Terms and Conditions of the Maritime Colouring Competition 2021

Competition Details

Ground rules

1. By entering this Competition, you as the Entrant (and if applicable, your parent or legal guardian), acknowledge and agree that:
   1. the information on how to enter the Competition and the conditions on any entry (Other Conditions) form part of the Competition Terms;
   2. participating in the Competition is deemed acceptance of the Competition Terms;
   3. you are responsible for all costs associated with entering and participating in the Competition; and
   4. the details you provided or will provide us are true and accurate.
2. Our decision in all matters is final and no correspondence will be entered into and not subject to any appeal or review. Principles of administrative law do not apply.
3. We reserve the right in our sole and absolute discretion to, at any time:
   1. amend the Challenge Terms or discontinue all or any part of the Competition or the operation of the Competition, for any reason; we will use reasonable endeavours to provide you with notice of any material changes to the Competition, either by email or by publishing changes on the Website;
   2. exclude or disqualify an invalid entry or all your if we consider that:
      1. you are ineligible to join the competition, failed to provide your parent or legal guardian’s consent to join the completion, or failed to supply evidence that verifies your identity or eligibility;
      2. you have breached the Competition Terms;
      3. you have deleted or altered any material published in connection with your entry; or
      4. you should be excluded from participating in the Competition for any reason (for example, if you have breached these terms and conditions, or have engaged in offensive or discriminatory behaviour).
4. You acknowledge and agree that you:
   1. are solely responsible for the content of your entry;
   2. will ensure that you comply with the Competition Terms at all times;
   3. will not, or attempt to, interfere with or undermine the operation of the Competition;
   4. will not, or attempt to, interfere with the normal functioning of any website or platform the Competition uses or attempt; to obtain any unfair advantage or undermine the operation of the Competition.
5. 5. If there is any conflict between the Competition Terms and Other Conditions, the Competition Terms will prevail.
   6. If you have any questions about the Competition Terms, please email us at maritime@transport.nsw.gov.au.
   7. You acknowledge and agree that this Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.
      

Eligibility

1. Entry is open to permanent residents of New South Wales, Australia who at the time of entry are aged 12 years or under. We require that you submit written permission from your parent or legal guardian:
   1. allowing your participation in the Competition; and
   2. expressly agreeing to the Competition Terms.
2. You are not eligible to join the Competition if you are an immediate family member of current or past employees/ contractor of, or of a person who have accepted an offer of employment from us, the State Transit Authority, Sydney Trains, NSW Trains, Sydney Metro and TAFE.
3. We may request you at any time to provide reasonable evidence that he or she meets the eligibility requirements and a failure to do so will result in disqualification from this competition. Entrants must obtain the consent of each person/s featured in the photograph for their image to be included in the Competition.

Entries

1. To join and submit your entry, please:
   1. print and colour one or more of the images available at [site address]; and
   2. take a photo or scan your completed artwork; and
   3. submit your entry to maritime@transport.nsw.gov.au before the Deadline along with your full name, full name of your parent or guardian, your age and address.
2. You may submit more than one entry. You must submit each entry separately in accordance with the Submission Guidelines. An entry is received at the time it is received by us (not the time it is submitted by you). 
3. You are responsible for any cost associated with submitting an entry and participating in the Competitor.
4. We accept no responsibility for any entries not received by us, or for lost, late or misdirected entries.  We are not responsible for technical difficulties with the entry mechanism and do not warrant that the entry mechanism will be available at all times.
   

Judging, winners and prizes

1. Entries must comply with the Competition Terms to be valid (Valid Entry). We will disregard any incomplete, illegible indecipherable or incorrect entries or entries which fail to meet the Submission Guidelines.  
2. We will judge your entries solely based on creative merit. This is a game of skill and chance plays no part in determining the winners.  Judging of Valid Entries will be carried out by our nominated representative (the judge) and take place at our offices located at 231 Elizabeth St, Sydney NSW 2000 on the date specified in Item 6 of the Competition.
3. The judge will choose six winners from the Valid Entries. Each of the winners is entitled to receive the Prize specified at Item 7 of the Competition Details.
4. The Prize is subject to availability, not transferable, exchangeable or redeemable for cash or items that are considered cash such as vouchers or gift cards. If the Prize becomes unavailable, we will substitute the Prize with another item/s of equivalent value. The Prize must be taken as-is and no compensation will be payable if the recipient is unable to use it as intended.
5. We will use reasonable efforts to notify the winners via our Facebook page https://www.facebook.com/nswmaritime or by email.
6. We will deliver the Prize to each winner via Australia Post.  It may take up to 21 days to deliver the Prize.
7. Winners are responsible for any tax payable on the Prize.
   

Intellectual property rights

1. You retain the intellectual property rights in your entry and all other material submitted to us as part of the Competition; however, we reserve the right to retain, display in exhibitions, publish, catalogue, sell copies and publish thumbnails of all entries on our Website, social media or other platform.
2. You authorise and confirm that permission has been obtained from authorised persons (including but not limited to copyright, trade mark, patent and/or design owners and individuals depicted in any photographs or images) to publish your entry on our Website or social media, or use the material in marketing, in print or electronically.
3. You indemnify us against all and any actions, claims or damages, arising from unauthorised use of the photographs (including but not limited to infringement of intellectual property rights) that may be taken against us by authorised persons.
4. You unconditionally and irrevocably consent to any use of your entry which may otherwise infringe your moral rights pursuant to the Copyright Act 1968. 
5. You agree to sign any further document requested by us to give full effect to this clause 6.to the assignment under this clause.

Liability

Except for any liability that cannot be excluded by law, we (including our officers, employees and agents) exclude all liability (including negligence) for any personal injury, illness or death or any loss or damage (including loss of opportunity) whether direct, indirect or consequential, arising in any way out of the Competition or any Prize, including where arising out of the following:

1. any technical difficulties or equipment malfunction or inaccessibility of our Website or any website (whether or not under the our control);
2. any theft, unauthorised access or third party interference;
3. any entry or Prize that is late, lost, altered, damaged or misdirected  due to any reason beyond our reasonable control;
4. a failure by a winner to receive our notice or the Prize due to incorrect contact details provided us;
5. the use of a Prize; or
6. the award of a Prize to an ineligible entrant.

Privacy and media release

1. We collect your personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, if required, to Australian regulatory authorities. Entry is conditional upon providing this information.
2. By submitting your entry, you consent to us:
   1. using  your entry, name, and any photographs, videos and sound recordings (including likeness and image) (collectively the Material) in any media, in connection with or for the purposes of the Competition, for an unlimited period and without compensation from us to you; and
   2. publishing and distributing the Material (in whole or in part) via our Website, Facebook page, on television, in print and electronic mainstream media and other associated Competitional materials, for an unlimited period and without compensation from us to you.
3. Your personal information will be used, stored and disclosed in accordance with our Privacy Policy available at http://www.transport.nsw.gov.au/privacy. Our Privacy Policy also contains information about how Entrants can make a complaint.
4. If you believe you have provided us with incorrect personal or contact details, or wish to opt out of any communications regarding the Competition, please email us at maritime@transport.nsw.gov.au.
5. If you are a winner, you agree to keep all details of your participation in the Competition confidential (your story) and not provide such your story to any media entity without our prior written consent.

General

1. The Competition Terms will be construed according to the laws of New South Wales and you submit to the exclusive jurisdiction of the courts of that State.
2. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning. A word importing the singular includes the plural (and vice versa). “Including” is not a word of limitation.
3. Our failure to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. Any provision of the Competition terms which by their nature survive termination or expiry of the Competition Terms will survive termination or expiry of the Competition Terms.