Terms and Conditions
HEARTLAND ONLINE GALLERY
CONDITIONS OF USE
By submitting content to this online gallery you hereby:
- grant to the Art Gallery of South Australia an irrevocable, royalty-free, non-exclusive licence to use, reproduce, distribute and communicate to the public by any means (including via the Art Gallery’s website and third parties’ websites) the image and text (“content”) for non-commercial, educational and promotion purposes;
- agree that the licence is granted in perpetuity and applies worldwide;
- acknowledge that you have obtained permission for publication from any person depicted in photographs or mentioned in message posts;
- acknowledge your understanding that the content may be shared by other website users on social media sites including Facebook and that you accept the terms and conditions of these websites. Please refer to individual sites for full terms and conditions; - if you are under the age of 18 you acknowledge that parental consent has been obtained;
- warrant that you are the bona fide owner of all intellectual property rights in the content or that you have been duly authorised by the owner and that the owner agrees to provide written evidence of that authorisation if requested;
- warrant that the content being licensed does not infringe the intellectual property rights of any third party;
- agree that photos uploaded to the online gallery may be cropped and messages shortened for display purposes and the full image or message may not be displayed, you agree to your photo or message being formatted for this purpose;
- agree that the Art Gallery of South Australia is not obliged to include a name credit of the entrant who uploaded the content, but shall endeavour to do so where possible; and
- agree to indemnify the Art Gallery of South Australia if you breach any of the above terms and conditions.
CONDITIONS OF ENTRY
ART GALLERY OF SOUTH AUSTRALIA
“Where is your HEARTLAND?” PROMOTION
1. Information on the prize and how to enter form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
2. Any costs associated with accessing the promotional website remain the responsibility of each entrant and are dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall be deemed invalid and will result in an ineligible entry.
3. Entry is free and open to all residents of South Australia who are 18 years of age or over. However, employees (and their immediate families) of the Promoter (The Art Gallery of South Australia), and agencies and companies associated with the promotion are not eligible to enter. To be eligible for selection the entrant must be a current South Australian resident.
4. To enter the promotion, eligible entrants must, during the promotional period, log on to the Promoter’s website at www.artgallery.sa.gov.au/heartland and complete in full, in the manner required, the online entry form. In order to fully complete their entry, eligible entrants will be required to provide their first name, last name, country, state, suburb, current and valid mobile phone, email address, and residential address and submit a photo or message in response to the question ‘Where is your HEARTLAND?’.
5. Multiple entries are not permitted, only one entry per person will be accepted. Internet entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entries received will be considered final by the Promoter. Entries must be written in English. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. Entries must be received by the Promoter during the promotional period. The Promoter accepts no responsibility for late, lost or misdirected entries.
6. The promotion commences at 1:30pm (AEST) on 21/06/2013 and closes at 11:59pm (AEST) on 08/09/2013. The prize draw will take place at 3.00pm (AEST) on 09/09/2013 at the Art Gallery of South Australia, North Terrace, Adelaide, 5000, South Australia. The winner will be notified by telephone or email and their name and locality will be published on the Art Gallery of South Australia’s website on 10/09/2013. All reasonable steps to notify the winner will be taken by the Promoter.
7. Entrants can only enter in their own name. The Promoter reserves the right to request the winner to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the winners’ identity, age, residential address and email address, eligibility to enter and claim the prize and any information submitted by the winner in entering the promotion, before issuing the prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will become invalid.
8. There will be one (1) major prize winner. The first eligible entry randomly drawn from all eligible entries received will win a voucher to the value of $1,500 to be redeemed with The Australian Holiday Centre on a South Australian holiday for two people.
9. If a drawn entry is ineligible due to failure to comply with all Conditions of Entry that entry will be discarded and a new winner will be selected from the remaining eligible entrants. The voucher must be redeemed within 12 months from the date the winner is issued the prize after which the voucher will become invalid.
10. Total maximum prize pool value is $1,500.00. The prize is not transferable or exchangeable and cannot be taken as cash. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value.
11. The recipient of this prize is responsible for all is responsible for any additional travel costs not covered by the voucher, such as travel insurance, freight, excess baggage, meals and any other incidental expenses. The recipient of this prize must also pay any additional costs owed to The Australian Holiday Centre incurred when booking and taking the South Australian holiday.
12. The recipient of the prize must adhere to any further terms and conditions specified by The Australian Holiday Centre for usage of the travel voucher.
13. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
14. In the event that the prize has not been claimed by 5.00pm on 13/09/2013 The Promoter may conduct such further draws as are necessary at the same place as the original draw as are necessary in order to distribute an unclaimed prize, subject to any State legislation. The winner of an unclaimed prize will be notified by telephone and email and their name and locality will be published on the Art Gallery of South Australia’s website on 16/09/2013.
15. The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with taking the prize or using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
16. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures. If any prize(s) become unavailable for any reason beyond Promoter’s control then a similar prize of equal or greater value will be awarded to the winner in lieu.
17. 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.
18. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Conditions of Entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
19. Caution: any attempt to cause malicious damage or interference with the normal functioning of the promotion website or the information on the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.
20. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
21. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions under State or Territory legislation.
22. Entrants consent to the Promoter using the entrant's name, locality, 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 of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting the HEARTLAND exhibition. The winner agrees to participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
23. All entries become the property of The Promoter. All opt-in entries will be entered into a database and The Promoter and/or associate partner may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
25. The Promoter is Art Gallery of South Australia (ABN 52290987817) of North Terrace, Adelaide SA 5000.