Sonder Social Competition 2020 - T&Cs
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. The promoter is Kaplan Business School Pty Ltd (ABN 86 098 181 947), Level 4, 45 Clarence St Sydney, NSW, 2000, AU (“Promoter”). The Promoter is a part of Kaplan Inc., a leading global provider of educational services. Registered as a Higher Education Provider (PRV 12094). CRICOS Provider Code 02426B.
2. Entry is only open to Australian residents of New South Wales, Queensland, South Australia and Victoria aged 18 years or over, who are current Kaplan Business School (“KBS”) Students from either the Melbourne, Adelaide, Sydney or Brisbane campuses, and who have valid accounts with either Facebook or Instagram. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. “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.
3. Promotion commences at 9am AEDT on 30/11/2020 and ends at 11:59pm AEDT on 18/12/2020 (“Promotional Period”). The promotional period will consist of 3 weeks.
HOW TO ENTER
4. A new task will be announced on the Monday of each week of the competition via a post on the KBS Facebook and Instagram pages (@studykbs).
5. To be eligible to enter, eligible entrants must take at least one original photo according to the week’s task as follows:
a. Week 1: how you are getting in the holiday spirit
b. Week 2: your goals for 2021
c. Week 3: your favourite view whilst studying.
Together, the “Entry Photos”.
6. Eligible entrants must then upload their Entry photos to their Facebook or Instagram account. Entrants must act in accordance with Facebook’s requirements and the Facebook and Instagram Statement of Rights and Responsibilities at all times, which can be viewed here:
https://www.facebook.com/terms.php
https://help.instagram.com/581066165581870.
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 at the Promoter’s discretion. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the competition is prohibited and may render all entries submitted by that individual invalid.
7. Entry Photos must be set to public display until after the judging date so that the promoter can identify entries. Entry Photos uploaded to Instagram Stories or Facebook live are not eligible.
8. 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 week, tagging @studykbs and are otherwise compliant with these terms and conditions of entry.
9. All complete eligible entries submitted during the promotion period are eligible for Prize 1 and will be judged in accordance with paragraph 12.
10. This promotion is a game of skill, with the prize for the best entry per week (total of 3x weeks and as determined by the judges in accordance with paragraph 12) being a $50 gift card (total of 3x $50 ColesGroup gift cards) (“Prize 1”).
Rules regarding entry content
11. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter is not liable in any way for such Content to the full extent permitted by law. The Promoter may remove, decline to publish, and/or invalidate any Content/entry without notice for any reason whatsoever, or to decline to publish, remove, report and/or invalidate Content/entry submitted by an entrant where an entrant’s social media profile/avatar is in the Promoter’s view offensive or is in any way in breach of the Content requirements below.
12. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem 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;
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, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems, and, without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
13. As a condition of entering this promotion, 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).
Rules regarding entry content
11. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter is not liable in any way for such Content to the full extent permitted by law. The Promoter may remove, decline to publish, and/or invalidate any Content/entry without notice for any reason whatsoever, or to decline to publish, remove, report and/or invalidate Content/entry submitted by an entrant where an entrant’s social media profile/avatar is in the Promoter’s view offensive or is in anyway in breach of the Content requirements below.
12. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem 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;
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, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems, and, without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
13. As a condition of entering this promotion, 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).
Judging
14. For the purposes of allocating Prize 1, all entries will be judged on creative merit. Judging will take place remotely in line with Kaplan’s current working from home arrangements from 12:00am AEDT on 19/12/2020. This element of the promotion is a game of skill and chance plays no part in determining the Prize 1 winner.
15. The 3x best complete, eligible entries, as determined by the judges, will win Prize 1.
Prize details
16. Acceptance and use of Prize 1 is subject to the terms and conditions of the prize provider ColesGroup, which can be found at https://www.giftcards.com.au/.
17. Prizes cannot be transferred or exchanged for cash or credit.
18. If any prize (or part of any 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.
19. The total prize pool for the promotion is $150 (inc GST).
Verification and notification
20. The Prize 1 winners will be notified via Facebook or Instagram direct message, email or via phone, depending on the contact information available. The winner must follow the instructions provided by the Promoter in order to claim their prize, including supplying a valid email or street address for delivery of their prize.
21. On request, all prize winners must provide proof of identity, age and residency.
22. 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 breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
23. Incomplete or indecipherable entries will be deemed invalid.
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 a prize winner is deemed by the Promoter to have complied with these Terms and Conditions, the Promoter will deliver the relevant 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.
General terms
27. Without limiting any other provision of these terms, the Promoter will (to the maximum extent permitted by law) not have any liability and does not accept any responsibility for any damage, loss, injury or disappointment suffered by any participant in this competition or resulting from the Prizes. Nothing shall exclude the Promoter’s liability for breach of consumer guarantee, death and personal injury as a result of its negligence, or for any other matter, if and to the extent such liability cannot be excluded by law.
28. Entrants consent to the Promoter using their 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
29. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
30. Any cost associated with accessing Facebook or Instagram is the entrant’s responsibility and is dependent 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 will render all entries submitted by that entrant invalid.
31. 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, 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.
32. 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 or participation in a prize.
33. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. Facebook or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
34. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion and otherwise in accordance with its privacy policy. The Promoter may disclose entrants’ personal information to companies and agencies connected with this Promotion. The Promoter’s privacy policy is available at https://kaplan.com/privacy-policy/.