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Terms and Conditions - Game of skill

  1. Information on how to enter and prizes form part of these Terms and Conditions. Entry/Registration for and/or participation in this competition is deemed acceptance of these Terms and Conditions. Acceptance of these Terms and Conditions is a condition of entry to this competition.
  2. Entry to this competition commences at 12.01am AEST on Thursday 16/04/2015 AEST and closes at 11.59pm AEST on Friday 15/05/2015 (Entry Period).
  3. Entry is only open to Australian residents who are homeowners aged 18 years, or older, who have purchased a genuine COLORBOND® steel product for a residential property they own (including farms & investment properties) and have used the product for their renovation project, as referred to in clause 4 below. Employees of the Promoter, businesses owned by the Promoter and agencies or organisations associated with this competition (and those employees' immediate families) are ineligible. 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.
  4. To enter the competition, eligible individuals must visit the COLORBOND® steel website http://mybuild.colorbond.com (Competition Website), input the requested personal details, upload one photograph of a renovation project they have undertaken using COLORBOND® steel recently, provide an answer to the following question: "Thinking about your recent building project, tell us in 25 words or less, what tips you'd give someone about to undertake a similar project?", and submit the fully completed entry form. Photographs submitted must be in JPEG format and must not exceed 2MB file size. For the sake of clarity, the answer to the promotional question must be in 25 words or less to be eligible.
  5. The competition is a game of skill. Chance plays no part in determining the winner. All entries will be judged individually on their merits based on how well the photograph and answer to the promotional question portray the entrant's COLORBOND® steel story. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The best valid entry received during the Entry Period, as determined by the judges, will receive a prize of $1,000 cash (Prize). The Prize will be awarded in the the form of a cheque made payable in the winner's name. Judging will take place at 11.00am Tuesday 19/05/2015 (Judging Date) at the Sydney Office of BlueScope Steel Limited, Building 6, 41-43 Bourke Road, Alexandria, NSW 2015. The Promoter's and judges' decision is final and binding, and no correspondence will be entered into.
  6. Incomplete or indecipherable entries will be deemed invalid.
  7. Limit of one entry permitted per person. Entries must be received by the Promoter during the Entry Period. Entries received after 15 May 2015 will not be accepted.
  8. Entrants must retain their original purchase receipt for their entry as proof of purchase. Failure to produce the proof of purchase for their entry when requested may, in the absolute discretion of the Promoter, result in invalidation of the entrant's entry and forfeiture of any right to a Prize. Purchase receipt must clearly specify the store of purchase and that the purchase was made prior to entry.
  9. 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.
  10. By entering this competition, each entrant warrants and agrees that: (a) they are fully responsible for any materials they submit via the competition including but not limited to photographs, their answer to the promotional question, comments, recordings and images (Content); (b) the Content may be made available for public viewing on the Competition Website through which the entry was submitted; (c) any persons depicted in the photograph uploaded must be decently dressed and presented and the Content, must not be 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; (d) all photographs are subject to the approval of the Promoter. The Promoter reserves the right to vet all entries at any time in its absolute discretion. The Promoter may remove or decline to publish any Content or without notice for any reason whatsoever. However, the Promoter is not responsible for any Content uploaded to the Competition Website and visitors to the site view it at their own risk and the Promoter is not responsible for such Content to the full extent permitted by law; (e) entrants must own the copyright in the photograph uploaded or be entitled and have permission to use the photograph in the manner contemplated by these Terms and Conditions, including use of the photograph for promotional purposes in accordance with these Terms and Conditions; (f) the entrant has the permission of every person featured in the photograph, or, if any person is under the age of 18, the permission of their parent or legal guardian, to enter the photograph in accordance with these Terms and Conditions, including consent to each condition in this clause; (g) the entrant has notified each person featured in the photograph, or, if any person is under the age of 18, that person's parent or legal guardian, of the Promoter's privacy policy (available at http://mybuild.colorbond.com/Content/docs/PrivacyPolicy.pdf) and each person or parent or legal guardian (as the case may be) has agreed to that privacy policy; (h) their Content shall not contain viruses or cause injury or harm to any person or entity; (i) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (j) 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 (k) 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.
  11. The Prize is $1,000 cash (bank cheque). All taxes (including GST) which may be payable as a consequence of receiving the Prize is the sole responsibility of the winner. The Prize is not transferable.
  12. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the competition.
  13. If this competition 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) to modify, suspend, terminate or cancel the competition, as appropriate.
  14. The winner will be notified by email and phone and should allow up to 14 working days for the Promoter to arrange the delivery of the Prize. If the Promoter is unable to contact the winner within one week of the Judging Date, that winner will forfeit the Prize and the Prize shall be awarded to the next best entry (as determined by the judges). The Promoter will not be liable for a winner who does not respond to the Promoter's direct private email message or phone call.
  15. If for any reason the winner does not take/bank/claim the Prize at or by the time stipulated by the Promoter, then the Prize will be forfeited.
  16. 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 competition. 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.
  17. The Promoter reserves the right to request verification of age, identity, contact details and use of genuine COLORBOND® steel products and any other information from entrants relevant to entry into or participation in this competition, including proof that the entrant is featured in the photograph. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this competition.
  18. Entrants consent to the Promoter using their name, likeness, image, photograph and/or voice in any media for an unlimited period of time without remuneration for the purpose of promoting this competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter. For the sake of clarity, the Promoter will follow up with a selected number of entrants to engage in a follow up photo/video shoot regarding their their COLORBOND® steel story in accordance with their rights under this clause, including photographing/filming an interview with an entrant regarding their renovations, photographing/filming the house/section of the house that was renovated, etc.
  19. Entrants confirm and promise that their entry is original and does not infringe the intellectual property rights of any third party. Further, each entrant licences and grants the Promoter, its affiliates and sub-licensees a non-exclusive, transferable, 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 for the purposes of the Promoter's business, for future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. If requested by the Promoter, the entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry.
  20. All entry forms become the property of the Promoter. The Promoter is committed to ensuring that personal information it receives is treated in accordance with applicable privacy laws and the Promoter's Privacy Policy available at http://colorbond.com/privacy. The information collected about entrants in the course of this competition has been requested to enable the Promoter to conduct the competition, to ask entrants questions, to contact entrants about any matter in connection with COLORBOND® steel, to contact entrants if they are winners, to conduct marketing activities, and to conduct market research and other forms of analysis in accordance with the terms and conditions (including publicity), and for promotional purposes. This information may be used by the Promoter or disclosed to selected organisations for promotional purposes or to provide entrants with information about other offerings, and may be stored on servers located overseas. If an entrant would prefer not to receive further information about the Promoter's products, services, and other offerings, please advise the Promoter by email at steeldirect@bluescopesteel.com or by phone on 1800 738 576. The Promoter's Privacy Policy contains information about how entrants can access their personal information held by the Promoter, seek a correction or make a complaint. Entrants can also do any of these things by calling the Promoter directly by email at steeldirect@bluescopesteel.com or by phone on 1800 738 576. The Promoter will not disclose entrant's personal information to any entity outside of Australia.
  21. 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.
  22. 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 tax liability incurred by a winner or entrant; or (e) use of/taking of the Prize.
  23. As a condition of accepting the Prize, the winner may be required to 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.
  24. The Promoter is BlueScope Steel Limited (ABN 16 000 011 058). Address: Level 11, 120 Collins Street, Melbourne, VIC 3000.
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