50th Shirt Competition Terms and Conditions

GAME OF SKILL TERMS AND CONDITIONS

1. Instructions, prizes and information on how to enter form part of these Terms and Conditions. By entering, entrants accept these Terms and Conditions.
2. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
3. The Promoter is Winston Hills Soccer Club (“WHSC”), PO Box 15, Winston Hills 2153.
4. The promotional period begins at 12.01am AEST on Friday 15^th August, 2019 and concludes at 11.59pm AEST on Sunday 1^st September, 2019 (“Promotional Period”).
5. Entries are open to an individual who plays, intends to play in season 2020, or have played, or are an immediate family member of an individual who plays, intends to play in season 2020 or has played, for WHSC. Committee Members (and their immediate families) of the Promoter and third parties associated with this promotion are eligible to enter, however are ineligible for the prize. 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, brother, sister, step-brother, or step-sister.
6. The competition is to design a T-Shirt that will be used, issued, and sold by the club including as an equivalent Polo Shirt design. The design is open to the imagination, however must adhere to the following:
   1. Be predominantly Black & Tangerine, other colours can be included, however must not be a major colour
   2. WHSC Club Logo is to be present on left chest as is currently used in club merchandise
   3. Have some recognition to the 50^th Anniversary of the club. This could be either
      • a slogan/logo on the right chest or
      • Incorporated into elsewhere on shirt (stomach, back etc)

It is Desirable that the slogan/logo be of a design that can be transferable to other garments for example but not exclusive to Hoodies, Caps, etc.

7. Entries are to be submitted via the provided template and emailed to equipment@whsc.com.au prior to the conclusion of the promotional period.
8. 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 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. 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.
9. Incomplete, indecipherable or illegible entries will be deemed invalid.
10. Multiple entries in the Promotional Period are permitted.
11. The winner of the Promotion shall be judged by the Promoter to have the most creative design that reflects the conditions of entry, the history of the club, and the standing of the club in the local community. The Promotion is a game of skill.
12. The judging will take place between Monday 2^nd September and Monday 9^th September. The winners will be notified by phone and email and announced on the WHSC website. All prizes are to be redeemed during season 2020. The Promoter’s decision is final and no correspondence will be entered into.
13. The winner as judged by the Promoter will win the prize. The prize consists of free season registration for the winner or an immediate family member of the winner, to play for Winston Hills Soccer Club, in the year 2020.
14. Total prize pool is valued at up to AUD$500, pending clarification of registration costs for the year 2020. The prize is not transferable or exchangeable and cannot be taken as cash. In the event that, for any reason whatsoever, a winner does not take up the prize at the time stipulated by WHSC, or transfer the prize to an immediate Family member, for use in season 2020 then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
15. If the prize (or part of the 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 a regulatory authority.
16. Entrants consent to the Promoter using their name, likeness, image, voice, and winning design in the event they are the 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 Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
17. The winning competition entry and any associated material submitted in connection with the Competition are assigned to WHSC upon the announcement of the winner and become the property of WHSC which may use the material in any medium in any reasonable manner associated with the Competition, without payment to the entrant (of royalties, compensation or otherwise) other than the awarding of the prize. Copyright in any such material remains the sole property of WHSC.
18. Each entrant warrants that he or she owns the copyright and any other intellectual property rights in any material submitted in connection with the Competition and that they have the power and authority to agree to and grant the above assignment, consents and other rights to WHSC.
19. Each entrant indemnifies WHSC, and all officers and Committee Members of WHSC against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party’s intellectual property rights.
20. Each entrant gives WHSC all necessary consents, expressly including any consent required in relation to moral rights, to allow WHSC to adapt or change any part of the artwork design from the entrant’s entry in any way without attributing the entrant or any other person as a creator of or contributor to that artwork.
21. If this Promotion 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
22. Entrants are responsible for any and all expenses that they incur in entering the competition and that they will not be reimbursed regardless of whether or not they win the competition.
23. 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 Promotion.
24. 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 cannot be conducted within season 2020.
25. As a condition of accepting the prize, the winner must 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.
26. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, 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, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
27. The laws of New South Wales apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales.