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Terms and conditions

#INDUSTRYSUPERFUNDS PROMOTION

  1. Information on how to enter the ‘#INDUSTRYSUPERFUNDS Promotion’ (‘Promotion’) forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these terms.
  2. The Promoter is Industry Super Australia, ISA Pty Ltd ABN 72 158 563 270 Corporate Authorised Representative No. 426006 of Industry Fund Services Ltd ABN 54 007 016 195 AFSL 232514.
  3. Entry is only open to Australian residents aged 18 years or over.
  4. The following people are ineligible to enter the Promotion:
    1. Employees of the Promoter;
    2. The immediate families of the Promoter’s employees, being spouses, ex-spouses, de-facto spouses, children or step-children (whether natural or by adoption), parents, step-parents, grandparents, step-grandparents, uncles, aunts, nieces, nephews, brothers, sisters, step-brothers, step-sisters or first cousins; and
    3. Employees of the agencies associated with the Promotion, being ‘Initiative’, ‘The Shannon Company’ and ‘Tribe’.
  5. The Promotion commences at 9.00am on 30 April 2018 and ends at 11:59pm AEST on 10 June 2018 (‘Promotional Period’).
  6. An entry is made into the Promotion when a person (the entrant) posts a photo in accordance with these terms:
    1. on their personal Instagram or Facebook account; or
    2. using the function on the Promotion webpage.
  7. The Instagram or Facebook account must not be a private account.
  8. The post (‘Entry’) must include in the initial caption a description of how the image or video reflects the entrant’s unique ‘Australian’ background landscape and the hashtag #IndustrySuperFunds. The content of the description is, subject to compliance with these terms, otherwise at the discretion of each entrant and may include details about why the entrant considers the entry represents a feeling, experience, personal connection etc. that is distinctly Australian.
  9. Each photo Entry entered as part of the Promotion must:
    1. comply with Instagram, Facebook and Industry Super Australia’s social media Terms of Use;
    2. be photographed in Australia;
    3. include at least one person doing the Industry Superfunds’ hand symbol;
    4. be the entrant’s original work; and
    5. be a new post uploaded to Instagram or Facebook on or after 9.00am AEST on 30 April 2018. Posts prior to this date cannot be retrospectively tagged with the hashtag #IndustrySuperFunds.
  10. By submitting an Entry, each entrant accepts the Terms of Service of Instagram, which can be found at https://help.instagram.com/478745558852511, the Terms of Service of Facebook, which can be found at https://www.facebook.com/terms.php, and Industry Super Australia’s social media House Rules found at https://www.facebook.com/industrysuper/app/208195102528120/.
  11. By entering into the Promotion the entrant confirms and warrants the following.
    1. Each Entry is the entrant’s original work and does not infringe any copyright or other rights of any third party, including but not limited to trademarks, trade secrets, privacy, publicity, personal or proprietary rights;
    2. Any required permissions regarding the Entry have been obtained and the images in the Entry may be lawfully used for the purposes of this Promotion;
    3. Any person whose image or likeness has been used in the Entry has consented to the use of their image or waived any rights they have in the image. Failure to adequately demonstrate this consent to the satisfaction of the Promoter may result in the entrant’s disqualification from the Promotion and forfeiture of the Prize (as defined below);
    4. The Promoter, and any third party providers engaged by the Promoter to run the Promotion, will not be liable for any copyright infringement or other unlawful conduct arising from the Entry, publication of the Entry or any acts or omissions of the entrant related to the Entry, and the entrant fully indemnifies the Promoter and provider in relation to any such liability, including in relation to legal costs;
    5. The Entry does not violate any applicable law or regulation (including any laws regarding anti-discrimination or consumer protection);
    6. The Entry is not offensive, defamatory, illegal, obscene or pornographic; and
    7. The Entry does not contain viruses or other computer programming routines that may damage or interfere with, any system, data or personal information.
  12. Incomplete or indecipherable entries will be deemed invalid and rejected. The Promoter, in its absolute discretion, reserves the right to disqualify any entry that it considers is not in accordance with these terms, any relevant law, or is otherwise inappropriate. Entries that are considered unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, contain objectionable content or are otherwise inappropriate will be deemed invalid and will be rejected. The Promoter, in its absolute discretion, reserves the right to notify relevant regulatory enforcement agencies of such conduct.
  13. Entrants are permitted to enter as many times as they like, provided the entries comply with these terms.
  14. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and residence) and to disqualify any entry that is not in accordance with these terms, or any entrant who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to promptly enforce any rights does not constitute a waiver of those rights.
  15. If a dispute arises about the identity of an entrant, the Promoter may in its sole discretion determine the identity of the entrant. The Promoter may also request that the winner provides proof of identity, and/or proof of entry validity to claim the Prize. If a winner cannot provide suitable proof, the winner will forfeit the Prize and no substitute will be offered.
  16. The Promoter accepts no responsibility for any Entry not received by the Promoter for any reason including delay, technical disruptions or network congestion.
  17. This Promotion is a game of skill. Chance plays no part in determining the winners. Each Entry will be judged based on its creative merit. Judges will be selected by the Promoter in its absolute discretion.
  18. The Promoter will award one Prize to one eligible Entrant, as judged by a panel appointed by the Promoter on 19th June 2018 at 4:00pm AEST. The Promoter may select additional entries that the Promoter determines to be the next best, and record them so that the Entry can replace an invalid Entry or an Entry where the winning entrant is ineligible.
  19. The Promoter will attempt to contact the Prize winners using the details provided within two business days of the selection, and their name will be published online on industrysuper.com/industrysuperfundspromotion from 6 July 2018. If the winner cannot be contacted by 22 June 2018, or cannot accept a Prize, the Prize will be forfeited by that winner and the next best judged entry will be awarded the Prize and so on until a valid winner is found who is able to accept the Prize. The winner determined in accordance with this clause will be notified on 4 July 2018 and their name published on industrysuper.com/industrysuperfundspromotion page from 6 July 2018. The prize cannot be transferred to another person without the prior written consent of the Promoter.
  20. The Promoter’s decision is final and the Promoter is under no obligation to correspond regarding the Promotion result.
  21. The winning entry will win one Prize. The Prize is to have their Entry recreated and shot by a creative agency (The Shannon Company) and featured within an advertising campaign for Industry Superfunds at the Promoter’s cost. This image may be featured on any advertising platform, including (but not limited to) television, outdoor or digital advertising.
  22. The Prize winner and any companions are responsible for all other expenses.
  23. The Prize winner must comply with the Terms and Conditions of the Prize set out below.
  24. The Prize winner must be available between 7 July 2018 to 20 July 2018 for a 4hr period (to be determined by Industry Super Australia) to recreate the winning shot.
  25. The Prize is not transferable or exchangeable for cash.
  26. The Promoter reserves the right to refuse to allow the winner to take part in any or all aspects of the Prize if the Promoter determines that the winner is not mentally or physically able to safely participate in the Prize.
  27. As a condition of accepting the Prize, the winner may be required to sign certain legal documentation in the form reasonably required by the Promoter.
  28. The Prize will be awarded to the person named in the winning Entry.
  29. If an entrant’s contact details change during the Promotional Period, the entrant is responsible for notifying the Promoter. Any request to access or modify information provided in an entry should be directed to the Promoter.
  30. Entrants consent to the Promoter using their name, Instagram account name or Facebook account name and any submitted photos, videos, likeness, images and/or voice recordings in any media for an unlimited period without remuneration for the purpose of promoting Industry Super Australia and Industry Super Funds, and promoting any products or services supplied by the Promoter and/or its associated entities.
  31. To the extent permitted by law, the Promoter may cancel the Promotion if:
    1. any outside act, agent or event prevents or hinders the Promoter’s ability to proceed with the Promotion in the manner described in these terms, including but not limited to acts of vandalism, power failures, natural disasters, acts of God, civil unrest, strike, war, or act of terrorism; or
    2. the Promotion is otherwise not capable of running as planned, including because of tampering, unauthorised intervention, fraud, technical failures (including computer viruses) or any other cause beyond the control of the Promoter that impacts the administration, security, fairness, integrity or proper conduct of this Promotion.
  32. Any cost associated with accessing Instagram or Facebook is the entrant’s responsibility. These costs are determined by the internet service provider.
  33. The Promoter reserves the right in its sole discretion to disqualify any person who the Promoter has reason to believe has breached any of these terms, or engaged in unlawful or other improper misconduct, and to recover damages or other compensation as a result of such conduct.
  34. By entering this Promotion, participants grant Industry Super Australia a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual licence to share, repost, use, and/or publicly display their photo or video, including through any relevant social media channels, pages or accounts administered by Industry Super Australia and on In-Platform social media feeds on Industry Super Australia’s digital platforms (including industrysuperaustralia.com and industrysuper.com) utilising a partner social media aggregation tool. Participants also acknowledge that no royalties or other remuneration will be paid or payable to them for that content, or for the granting of the rights described above. Participants’ Instagram or Facebook account names will be credited for any content shared on Industry Super Australia’s official social media channels and In-Platform social media feeds on Industry Super Australia’s digital platforms. Participants must ensure they have all necessary rights to the content to avoid infringement of any third party’s rights, including intellectual property rights, privacy rights and moral rights. If a participant’s photo or video is used on any of the above digital platforms, the participant’s social media handle will be credited and, where possible, linked back to the social media account from which the content was posted.
  35. By entering this competition, entrants permit the Promoter to use their Entry and/or video to promote the Competition for the period of the Promotion, without remuneration, through any of the above digital platforms. Entrants may opt out of the Promotion and the consequent agreed use of the Entry at any time by emailing admin@industrysuper.com and Industry Super Australia will make its best efforts to remove the Entry in a timely manner.
  36. Nothing in these terms limits, excludes or modifies the statutory consumer guarantees provided under the Competition and Consumer Act 2010 or any other consumer protection provisions that cannot be excluded by law, including under the Australian Securities and Investments Commission Act 2001 or laws of the States and Territories of Australia. Except for any liability that cannot by law be excluded, the Promoter (including its 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: (a) the Promotion; (b) any technical difficulties or equipment malfunction; (c) any theft, unauthorised access or third party interference; (d) any entry or prize claim that is late, lost, altered, damaged or misdirected (regardless of whether it was received by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any tax liability incurred by a winner or entrant; or (f) participation in the prize.
  37. The promotion is not sponsored, endorsed or administered by, or associated with Instagram. Eligible entrants acknowledge and agree that they are providing their information to the Promoter and not to Instagram. By entering and participating in the Promotion, the entrant agrees to indemnify Instagram from and against any liability with respect to or arising out of or related to (i) the entrant’s participation in the Promotion, or (ii) the entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s). Any questions, comments or complaints regarding this Promotion must be directed to the Promoter, not Instagram.
  38. If an Entry is made by posting to Facebook, the above clause applies in the same way to Facebook.
  39. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to certain third parties, including to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will use and handle PI in accordance with the policy at https://www.industrysuper.com/footer/privacy-policy/. As well as any use that may be outlined in that policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes connected with the Promotion, including sending electronic messages or telephoning the entrant. The Promoter will not disclose entrant’s PI to any entity outside of Australia.