Holden “What Drives You, Drives Us” Competition
Terms and Conditions
|Competition:||SBS and Holden ‘What Drives You, Drives Us’|
|Promoter:||Special Broadcasting Service Corporation (ABN 91 314 398 574) (SBS) of 14 Herbert Street, Artarmon NSW 2064. Phone: 1800 500 727.|
|Entry Restrictions:||The Competition is open to Australian residents only, aged 18 and over. Entrants must be the holder of relevant insurances. Employees of the Promoter, the Prize Supplier(s) and associated companies and their immediate families are ineligible.|
Commences: 10.30am AEST on Wednesday 8th March 2017.
Closes: 11.59pm AEST on Saturday 15th April 2017.
How to enter:
- During the Competition Period, entrants must go to holden.sbs.com.au/drive and follow the directions to complete the online entry form.
- Entrants must register their details, including (but not limited to) full name, date of birth, email address, contact phone number and full postal address.
- Entrants must submit a proposal for the Major Prize by:
- Answering 3 questions in 100 words or less per question:
- I believe in…? (Tell us what the initiative is that you’d like to drive)
- I’m driven by…? (Tell us what motivates you to support this cause)
- My goal is to…? (Tell us how you plan to tackle this issue)
- Submitting a timeline for milestone dates to roll out their proposed initiative over a 6 month period and a topline budget estimate for the use of the Major Prize.
- Answering 3 questions in 100 words or less per question:
- Entrants may choose to include supporting documentation to support their entry into the competition including photos and/or a short video entry (maximum of 3 minutes in total duration filmed landscape format if recording on a smart phone).
The Competition Winner will receive a $50,000 grant provided under the Holden ‘What Drives You, Drives Us’ program. The purpose of the Major Prize is to provide financial assistance to invest in and develop the proposed initiative in the Prize Winner’s entry. The Major Prize is exclusive of Goods and Services Tax or similar tax, levy or impost imposed by the Commonwealth, including GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act)) (GST)
GM Holden Ltd (ACN 006 893 232)
One Prize Winner will be selected from all valid entries.
A panel of judges selected by the Promoter and the Prize Supplier will judge all valid entries and the Prize Winner will be selected between the close of the Competition period and Tuesday 9th May 2017.
Eligible applications will be assessed based on the merits of the proposed project and it’s alignment with Holden’s brand pillars of Technology and Innovation, Equality, Corporate Social Responsibility, Philanthropy, Diversity & Inclusion and Women in Sport. Factors that may be considered when conducting this assessment include but are not limited to:
- The number of participants who will benefit directly and indirectly from the proposed project and the award of the Major Prize
- Positive flow-on effect from the proposed project to the broader local community;
- The extent to which the Major Prize will enable the entrant to operate in a sustainable manner;
- The role the entrant plays in the local community;
- The backgrounds of those who participate in, and benefit from, the activities of the entrant;
- Any special situation or circumstance that the entrant is currently or likely to face and the extent that the Major Prize will assist in addressing that situation.
- Whether the proposed budget is considered to be sufficient to deliver the proposed project
- Whether the provided timelines are considered to be sufficient to deliver the proposed project.
Notwithstanding the above, the Promoter and the Prize Supplier may assess each entry in accordance with criteria that the Promoter and Prize Supplier deem appropriate at their sole discretion.
Prize Winner Notification:
The Winner will be notified by email and phone on Wednesday 9th May 2017.
The Winner’s name will also be published on the SBS website on Wednesday 9th May 2017.
Second Chance Draw and notification:
If a Winner cannot be contacted by 11.59pm AEST Wednesday 17 May 2017, the Promoter or its nominated agent will select another winner from all valid entries. Second Chance Draw winner will be notified by email and phone on or before 12 June 2017 and have their name published on the SBS website on 12 June 2017.
The Prize Supplier will be responsible for the delivery of the Major Prize to the Prize Winner.
General Terms and Conditions
- Entry into the Competition is deemed acceptance of these terms and conditions. Information relating to the Competition and the above Schedule form part of the terms and conditions for the Competition. The Promoter may vary these terms and conditions from time to time at its sole discretion, subject to approval of the relevant state authorities.
- To enter the Competition, entrants must complete the process outlined in the Entry Details during the Competition Period. Any entry received outside of the Competition Period will be deemed invalid and once submitted, an entry is considered to be final and no further changes are permitted
- Incomprehensible and incomplete entries will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
- All entrants must obtain all necessary or appropriate consents and approvals to use the name, likeness, image and/or voice of any person who appears in any part of the entry, including any videos or photographs.
- By submitting the entry, all entrants confirm and warrant to the Promoter and the Prize Supplier that they have obtained all necessary or appropriate consents. Each entrant grants a non-exclusive worldwide licence in perpetuity to the Promoter and the Prize Supplier to use, retain, copy and reproduce the entries and the information contained within them for the purposes of the Competition. Content submitted in connection with the Competition will not be returned to the entrant.
- Each entrant unconditionally consents to any act or omission by the Prize Supplier and/or the Promoter which would otherwise be a breach of moral rights (as defined in the Copyright Act 1968 (Cth)) in any content provided to the Promoter or Prize Supplier in accordance with this Competition.
- Entries must not include or make reference to the intellectual property rights of any third person unless the entry is submitted with the written consent of that intellectual property.
- Entrants consent to the Prize Supplier and the Promoter using their name, likeness, image and/or voice in any media for an unlimited period without remuneration for the purpose of promoting the competition, and promoting the Prize Supplier and/or the Promoter.
- The Promoter reserves the right to request proof of identity, proof of Australian residency status at the nominated Prize delivery address and proof of entry validity, in order to claim the Major Prize. Acceptance of proof of eligibility is at the discretion of the Promoter. In the event that an entrant cannot provide proof, their entry will be deemed invalid.
- All valid entries are automatically entered into the Winner Selection process, which will take place at the times and dates set out in the Schedule, including any specified Second Chance Draw.
- The Promoter’s decision is final and no correspondence will be entered into.
- Winners will be notified in accordance with the Winner Notification details in the Schedule.
- All Prizes are as depicted or described in the Schedule and, unless otherwise specified, are not transferable or exchangeable. The Promoter is not responsible for any additional costs associated with use of the Major Prize or entry into the Competition.
- If a prize is date specific, the Prize Winner must be available to redeem the prize on the date/s specified in the Schedule. If the Prize Winner is not able to redeem the Prize on the specified date/s, the Promoter may determine another Winner in its absolute discretion.
- The Promoter accepts no responsibility for any loss, damages, or injury incurred to enter the Competition or in connection with taking up the Major Prize.
- Once Prizes have left the Prize Supplier’s premises, no responsibility is taken for Prizes damaged, delayed or lost in transit.
- The Major Prize is subject to availability. In the event that the Major Prize or part of the Major Prize becomes unavailable due to circumstances beyond the Prize Supplier’s reasonable control, the Prize Supplier reserves the right to provide a similar prize to the same or greater value as the original prize, subject to state regulations.
It is a condition of accepting the Major Prize that the winner must comply with all the conditions of use of the Major Prize and the Prize Supplier’s requirements.
The Prize Winner agrees to:
- Be involved in reasonable promotional activities relating to the Competition, and agrees that their name and likeness may be used by the Promoter and the Prize Supplier in conjunction with the promotion of the Competition at the discretion of the Promoter and the Prize Supplier. The winner agrees to assist and cooperate with the Promoter and the Prize Supplier in promoting the Program.
- Upon request, provide assets/access to their tracking of the Major Prize including written diaries/notes, photographs, video content and time for promotional shoots associated with the Competition.
- access and regular contact with the Prize Supplier within the first 6 months after the award of the Major Prize.
- use their best efforts to carry out their planned initiative/actions within the timeframes as stated in their entry and in the event that there is any change in the plan or timeframe, that they will immediately consult with the Prize Supplier so that a solution may be developed.
The Major Prize must not be used to fund:
- recurring operational expenses of the Prize Winner;
- the repayment of debt owing by the Prize Winner;
- projects which have already been completed;
- capital works on property not owned or leased by the Prize Winner; or
- any other activities of a similar nature.
In the event that the actual costs of the Prize Winner’s proposed project differs to the amount of the Major Prize then:
- if the Major Prize amount paid to the Prize Winner is less than the actual costs, the Prize Supplier will not be responsible for or obliged to pay the Prize Winner the difference; and
- if the Major Prize amount paid to the Prize Winner exceeds the actual costs, the Prize Winner agrees and is obliged to repay to the Prize Supplier the difference
- The Prize Winner must, as soon as it becomes aware, advise the Prize Supplier if it unable or it is likely to be unable to complete the proposed project in the timeframes specified in the entry.
- Neither the Promoter nor the Prize Supplier/s or their associated companies will be held liable for any loss, damage or injury that results directly or indirectly from the Winner taking part in any aspect of the Prize. Where relevant, the Winner agrees that they take full responsibility for any activities engaged in while travelling and engaging in the Prize package and will take out appropriate travel insurance.
- Neither the Promoter nor the Prize Supplier or their associated companies is responsible, to the extent permitted by law, for acts of god, acts of terrorism or war (declared or undeclared) or other events beyond the Promoter and the Prize Supplier's control which prevent awarding or acceptance of the Major Prize in accordance with the Prize description.
- The Promoter reserves the right to disqualify any entrant submitting an entry which, in the Promoter’s opinion, includes objectionable content.
- This Competition is a game of skill and chance will play no part in determining the winner. Each entry will be individually judged, based upon the entry criteria.
- All entries must be the original independent creation of the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
- Except for any liability that cannot be excluded by law, the Promoter and the Prize Supplier (including its officers, employees and agents) excludes all liability (including negligence), for any personal or permanent injury or loss of life; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- The Promoter and the Prize Supplier/s assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorised access to, or alterations of entries, and reserves the right to take any action that may be available. If for any reason this Competition is not capable of running as planned, due to causes including, but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administrative security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion, to take any action that may be available to the fullest extent permitted by law, including to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Competition. Subject to state regulations.
- All entries become and remain the property of the Promoter and the Prize Supplier.
- Entrants consent to their full names and/or their entries being used in all media by the Promoter and the Prize Supplier. Entrants acknowledge and agree they may be required to participate in promotional activities while taking up the Major Prize.
- The Promoter and the Prize Supplier may use entrants' names and details for promotional, marketing and publicity purposes. The Promoter may also be required to disclose your personal information to its contractors, agents, co-promoter and to state and territory gaming departments to assist in conducting the Competition.
- The Prize Winner agrees not to do or say anything or cause anyone to do or say anything which may bring the Prize Supplier and/or the Promoter into disrepute.
- The Prize Winner must keep and maintain records and accounts (including all receipts and invoices) associated with expenses incurred with respect to the Prize Winner’s proposed project, and must where the Prize Supplier requests, supply expenditure reports and evaluation reports to the Prize Supplier relating to the Major Prize.
- Any rights granted to the Promoter under these Terms and Conditions will also be granted to the benefit of the Prize Supplier.
Where the Prize Winner is registered for GST, the Prize Winner agrees to allow the Prize Supplier to issue a Recipient Created Tax Invoice (as that term is defined in the GST ACT) (RCTI) in respect of GST applicable to the Major Prize. T
he following requirements will apply;
- The Prize Supplier an issue the Prize Winner with an RCTI in respect of GST applicable to the Major Prize;
- the Prize Winner will not issue Tax Invoices (as that term is defined in the GST Act) in respect of the supplies for which Holden issues RCTIs;
- the Prize Winner acknowledges that it is registered for GST and agrees to notify the Prize Supplier if they cease to be registered;
- The Prize Supplier acknowledges that it is registered for GST and agrees to notify the Prize Winner if the Prize Supplier ceases to be registered for GST;
- By fulfilling all these conditions the Prize Supplier will issue a RCTI upon the Major Prize payment made to the Prize Winner; and
- The Prize Winner and the Prize Supplier both agree that they are parties to an RCTI agreement as outlined in GSTR2000/10.
- Where the Prize Winner is not registered for GST, the GST Amount will not be added to the Major Prize.
The Prize Supplier and the Promoter, acting reasonably, may take action to recover any amount of the Major Prize if:
- The Prize Winner is in breach of the Terms and Conditions;
- It is subsequently determined that the Prize Winner was not eligible for the Major Prize; and
- The Promoter or the Prize Supplier’s association with the Prize Winner may adversely affect the brands, names or reputations of the Prize Supplier and/or the Promoter.
- If the Prize Supplier and/or the Promoter provides written notice to the Prize Winner requiring the repayment of some or all of the Major Prize, the Prize Winner must repay that amount in accordance with the notice as soon as it is reasonably practicable.
- The Prize winner may not assign any part of its rights benefits given under these Terms and Conditions, and may not assign the Major Prize, to any person or organisation without the prior written consent of the Prize Supplier and the Promoter.
- The Prize Supplier and the Promoter reserve the right to audit or appoint an auditor to investigate and substantiate the implementation of the Major Prize by the Prize Winner. The Prize Winner agrees to provide all reasonable assistance required to perform such an audit.
- These Terms and Conditions are governed by the laws of New South Wales, Australia.