“BIC PROHANDWRITER BACK TO SCHOOL SCHOLARSHIP” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to Australian and New Zealand residents aged between 5 and 13 at the time of entry. Parents or guardians must enter their child/s or ward/s Entry (as defined below), on their behalf, and by doing this, accept these Terms and Conditions. If authorised by the parent or guardian a teacher may also submit an Entry (as defined below) on the child/ward’s behalf, provided the parent or guardian accept these Terms and Conditions.
  1. 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.
  1. Promotion commences 12:01am AEDST on 1/01/2018 and closes at 11:59pm AEDST on 30/03/2018 (“Promotional Period”).
  1. To enter, parents/guardians/teachers (on behalf of the child/ward) must undertake the following steps, with the child/ward, during the Promotional Period:
    1. children aged between 5 and 7 must write on a piece of paper what they want to be when they grow up along with a picture and children aged between 8 and 13 must write one (1) short sentence on a piece of paper detailing what they want to be when they grow up and why (each will be collectively referred to as the “Entry”).
    2. The parent, guardian or teacher must then take a photo of the child’s/ward’s Entry; and then
    3. Visit bicbrightfutures.com (“Website”), follow the prompts to the competition entry page, input the requested details including the details of their child/ward (name and date of birth) and then upload their Entry by no

Uploaded files must be submitted in JPEG or PNG format and must not exceed 2MB file size.

  1. 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 processor 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.
  1. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  1. Multiple entries permitted, subject to the following: (a) only one (1) Entry is permitted per child/ward per day based on Sydney local time; and (b) each Entry must be substantially unique and submitted separately and in accordance with entry requirements.
  1. 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.
  1. The draw will take place at Anisimoff Legal, Suite 5/210 Central Coast Highway, Erina NSW 2250 on 05/04/2018 at 12:00pm (noon) AEST. All entries will be divided into States and/or regions: New South Wales, Australian Capital Territory, Victoria, Tasmania, South Australia, Western Australia, Northern Territory, Queensland, South Island New Zealand and North Island New Zealand (“State Group”).
  1. The first valid Entry drawn for each State Group will win the prize of AUD$1,800 to help towards the winning entrant’s tuition and a BIC pack containing AUD$200 worth of BIC products. The cash component of the prize will be made out in the form of a cheque made out to the parent or guardian.
  1. The parent or guardian of the winners will be notified in writing by email within two (2) business days of the draw. The winner’s names will be published at the Website on 19/04/2018.
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. If for any reason a winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  1. Total prize pool value is AUD$2,000 in each State Group.
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  1. A draw for any unclaimed prize may take place on 5/07/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing by email within two (2) business days of the draw and their names will be published on the Website on 12/07/2018.
  1. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“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:
    1. 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;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
    5. 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
    6. 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.

  1. 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.
  1. 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.
  1. 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.
  1. Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  1. 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.
  1. 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) the prize.
  1. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian and NZ regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://bicbrightfutures.com/.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how Australian entrants may opt out, access, update or correct their PI, how Australian entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia.
  1. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
  1. The Promoter is BIC Australia Pty. Ltd. (ABN 88 004 304 830) of Level 4, 574 St Kilda Road, Melbourne, Victoria 3004. Telephone +61 (0) 3 9533 3500.

NSW Permit No. LTPS/17/ 16524. SA Permit No. T17/ 1427