TERMS & CONDITIONS
GIFT OF THE GAB COMMENTARY CONTEST
1. The Promoter is Gfinity Esports Australia Pty Ltd, 100 William Street, Sydney NSW.
2. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed as acceptance of these terms and conditions.
3. If there is any inconsistency between these Terms and Conditions and any other material or messaging that refers to this competition, these Terms and Conditions will prevail.
4. Entry is open to all residents of Australia and New Zealand except employees and immediate families of the Promoter and their associated companies and agencies.
6. The Promoter reserves the right to request winner(s)s to provide proof of identity, proof of residency and/or proof of entry validity. Proof of identification, residency and entry considered suitable for the verification is at the discretion of the Promoter. In the event that the winner(s) cannot provide suitable proof, the winner(s) will forfeit the prize in whole and no substitute will be offered.
When to Enter
7. The competition commences 23/03/2018 at 18:00 AEDT and concludes on 25/04/2018 at 23:59 AEST. Entries must be received by the Promoter prior to the competition close date and time.
8. The time of entry will in each case be the time the entry submission is received by the Promoter, not at the time of transmission by the entrant.
9. The Promoter accepts no responsibility for any late, lost or corrupted entries including video files not received by the Promoter or delays in the delivery of video upload due to technical disruptions, network congestion, or for any other reason.
How to Enter
10. Entrants may enter the competition by:
a. Website: Enter the competition through http://gotg.gfinityesports.com.au/register/ and register their details including email address, full name, date of birth, city, state, commentary tag, twitch channel and game title interest. The cost of accessing the Promoter’s website will be dependent on the entrant’s individual Internet Service Provider.
b. Broadcasting: Create competition entry by co-streaming the broadcast stream provided by the Promoter in private to successful registrants through the live broadcast platform Twitch.tv. Entrants are requested to commentate, or cast, over the broadcasted material to create a valid entry. The cost of creating an entry for this competition and/or the submission of the entry will be the entrant’s sole responsibility. The cost of accessing the broadcast platform will be dependent on the entrant’s individual Internet Service Provider. Permission is granted to entrants to use broadcast footage for the purposes of this competition alone. The Promoter reserves the right to issue a takedown notice to any Entrant deemed to have breached these Terms and Conditions, including Conditions of Entry.
c. Submission: Entrants are requested to submit their entries in video file format to the website address provided to them in private by the Promoter. Video files must match the conditions provided by the Promoter in terms of file format, size and content. Any files not provided in the condition requested by the Promoter may be deemed ineligible at the Promoter’s discretion. No other submission method will be accepted, including email or social media delivery. The cost of creating and/or submitting an entry for this competition and/or the submission of the entry will be the entrant’s sole responsibility. The Promoter will not be able to return entries so entrants are encouraged to keep a copy for their records.
11. Entrants are required to take full responsibility for the content of their entry and for ensuring their entry complies with these Conditions of Entry, and any Conditions of Entry provided in confidence from the Promoter to the entrant. For the purposes of these content requirements, ‘entry content’ includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Competition. Entries must use the entrant’s own voice and approved Promoter footage, creating an original work. The Promoter reserves the right to verify, or to require the entrant to verify that the entry is the entrant’s original work. If any entry cannot be verified to the Promoter’s satisfaction, the entry may be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
a. Any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
The Promoter reserves the right to disqualify a winner(s) if Promoter becomes aware that the winner(s) and/or the winner(s)’s entry is of a type described in this clause.
12. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
13. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses.
Number of Entries permitted
14. Entrants may enter an unlimited number of entries provided they adhere to Conditions of Entry and the Terms and Conditions outlined here and any other communication between the Promoter and Entrant. Only one prize will be awarded per winning entry.
15. All Entries will be publicly displayed on the video platform YouTube for community voting. Community votes will be taken via the mechanics provide by the platform, ‘Likes’ and ‘Comments’, with use of a competition keyword.
16. Community voting will be taken into consideration alongside a panel of Judges as chosen by the Promoter, at the Promoter’s discretion, to decide the shortlisted and final winning entries. The Promoter is under no legal obligation to, and will not, disclose the identities of the Judges. Draw and Notification of Winner(s)
17. The winning entries will be the entries as chosen by both community and judge decision, with final decision held by the Promoter. The Promoter will not enter into correspondence regarding the competition results or any other decisions the Promoter makes in connection with the Competition.
18. The winner(s) will be decided on 26th of April, 2018 at 11:00 AEST at 100 William Street, Sydney, NSW.
19. The winner(s) will be notified via the email addresses provided upon registration within four days of the draw. Winner(s)(s) of the prizes will be published on the competition page at gotg.gfinityesports.com.au and Promoter’s social media platforms.
20. Prizes will be awarded to the person named in the entry.
21. Should an entrant’s contact details change during the competition activity, it is the entrant’s responsibly to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
22. Any unclaimed prize will be awarded to the next in line as deemed by the Promoter, and be subject to the same Terms and Conditions. Prize(s) on offer
23. Individual prize value is up to $3,250 AUD (including GST). Total prize pool value is up to $9,750 (including GST) as at 23/03/2018. 3 winner(s)s receive: 1 x Alienware 15 Gaming Laptop, 1 x return flight from the major airport of their state, as submitted in registration, to Sydney, NSW Australia, 1 x night of accommodation in Sydney, NSW Australia at the venue chosen by the Promoter, and 1 x Appearance on the stage of the Gfinity Esports Australia Elite Series presented by Alienware during live broadcast.
24. It is a condition of accepting the prize that the winner(s) must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner(s) to confirm such conditions with the prize supplier or other relevant third parties.
25. It is a condition of accepting the prize that the winner(s) may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. (If an entrant under 18 years of age wins a prize then their parent or guardian must sign the legal release referred to in this clause on the minor’s behalf)
26. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story, photographs and/or video footage to any media or other organisation, including the internet without prior permission from the Promoter. Winner(s) will participate in post-competition publicity, within reason, on behalf of the Promoter.
27. The winner(s) acknowledges and accepts that activities that form part of the prize are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of god, such as adverse weather conditions or industrial action or civil commotion that may take place. The winner(s) must make his or her own enquiries about local issues and conditions at destinations prior to travel.
28. The winner(s) (and their companion(s)) is/are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
29. By entering this competition, entrants accept and acknowledge full responsibility for their decision to participate in this prize should they be chosen as winner(s). The winner(s) release the promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the prize or any other aspect of the prize. The winner(s) acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize and that he or she may be excluded from participation in the prize if the promoter or other organisers consider that he or she is not fit to participate.
Further Terms and Conditions
30. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
31. If for any reason this competition is not capable of running as planned, including due to infection by tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
32. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
33. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner(s). The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
34. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions. Copyright, Statutory Guarantees, Waiver and Liability
35. In consideration for the Promoter awarding the prize to the winner(s), the winner(s) hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the competition and prize to appear in connection with Gfinity Esports Australia Pty Ltd or associated third parties or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
36. Each entrant hereby assigns to the Promoter all right, title and interest in any material created or otherwise submitted to the Promoter in connection with that entrant’s entry or participation in any aspect of the prize. Each entrant warrants that the Promoter is free to use the material created or submitted (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto and neither the entrant nor any third party will be entitled to any fee for such use.
37. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
38. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
39. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or 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.
40. All entries become the property of the Promoter. The Promoter collects personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions, but no further use of this information will be made without prior consent.