FULL TERMS AND CONDITIONS
CONDITIONS OF ENTRY PARTICIPATION
1. The competition (“Competition”) is conducted by Mars Australia Pty Ltd., ABN 48 008 454 313, trading as Mars Petcare Australia, of Wodonga VIC 3689 (“Promoter”).
2. The competition is a game of skill in which chance plays no part.
3. Entry to the Competition constitutes acceptance of these conditions.
4. The Competition is only open to Eligible Entrants. An "Eligible Entrant" is a Local Government Council in Australia that enters the Competition only through the proper exercise of its jurisdiction in accordance with all relevant laws, regulations and procedures relating to acts of the Local Government Council. For the avoidance of doubt, a Local Government Council may only enter the Competition through the act of a member of the Local Government Council that has express authority of the Local Government Council to enter the Competition. A “Local Government Council” is a duly constituted government body as at the time of entry to the Competition that is responsible for the government and management of a defined area at the local level in accordance with relevant state or territory legislation. If, after an Eligible Entrant has entered the Competition, the Local Government Council ceases to be responsible for the government and management of the area as defined at the time of entry (for example, through amalgamation), that entry will be deemed to have been made by the Local Government Council that is responsible for the area and/or responsibilities of the previous Local Government Council at the time the Grant is awarded in accordance with these conditions.
5. Competition entry opens at 09:00 hrs on 17/07/2017 and ends at 23:59 hrs on 16/10/2017. ("Entry Period"). All times and dates are times and dates in Melbourne, Australia which may be AEST or AEDT depending on the date
ENTRY TO THE COMPETITION
6. To enter and be eligible to win, an Eligible Entrant must, just during the Entry Period, complete its entry in accordance with these conditions (“Eligible Entry”).
7. Entry is via submission to www.petpositives.com.au (“Competition Website”).
8. Eligible Entrants must nominate an outdoor space for improvement and development within the area for which the Local Government Council is legally responsible. (“Nominated Space”).
9. A Nominated Space may only be used once for an entry into the Competition, but an Eligible Entrant may enter the Competition more than once by using a separate and distinct Nominated Space.
10. To submit an entry, an Eligible Entrant must, during the Entry Period, submit the following to the Competition Website (together a “Submission”):
i. Evidence (to the satisfaction of the Promoter) of authority to enter the Competition, including in relation to the Matching Amount in paragraph 10.(viii) below;
ii. A description of the Nominated Space and its current usage by the community of the Local Government Council [max. 100 words];
iii. A detailed summary of the proposed upgrades that would be built if the Local Government Council wins [max. 500 words];
iv. An explanation of why the Nominated Space should be chosen to be developed, and how the community would benefit from and use an upgraded Nominated Space, including both the benefit to pets and their owners [300 words];
v. Milestones for completion of the upgrades [300 words];
vi. A summary of other pet friendly outdoor spaces in the Local Government Council area, if applicable [100 words].
vii. A maximum of four pictures of the Nominated Space.
viii. Express confirmation that the Local Government Council agrees to match the value of the Grant if it wins the Competition and that all requisite approvals have been granted in accordance with the rules and regulations of the Local Government Council (“Matching Amount”).
11. Eligible Entries submitted as part of an entry must:
i. be original;
ii. be free of any claims, including copyright claims, by other parties.
12. Eligible Entries submitted as part of an entry must NOT:
i. be offensive or be likely to cause offence to any person or group of persons;
ii. depict any person engaged in any activity that might injure that person or any other person;
iii. promote or depict illegal or negligent activity;
iv. infringe the rights (including intellectual property rights, performer's rights or rights of reputation) of any person, whether as a result of being communicated to the public or otherwise;
v. be defamatory, obscene, pornographic, vulgar, or otherwise unlawful;
vi. contain violent or sexual content;
vii. include content of a person or persons unless their consent has been obtained;
viii. identify minors without written parental consent;
ix. have previously been shown to the public or a substantial number of members of the public; or
x. in whole or in part, have been submitted as an entry in any other promotion.
13. All entries to the Competition may be subject to verification and confirmation by the Promoter. An entrant MUST deliver to the Promoter (by a means determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win, including evidence of authorisation, or location. The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter's request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.
14. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant: (i) fails to establish their entitlement to enter the Competition to the Promoter's satisfaction; or (ii) fails to produce items as required by condition 19 or produces items that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or (iii) in the Promoter's opinion, tampers with the entry process or benefits from such tampering; or (iv) in the Promoter's opinion, submits an entry which is not in accordance with these conditions.
15. The Promoter does not bear any responsibility or liability to costs incurred as a result of entering the Competition, eligible or otherwise.
16. There are seven (7) prizes in total to be won, each comprising of a single grant of $3,000 AUD which is to be used to help build or upgrade the Nominated Space as detailed in the winner’s Submission, including in the manner and along the timeframe detailed in that Submission (“Grant”). This Grant is to be used alongside funding to be provided by the winning Local Government Council of at least the value of the Grant.
17. One Grant will be awarded to a winning Local Government Council from each of the following states/territories in Australia (“Eligible States”). In the event that no Eligible Entry is received from one of the Eligible States, no Grant will be awarded to that jurisdiction.
i. New South Wales;
iii. South Australia;
v. Western Australia;
vii. Northern Territory.
18. The Grant will be awarded by the Promotor at its absolute discretion by applying the following criteria to assess the Submissions of each Eligible Entry (“Judging Criteria”):
i. Potential effective use of the Grant as demonstrated in the proposed design and planning of the upgrades to the Nominated Space;
ii. Potential social and physical benefits created for pet owners in the Nominated Space and the Local Government Council area; and
iii. Suitability of the Nominated Space to be constructed within an eight (8) month period starting from the Grant being awarded based on the details provided in the Submissions.
19. On 10:00 hrs 27/10/2017 the Promoter award one Grant per Eligible State of the Eligible Entries according to the Judging Criteria.
20. The Promoter, at its absolute discretion, may award Grants which have been forfeited to an alternate Eligible Entry.
21. The Grant will be bestowed by a cheque from the Promoter to the Local Government Councils of the winning Eligible Entries on 01/12/2017. Delivery of the Grant will be arranged between the Promoter and each winning Local Government Council.
22. The winning Local Government Councils must provide evidence to the Promoter of a carried motion by the winning Local Government Council to allocate the Matched Amount to build or upgrade the Nominated Space, prior to 27/11/2017. This evidence should be publically accessible from the winning Local Government Council’s website. At the Promoter's request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.
23. A right to receive a Grant is not transferable or exchangeable.
24. The Promoter will not be responsible for any additional costs associated with use of the Grant. The winning Local Government Councils are responsible for all costs associated with using the Grant, including the Matching Amount.
25. The Grant is to be applied exclusively towards the upgrades proposed in the Submission of the winning Eligible Entry.
26. The winning Local Government Councils must demonstrate evidence of initiation of the upgrades to the Nominated Space within an eight (8) month period following the awarding of the grant, prior to 27/06/2018. Acceptable evidence includes photographs, or invoices for payments of goods or services being applied to the Nominated Space.
27. The total potential value of prizes that may be awarded in the Competition is up to AUD$21,000.
PHOTOGRAPH AND REASON PUBLICATION
28. As a condition of entry, each Local Government Council irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to any photograph and/or text submitted as an entry or part of an entry (“Work”) and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Work submitted is an original work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.
29. If a Photograph includes any person(s), each entrant warrants that they have obtained the consent of the person(s) in the Photograph to the Promoter using the Photograph in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
30. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition.
31. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant, (ii) any theft, destruction or unauthorised access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise).
32. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
33. All of the Promoter’s decisions are final and no correspondence will be entered into.
34. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or Grant, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these conditions is intended to exclude, restrict or modify an entrant’s rights under the Competition and Consumer Act 2010.