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Community Art Project Terms and Conditions

Community Art Project Terms and Conditions

All sections and information in this document form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their parent/guardian (where applicable).

1. Promoter
Name: Caltex Australia Petroleum Pty Ltd
ABN: 17 000 032 128 
Address: Level 24/2 Market Street, Sydney, NSW 2000
Phone: (02) 9250 5000
(“Caltex”)

2. Who may enter?

Entry is only open to persons who are: 

(i) in the case of an entry by an individual, Australian residents 18 years and above;

(ii) in the case of an entry by a group of individuals, one such individual being an Australian resident 18 years and above; 

(iii) in the case of an entry by an individual,  Australian residents under 18 years, accompanied by the written consent of a parent/guardian; and

(iv) willing, ready and able to complete all entry requirements at the times and dates set out in these Terms and Conditions.

Except with the express written consent of Caltex, employees (and their immediate families) of Caltex and its contractors associated with the promotion are ineligible to enter. “Immediate family” means spouse, parent, natural or adopted child, sibling (whether natural or adopted by a parent) or cousin of any director, manager, employee or officer of Caltex and its contractors, whether or not they live in the same household as that director, manager, employee or officer. 

3. Promotional Period

The promotion starts at 10:00 AEDT on Friday 1 December 2017 and closes at 11:59pm AEST on Friday, 31 August 2018 (“Promotional Period”). 

4. Entry

(a) How to enter?
To enter, eligible entrants must complete the following during the Promotional Period:

(i) create an image or multi media file of an original artwork which expresses the theme of making life easier and also depicts some representation of the local environment or community surrounding the Caltex Newport Fuels Terminal located at 411 Douglas Parade, Newport, Victoria; and

(ii) submit that image or multi media file by email to communications@caltex.com.au

Caltex encourages entrants to utilise the full breadth of artistic expression including, without limitation, drawing, painting, images, design, murals, and still or moving projection.

While Caltex places no restrictions on the dimensions of the original artwork, Caltex encourages entrants to consider how their original artwork would look copied, painted, projected or otherwise represented on a 25ML fuel tank which is 21 metres high and 43 metres in diameter.

Entries can be an individual entrant or a collaboration between a group of individuals.

(b) Maximum number of entries
Multiple entries are not permitted. Caltex reserves the right to request winners to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of Caltex.

5. Prizes

(a) List of prizes

There will be only one winner.  That winner will receive $5000 and:

(a) will be announced and named as the artist or group of artists on completion of the Promotional Period; and

(b) will be announced and named again if Caltex elects, in its absolute discretion, to copy, paint, project or otherwise represent their original artwork on a fuel tank at the Caltex Newport Fuels Terminal.

(b) How winners are determined

This is a game of skill; there is no element of chance involved. The winners will be judged on the following criteria of their submitted original artwork:

  • Creativity (40%);
  • Originality (30%); and
  • Relevance (30%).

The entries will be judged in the eight weeks following the end of the Promotional Period. Caltex’s decision is final and no correspondence will be entered into. Prizes cannot be transferred. 

(c) Maximum value of prizes

Maximum value of total prize pool:
(i) $5,000

6. Winner notification

The winner will be contacted via email by Caltex. The prize will be sent within 14 days of notification to the winner by Caltex.

7. Winner publication

The name of the winner and a copy or other representation of the original artwork will be published on https://www.facebook.com/CaltexAu/

8. Redraw or redetermination of winner

If the winner does not respond to Caltex by email to communications@caltex.com.au within 7 days of winner notification by Caltex, then the prize will be forfeited and will be re-allocated to the next winner as determined by Caltex using the same criteria as set out in item 5(b).

10. Additional terms

Caltex reserves the right, at any time: 

(a) to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or 

(b) to disqualify any entrant (or invalidate his/her entry) that Caltex reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.

11. Rights to use image

The winner grants to Caltex an exclusive, irrevocable, perpetual and royalty free licence to use images or other representation of winning original artwork including, without limitation by:

(a) copying, painting, projecting or otherwise representing their original artwork on a fuel tank at the Caltex Newport Fuels Terminal;

(b) reproducing the winning original artwork on Caltex’s website and in promotional materials,
and the entrant waives their moral rights to allow Caltex to do so.

The winner consents to Caltex using their name/ names, biographical details and likeness/es in connection with the competition.

Each entrant represents and warrants that the artwork is the entrant’s sole original artwork, and that the entrant, if that entrant is the winner, has the power to grant the rights given under these Terms and Conditions, the entrant has obtained appropriate releases, including location and performer’s releases, the entrant is entitled to reproduce and exploit any underlying rights in the artwork, and the entrant indemnifies Caltex against any loss resulting from breach of these warranties.

 

Entry Conditions

1 ENTRY

1.1 Entry is only open to those persons specified in Item 2 of the above Schedule to Entry Conditions (“Schedule”).

1.2 To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule. 

1.3 Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule.

1.4 All entries must be received by Caltex by or in the period indicated in Item 4(a) of the Schedule. Entries are deemed to be received at the time Caltex receive the entry in its promotion database, and not at the time of transmission by the entrant. 

1.5 Caltex may, at any time, verify the validity of entrants and entries (including an entrant’s identity, age and place of residence to enter this promotion). Entrants must fully cooperate with Caltex in connection with such verifications. 

1.6 Caltex accept no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. However, Caltex may (but is not obliged to) at its discretion accept an entry which contains errors or omissions.

1.7 All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant’s responsibility. 

2 PRIZES

2.1 The prizes in this promotion are set out in Item 5(a) of the Schedule. The entrant agrees to any terms relating to the prizes set out in Item 5(a) of the Schedule.

2.2 Prize winners will be selected in accordance with the method set out in Item 5(b) of the Schedule.

2.3 Prize winners will be notified in accordance with the terms set out in Item 6 of the Schedule, and their names and/or suburbs will be published in accordance with the terms set out in Item 7 of the Schedule. 

2.4 The entrant must ensure they provide their correct contact details to Caltex, and to notify Caltex of any changes to their contact details before the date and time for announcing winners. Caltex will not be liable if it cannot contact any winner because of any incorrect contact details provided by an entrant.

2.5 If Caltex request, the winner must provide Caltex with proof of identity before being eligible to claim a prize. If there is a dispute as to the identity of an entrant, Caltex reserve the right, in its sole discretion, to determine the identity of the entrant.

2.6 If any prize or portion of a prize is unavailable, Caltex may at its sole and absolute discretion substitute the prize or portion of that prize with a prize of equal value and/or specification, subject to any directions form any regulatory authority, if applicable. 

2.7 The maximum prize pool value is set out in Item 5(c) of the Schedule. Caltex accept no responsibility for any variation in the total prize value or any individual prize value.

2.8 Prizes or any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless Caltex agree otherwise in writing.

2.9 Prizes are awarded subject to the standard Terms and Conditions of individual prize and service providers.

2.10 Any ancillary costs associated with redeeming a prize (including without limitation, transportation costs) are not included and are the responsibility of the winner. 

2.11 The entrant agrees to the terms concerning (if applicable) redraws and redetermination of winners set out in Item 8 of the Schedule.

2.12 These Terms and Conditions and any promotional materials connected with this promotion do not include by implication any term, condition, representation or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, image, manufacture, design or performance of any of the prizes, to the fullest extent permitted by law.

3 PRIVACY

3.1 Caltex collect the entrant’s personal information to conduct this promotion and may, for this purpose, disclose such information to third parties, including without limitation, to its agents, contractors, affiliated entities, service providers, prize suppliers and Australian regulatory authorities. 
Caltex may, for an indefinite period, unless otherwise advised by the entrant, use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any opt out, access, update or correct information request to Caltex. A copy of the each of Caltex’ privacy policy can be viewed at http://www.caltex.com.au/privacy-and-reporting-policy.

4 SOCIAL MEDIA

4.1 If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees: 

(a) to comply with (where applicable) Facebook’s, Twitter’s, YouTube’s, Instagram’s and any other social media website’s Terms and Conditions in relation to promotions, including (as applicable) Facebook’s Statement of Rights and Responsibilities, Twitter’s terms of service, YouTube’s terms of service and Instagram’s terms of use;

(b) that this promotion is in no way sponsored, endorsed or administered by, or associated with (where applicable) Facebook (unless otherwise specified); and

(c) that any questions comments or complaints about this promotion must be directed to Caltex and not to (as applicable) Facebook.

5 GENERAL

5.1 All of Caltex’ decisions in connection with this promotion are final and binding, and no correspondence will be entered into regarding the decisions. All decisions are made at the sole and absolute discretion of Caltex.

5.2 Entrants agree to indemnify and keep indemnified Caltex against all losses, costs, expenses, damages or liabilities that Caltex suffer or incur or is likely to suffer or incur, and against all claims, demands, proceedings, suits and actions against Caltex in connection with an entrant’s breach of any of these Conditions.

5.3 Failure by Caltex to enforce any of its rights at any stage does not constitute a waiver of those rights.

5.4 Caltex may at its sole and absolute discretion and to the full extent permitted by law:

(a) invalidate any entry;

(b) disqualify any entrant; and/or 

(c) modify, suspend, terminate or cancel the promotion, as appropriate, for any reason Caltex deem appropriate at its discretion, including without limitation if: 

(i) any entry does not comply with any of these Conditions, is incomplete or indecipherable, or is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents;

(ii) any entrant does not comply with these Term and Conditions or tampers with the entry process;

(iii) the promotion is not capable of being conducted as reasonably anticipated;

(iv) any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;

(v) any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or

(vi) any act, omission, failure or delay occurs which is not reasonably within Caltex’ control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion.

5.5 To the extent permitted by law, Caltex (including their respective officers, employees, directors, contractors, agents and affiliated entities) are not responsible for and exclude all liabilities (including exclusion of all liabilities for negligence, personal injury, illness and death of any person), losses, expenses, damages, costs, claims, demands, proceedings, actions and suits (whether or not direct, indirect, special, consequential) arising as a result of or in connection with any of the following:

(a) any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;

(b) any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or

(c) any act, omission, failure or delay occurs which is not reasonably within a Promoter control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion;

(d) entry or prize claim that is late, lost, altered or damaged, whether or not due to a Promoter act, omission or fault;

(e) entrant’s or other person’s participation in this promotion;

(f) damage caused to any prize in transit before the prize winner takes possession;

(g) tax liability incurred by a winner or entrant;

(h) use or misuse of the prize;

(i) invalidation of any entry;

(j) disqualification of any entrant; and/or

(k) any cancellation, termination, modification or suspension of this promotion.