#StudyPerth User Generated Content Competition Terms and Conditions
By submitting an Entry (as defined in section 6 below), you signify your acceptance of these terms and conditions (the “Terms”).
How to enter
You can enter the Promotion by posting a photo or video you have captured enjoying an activity occurring in Western Australia using the hashtag #StudyPerth and tagging @StudyPerth on Facebook, Instagram, WeChat, Little Red Book and Weibo during the Promotional Period (an “Entry”).
1. The promoter is Perth Education City Inc. (ABN 76 842 611 690) (“StudyPerth”), Level 5/28 The Esplanade, Perth WA 6000. Telephone number: +61 6244 1640.
2. The Promotion will commence at 12.01pm WST on Thursday 18th March 2021 until 11.59pm WST on Wednesday 9th June 2021 (“Promotional Period”).
3. To be eligible for entry into the Promotion, you must satisfy the following Eligibility Criteria:
- Submit a valid Entry (see section 6 below);
- If you are under 18 years of age at the time of submitting your Entry, have the consent of your parent(s) or guardian(s) to enter the Promotion;
- Reside in Western Australia at all times during the Promotional Period;
- Be enrolled in a course of study at a CRICOS-registered institution located in Western Australia at all times during the Promotional Period; and
- Accept and comply with these Terms.
4. Employees and agents, and their immediate family, of StudyPerth and their associated agencies and entities are not eligible to enter the Promotion. StudyPerth’s current Student Ambassadors and Brand Ambassadors are not considered agents for the purpose of this Promotion and are eligible to enter the Promotion.
5. Multiple Entries are permitted. You are eligible to win multiple prizes up to a maximum of one major prize and one minor prize.
6. Valid Entries are those that satisfy the Eligibility Criteria and are submitted before 11.59pm WST Wednesday 9 June 2021. You warrant to StudyPerth that you own the Intellectual Property Rights to the photo or video submitted for Entry. If you knowingly or unknowingly submit an Entry which includes a photo or video to which you do not own all Intellectual Property Rights, the Entry will be disqualified. You acknowledge and agree that the decision by StudyPerth to accept, reject or disqualify an Entry is in StudyPerth’s sole discretion and no correspondence will be entered in to.
7. Any Entries that contain content that StudyPerth, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as a valid Entry into the Promotion. This includes, but is not limited to, any Entry which StudyPerth considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion. You acknowledge and agree that the decision by StudyPerth to accept or reject an Entry is in StudyPerth's sole discretion and no correspondence will be entered into.
8. This Promotion is a game of skill. Minor prizes will be awarded to Entries that are selected by the judging panel.
Three (3) finalists for each of the five (5) major prizes will be chosen by the judging panel. For each major prize, the StudyPerth social community will get 48 hours to vote for the winner.
The voting process will be to comment 'WINNER' and @mention the photo creator on the promotional social post which announces the finalists.
The five (5) major prize winners will be determined by the most amount of votes and will be announced within 24 hours after each voting period closes.
The judging panel will be consist of representatives from StudyPerth, Tourism WA and Perth is OK (“Panel”) and each Entry will be assessed on the photography, videography and creativity of the Entry submitted. The Winner will be selected by the Panel meeting at [midday] on the applicable draw dates as specified in section 9. Panel meetings will be held at StudyPerth, Level 5, 28 The Esplanade Perth WA 6000.
9. There are a total of 10 prizes to be won (5 major and 5 minor) and they will be drawn on a weekly basis (each a “Prize”). The total prize pool is AUD $26,000. Prizes include:
There are a total of 10 prizes to be won (5 major and 5 minor) and they will be drawn on a weekly basis (each a “Prize”). The total prize pool is AUD $26,000. Prizes include:
- 5 GoPros to the value of $250 (game of chance) – draw dates 8 April 2021, 15 April 2021, 22 April 2021, 29 April 2021, 6 May 2021.
- 1 x trip for two to Destination Perth region to the value of $5000 (game of skill) – drawn 13 May 2021
- 1 x trip for two to Australia's South West region to the value of $5000 (game of skill) – drawn 20 May 2021
- 1 x trip for two to Australia's Golden Outback region to the value of $5000 (game of skill) – drawn 27 May 2021
- 1 x trip for two to Australia's Coral Coast region to the value of $5000 (game of skill) – drawn 3 June 2021
- 1 x trip for two to Australia's North West region to the value of $5000 (game of skill) – drawn 10 June 2021
The major Prizes can include:
- Flights and/or car hire and/or coach travel
- Accommodation (bed and breakfast basis)
- Touring experiences
- Meals only where included as part of a touring experience.
- Winners will design their travel itinerary from a selection of touring experiences as offered by the WA Visitor Centre with some pre-determined inclusions .
- Bookings must be made through the WA Visitor Centre, only product listed with WA Visitors Centre.
All major Prize winners must undertake their travel between 14 May 2021 and 31 December 2021. Travel will be pending travel operator availability.
10. Winners will be notified by a comment on the Entry social media post or by social media direct message within two days of each Prize being drawn.
11. Winners must collect their Prize in a manner to be determined by StudyPerth. If a Winner is unable or unwilling to take the Prize as stated, or if the Prize remains unclaimed within 14 days of the draw date, the Winner will be deemed ineligible and will forfeit the prize. Where a Winner has been deemed ineligible a new Winner will be selected at the absolute discretion of StudyPerth, in the same manner and place as the original draw.
12. Winners must accept their Prize ‘as is’ and acknowledge that StudyPerth accepts no responsibility for any tax implications that may arise from the Prize. All Winners should seek independent professional advice before accepting the Prize.
13. A Prize cannot be transferred. The Prize is exclusive of costs incurred with accepting the Prizes unless otherwise stated.
14. StudyPerth will use its best endeavours to provide the Prizes listed. The Prizes are subject to change at the discretion of StudyPerth. If a Prize is unavailable or for whatever reason it is unable to be awarded precisely as described, StudyPerth reserves the right to substitute that Prize or item with a Prize or item of an equivalent value, subject to any written directions given under applicable trade promotion laws and regulations.
15. StudyPerth’s decision regarding the Winner is final and no correspondence will be entered into.
16. You agree that by submitting a photo or video and entering the Promotion, you grant to StudyPerth and its associated agencies, entities, agents and partners a non-exclusive, royalty free, irrevocable licence to use all assets including photographs, videos and text in any media (including StudyPerth’s social media accounts) in perpetuity. Ownership of the video or photo embodied in your Entry remains with you. StudyPerth will not be liable to you or any third party for any Loss or damage whatsoever (including but not limited to indirect or consequential loss) caused directly or indirectly by the use of the Entry (or any embodied video or photo) by StudyPerth, except for any liability which cannot be excluded by law.
17. StudyPerth reserves the right in its sole discretion to disqualify any individual who does not meet the Eligibility Criteria.
18. You, or if you are under the age of 18, your parent(s) or guardian(s), consent to StudyPerth using your name, likeness, image and/or voice (including photograph and/or film) in media for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome), StudyPerth and or products/services supplied by StudyPerth.
19. These Terms shall be governed by the laws of Western Australia and you agree to submit to the non-exclusive jurisdiction of Western Australia.
20. This promotion is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram, WeChat, Weibo, Little Red Book or any other social media platform.
21. To the extent permitted by law, StudyPerth and its related entities and their respective directors, officers, employees and agents, and Facebook, Instagram, WeChat or Weibo will not be liable for any personal injury, Loss (including, but not limited to, indirect or consequential, financial or other loss) or damage, whatsoever which is suffered or sustained to or by you or a Prize Recipient in connection with their participation in this Promotion or their use of a Prize.
23. StudyPerth reserves the right, at any time, in its sole discretion, to verify the validity of Entries and your eligibility (including your identity, age, place of residence, student visa status, institution enrolment) and StudyPerth reserves the right, in its sole discretion, to disqualify you if StudyPerth has reason to believe you have breached any of these Terms, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. StudyPerth's legal rights to recover damages or other compensation from such an offender are reserved.
24. If for any reason this Promotion is not capable of running as planned (including, but not limited to COVID-19 restrictions to participating in activities, or infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of StudyPerth which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), StudyPerth may, subject to the approval of all relevant regulatory authorities, take any action that may be available including cancelling, terminating, modifying or suspending the Promotion.
25. Failure by StudyPerth to enforce any of its rights at any stage does not constitute a waiver of those rights.
26. Nothing in these terms 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 under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the states and territories of Australia (collectively, the “Non-Excludable Guarantees”).
27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, StudyPerth and its related entities (including its respective directors, officers, employees and agents) are not responsible for and exclude 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:
- any technical difficulties or equipment malfunction (whether or not under StudyPerth’s control);
- any theft, unauthorised access or third party interference;
- any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by StudyPerth) due to any reason beyond the reasonable control of StudyPerth;
- any variation in Prize value to that stated in these Terms;
- any tax liability incurred by a beneficiary of a Prize (including you and any other Prize Recipient);
- use/taking of the Prize; or
- the Promotion.
28. StudyPerth accepts no responsibility for loss or damage to Prizes in transit.
29. In these Terms:
“Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
“Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia.
“Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.
“Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
“Prize Recipient” means, for a major Prize, you or the other individual whom you invite to join with you in enjoying the benefit of the major Prize.
30. To the extent permitted by law, you indemnify, and must defend and hold harmless, StudyPerth and its employees, servants, agents and contractors, from and against all Losses arising from:
- a breach by you or other Prize Recipient of these Terms;
- any third party claim arising directly or indirectly from a breach by you or other Prize Recipient of these Terms;
- a negligent, wilful or otherwise wrongful act or omission by you or other Prize Recipient;
- fraudulent or dishonest acts or omissions by you or other Prize Recipient;
- any breach of any applicable Laws by you or other Prize Recipient;
- any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly from your Entry or participation in the Promotion or enjoyment of a Prize;
- the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission by you or other Prize Recipient; and
- any claim or allegation that the Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another person's trade secret or confidential information.
Condition 16 for trade promotion lotteries requires that: “If practicable, members of the public must be given the opportunity to witness the prize draw. If that is not practicable, audit records confirming the prize draw must be made available to an authorised officer or member of the Police Force on request.”
Accordingly, unless it is impracticable (such as due to COVID-19 restrictions etc.) to do so, the Panel judging meetings must be open to attendance by members of the general public.