FEROS CARE ONLINE ART COMPETITION CONDITIONS OF ENTRY

FEROS CARE ALL IN FOR ART COMPETITION CONDITIONS OF ENTRY

General:

1. Information on how to enter and prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.

2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

Who can enter:

3. The competition is open to any person living with a disability, families, carers, and supporters of people with disability within South Australia.

4. The Promoter is Feros Care (ABN 50 104 452 271) of Level 3 The Strand 72-80 Marine Parade, Coolangatta QLD 4225 (‘Promoter’).

How to enter:

5. The theme of the Feros Care All in for Art Competition 2021 is “Inclusion: What does it mean to you”.

6. The competition opens at 9:00am on Monday, 8th March 2021.

7. The competition closes at 5:00pm ACST on 10th June 2021. Entries received after the closing date will not be accepted including electronic art pieces.

8. Eligible Entrants may enter this competition during the Promotional Period (defined above) by visiting Feros Care website at www.feroscare.com.au/allinforart and completing the online entry form. Artwork to be delivered to staff at Feros Care Gawler, at Unit 3, Level 1, 83-85 Murray Street, Gawler SA 5118, or Feros Care Salisbury, at 34 Commerical Road, Salisbury 5108 during business hours. If you do not wish to complete the entry form online, you can download the form or pick it up from Feros Care Gawler or Feros Care Salisbury. Completed forms, together with artwork can be left with staff at Feros Care Gawler or Feros Care Salisbury during business hours.

9. Entrants aged under 18 years must have parental/carer consent before submitting their entry. Parental/carer consent must be completed on completion of registration of entry.

10. Entries must include all requested contact details to be eligible to win. Each entry must be unique and received by the Promoter prior to the competition close date and time.

11. There are three categories available to enter, they are:

  • Inclusion Theme Category 1: (7-15 years)
  • Inclusion Theme Category 2: (16 years and over)
  • Open Category (any age)

The theme for the competition and exhibition is “Inclusion: what does it mean to you?” Only entries into either Inclusion Theme Category 1 or 2 are eligible to win prizes.

12. An entrant may submit a maximum of two entries provided that each entry is unique and submitted in accordance with these Terms and Conditions. Each entry needs to be accompanied by a separate entry form and only one entry per division

13. Total prize value is $580. There are two prize divisions for the competition comprising of a first and second prize for each division:

  • Inclusion Theme Category 1 First Place – ($200.00 AUD prize by way of art supplies) as voted by the judges
  • Inclusion Theme Category 1 Second Place – ($90.00 AUD prize by way of Annual Membership to Art Gallery of South Australia) as voted by the judges
  • Inclusion Theme Category 2 First Place – ($200.00 AUD prize by way of art supplies) as voted by the judges
  • Inclusion Theme Category 2Second Place – ($90.00 AUD prize by way of Annual Membership to Art Gallery of South Australia) as voted by the judges

14. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize or if the winner is unable to redeem any element of the prize, that winner will forfeit the prize in its entirety, and it shall be awarded to the next runner up in the promotion. The Promoter will not be liable for a winner who cannot be contacted and therefore forfeits their prize, and no correspondence will be entered.

15. Entrants must provide the following personal details to submit a valid entry and to allow Feros Care to administer the competition: a. First and last name b. Age c. Email address d. Phone number e. Post code. f. Category entered g. Title of artwork h. Description

16. Feros Care will elect three independent external judges who will judge competition entries in the themed division. The decision of the judges is final.

17. The winners themed division will be the best valid entry as judged by the judging panel, having regard to skill, creativity, and originality. The winners will be announced on June 18th, 2021 at the All in for Art Event opening ceremony and launch. The Promoter may select additional entries to be used as replacements if the first entrant chosen as a winner cannot satisfy these Terms and Conditions or take a prize.

18. Feros Care reserves the right to deny any entry that does not comply with the Terms and Conditions, or any entry that is deemed offensive or inappropriate.

19. The winners of the competition will be publicly announced on June 18th, 2021 at the All in for Art Event opening ceremony and launch. The name and artwork title of the winners will be published on Feros care Facebook page and on the Feros Care website.

20. All mediums will be accepted include painting, photo-media, sculpture, drawing, woodwork, ceramics etc.

21. The entrant must confirm that their submission is their own work, and they own the copyright to their design.

Judging Process

22. The Judges will choose the themed division ‘Inclusion: What does it mean to you?’ Competition Winners, in both Category 1 and Category 2.

23. The Feros Care themed division ‘Inclusion: What does it mean to you?’ Competition Winners will be announced 18th June 2021 and winners will be notified by phone call and invitation to the All in for Art Opening Ceremony to collect their prize.

24. The decisions of the judge(s) are final. No correspondence or discussion will be entered.

Winners

25. Winning entrants authorise and agree to permit Feros Care to publish their names, photographs of artwork submitted, and to photograph the works and reproduce images of any works selected for the purpose of promotion of the Feros Care All in for Art Competition. This includes Facebook, Instagram, Feros Care website and any Feros Care Art Competition and Exhibition advertising. These permissions acknowledge that the artist remains the copyright holder.

26. Winning entrants authorise and agree to permit Feros Care sufficient publicity in the process. This may include photos and/or video of artists and their artwork which may be used by Feros Care online and/or in print collateral such as the feros care website, social media pages and magazine and media. Artists in photos and/or videos agree to provide written consent to Feros Care for this purpose.

27. Feros Care will seek permission from entrants before conducting media coverage or interviews.

28. This competition is promoted and managed by Feros Care. Gawler: Address: Unit 3, Level 1/83-85 Murray St, Gawler SA 5118. Email: [email protected]

29. Feros Care will collect, manage, use and disclose any personal information in accordance with the Privacy Act 1988. If you wish to review the Feros Care Privacy Statement please click the link below. https://www.feroscare.com.au/privacy-policy

30. Feros Care will not sell any information collected as part of the competition.

Exhibition Conditions

31. The All-In exhibition will attempt to feature all valid entries on the premises for the duration of the exhibition. In the event that the number of entries exceed available space, a selection of artwork will be displayed. There will be a virtual exhibition on social media that will display all valid entries.

Further Terms and Conditions

32. The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also 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 this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.

33. The Promoter and their associated agencies and companies will not be liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur; in the participation in any prize; as a consequence of late, lost or misdirected mail; due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; any injury or damage to entrant’s or any other person’s computer software or phone; or any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.

34. All entrants must submit ONLY their own original submissions. Entries that are found to have been derived from the designs of a third party will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The winner may be required to sign a statutory declaration regarding the originality of the entry. Without limiting the generality, the Promoter reserves the right to take legal action against anyone found to have breached this term. 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 are reserved.

35. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.

36. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) to claim a prize. Proof of identification, residency, age, and entry considered suitable for verification is at the discretion of the Promoter. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

37. The Promoter reserves the right to rejudge in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.

38. The judges’ decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining any winner. No correspondence will be entered. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

Privacy Collection Statement

39. The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at https://www.feroscare.com.au/privacy-policy. You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, Feros Care, Level 3 The Strand 72-80 Marine Parade, Coolangatta QLD 4225.

Copyright, Statutory guarantees, Waiver and liability

40. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.

41. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable Guarantees’).

42. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize.

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