Conditions of Entry
The following Terms and Conditions govern the use of Top Spin (“the site”). The platform is owned and operated by us, Harvest Digital Planning Pty Ltd (Harvest), on behalf of VicHealth.
Promotion Foundation (VicHealth),15-31 Pelham Street, Carlton,
Open only to Victorian residents who are aged 18 to 29 years excluding directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies associated with this competition.
12:00am (AEDT) on
03/05/18 to 11:59pm (AEDT) on 07/06/18.
There are 5 Competition Weeks during the Competition Period. Each Competition Week runs from a Thursday to Wednesday (AEDT).
During the Competition
Period, entrants must:
- visit www.top-spin.com.au (Website); and
- fully complete and submit the online entry form. Submissions can be made in text, as an image, or a short video and any additional information as required by the Promoter.
At the end of each Competition Week, the Promoter will determine all valid Top Spin entries received during that Competition Week and those Top Spin entries will be assessed by a judging panel. The best valid entry will be displayed on the website until the duration of the competition and may be used for the promotion of next year’s competition in early 2019 .
Top Spin entries that are displayed will be eligible to receive public votes via the Website in accordance with the VicHealth Top Spin Voting Competition (Vote) for the duration of that Voting Week. In respect of each Voting Week, the entrant whose entry receives the most Votes will win a Minor Prize. All entries will be entered into the pool of entries to be judged for the Major Prize at the end of the Competition Period Week.
There are 5 Minor Prizes to be won. Each Minor Prize is a $100 VISA gift card which will be delivered (via express post) to the relevant Minor Prize winner’s address as stated in their entry.
There are five Major Prizes to be won. The Major Prize of $1,000 to be awarded to the Major Prize winner for each competition week via EFT.
The total prize pool is valued at $5,500 (inc GST).
Entrants may enter multiple entries, provided that each entry is based on a separately submitted entry form and a separate idea or creative submission.
All winners will be notified by email and announced on the Website and on Facebook, Twitter and Instagram.
Prize Claim Date and Time
Prizes must be claimed by 11:59pm (AEST) on 30/06/18.
- Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions.
- The competition will be conducted during the Competition Period.
- Each entrant will receive a return online notification confirming their successful entry into the competition. By entering this competition, entrants consent to receiving this electronic message.
- Entries must be received during the Competition Period. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated entries will not be accepted.
- This is a game of skill; chance plays no part in determining the winners. Each valid entry will be individually judged.
- Once an entrant has entered the competition in accordance with the Entry Method section of these conditions and their entry has been reviewed and verified by the Promoter in accordance with paragraphs 7 and 8, their entry will be deemed to be accepted into the competition and will (subject to the rest of these conditions) constitute an entry
- All entries become the property of the Promoter and will not be
returned to the entrant. Each entry must be the entrant’s original
work. By entering this competition entrants:
- (a) unconditionally and irrevocably assign all rights (including intellectual property rights) in their entry to the Promoter and acknowledge that the Promoter may make copies of or publish the whole or any part of the entry and may otherwise exploit the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and
- (b) agree to execute all documents and to do all things required by the Promoter to give effect to such assignment;
- (c) consent to the Promoter and its sublicensees dealing with the entry in a way that may, but for the consent, infringe the entrant’s moral rights (as defined in the Copyright Act 1968) in the entry;
- (d) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
- (e)acknowledge that the Promoter may edit, adapt and alter their entry for any reason at any stage;
- (f)acknowledge that their entry and their name may be made publicly available by the Promoter (in its absolute discretion) and will be accessible to the general public to view;
- (g)warrant that they own and have the right to assign the copyright in each entry submitted into this competition, for the purposes of this competition, that no rights have been granted to any third party in respect of the entry which would prevent the entry being used as contemplated by this competition, and that the use by the Promoter of the entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation);
- (h)warrant that their entry does not include any content that contravenes any law, infringes the rights of any third party, is obscene, offensive, discriminatory, indecent, otherwise objectionable or inappropriate or makes any improper or inappropriate invasion of the privacy of any person. Without limitation, entrants must not include any content that involves malice or which may be defamatory or in contempt of court;
- (i)warrant that their entry does not include any literary, dramatic or artistic work, or any other item in which copyright subsists, unless the entrant is entitled to do so; and
- (j)warrant that their entry contains no viruses or other computer code or material embedded in it which may have a negative impact on the Website or any network or third party computer systems.
- The Promoter may (but is not obliged to) determine at any time, in
its absolute discretion, whether or not to publish any entries on the
Website and/or, remove any entries once published on the Website or
amend, edit or modify any entry (or any part thereof), or disqualify
or invalidate any entry including (without limitation) if the
Promoter is of the view that:
- (a) the entry does not comply with paragraph 7; or
- (b) the entry otherwise breaches these conditions of entry.
- The Promoter will have no liability to entrants if it exercises this right.
- If two or more entries receive an equal highest number of Votes so as to require a tie breaker at any stage of the competition, the Promoter will determine the winning entry by deciding which of the tied entries is the best.
- The prizes are as stated in the Prize Details.
- All VISA gift cards are subject to the terms and conditions imposed by the supplier including period of validity.
- The winners will be notified in accordance with the Winner Notification.
- The winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and they consent to the Promoter using their name and image in promotional material.
- The Promoter may require winners to provide proof of identity, proof of age and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the Promoter’s discretion.
- Entries not fully complying with these conditions of entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and the prize will be awarded to the entrant who received the next highest number of Votes or submitted the next best valid entry as determined by the judging panel.
- The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.
- The Promoter’s decision is final and no correspondence will be entered into.
- The prizes are not transferable or exchangeable. If a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter.
- If a prize has not been accepted or claimed in accordance with the Prize Claim Date and Time or if, after making all reasonable attempts, the Promoter cannot contact the winner (or the winner does not contact the Promoter) by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter will distribute the relevant prize to the entrant who received the next highest number of Votes or submitted the next best valid entry as determined by the judging panel.
- The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
- Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to prizes. Minor Prizes will be delivered in Australia only.
- This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Entrants are providing their information to the Promoter and not to any other platform. Each entrant completely releases Facebook, Instagram and Twitter from any and all liability.
- If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.
- The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
- The Promoter encourages consumers to act responsibly in relation to alcohol consumption. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf.
- All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants’ personal information (including through its contractors or agents) or disclose entrants’ personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. By entering this competition, entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for marketing or research purposes, including contacting the entrant via electronic messaging. The Promoter is bound by the Information Privacy Principles in the Privacy and Data Protection Act 2014 (Vic). Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions.
Top Spin is moderated by us (Harvest Digital Planning) and our agents. We moderate the site in order to create a productive and safe environment where people can engage with the project or each other without feeling intimidated.
The site uses either a (a) post-moderation tool where all content submitted by users on our site is immediately published and then reviewed by our moderators to ensure it complies with Harvest’s Moderation Policy or (b) pre-moderation tool where all content must be approved by our moderators before appearing on the site.
In the first case, the user’s content is immediately posted on the site and then reviewed by the moderators. If the client or Harvest finds that the content violates the Moderation Policies, the user’s content will be rejected and the user may be notified via email. We reserve the right to edit or remove any content in our sole discretion that has been posted on our site.
In some cases, you may notice that your submitted content that was once posted no longer appears on the site. The content is only temporarily removed until the client or Harvest has reviewed it to ensure it complies with the Moderation Policy. If your content has been rejected, you may be notified via email from the client or Harvest.
With the pre-moderation tool, moderators must review and approve the user’s content before it is posted onto the site. This may mean the user’s content does not immediately appear on the site.
Think positively about your participation. This is an opportunity for you to input your ideas and contribute to the project.
We have the right to edit or remove any content submitted by a user. This can include, but not be limited to:
- Personal attacks on other participants or staff
- Personal information about any of the participants or staff
- Offensive language including profanity
- Comments that are discriminatory of people’s gender, race, religion, culture, sexual preference, appearance or background
- Links to any advertising or illegal material
- Spamming of comments
- Contribute constructive discussions and comments while respecting the views of other people
- Only post content that suitable for anyone (including young children) to view
- Ensure you have received permission to post any images or intellectual property of third parties
- Do not spam either by posting irrelevant websites or by re-posting your comment
- Avoid rude and dismissive comments