HTC – Brilliant U 2017 – Win $10,000 towards BrilliantU experience; HTC Vive; or HTC U Ultra Smartphones

“HTC BRILLIANT U 2017” PROMOTION
TERMS AND CONDITIONS

Who Can Enter

Entry is only open to Australian residents aged 13 years or over.

Entrants between the ages of 13 and up to but not including 18 must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

Promotional Period

Promotion commences on 15/03/2017 and final entries close at 11:59pm AEDST on 13/06/2017 (“Promotional Period”).

There will be three (3) components to this promotion: (a) Weekly Draw Component (game of chance); (b) Game of Skill Component (game of skill); and Voting Component (a game of chance and a game of skill).

How to Enter

To enter, individuals must complete one of the following entry mechanics during the Promotional Period:

Opt-In to Receive Communications from the Promoter: follow directions given by the Promoter to opt-in to receive future general, promotional and marketing materials from the Promoter (“Opt In”).

Entrants will receive one (1) entry into the Weekly Draw (defined below) corresponding to the week their Opt In was submitted. Entries submitted after 11:59pm on 17/05/2017 will not be eligible for the game of chance element that forms part of the Voting Component.

AND/OR

Complete a Registration:

visit www.htcbrilliantu.com (“Website”) and follow the prompts to the promotional registration form. Individuals will also be able to access the promotional registration form by logging into their Facebook account, locating the promotional ‘HTC Brilliant U’ ad on Facebook, and clicking on the ad. The promotional registration form will then pop-up on screen;

input the requested details (including but not limited to their full name, telephone number, and a valid email address); and

submit the fully completed registration form (“Registration”).

Entrants will receive one (1) entry into the Weekly Draw corresponding to the week their Registration was submitted.

Once entrants have completed a Registration, they will be eligible to receive additional Weekly Draw entries by visiting the Website, logging in as prompted, and completing any one (1) or more of the following mechanics:

Upload a BrilliantU: individuals can upload a proposed ‘BrilliantU” experience by inputting all of the requested details (including but not limited to a BrilliantU title (in 40 characters or less) and a description of their proposed BrilliantU experience (in 250 characters or less), selecting their BrilliantU experience type/category from the drop-down menu, optionally uploading an image related to their BrilliantU, optionally submitting a video related to their BrilliantU via a YouTube video link, and submitting the fully completed form (“BrilliantU”). For clarity, BrilliantU experience propositions could be anything that makes an individual feel ‘brilliant’. For example, partying with friends, holidaying with a lover, spending time with your child, fulfilling a once in a life time act etc. Each entrant warrants to the Promoter that the BrilliantU submitted (including the image and video (if submitted)) is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 44. Images must be submitted in JPEG format and must not exceed 2MB file size. Videos must be submitted as a YouTube video link.

Entrants will receive five (5) entries for uploading a BrilliantU. Entries will be awarded into the Weekly Draw corresponding to when each BrilliantU was submitted. Entrants can upload an unlimited number of BrilliantU’s during the Promotional Period, subject to the limit of fifty (50) Weekly Draw entries in total per person.

Once entrants have submitted a BrilliantU, they may have their BrilliantU uploaded onto the Website for public viewing. All BrilliantU’s will be reviewed by the Promoter for compliance with these Terms and Conditions prior to being uploaded. BrilliantU/s that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, may, at the discretion of the Promoter, not be published or removed from the Website at any time. In addition, any entrant that submits such content will not be eligible to win.

Add Additional Images/Videos to BrilliantU’/s: once a BrilliantU has been submitted, entrants can add additional images and/or videos to that BrilliantU. Each entrant warrants to the Promoter that each image/video submitted is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 43. Images must be submitted in JPEG format and must not exceed 2MB file size. Videos must be submitted as a YouTube video link.

Entrants will receive five (5) entries for uploading additional images/videos to an existing BrilliantU (regardless of the number of additional images/videos added to that BrilliantU), and can do so for a maximum of five (5) BrilliantU that they have uploaded for a maximum of twenty five (25) Weekly Draw entries, but subject at all times to the limit of fifty (50) Weekly Draw entries in total per person. Entries will be awarded into the Weekly Draw corresponding to when the additional images/videos were added to each BrilliantU.

Incomplete or indecipherable entries will be deemed invalid.

Multiple entries permitted, subject to the following: (a) only one (1) Registration permitted per person; (b) a maximum of one (1) Opt In entry permitted per person; (c) a maximum of fifty (50) Weekly Draw entries permitted in total per person; (d) only one (1) entry into Component 2 and the Voting Component per BrilliantU submitted; and (e) each entry must be submitted or obtained in accordance with entry requirements.

Weekly Draw Component 1 (Game of Chance)

This component of the promotion is a game of chance and skill plays no part in determining the Weekly Draw winners.

There will be one (1) draw conducted for each week (i.e. Wednesday – Tuesday) of the Promotional Period, for a total of 13 draws (“Weekly Draw”). Entries open each Wednesday at 12:00am and close the following Tuesday at 11:59pm between 15/03/2017 and 13/06/2017. Each Weekday Draw will take place at Accelerate Creative Strategies, Level 40, 100 Miller Street, North Sydney NSW 2060 at 3:00pm on the following Thursday after entries close for each Weekly Draw, with the first Weekly Draw taking place on 23/03/2017 and the last Weekly Draw taking place on 15/06/2017. Non-winning entries in each Weekly Draw will be entered into any subsequent Weekly Draw(s). The Promoter may draw additional reserve entries in each Weekly Draw and record them in order in case an invalid entry or ineligible entrant is drawn. All times indicated are in AEST/AEDST, as applicable in NSW.

Winners will be notified by telephone and email within two (2) business days of the relevant Weekly Draw and their names will be published on the Website within twenty one (21) days of each draw from 13/04/2017 to 06/07/2017.

If any prize remains unclaimed by 2:00pm AEST on 18/09/2017, a re-draw will take place at 3:00pm AEST on 18/09/2017 at the same place as the original Weekly Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the re-draw and their names will be published on the Website from 25/09/2017.

The first valid entry drawn in each Weekly Draw will each win a HTC U Play smartphone valued at $799.

HTC U Play smartphone handset prize includes the handset only. Winners will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.

Game of Skill Component (Game of Skill)

This component of the promotion is a game of skill and chance plays no part in determining the Game of Skill Component winner.

All BrilliantU’s received during the Promotional Period will be individually judged against each other by the Promoter based on the originality and creative merit of the BrilliantU submitted. The judging will take place at the Promoter’s office from 06/07/2017. The judges may select additional reserve BrilliantU entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.

The winner will be notified by telephone and email and their name will be published on the Website from 13/07/2017.

The best valid entry, as determined by the Promoter, will win $10,000 towards their proposed ‘BrilliantU’ experience (“Major Prize”). The Promoter will endeavour to organise the winner’s nominated experience within the allocated budget (i.e. $10,000). The winner may provide further details and request for the Promoter to organise the winner’s experience. For example: if the winner’s proposed BrilliantU experience is to travel overseas with a loved one, the Promoter will endeavour to organise flights, accommodation and activities for the winner and their nominated companion (to the extent of the allocated budget); if the winner’s proposed BrilliantU experience is to make a donation to a charity, the Promoter will endeavour to make a donation to the winner’s chosen charity in their name (to the extent of the allocated budget), etc. In the event the winner’s proposed BrilliantU experience is more than $10,000, the Promoter, at its discretion, may offer the winner with a $10,000 cheque (made payable in the winner’s name) or will organise the winner’s experience but the winner will be responsible for paying the difference. In the event the winner’s proposed BrilliantU experience is less than $10,000, any remaining value will be awarded in the form of a cheque made payable in the winner’s name.

The winner agrees and acknowledges that organising the winner’s experience does not form part of the Major Prize and the Promoter is not obliged to fulfil the winner’s BrilliantU experience in the event it cannot do so. In the event that the Promoter and the winner cannot come into an agreement in relation to organising the winner’s BrillliantU experience by 05/11/2017, the Promoter reserves the right, in its sole discretion, to award the winner with a $10,000 cheque made payable in the winner’s name as the Major Prize.

As a condition of accepting the Major Prize, the Major Prize winner agrees to participate in any interviews, photo shoots, or other media events as required by the Promoter.

If for any reason the Major Prize winner does not take/redeem the Major Prize within two (2) months of winner notification and publication, then the Major Prize will be forfeited and the Promoter reserves the right to distribute the Major Prize to the next best ranking entry, as determined by the Promoter in its sole discretion. That entrant will be notified in writing.

Voting Component (game of chance and game of skill)

Skill Component

There are three (3) entry periods for the purposes of the game of skill element of the Voting Component (each an “Entry Period”). Entries open and close for each Entry Period on the dates/times specified in the table below. The Promoter will individually judge all BrilliantU entries received during each Entry Period against each other, based on the originality and creative merit. The judging will take place at the Promoter’s office commencing on the date specified in the table below. The best ten (10) BrilliantU entries as determined by the judges will each be deemed a Finalist for that Entry Period. There will be ten (10) Finalists determined for each Entry Period. Once determined, each Finalist’s BrilliantU entry (for each Entry Period) will be posted to the Website and made subject to a public vote during the voting period for that Entry Period. The voting period (“Voting Period”) for each Entry Period is outlined in the table below:

Entry Period

Entries Open

Entries Close

Judging Commences

Voting Period

1

12:00am on 15/03/17

11:59pm on 05/04/17

06/04/17

12:00am on 10/05/17 until 11:59pm on 16/05/17

2

12:00am on 06/04/17

11:59pm on 26/04/17

27/04/17

12:00am on 24/05/17 until 11:59pm on 30/05/17

3

12:00am on 27/04/17

11:59pm on 17/05/17

18/05/17

12:00am on 07/06/17 until 11:59pm on 13/06/17

The Finalist in each Entry Period whose BrilliantU entry receives the highest number of votes will each win the prize of a HTC Vive valued at $1,399.

In the event of a tie between two (2) or more Finalists for a particular Entry Period with the same highest number of votes, the Promoter will re-judge the tied Finalists BrilliantU entries (in accordance with the judging criteria outlined in Clause 23 above) and determine, in its absolute discretion, the prize winner.

Chance Component

Voting will be open to Australian residents aged 13 years or over. To vote, and receive an entry into the relevant Draw, individuals must during the relevant Voting Period visit the Website, follow the prompts to access the BrilliantU gallery, follow the instructions to vote for their favourite BrilliantU entry, provide all of the requested information and submit their vote. Only one (1) vote is permitted per person per Voting Period.

The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.

There are three (3) draws conducted for the game of chance element of the Voting Component (each a “Draw”). Entries open and close for each Draw on the dates/times outlined in the table below. Each Draw will take place at Accelerate Creative Strategies, Level 40, 100 Miller Street, North Sydney NSW 2060 at 3:00pm on the dates outlined in the table below. Non-winning entries in each Draw will be entered into any subsequent Weekly Draw(s). The Promoter may draw additional reserve entries in each Draw and record them in order in case an invalid entry or ineligible entrant is drawn. All times indicated are in AEST/AEDST, as applicable in NSW. Winners will be notified by telephone and email within two (2) business days of the relevant Draw and their names will be published on the Website from 19/06/2017.

Draw

Entries Open

Entries Close

Draw Date

1

12:00am on 10/05/17

11:59pm on 16/05/17

18/05/2017

2

12:00am on 24/05/17

11:59pm on 30/05/17

01/06/2017

3

12:00am on 07/06/17

11:59pm on 13/06/17

15/06/2017

The first three (3) valid entries drawn, from all valid entries received in each Draw, will each win a HTC U Ultra Smartphone valued at $1,199.

HTC U Ultra Smartphone handset prize includes the handset only. Winners will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.

If any Draw prize remains unclaimed by 2:00pm AEST on 25/09/2017, a re-draw will take place at 3:00pm AEST on 25/09/2017 at the same place as the original Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the re-draw and their names will be published on the Website from 09/10/2017.

General

Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

The Promoter’s decision is final and no correspondence will be entered into.

The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

Total prize pool value for the Weekly Draw Component (game of chance) is $10,387.

Total prize pool value of the Game of Skill Component (game of skill) is $10,000.

Total prize pool for the game of chance element of the Voting Component is $10,791.00.

Total prize pool for the game of skill element of the Voting Component is $4,197.00.

Prizes are not transferable, assignable or exchangeable and cannot be taken as cash, unless otherwise specified.

Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to BrilliantU descriptions, images and videos (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, 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 15, or otherwise unsuitable for publication;

their Content shall not contain viruses or cause injury or harm to any person or entity;

they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

the Content is the original work of the entrant that does not infringe the rights of any third party;

they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

they 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.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

As a condition of entering this promotion, each entrant licenses and grants 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 and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including image, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that entrant invalid.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“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; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’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 Promoter) due to any reason beyond the reasonable control of the Promoter; (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) taking/use of and/or participation in a prize.

As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid.

The Promoter collects certain personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.htc.com/au/terms/privacy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may (except where an entrant opts out by contacting the Promoter at oneday@htcmdm.com) use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or, with the entrant’s express consent, telephoning the entrant. The Privacy Policy also contains information about how entrants may access, update or correct their PI, how entrants may request their PI be deleted, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (see the Promoter’s Privacy Policy for details).

Entry via Facebook and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

The promoter is HTC (Australia and New Zealand) Pty Ltd (ABN 26 127 273 125) of Suite 1104, Level 11, 100 Miller Street, North Sydney, NSW 2060, telephone (02) 9929 9887 (“Promoter”).

NSW Permit No. LTPS/17/12289. ACT Permit No. TP17/00439. SA Permit No. T17/424