KBS Orientation Social Competition T&C's
1. This document is the “Terms and Conditions” for the KBS Orientation Social Competition (“promotion”).
2. Participation (including by submitting an entry) in this promotion is deemed acceptance of these Terms and Conditions.
3. The promoter is Kaplan Business School Pty Ltd (ABN 86 098 181 947) of Level 12, 45 Clarence St Sydney, NSW, 2000, AU (“Promoter”). The Promoter is registered as a Higher Education Provider (PRV 12094), and its CRICOS Provider Code is 02426B.
4. Entry is only open to current Kaplan Business School (“KBS”) students located in Australia aged 18 years or over commencing in intake T1 2023 from either the Melbourne, Adelaide, Sydney, Perth or Brisbane campuses, and who have valid accounts with either Facebook or Instagram.
5. Employees (and their families) of the Promoter or any member of the Kaplan group of companies are ineligible to enter.
6. The promotion commences at 9:00 am AEDT on 6/03/2023 and ends at 11:59 pm AEDT on 10/03/2023 (“Promotional Period”).
7. To enter the promotion, eligible entrants must join KBS’ Instagram or Facebook channel, take at least one original photo near a KBS logo (the KBS logo must be visible in the photo) and upload their entry photo(s) to their personal Facebook or Instagram account adding #studykbs and location. Videos are not eligible.
8. Entrants must comply with Facebook’s and Instagram’s terms and conditions that govern their use of Facebook and Instagram (as applicable) at all times, including (without limitation) those which can be viewed here:
https://www.facebook.com/terms.php
https://help.instagram.com/581066165581870
9. Entrants can only enter in their own individual capacity and from a social media account which they hold in their own name. Entering under a false name/s may invalidate all entries. Multiple entries under different names and/or different social media accounts may also invalidate all entries. The use of automatic entry software, mechanical or electronic devices that allow an individual to automatically enter the competition is prohibited and may render all entries submitted by that individual invalid. Incomplete or indecipherable entries may be deemed invalid. The Promoter will determine, in its sole discretion, whether an entry is valid or invalid.
10. Entry photos must be set to public display until after the judging is finished so that the Promoter can identify entries.
11. Entry photos uploaded to Instagram Stories or Facebook live or similar temporary display features are not eligible.
12. Entrants can upload their entry photos in one post or across various posts as long as the entry photos are uploaded within the Promotion Period, tag #studykbs and are otherwise compliant with these Terms and Conditions.
13. All entries will be judged on creative merit. The promotion is a game of skill and chance plays no part in determining the winner.
14. Judging will take place during the week commencing 13/03/2023.
15. The Promoter will appoint one or more judges to judge the entries and determine the best eligible entry, which will win the prize.
16. The prize for the winning entry is a $100 gift voucher for each campus.
17. The total prize pool for the promotion is $500.
18. Acceptance and use of the prize are subject to the terms and conditions of the service provider that supplies the prize. The prize cannot be transferred or exchanged for cash or credit.
19. If the prize is unavailable, the Promoter, at its discretion, reserves the right to substitute the prize with a prize to equal value and/or specification.
20. The prize winner will be notified via Facebook or Instagram direct message, email or via phone, or otherwise, depending on the contact information available.
21. The winner must follow the instructions provided by the Promoter to claim the prize, including supplying a valid email or street address for delivery of the prize.
22. On request, the prize winner must provide proof of identity, age and residency.
23. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has engaged in conduct that jeopardises the fair and proper conduct of the promotion or otherwise breaches these Terms and Conditions.
24. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
25. Once the prize winner is deemed by the Promoter to have complied with these Terms and Conditions, the Promoter will deliver the prize within 28 days of the winner’s entry being verified and accepted.
26. The Promoter’s decisions are final, and no correspondence will be entered into regarding any matter relating to the promotion.
27. Any cost or other obligations associated with accessing Facebook or Instagram, or otherwise participating in the promotion, are the entrant’s sole responsibility.
28. Entrants agree that they are fully responsible for any materials they submit via or in connection with the promotion including but not limited to the entry photos and any other data, comments or content (“Content”).
29. The Promoter is not liable in any way for such Content to the full extent permitted by law. The Promoter may disqualify, remove and/or invalidate any Content/entry without notice for any reason whatsoever.
30. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, that breaches of any intellectual property, privacy, publicity or other rights, or is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable, not suitable for children aged under 15, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d. the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f. they will comply with all applicable laws and regulations, including without limitation those governing copyright, intellectual property, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
31. Each entrant licenses and grants the Promoter and its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Each entrant consents to use of their entry in accordance with the foregoing licence and waives and releases the Promotor (and its affiliates and sub-licensees) from any claim or right of action the entrant may have in respect of such use, including for infringement of the entrant’s moral rights (whether related to the rights of integrity or attribution or against false attribution or otherwise).
32. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of these Terms and Conditions by the entrant.
33. 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 2010 (Cth) or similar applicable non-excludable consumer protection laws (“Non-Excludable Guarantees”).
34. 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 or the prize.
35. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram.
36. The personal information entrants provide may be used by the Promoter for the purpose of conducting this Promotion (including reviewing entries, contacting entrants and issuing the prize to the winner), to promote KBS, and otherwise in accordance with the Promoter’s privacy policy available at https://kaplan.com/privacy-policy/.
37. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
38. These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts in that State.
39. The Promoter reserves the right to modify, suspend, terminate or cancel the promotion, or these Terms and Conditions, at any time.