1 Promoter
(a) Information regarding prizes and how to enter forms part of these terms and conditions. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
(b) The Promoter is NBN Co Limited (ABN 86 136 533 741) of Level 11, 100 Arthur Street, North Sydney NSW 2060.
2 Eligibility
(a) The promotion begins at 9am EST on 9 February 2015 and closes at 5pm EST on 15 March 2015 (Promotion Period).
(b) Entry is open to Australian residents aged 5 – 12 years old (Entrants) excluding immediate family members of employees of the Promoter or its associated companies and agencies.
(c) Entrants’ parent or legal guardian must submit the entry on their behalf. By submitting an entry the parent or guardian agrees to these conditions and to ensure that the Entrant complies with these conditions. The Promoter may do what it deems necessary to satisfy itself a parent or guardian has submitted the entry on an Entrant’s behalf (and if the Entrant is awarded a prize and the Promoter decides, in its sole discretion, that this has not occurred, Promoter reserves the right to withdraw the prize).
(d) Entries must be received by the Promoter during the Promotion Period and each Entrant may only enter the Promotion once.
(e) Each Entrant must create their own original drawing or painting which does not infringe any third party’s rights, including IP, privacy and publicity rights and does not contain material which is otherwise inappropriate. The entry must not have been previously published in any other medium or forum and the Entrant must not have granted rights to any other person which are inconsistent with the rights granted to the Promoter here. Entries that are found to have been derived from, or infringe third party IP will be considered invalid and, if awarded a prize, the Promoter reserves the right to withdraw the prize.
(f) All entries become the property of the Promoter and will not be returned. Each Entrant is responsible for the entry they submit and responsible for paying for the costs associated with entering the promotion.
(g) The Promoter reserves the right in its sole discretion to:
(i) not consider any entry which is not made in accordance with these conditions; and
(ii) disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter reserves its legal rights;
(iii) verify the validity of entries and disqualify entries from, and prohibit further participation in this promotion by, any person who manipulates or tampers with or benefits from any manipulation of or tampering with the entry process or the operation of the promotion (including, but not limited to soliciting votes, disguising an IP address, using multiple email addresses or aliases to submit multiple entries for the same person, or other electronic account) or acts in violation of these conditions, acts in a dishonest or disruptive manner, acts with the intent to annoy, abuse, threaten or harass any other person, or acts in a way to jeopardise the fair operation of the promotion.
(h) If an Entrant or their parent or legal guardian does not provide all requested Personal Information, the Promoter may determine the Entrant is not eligible to win a prize.
3 Promotion
(a) To enter, during the Promotion Period, the:
(i) Entrant must create an original painting or drawing that shows ‘how the NBN will make Australia a better country’ in A4 landscape format.
(ii) Entrant’s parent or guardian must submit the entry by one of the following methods:
(A) go to nbnco.com.au/stars and complete the entry form, including the Entrant’s name, age and school and the parent or guardian’s name, address and contact details and upload the illustration in .pdf, .png, .jpg or .tif format; or
(B) complete an entry form (copies of which can be downloaded from nbnco.com.au/stars), including the Entrant’s name, age and school and the parent or guardian’s name, address and contact details and post the entry form and illustration to ‘Shoot for the Stars Competition’, NBN Co, Level 11, 100 Arthur Street, North Sydney NSW 2060.
It is the Entrant's responsibility to notify the Promoter of any change in its contact details during the Promotional Period.
(b) Each Entrant must (if they have submitted their entry electronically) retain their original illustration and, if requested by the Promoter, provide it to the Promoter.
4 Prize and winner selection
(a) This promotion is a game of skill, and chance plays no part in determining the winners. The Promoter’s decision in relation to all aspects of the promotion (including where an entry is deemed not to comply with these conditions of entry) is final and no correspondence will be entered into.
(b) In the month following the end of the Promotion Period, the Promoter will review all valid entries received during the Promotion Period based on the creativity and originality of the entries set out above and choose a finalists from each Australian state and territory and one grand prize winner from those finalists.
(c) The finalists and grand prize winner will be publicly announced on the Promoter’s website at nbnco.com.au/stars on 1 May 2015.
(d) The valid entry judged to be the most creative and original against the criteria in each state and territory will win a trip to Questacon with 1 of their parents or guardians. All finalists must be able to travel to Canberra on the departure date specified by the Promoter, which will be scheduled for shortly after the launch date of the rocket, which is subject to change. NBN Co will endeavour to provide the finalists with at least 2 weeks’ notice of the relevant travel date.
(e) The grand prize winner chosen from the finalists will also have their illustration displayed on a rocket which will transport a NBN Co satellite into orbit and their school will work with NBN Co to name that satellite.
(f) There are 8 prizes and the total prize pool is approximately $12,000. Prizes are not transferable or exchangeable and cannot be redeemed for cash. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason (including for example, where a satellite does not launch as scheduled), no substitute prize will be provided.
(g) In the event of a prize not being accepted or claimed, the judges may select an alternate winner with the entry judged to be the next best entry in the relevant Australian state or territory to receive that prize.
5 Use of entry and promotional activities
(a) As a condition of accepting the prize, each finalist irrevocably and unconditionally assigns (and each finalist’s parent or guardian must ensure that the Entrant irrevocably and unconditionally assigns) to the Promoter all of the Entrant’s right, title and interest (including without limitation all IP rights, including present and future copyright) in the entries.
(b) Each parent and guardian of a finalist must ensure that that finalist participates, at the Promoter’s request, in all promotional activity (such as publicity and photography and attendance at any presentation ceremony or event the Promoter decides to arrange) surrounding the prize. Each parent or guardian of a finalist consents and must ensure that the finalist consents to the Promoter using the finalist’ name and image in promotional material in any medium throughout the world.
(c) Each Entrant’s parent or guardian acknowledges and agrees (and their parent or guardian must ensure that the Entrant acknowledges and agrees) that if the Entrant is a finalist, the Promoter (and each of its assignees and licensees) has the right, in their absolute discretion, to edit, amend (including by applying Promoter or third party branding), copy, use, publish, broadcast and communicate to the public, the entry in any media including the internet, without any further consultation, reference, payment or any other compensation to the Entrant and consents (and must ensure that the Entrant consents) to the Promoter (and each of its assignees and licensees) doing or omitting to do any of these things which, but for this consent, would infringe any or all of the Entrant’s moral rights (as defined in the Copyright Act 1968 (Cth.
(d) If required by the Promoter, each finalist’s parent or guardian agrees to:
(i) sign an agreement or statutory declaration on behalf of the Entrant regarding the ownership, originality and use of the Entrant’s entry and confirming that the Entrant agrees, at the Promoter’s request, to participate in all promotional activity (such as publicity and photography) surrounding the competition; and
(ii) verify the entry and provide proof of identity, age and residency at the nominated address.
6 Liability
(a) The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
(b) The Promoter has no control over mobile telephone communications, networks or lines or the postal service and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction, outage, strike or otherwise.
(c) The Promoter is not liable for any consequences of user error in relation to the Promotion or submitting an entry including (without limitation) costs incurred.
(d) The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
(e) If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, mobile network or postal service failure, bugs, tampering, manipulation, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion or the successful launch of the satellite, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries.
(a) Entrants’ and their parents’ or guardians’ personal information (PI) will be collected to enable the Promoter and its agencies to administer and promote this promotion and the national broadband network.
(b) The PI of finalists and their parents or guardians may be provided to third parties assisting in the conduct of the promotion, including prize suppliers and deliverers and media partners, and for publicity purposes surrounding the promotion.
(c) If the requested PI is not provided, the Entrant may not participate in the promotion. By entering this promotion the Entrant and their parent or guardian consents to the use of their PI as described.
(d) Our Privacy Policy is available at nbnco.com.au/privacy and includes details about how you access, update and correct PI or complain about the way NBN Co handles PI. You can contact NBN Co through our website, by emailing info@nbnco.com.au or calling NBN Co on 1800 OUR NBN (1800 687 626).