accommodation (min, 3 star) in Sydney on Sunday 21st September 2014, valued at approximately $250.
Total finalist prize value: up to $9,000 (up to $2,250 per finalist).
3.2 Conditions of Finalist flights
(i) Flight portion of the finalist prize is not available if the finalist resides in New South Wales.
(ii) Eligible Australian capital cities include Melbourne, Brisbane, Adelaide, Darwin, Hobart, and Perth.
If the Finalists’ Prize (or part of the Finalists’ Prize) is unavailable for any reason, the Promoter may, in its absolute discretion vary times, schedules or dates, or substitute alternative goods or services of no lesser retail value and/or specification, subject to availability.
3.4 Selection of the Top 4 Finalists
The four finalists (the “Top 4 Finalists”) will be selected by a panel of individuals nominated by the Promoter who have experience and/or expertise in the fashion industry. Judging criteria and selection of finalists and the winner will be at the absolute discretion of the judging panel. Finalists will be notified by phone and/or email on or about Monday 28th July 2014 by the Promoter.
3.5 Acceptance of Finalists’ Prize
The Top 4 Finalists must accept the Finalists’ Prize by providing confirmation of acceptance to the Promoter in writing via email or mail received by the Promoter by 17:00 AEST on Wednesday 30th July 2014. If, for any reason, any of the Top 4 Finalists do not provide such notification of acceptance of the Finalists’ Prize by the time and date, then the finalist will forfeit his/her claim to the Finalists’ Prize, and the Promoter reserves the right to re-offer the Finalist’s Prize to another entrant.
Following acceptance of the Finalists’ Prize, the finalist will be responsible for liaising directly with the Media Sponsor to arrange all bookings and complete all documentation necessary to redeem the Finalists’ Prize.
4. FINALISTS’ CONDITIONS OF ENTRY AND ACCEPTANCE 4.1 Acceptanceoftravelterms
As a condition of accepting and redeeming the Finalists’ Prize, the finalist must accept and agree to:
the standard terms and conditions of any service providers where such service forms part of the Major Prize (including, but not limited to, the standard terms of carriage of the airline with which the Winner travels as part of the Major Prize); and/or
such other legal documentation as may reasonably be required by the Promoter and/or the Media Sponsor in their absolute discretion.
As a condition of accepting and redeeming the Finalists’ Prize, the finalist must:
be able to travel to Sydney to be present on Monday 22nd September 2014 at the Sunrise Studio, Sydney;
be responsible for all other expenses, unless expressly stated in these terms and conditions, including but not limited to meals,) incidentals, tips, service charges, travel insurance, visas and all transfers other than those specified. Travel insurance is not included in the prize and will be the responsibility of the winner.
have organised transport to/from the airport departure/return point;
have valid travel insurance for their period of travel while redeeming the Finalists’ Prize.
Without limiting the Promoter’s rights, the Promoter has no obligation to alter schedules or substitute prizes if a finalist is unable to participate in the prize for any reason.
As a condition of accepting and redeeming the Finalists’ Prize, the finalist must:
use the Finalists’ Prize on the travel dates notified to the finalist by the Promoter or Media Partner in accordance with these Conditions;
depart from and return to the same departure point;
make their own way to their nearest capital city airport. If the finalist is from a regional city area within Australia, travel arrangements to and from the nearest capital city airport do not form part of the prize and are the responsibility of the finalist.
The Promoter will provide one (1) major prize awarded in the Competition (the “Major Prize”) to the winner as selected below, comprising:
MAJOR PRIZE AND DECISION
return economy class airfares for one (1) adult, from the winners nearest capital city to Sydney to attend the Sunrise Studios on Monday 6th October 2014 (including all airline and airport taxes), valued up to $2,000 (depending on finalists’ point of departure); and
one (1) nights’ accommodation (min, 3 star) in Sydney Sunday 5th October 2014, valued at approximately $250.
return economy class airfares for one (1) adult to Donald Trump’s International Miss Universe Final during December 2014 (final date and location to be confirmed) to see the winning creation live on stage, valued up to $3600 (including all airline and airport taxes); and
5-nights’ (minimum 3.5 star) accommodation for one (1) adult, valued at approximately $1500.00
5.2 Conditions of Major Prize winner flights
(i) Flight portion of the finalist prize at 5.1(i) is not available if the finalist resides in New South Wales.
(ii) Eligible Australian capital cities include Melbourne, Brisbane, Adelaide, Darwin, Hobart, and Perth.
Major prize value is (up to) $7,350.00
Total Prize value for the Winner is (up to) $9,600.00. 5.3 VariationinMajorPrize
If the Major Prize (or part of the Major Prize) is unavailable for any reason, the Promoter may, in its absolute discretion vary times, schedules or dates, or substitute alternative goods or services of no lesser retail value and/or specification, subject to availability.
(i) To determine the winner, each Competition Finalist’s entry will be published on the Sunrise website yahoo7.com.au/sunrise between 09:00 AEDT 22 September 2014, and 09:00 AEDT 3 October 2014 for public voting. The finalist that accumulates the most numbers of votes from the Sunrise website will be deemed the major prize winner. The winner of the Major Prize (the “Winner”) will be announced on or about 6 October 2014 between 08:00 AEDT and 09:00 AEDT, such announcement to be made by the Media Sponsor.
Acceptance of Major Prize
The Winner must accept the Major Prize by providing confirmation of acceptance to the Promoter in writing via email or mail by 17:00 AEDST on 7th October 2014. If, for any reason, the Winner does not provide such notification of acceptance of the Major Prize (or part thereof) by that date, then the Winner will forfeit his/her claim to the Major Prize (or such part thereof as has not been accepted), and the Promoter reserves the right to re-offer the Major Prize to another Finalist. Following acceptance of the Major Prize, the Winner will be responsible for liaising directly with the Promoter to arrange all bookings and complete all documentation necessary to redeem the Major Prize.
It is the responsibility of the winner to enquire about local issues and conditions at destinations before travel. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. Compliance with any health or other government requirements is the responsibility of the prize winner. International travel advice can be obtained from various sources, including government, local consular offices and the website of the Australian Department of Foreign Affairs and Trade.
If two or more finalists are tied at the end of the voting period on 3 October 2014, the judging panel will select the major prize winner. All judging decisions are in the discretion of the Promoter and the judging panel, are final and no correspondence will be entered into.
Any dates set out in these Conditions may be reasonably varied by the Promoter, including in response to requests or requirements of media partners.
All travel forming part of the Major Prize is subject to change and availability, including availability of airline seats and/or accommodation. The itinerary (including travel dates) is to be determined by the Promoter in its absolute discretion.
6. WINNER’S CONDITIONS OF ENTRY AND ACCEPTANCE 6.1 Acceptanceoftravelterms
As a condition of accepting and redeeming the Major Prize, the Winner must accept and agree to:
(i) the standard terms and conditions of any service providers where such service forms part of the Major Prize (including, for example, the standard terms of carriage of the airline with which the Winner travels as part of the Major Prize); and/or
(ii) such other legal documentation as may reasonably be required by the Promoter and/or the Media Sponsor in their absolute discretion.
As a condition of accepting and redeeming the Major Prize, the Winner must:
be in possession of a valid passport with a minimum of six (6) months validity as at the date of their departure from Australia;
have organised transport to/from the airport departure/return point; and
have valid travel insurance for his/her period of travel, and valid visas for travel to and stay in the destination country, when redeeming the Major Prize.
6.3 Redeeming the Major Prize
As a condition of accepting and redeeming the Major Prize, the Winner must use the Major Prize on the travel dates notified to the Winner by the Promoter in accordance with these Conditions. The Major prize winner must be able to attend the Sunrise Studio, Sydney on 6 October 2014.
Once bookings for the Finalists’ Prize and Major Prize have been confirmed, the finalists and Winner are responsible for making any amendments and paying all fees issued by airlines or other suppliers in connection with such amendments.
All costs incurred by the finalists or Winner in connection with:
(i) (ii) (iii) (iv) (v)
obtaining necessary visas and/or valid passports; vaccinations and/or other health measures; meals (other than those which may be included); insurance;
transport to/from the departure point;
taxes (excluding airline and airport taxes); additional spending money; and
Finalists will be solely responsible for any costs not expressly stated in these terms.
Frequent flyer points (or equivalent) will not be granted to Finalists or the Winner for flights completed in conjunction with this Competition.
8. INTELLECTUAL PROPERTY 8.1 Grantoflicence
Each entrant who submits subject matter or content to the Promoter in connection with the Competition, including:
(i) any designs, copyright works and other material submitted by an entrant as part of his/her initial entry into the Competition; and
(ii) any constructed costumes submitted,
in any medium or format (the “Content”), licenses and grants to the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub- licensable right to use, reproduce, modify, adapt, publish, broadcast, communicate and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Each entrant consents to any acts which might otherwise comprise an infringement of his/her moral rights under the Copyright Act 1968 (Cth) in relation to the Content, and warrants that he/she has the full authority to grant the rights purported to be granted under this clause.
The Winner selected under clause 5 who submits Content to the Promoter in connection with the Competition, including:
(iii) any material submitted by the Winner as part of his/her initial entry into the Competition; and
any other ancillary costs,
(iv) the design and constructed article which comprises the winning costume, (the “Winning Design”),
agrees to assign to the Promoter all intellectual property rights, including copyright in relation to the Winning Design absolutely. The Winner consents to any acts which might otherwise comprise an infringement of his/her moral rights under the Copyright Act 1968 (Cth) in relation to the Winning Design, and warrants that he/she has the full authority to assign the rights purported to be assigned under this clause.
Each entrant into the Competition warrants, undertakes and acknowledges that she/he:
is fully responsible for the Content she/he submits;
will not submit any Content that is unlawful, fraudulent, in breach of or which infringes the intellectual property, privacy, publicity or other rights of a third party, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under the age of fifteen (15), or otherwise unsuitable for publication;
will obtain the prior written consent from any person who appears in the Content submitted by the entrant for such appearance to be used in the manner contemplated by these Conditions;
owns all Content absolutely or will obtain the prior written consent from any person who has jointly created or has any rights in the Content, to the uses and terms contained in these Conditions;
will ensure that the Content submitted by that entrant does not contain viruses or cause injury or harm to any person, entity or technological device;
will only submit personal information and other Content which is complete, accurate, current, and not misleading or deceptive; and
will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
8.4 Use of entrant’s image
Each entrant consents to the Promoter and Seven Network (Operations) Limited using the entrant’s name, likeness, image and/or voice, including in the event that the entrant is a Finalist or the Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter or its affiliates.
8.5 Indemnification of Promoter
Each entrant hereby:
acknowledges and agrees that the Promoter may refuse to consider an entry, or may delete or remove any Content submitted by an entrant, without notice for any reason whatsoever;
releases the Promoter from and against all loss and/or damage suffered by the Promoter as a result of or in connection with:
a. the entrant’s entry into the Competition
b. the licence granted by the entrant under clause 8.1 being deemed invalid (in whole or in part); and/or
c. a breach by the entrant of these Conditions including one or more of the warranties contained in clause 8.2.
For the avoidance of doubt the Promoter may disqualify any entrant who breaches these Conditions at any time without liability.
9.1 Delivery of Prize
If any prize (or an element of any prize) is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize (or an element of the prize) for a prize of equal or greater value, subject to applicable law. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
The Finalists’ Prize and Major Prize (the “Competition Prizes”) are not redeemable for cash,
refundable or transferable.
In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power or technical failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to state government legislation.
The Promoter, Seven Network (Operations) Limited and their associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail.
The Promoter, Seven Network (Operations) Limited and their associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur in relation to the Competition, including but not limited to anything that occurs:
a. in the acceptance, participation or use of any element(s) of the prize;
b. as a consequence of late, lost, misdirected or unreceived mail or other communications;
c. due to the broadcast of any program relating to the Competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person;
d. in relation to failure of an entry to be received by the Promoter on account of technical problems or traffic congestion; or
e. arising from or related to any problem or technical malfunction of any telephone network or lines or mobile communications network related to or resulting from participation in this promotion;
f. as a result of incorrect, incomplete or non-current information provided by an entrant.
The Promoter, Seven Network (Operations) Limited and its affiliated companies and agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available, subject to state government legislation.
If for any reason the Competition is not capable of running as planned, due to causes including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to state government legislation.
The Entrant expressly releases the Promoter and Seven Network (Operations) Limited from any and all liability in connection with any of the events, occurrences or omissions set out above in this clause.
All of the Promoter’s decisions are in its absolute discretion, are final, and no correspondence will be entered into in this regard.
9.5 Use of Social Media
Each entrant into the Competition warrants, undertakes and acknowledges that she/he will not submit to any social media tools, or any other websites, publications of a telecommunications, print or other nature that is unlawful, fraudulent, in breach of the intellectual property, privacy, publicity or other rights of a third party, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under the age of fifteen (15), or otherwise unsuitable for publication.
At the Promoter’s absolute discretion, or in the event that the Competition suffers interference and/or is not capable of being conducted as reasonably anticipated by the Promoter due to any reason beyond the reasonable control of the Promoter (including but not limited to technical difficulties, unauthorised intervention, fraud or incident of force majeure), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
(i) to disqualify any entrant; or
(ii) to modify, suspend, terminate or cancel the Competition, subject to any written directions from a relevant regulatory authority (where applicable).
Nothing in these Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties or similar consumer protection laws in the State and Territories (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or in connection with the Competition.
Collection of personal information
Any personal information collected by the Promoter in regard to an entrant will be protected by the Promoter in accordance with the National Privacy Principles.
By entering the Competition, each entrant consents to the Promoter:
a. collecting personal information about that entrant in order to conduct the Competition;
b. disclosing, for the purpose of conducting the Competition, the entrant’s personal information to third parties, including but not limited to agents of the Promoter, contractors of the Promoter, service providers to the Promoter, and suppliers of the Major Prize, and including third parties based in foreign jurisdictions; and
c. using, for an indefinite period (unless otherwise advised), any personal information about an entrant collected by the Promoter in the course of carrying out the Competition for the Promoter’s promotional, marketing, publicity, research and profiling purposes, including for the purpose of sending electronic messages to or telephoning the entrant.
It is a condition of entry into this Competition that entrants provide the personal information requested on the entry form required under clause 2.1(iii), and failure by an entrant to provide such information will render the entrant’s entry invalid.
Failure by the Promoter to enforce any of its rights under these Conditions at any stage does not constitute a waiver of those rights.
9.10 Release of liability
Entrants acknowledge and accept that the promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and agree to completely release Facebook for any and all claims, costs or damages related to the Competition.
Entrants acknowledge and accept that the promotion is in no way sponsored, endorsed or administered by, Seven Network (Operations) Limited and agree to completely release Seven and its affiliated companies or agents for any and all claims, costs or damages related to the Competition.
Entrants acknowledge and accept that any disclosure provided in relation to the Competition is to Miss Universe, not to Facebook or to Seven.
Without limiting any Condition herein, each entrant agrees to indemnify and hold the Promoter, Facebook and Seven harmless from and against all loss or damage suffered by the entrant, the Promoter, the Tour Guide, or any Related Entity of one of those parties, as a result of or in connection with any breach by that entrant of the Conditions.
The Promoter is Cosmopolitan (VIC) Pty Ltd (ACN 088 379 828) of 537 Malvern Rd, Toorak 3142 Victoria Australia.