“HTC ONEDAY RESOLUTION” PROMOTION
TERMS AND CONDITIONS
Who Can Enter
- Entry is only open to Australian residents aged 13 years or over.
- Entrants between the ages of 13 and up to but not including 18 must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
- Employees (and their immediate families) of the Promoter and agencies
associated with this promotion are ineligible to enter. Immediate family means
any of the following: spouse, ex-spouse, de-facto spouse, child or step-child
(whether natural or by adoption), parent, >step-parent,
grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister,
step-brother, step-sister or 1st cousin.
- Promotion commences on 23/11/2015 and final entries close at 11:59pm AEDST on 30/01/2016 ("Promotional Period").
- There will be two (2) components to this promotion: (a) a Draw Component (game of chance); and (b) a Major Prize Component (game of skill).
How to Enter
- To enter, individuals must complete one of the following entry mechanics during the Promotional Period:
- Opt-In to Receive Communications from the Promoter: opt-in to receive future
promotional and marketing materials from the Promoter ("Opt In").
Entrants will receive one (1) entry into the
Weekly Draw (defined below) corresponding to the week their Opt In was
- Complete a Registration:
- visiting www.htconeday.com ("Website") and follow the prompts to the promotional registration form. Individuals will also be able to access the promotional registration form by logging into their Facebook account, locating the promotional ‘HTC OneDay Resolution’ ad on Facebook, and clicking on the ad. The promotional registration form will then pop-up on screen;
- input the requested details (including but not limited to their full name, telephone number, and a valid email address); and
- submit the fully completed registration form ("Registration").
Entrants will receive one (1) entry into the Draw corresponding to the day their Registration was submitted.
- Once entrants have completed a Registration, they will be eligible to receive additional Draw entries by visiting the Website, logging in as prompted, and completing any one (1) or more of the following mechanics:
- Upload a Resolution: individuals can upload a ‘One Day …” resolution for 2016 by inputting all of the requested details (including but not limited to a resolution title (in 40 characters or less) and a description of their resolution for 2016 (in 250 characters or less), selecting their resolution type/category from the drop-down menu, optionally uploading a photograph related to their resolution, optionally submitting a video related to their resolution via a YouTube video link, and submitting the fully completed form ("Resolution"). ‘One Day …” resolutions for 2016 could be cleaning the garage, reconnecting with an old friend, singing in public, learning to surf, etc. Each entrant warrants to the Promoter that the Resolution submitted (including the photograph and video (if submitted)) is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 35. Photographs must be submitted in JPEG format and must not exceed 2MB file size. Videos must be submitted as a YouTube video link.
Entrants will receive five (5) entries for uploading a Resolution. Entries will be awarded into the Draw corresponding to when each Resolution was submitted. Entrants can upload an unlimited number of Resolutions during the Promotional Period, subject to the limit of fifty (50) Draw entries in total per person.
Once entrants have submitted a Resolution, they may have their Resolution uploaded onto the Website for public viewing. All Resolutions will be reviewed by the Promoter for compliance with these Terms and Conditions prior to being uploaded. Resolutions that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, may, at the discretion of the Promoter, not be published or removed from the Website at any time. In addition, any entrant that submits such content will not be eligible to win.
- Add Additional Photos/Videos to Resolution/s once a Resolution has been submitted, entrants can add additional photographs and/or videos to that Resolution. Each entrant warrants to the Promoter that each photograph/video submitted is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 35. Photographs must be submitted in JPEG format and must not exceed 2MB file size. Videos must be submitted as a YouTube video link.
Entrants will receive five (5) entries for uploading additional photographs/videos to an existing Resolution (regardless of the number of additional photographs/videos added to that Resolution), and can do so for each Resolution they upload (for a maximum of twenty five (25) Draw entries, subject to the limit of fifty (50) Draw entries in total per person). Entries will be awarded into the Draw corresponding to when the additional photographs/videos were added to each Resolution.
- Refer Friends: entrants can invite up to ten (10) friends to enter the promotion by providing each friend’s full name and unique/valid email address. Each validly referred friend will then receive a promotional email from the entrant inviting them to enter. Entrants agree and warrant that: (a) they can only refer individuals who are an Australian residents aged 13 years or over and who consent to receiving these types of emails from them; and (b) the friend’s name and unique email address provided is valid. Entrants can only nominate friends, family, colleagues and other individuals who they have a direct relationship with, and who consent to receiving these types of messages.
Entrants will receive five (5) entries for each valid friend they refer to the promotion (for a maximum of fifty (50) entries, subject to the limit of fifty (50) Draw entries in total per person). Entries will be awarded into the Draw corresponding to when each friend was referred.
- Nominate a Resolution Supporter: entrants can nominate one (1) person who will act as their support system in achieving one (1) or more of their Resolutions by inputting that person’s full name and valid/unique email address ("Supporter"). The Supporter will then receive a promotional email from the entrant. Entrants can only nominate one (1) Supporter. Entrants agree and warrant that: (a) their Supporter is an Australian resident aged 13 years or over and who has consented to receiving these types of emails from them; and (b) the Supporter’s name and unique email address provided is valid. Entrants can only nominate friends, family, colleagues and other individuals who they have a direct relationship with, and who consent to receiving these types of messages.
Entrants will receive one (1) entry for nominating a Supporter (for a maximum of one (1) entry, subject to the limit of fifty (50) Draw entries in total per person). The entry will be awarded into the Draw corresponding to when the Supporter was nominated.
- Incomplete or indecipherable entries will be deemed invalid.
- Multiple entries permitted, subject to the following: (a) only one (1) Registration permitted per person; (b) a maximum of one (1) Opt In entry permitted per person; (c) a maximum of ten (10) referred friends permitted per person; (d) a maximum of one (1) entry permitted for nominating a Supporter; (e) a maximum of fifty (50) Draw entries permitted in total per person; (f) only one (1) entry into the Major Prize Component per Resolution submitted; and (g) each entry must be submitted or obtained in accordance with entry requirements.
Draw Component (Game of Chance)
- This component of the promotion is a game of chance and skill plays no part in determining the Draw winners.
- There will be thirty (30) draws conducted for the entries received during the Promotional Period (each a “Draw”). Entries open on 23/11/2015 and close for each Draw at 11:59pm each day between 01/01/2016 and 30/01/2016. Non-winning entries in each Draw will be rolled over/entered into any subsequent Draw(s). All Draws will take place at Accelerate Creative Strategies, Level 40, 100 Miller Street, North Sydney, NSW 2060 at 3:00pm on the next business day after entries close for that Draw, with the first Draw taking place on 04/01/2016 and the last Draw taking place on 01/02/2016. The Promoter may draw additional reserve entries in each Draw and record them in order in case an invalid entry or ineligible entrant is drawn. All times indicated are in AEST/AEDST, as applicable in VIC.
- Winners will be notified by telephone and email within two (2) business days of the relevant Draw and , following validation, their names (for prizes over $250) will be published on the Website from 10/02/2016.
- If any prize remains unclaimed by 2:00pm AEST on 02/05/2016, a re-draw will take place at 3:00pm AEST on 02/05/2016 at the same place as the original Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the re-draw and, following validation, their names (for prizes over $250) will be published on the Website from 12/05/2016.
- The first valid entry drawn in each of Draws 1, 4, 7, 10, 13, 16, 19, 22, 25 and 28 will each win a HTC One M9 handset, valued at $799.
- The first valid entry drawn in each of Draws 2, 5, 8, 11, 14, 17, 20, 23, 26 and 29 will each win a HTC RE Camera, valued at $249.
- The first valid entry drawn in each of Draws 3, 6, 9, 12, 15, 18, 21, 24, 27 and 30 will each win a $250 Red Balloon Voucher.
- Any ancillary costs associated with redeeming the gift voucher are not included. Any unused balance of the gift voucher will not be awarded as cash. Redemption of the gift voucher is subject to any terms and conditions of the issuer including those specified on the gift voucher.
- HTC One M9 handset prize includes the handset only. Winners will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.
Major Prize Component (Game of Skill)
- This component of the promotion is a game of skill and chance plays no part in determining the Minor Prize winner.
- All Resolutions received during the Promotional Period will be individually judged against each other by the Promoter based on the originality and creative merit of the Resolution submitted. The judging will take place at the Promoter’s office from 15/02/2016. The judges may select additional reserve Resolutions which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
- The winners will be notified by telephone and email and their names will be published on the Website from 19/02/2016.
- The best five (5) valid entries, as determined by the Promoter, will win $5,000 towards their ultimate ‘One Day...” resolution experience (“Major Prize”). The Promoter will endeavour to organise the winner’s nominated experience within the allocated budget (i.e. $5,000). The winner may provide further details and request for the Promoter to organise the winner’s dream experience. For example: if the winner’s ultimate resolution experience would be to travel overseas, the Promoter will endeavour to organise flights, accommodation and activities for the winner (to the extent of the allocated budget); if the winner’s ultimate resolution experience would be to make a donation to a charity, the Promoter will endeavour to make a donation to the winner’s chosen charity in their name (to the extent of the allocated budget), etc. In the event the winner’s ultimate resolution experience is more than $5,000, the Promoter, at its discretion, may offer the winner with a $5,000 cheque (made payable in the winner’s name) or will organise the winner’s experience but the winner will be responsible for paying the difference. In the event the winner’s ultimate resolution experience is less than $5,000, any remaining value will be awarded in the form of a cheque made payable in the winner’s name.
- The winner agrees and acknowledges that organising the winner’s experience does not form part of the Major Prize and the Promoter is not obliged to fulfil the winner’s ultimate resolution experience in the event it cannot do so. In the event that the Promoter and the winner cannot come into an agreement in relation to organising the winner’s dream experience by 20/10/2016, the Promoter reserves the right, in its sole discretion, to award the winner with a $5,000 cheque made payable in the winner’s name as the Major Prize.
- As a condition of accepting the Major Prize, the Major Prize winner agrees to participate in any interviews, photo shoots, or other media events as required by the Promoter.
- If for any reason the Major Prize winner does not take/redeem the Major Prize within two (2) months of winner notification and publication, then the Major Prize will be forfeited and the Promoter reserves the right to distribute the Major Prize to the next best ranking entry, as determined by the Promoter in its sole discretion. That entrant will be notified in writing.
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- The Promoter’s decision is final and no correspondence will be entered into.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
- If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Total prize pool value for the Draw Prize Component (game of chance) is $12,980.
- Total prize pool value of the Major Prize Component (game of skill) is $25,000.
- Prizes are not transferable, assignable or exchangeable and cannot be taken as cash, unless otherwise specified.
- Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Resolution descriptions, photographs and videos (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- the Content is the original work of the entrant that does not infringe the rights of any third party;
- they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
- As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion.
- 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) taking/use of and/or participation in a prize.
- As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid.
- Entry via Facebook and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
- The promoter is HTC (Australia and New Zealand) Pty Ltd (ABN 26 127 273 125) of Suite 1104, Level 11, 100 Miller Street, North Sydney, NSW 2060, telephone (02) 9929 9887
NSW Permit No. LTPS/15/09072
ACT Permit No. TP15/08156
SA Permit No. T15/2083
Take Down Policy
HTC does not pre-screen or moderate the submission of materials to the promotional ('OneDay') website. The views expressed by entrants are not endorsed, nor do they necessarily reflect those of HTC.
In submitting material to the promotion, you accept responsibility for the content and its consequences. As a condition of use, you warrant and agree that the material posted:
- Is not obscene, defamatory, offensive, invasive or libellous.
- Does not promote hate speech or directly target any individual, group or community.
- Does not constitute or promote illegal activity that may amount to criminal conduct or a civil breach.
- Does not infringe the rights of any third party; including any copyright, patent, trademark, trade secret or any other intellectual, proprietary or privacy right.
- Does not contain software viruses or the like, that may impact the operation of this site.
- Is not commercial in nature; designed to promote any goods or services.
Breach of these conditions may result in the removal your content without notice. If you are concerned that
material on the website breaches any of the above conditions, please complete the following take down notice.