Terms & Conditions
COMPETITION TERMS & CONDITIONS
By entering The Oz Kids Network competition you accept and agree to be bound by these terms & conditions which will form a legally binding agreement between you and the Promoter. If you do not accept these terms & conditions you must not enter the competition.
Oz Kids Network Pty Ltd (ABN 39 642 471 707)
L1 51 YARRA ST, GEELONG, VIC, 3220
According to the Entry Form.
Who can enter
Anyone can enter (Entrant, You).
If you are under the age of 18 you must obtain your parent/guardian’s consent. By entering you represent that you have your parent or guardian’s permission and they read these terms & conditions with you.
If you are a parent or guardian of the Entrant, by allowing your child to enter, you are subject to these terms & conditions as they apply to an Entrant and you are responsible for your child’s entry.
How to enter
During the Promotion Period, the Entrant needs to create original material according to the Promotion Entry form and upload an Entry file (example video, script, song) to the Promoter’s competition upload page https://ozkidsnetwork.com/submission-form/ (Material), agree to these terms & conditions and any other competition rules, and complete and submit the required entry form.
An Entrant can submit multiple entries, each of which will be judged separately.
Prize Selection Method
This is a game of skill. During the Promotion Period the producers of The Oz Kids Network will choose the most outstanding Material submitted to them. Aside from humour, the producers will also take account of creativity, production value and originality.
The producers of The Oz Kids Network will also choose runner-up Material.
Each winning Entrant will win the following:
- The Entrant’s successful Material will be streamed on The Oz Kids Network programs and might be broadcast, distributed or made available via other means or channels;
- The right to promote the fact that they’ve won and have appeared on The Oz Kids Network and, if technically possible, share the Promoter’s social media posts featuring the Material (if any);
- An AUD$ cash prize (deposited to your nominated bank account); &
- An AU$ gift voucher to be used at JerrysHouse.org
Each runner-up will win the following:
- The Entrant’s Material (or part thereof as determined by the Producer) might be streamed on The Oz Kids Network programs and might be broadcast, distributed or made available via other means or channels
Unclaimed Prize Selection
If a cash or voucher prize is not claimed within 3 months the equivalent value will be donated to the charity Jerry’s House Limited (ABN 50 617 865 657). The Promoter will determine in its absolute discretion whether or not to stream/broadcast the relevant Material
- The above table forms part of these terms & conditions and contains details concerning when, who and how to enter; the time, place & method of prize selection; prize details; important conditions; and who the promoter is and any permit details.
- The Material must be the original work of the Entrant and not use, contain or infringe anyone else’s intellectual property rights.
- The Promoter has the right to remove any material (eg background music) that it believes might infringe someone else’s intellectual property rights.
- The Material must be capable of being viewed by an all ages general audience, including children. And adhere to YouTube’s community guidelines: https://www.youtube.com/intl/ALL_au/about/policies/#community-guidelines
- If the Material contains offensive, immoral, defamatory, unlawful material or is otherwise inappropriate (as determined by the Promoter in its sole discretion) it will not be considered.
- The Promoter, its licensees and assigns, may discontinue using the Material at any time in their absolute discretion and may remove or take it down from any channel or means used to distribute the Material.
- If you’re a winner or runner-up then you agree:
- To provide the Promoter with a high res photo of yourself within 7 days of the Promoter’s request (if any);
- To be interviewed by the Promoter within 7 days of the Promoter’s request (if any); and
- That your photograph and interview (of part/s thereof) may be perpetually used by the Promoter, its licensees and assigns, in connection with the Material and the licences herein in their absolute discretion.
- As a condition of entry and to be eligible to win a prize, the Entrant grants the Promoter a royalty-free, irrevocable, perpetual, sub-licensable & transferable licence to use the Material (including to reproduce, distribute, prepare derivative works, display and perform it) in any manner throughout the universe, including without limitation to:
- Embed, upload, stream, televise, broadcast, simulcast or transmit the Material via any means or channel, now known of or devised in the future, including, without limitation, public performance, film, television, streaming service, YouTube, Vimeo, social media, the web, podcast or apps;
- Distribute the Material via APIs;
- Make the Material available for download;
- Transcode the Material (create compressed versions of the relevant video file that are optimized for streaming);
- Generate stills from the Material; and
- Use the Material, in part of full, for the purpose of advertising or promotion.
- The above licence will be granted to the Promoter on an exclusive basis for a period of 12 months from the date that the Entrant submits their entry (Exclusivity Period). After the Exclusivity Period the licence granted to the Promoter will revert to a non-exclusive basis.
- Prior to and during the Exclusivity Period the Entrant must not use the Material in any manner described above in clause 8, such usage is reserved exclusively for the Promoter, its licensees and assigns.
- The Promoter does not have to account to the Entrant or any third party in connection with any use of the Material or sub-license or transfer of this licence.
Representation & Warranties
- The Entrant represents and warrants that:
- You have the exclusive right to submit the Material and grant the licenses herein;
- You have obtained appropriate releases (if necessary) from all persons who appear in the Material, including, without limitation, that the Entrant has notified all people that appear in, provided a location or in any way took part in the creation of the Material (Contributors):
- That the Material will be entered into this competition; and
- The rights that will be granted to the Promoter under these terms & conditions;
and all Contributors have agreed and consented to the Entrant filming and recording them, entering the Material in this competition and granting the rights to the Promoter and all those people have agreed that the Promoter can use the Material in accordance with these terms & conditions to the fullest extent possible without any restrictions, limitations or the requirement to provide any consideration or credit to the Contributors.
- The Promoter, its licensees and assigns will not need to obtain permissions, releases or licenses from any third party or pay royalties or fees to any Contributor or other third party with respect to the Material or the Promoter’s use of the Material;
- The content of the Material does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights and privacy rights; and
- The content of the Material complies with these terms & conditions and all applicable laws.
- The Entrant gives their irrevocable consent to the Promoter, its licensees and assigns, in its absolute discretion:
- using the Material:
- with or without attributing authorship to the Entrant;
- with or without other materials comprised in the Material;
- with or without any other text, data, sounds or images (whether animated or not);
- with or without any title, the same title or any other title;
- in any medium;
- in any context;
- in part or full; and
- in any way it sees fit;
- attributing authorship of the Material to someone else;
- adding to or deleting from the Material; or
- materially distorting, destroying, mutilating, altering or any other way changing the Material.
- At the request of the Promoter, the Entrant will seek and obtain the consent of each Contributor in terms similar to the consents contained in this clause 13.
- The Entrant will indemnify, defend, and hold harmless the Promoter and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including legal fees, arising from or relating to: (a) the Material; and (b) allegations of actions or omissions by the Entrant that (regardless if proven) would constitute a breach of these terms & conditions.
- As a condition of prize acceptance the Entrant agrees to, and will procure each Contributor, to enter any such further agreements or releases as are reasonably required by the Promoter, its licensees and assigns, to enable them to enjoy the benefits and rights under this agreement, including without limitation the above mentioned Licence, Representations & Warranties, Moral Rights and Indemnity.
- The Promoter, its associated agencies and companies, and employees of the Promoter and its associated agencies and companies and the immediate families of such employees are ineligible to win the prize.
- This ia a game of skill. All prize selections are final and no correspondence will be entered into.
- The winners will be notified where possible by telephone on the day of the relevant prize selection, and in writing as far as practicable within two business days and no more than five business days after the date of the prize selection. The name of the winners might be published on the Promoter’s websites and social media channels.
- If you are a winner then you consent to your name, place of residence and a photo, video or interview of yourself being published by the Promoter including, without limitation, on the Promoter’s website, social media pages, on The Oz Kids Network programs and in marketing material as a condition of acceptance of the prize. Further information will be published only with the permission of the winner.
- The prize/s cannot be exchanged for any other prize, and except in the case of cash prizes, cannot be exchanged for cash. Prize/s are not transferable. Prizes comprising gift cards/vouchers are subject to any terms & conditions related to those gift cards/vouchers and might have an expiry date or redemption conditions.
- If for any reason this competition is not capable of running as planned, subject to the approval of those authorities which have issued permits for the conduct of this competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition, including to disqualify any individual who tampers with the entry process.
- The Promoter assumes no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries. The Promoter is not responsible for any problems or technical malfunction of any equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation or downloading any materials in this competition.
- The Promoter will take all necessary steps to ensure that entries are properly recorded and stored, but will accept no liability if an entry is not recorded, corrupted or is lost. Entries will not be returned to the Entrant so please make sure you keep a copy yourself.
- The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or personal injury suffered or sustained arising from or in connection with the competition, any omission to enter a person into the competition, acceptance of the prize or the prize itself, except for liability which cannot be excluded by law.
- The promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, YouTube or any other third party. Entrants are providing information to the Promoter and not to Facebook, Instagram, YouTube or any third party. Entrants completely release Facebook, Instagram and YouTube.
- The Promoter may assign this agreement and license their rights.
- These terms & conditions and the agreement between the parties is subject to the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.