my victoria

my victoria competition terms and conditions

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. The Promoter is RACV Sales & Marketing Pty Ltd ABN 11 005 258 702 of 550 Princes Highway, Noble Park North, Victoria, Australia 3174.

Eligibility

General Public Video Entrants

3. Any resident of the State of Victoria, Australia may submit a video entry (General Public Video Entrants) in the General Public category.
4. General Public Video Entrants between the ages of 13 and 18, inclusive (Minor Video Entrant) must have parental/guardian approval to submit a video entry and parents/guardians of a Minor Video 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 Video Entrant entering in this competition.
5. Employees (and their immediate families) of the Promoter are ineligible to enter the General Public category. 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.

Schools Video Entrants

6. Any student (or group of students) aged 13 and over and enrolled in a School in the State of Victoria, Australia may submit a video entry (Schools Video Entrants).
7. Schools Video Entrants who submit an entry as a group must:
   1. select a name for the group, by which the entry will be identified; and
   2. nominate a contact person for the group. 
8. Parents/guardians of a Schools Video 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 Schools Video Entrant entering in this competition.

RACV Staff Video Entrants

9. RACV Employees and the immediate families of RACV Employees that are aged 13 and over are eligible to submit a video entry (RACV Staff Video Entrants). 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.
10. RACV Staff Video Entrants between the ages of 13 and 18, inclusive (Minor Staff Video Entrant) must have parental/guardian approval to submit a video entry and parents/guardians of a Minor Staff Video 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 Video Entrant entering in this competition.

Voting Entrants

11. Voting is open to anyone who wishes to vote. However, only residents of the State of Victoria, Australia will be eligible to win a Prize (Voting Entrants).

Prize Eligibility

12. Only General Public Video Entrants (including Minor Video Entrants in the General Public Category), Schools Video Entrants, RACV Staff Video Entrants (including Minor Staff Video Entrants in the RACV Staff Category) (all categories together referred to as Video Entrants) and Voting Entrants will be eligible to win a Prize from the Prize Pool (as defined in clause 30).

How to Enter/Vote

Video Entrants

13. Video Entrants may submit a video entry between 12.01am AESDT on 01/02/2012 and at 11:59pm AEST on 30/04/2012 (the “Video Entry Period"). All times throughout these Terms and Conditions will be based on Australian Eastern Standard Time ("AEST") or Australian Eastern Daylight Savings Time ("AEDST") depending upon the date.
14. Video Entrants must, during the Video Entry Period:
    1. go to www.facebook.com/racv (the “RACV Facebook Fan Page") and ‘LIKE’ the page in order to gain access to the entry form;
    2. follow the prompts on the RACV Facebook Page to access the entry form and then go to the My Victoria Competition Application.
    3. complete all mandatory information on the entry form. Mandatory information will be indicated by the use of an asterisk (*) as indicated.
    4. Videos can then be uploaded via the My Victoria Competition Application.
15. The Video Entrant's video must:
    1. feature and describe the Video Entrant’s favourite destination or experience in Victoria, Australia.
    2. be between 1 and 3 minutes long and in the format and size file specified by the Promoter in clause 16;
    3. be an original creation created for this competition.
16. Videos must be in one of the following formats:
    1. Windows Media Video(.AVI)
    2. .3GP (mobile phones)
    3. .WMV (windows)
    4. .MOV (mac)
    5. .MP4 (iPod/PSP)
    6. 3G2
    7. .FLV
    8. .MPEG

Each Video submission must be no more than 100 Mb in size. Flash files will not be accepted.

17. Video Entrants acknowledge that the Promoter may choose whether or not to publish a Video Entrant's video on the RACV Facebook Page at its sole discretion. The publication of an entry to the Website is for the purposes of public viewing and reference only and does not constitute acceptance of that entry as a winner, unless otherwise stipulated by the Promoter.
18. In order to be eligible to receive a Prize, a winning Video Entrant must (within 5 days of the release and indemnity form being sent by the Promoter), sign and return (or if under 18 have their parent or guardian sign and return on their behalf) a legal release and indemnity, permitting the Promoter to use their video for future promotional marketing purposes in perpetuity for no further compensation.
19. Video Entrants acknowledge and agree that they are responsible for obtaining all necessary rights for the public performance and communication of music arising from any use by either the Video Entrant or the Promoter of the video entry.
20. Video Entrants acknowledge and agree that they are responsible for obtaining all necessary model and property releases for the use of any images, names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in video entry.
21. Video Entrants agree that:
    1. with respect to all video entries (and any other surrounding or supporting materials) submitted (“Content”) and unless the Promoter advises otherwise, the Video Entrants grant to the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable license to use, reproduce, modify, adapt, publish and display the Content for any purpose whatsoever and in any media, without compensation, restriction on use, attribution or liability, including in advertising and marketing campaigns. Video Entrants agree not to assert any moral rights in relation to such use. They warrant that they have the full authority to grant these rights.
    2. they are fully responsible for the Content they submit. Video Entrants acknowledge and agree that the Promoter, in its absolute discretion, may remove any Content from display at any time for any reason whatsoever, including but not limited to, where the Promoter reasonably suspects the Content does not comply with these Terms and Conditions. Notwithstanding the Promoter's right to remove any Content at any stage, the terms and warranties as set out in these Terms and Conditions will still apply to Content that is removed.
    3. the video entry is made specifically for the competition and is not part of any other filmmaking competition and has not been publicly shown previously in any medium.
22. Video Entrants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that is 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;
    2. they will only submit original Content that has been personally created by the Video Entrant;
    3. their Content does not contain viruses or cause injury or harm to any person or entity;
    4. if their Content depicts any person other than themselves, they have obtained their consent to submit the Content for the purposes of the competition; and
    5. 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' computers or communication systems.
23. The Promoter disclaims and excludes to the maximum extent permitted by law, any liability with respect to the Content.
24. Without limiting any other terms herein, each Video Entrant indemnifies the Promoter against any and all claims that arise as a result of any breach of any of these terms and conditions (including the warranties contained in the above Clause 22).

Voting Entrants

25. Voting commences at 12.01am AEDST on 01/02/2012 and closes at 12:00am AEST on 14/05/2012 (the “Voting Entry Period"). All times throughout these Terms and Conditions will be based on Australian Eastern Standard Time ("AEST") or Australian Eastern Daylight Savings Time ("AEDST") depending upon the date.
26. Voting Entrants must register to vote by:
    1. going to www.facebook.com/racv the (“RACV Facebook Fan Page") and ‘LIKE’ the page in order to gain access to the entry form.
27. Voting Entrants can then vote for their favourite Video Entrant(s) by viewing and clicking the ‘Love It’ section of the entry. Voting Entrants will need to complete all mandatory information on the entry form. Mandatory information will be indicated by the use of an asterisk ( * ) as indicated.
28. A voting entry will not be complete (and an individual will not be eligible to win a prize) unless the Voting Entrant completes the steps in clause 26 and 27.
29. A Voting Entrant may only ‘‘Vote’ for each Video Entrant once. However, a Voting Entrant may ‘Vote for as many different Video Entrants, in as many categories as they wish. Each ‘Vote will be considered a separate entry if the Voting Entrant completes another entry form (that is, the more times you vote, the more entries you receive as a Voting Entrant in the competition).

Prizes

30. The total prize pool is valued at $14,000 and consists of one (1) $5,000 cash prize for the winning School Video Entrant; one (1) $5,000 RACV Cruises and Tours Travel voucher for the winning General Public Video Entry; one (1) $1,000 cash prize for the winning RACV Staff Video Entrant plus three (3) monthly prizes of a $1,000 RACV Cruises and Tours Travel voucher to randomly selected Voting Entrants (each a ‘Prize’, together the ‘Prize Pool’).
31. Prizes will be by payable by cheque to the School Video Entrant and the RACV Staff Video Entrant.
32. Each RACV Cruises and Tours Travel voucher can be redeemed at RACV Cruises and Tours, Telephone 1300 850 884. Each voucher is valid for one (1) year from the date/s drawn. The travel vouchers are non-transferrable and cannot be exchanged or taken as cash. In the event a winner does not take the travel voucher by the time stipulated, then the prize will be forfeited and cash will not be awarded in lieu of the travel voucher. Travel voucher Prize does not include travel insurance, passports, visas, items of a personal nature, meals, government taxes or levies, transfers to and from departure point, additional nights of accommodation or room upgrades. Travel voucher Prizes are subject to booking availability. Frequent flyer points will not form part of the travel voucher Prize. Winner may be required to present credit card for accommodation check-in.
33. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

Prize Draws

34. The winning General Public Video Entrant, Schools Video Entrant and RACV Staff Video Entrant will be determined by the total number of Votes received by each video entry in each of the three categories. The winner of each category of Video Entrant will be announced at the Promoter’s premises being RACV, 550 Princes Highway, Noble Park North Victoria, Australia 3174 on the following dates and times:-
    1. Winning School Video Entrant Announcement - 14 May 2012 at 11 am AEST
    2. Winning General Public Video Entrant Announcement - 14 May 2012 at 11 am AEST
    3. Winning RACV Staff Video Entrant Announcement – 14 May 2012 at 11 am AEST
35. The random prize draws for Voting Entrants will take place at the Promoter’s premises being RACV, 550 Princes Highway, Noble Park North Victoria, Australia 3174 on the following dates and times:-
    1. February Random Voting Entrant Draw - 14 March 2012 at 11 am AEST
    2. March Random Voting Entrant Draw - 11 April 2012 at 11 am AEST
    3. April Random Voting Entrant Draw - 14 May 2012 at 11 am AEST
36. The winners will be notified by telephone and email, and published in the Public Notices section of the Herald Sun newspaper on 13 June 2012. (The winners will also be published on racv.com.au/travel and in the next edition of RoyalAuto Magazine following each of the completed draws).
37. If necessary, a second chance draw will be held to distribute any unclaimed Video Entrant prize and/or Voting Entrant prize on 31 May 2012 at the same time and place as the initial draw. The winners of any second chance draws will be notified by telephone and email and published in the Public Notices sections of the Herald Sun within two weeks of the date of the relevant second chance draw.
38. If a Prize (or part of a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification, subject to any written directions from any a regulatory authority.

General Terms and Conditions

39. The Promoter reserves the right, at any time, to verify the validity of Video and Voting Entrants (including 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 Terms and Conditions or who tampers with the entry process, including where the Promoter reasonably suspects that an entry has been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts. Incomplete, indecipherable or illegible entries may be deemed invalid and errors and omissions will 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.
40. The Promoter's decision is final and binding, and no correspondence will be entered into.
41. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a 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 manufactured, distributed and/or supplied by the Promoter.
42. 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 as a result of mechanical tampering or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant, including any entries submitted by them; or (b) to modify, suspend, terminate or cancel the competition, as appropriate.
43. Any cost associated with accessing the promotional website is the entrant's or voter's responsibility and is dependant on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly, is prohibited and may render all entries submitted by that entrant invalid.
44. 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 State 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 competition.
45. 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) use of the prize.
46. The Promoter collects personal information in order to conduct the competition and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter by calling 13 RACV (13 7228). All entries and votes become the property of the Promoter.

VIC Permit No. 11/2594