MIBT “TRADIE OF THE YEAR 2017” PROMOTION

TERMS AND CONDITIONS

ENTRY INSTRUCTIONS
1. Entry is only open to Australian residents aged 18 years or over who are employed in a building trade.
2. To enter, you must complete the following steps during the Entry Period:
a) Go to Facebook and search for Tradie of the Year page.
b) Click on the ENTER HERE NOW or SIGN UP links on the Tradie of the Year page, then describe in a couple of paragraphs (150 words or less), the special credentials you possess, that qualifies you to be awarded the title of MIBT Tradie of the Year.
c) Upload an original and creative photo that depicts your outstanding tradie credentials as described in your post.
3. Entry opens on Monday 09/10/2017 and final entries close at 11:59pm AEST on Wednesday 31/01/2018 (“Entry Period”).
4. Only one (1) Entry permitted per person.
5. Employees (and their immediate families) of the Promoter, sponsors 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.
6. This is a game of skill and chance plays no part in determining the Finalists, Runners-Up or Winner. The judging criteria is, quality, originality, authenticity and engagement.
7. Entrants may create their own category for their tradie credentials, for example, it may be may be anything from a quality example of trade-based skills, to simply presenting the best tradie outfit, dog, work shed, or trade vehicle. If it would impress your mates or any builder, it might just impress the judges.
8. Each entrant warrants to the Promoter that each Photo and Description (together an “Entry”) submitted is an original creative work of the entrant that does not infringe on the rights of any third party. The content featured in each Entry must comply with the provisions contained in clause 29.
9. All Entries will be reviewed by the Promoter for compliance with these Terms and Conditions. Entries that contain prohibited or inappropriate content, or are otherwise incomplete or indecipherable, as determined solely by the Promoter, will be ineligible and will be removed.
10. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering and participating, entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).

Determination of the first and secondary prize winners:
11. During the promotion, the Promoter will monitor and review all entries. The Promoter will then judge all Entries against each other, based on:
(a) quality of the Entrants credentials to be Tradie of the Year, as per the post submitted,
(b) originality of the entry image, concept or idea,
(c) authenticity of the image/content submitted, and
(d) engagement, how much the audience enjoyed or liked the entry.
12. Entries close Wednesday 31st January 2018. Judges will then select the top ten (10) entries as finalist positions. Finalists will be selected Thursday 1st February 2018 and will be announced on the Tradie of the Year Facebook page and advised (where possible) via Facebook Messenger.
13. Finalists will be hosted by the Promotor with two (2) free tickets to the Tradie of the Year award presentation event sponsored by the Australasian Association of Builders, to be held in Sydney on Friday 9th February 2018 at a venue to be determine by the promoter.
14. The winner of the major prize and other secondary prizes will be determined by the Promoter and announced by MIBT Training Ambassador, Rob Palmer at that event and will be posted on the Tradie of the Year Facebook on the night.
15. Finalists that live outside of the Sydney region, will receive one return airfare and one night’s accommodation paid by the Promotor, to enable the Finalist to attend the award night in person. If a Finalist is unable to attend the award presentation, they will still be eligible for all prize categories, but the travel arrangements and tickets to the awards presentation may not be transferred to any other party.

Prize Pool

16. The best valid Finalist Entry, as determined by the judges, will be the winner (“Winner”), and will be granted the title of “Tradie of the Year” for 2017 and will be awarded a luxury holiday for two in Bali for ten (10) days, including airfares, accommodation and a personal driver for transfers and localised travel while in Bali. The sponsor of the winners’ prize is Masters in Building Training.
17. Three supplementary prizes of $500.00 vouchers each for a leading trade hardware retailer will be awarded to secondary prize winning entries. The sponsor of the supplementary prizes is yet to be announced on the Tradie of the Year Facebook page.
18. The total prize value is $10,000. Additional insurances, travel options, and all other ancillary costs are the responsibility of the Winner/s.
19. The Winner of the major prize must complete their Bali trip before 30th June 2018. It is a condition of accepting the prize that the Winner/s may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
20. The secondary prize winners will have twelve months to use their voucher. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the Voucher.

General

21. Information on how to enter, vote and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. The Promoter reserves the right, at any time, to verify the validity of entries/votes and entrants/voters (including an entrant’s/voter’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/voting 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.
24. If there is a dispute as to the identity of an entrant/voter, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant/voter.
25. If for any reason a Runner-Up/Winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
26. 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.
27. Total prize pool value is AU$10,000.00
28. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
29. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photos and Descriptions (“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:
(a) 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their post or photo Content;
(d) the Photo submitted is the original work of the entrant;
(e) 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;
(f) 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
(g) 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.
30. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
31. 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.
32. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Winner or Runner-Up (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 or other sponsor of the Tradie of the Year program.
33. As a condition of accepting the prize, the Winner agrees to provide the Promoter with photographs of themself with and/or using or otherwise enjoying the prize (e.g. the Winner on their holiday in Bali, or the supplementary Winners using the prize/s purchased with the retail vouchers whilst working).
34. Each Finalist and Winner licences and grants the Promoter, the program sponsors, 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 Photographs for any purpose, including but not limited to publication on the Promoter’s Facebook Page, future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Each Finalist and Winner warrants to the Promoter that the Photographs to be provided will be their original work and not infringe the rights of any third party, or that he/she will obtain full prior consent from any person who has jointly created or has any rights in the Photographs to the uses contemplated by these Terms and Conditions, and the Photographs do not infringe the rights of any third party. The Finalists and Winners consent to any use of the Winner Photographs, which may otherwise infringe the creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights. The Finalists and Winners agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty.
35. 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/voter; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
36. Any cost associated with accessing Facebook or any links to any associated promotional website is the entrant’s/voter’s responsibility and is dependent on the Internet service provider used.
37. 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.
38. 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, Runner-Up, or entrant or voter; or (f) taking/use of a prize.
39. The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that entrant invalid.
40. The Promoter may collect an Entrant’s 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 and prize suppliers. 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 https://www.mibt.edu.au/privacy-policy/. 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 entrants may opt out, access, update or correct their PI, how 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.
41. The Promoter may also disclose PI to any Tradie of the Year sponsors for the purposes of carrying out marketing, planning, product development and direct mail, telemarketing and promotional campaigns and for publicity, research and profiling purposes unless a entrant otherwise withdraws their consent to the use of their information in this manner.
42. The promoter is MASTERS in BUILDING TRAINING (A.B.N. 13 161 368 029) National provider number: 40666 of 3 Garnet Street Rockdale NSW 2216 (“Promoter”).