Terms and Conditions of Entry for the The Best Jobs in the World (Promotion)

Terms and Conditions of Entry for the "The Best Jobs in the World" (Promotion)

1. These terms and conditions of entry, including information on how to participate and job details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.

2. Entry into the Promotion is also deemed as acceptance of the Promoter's Website Terms and Conditions, which can be viewed at http://www.australia.com/terms_conditions.aspx. To the extent that there is any inconsistency between these Terms and the Promoter's Website Terms and Conditions, these Terms shall prevail.

3. The Promoter is Tourism Australia (ABN 99 657 548 712) of Level 29, 420 George Street Sydney, NSW, 2000, Australia (Promoter).

4. Partners to this Promotion are Destination New South Wales, South Australia Tourism Commission, Tourism Northern Territory, Tourism and Events Queensland, Tourism Victoria, Tourism Western Australia, Virgin Australia, STA Travel, Monster, Dell, Ikea, Sony Music and Citibank (Partners).

5. The Promotion will be open from 6pm Australian Eastern Daylight Saving Time (AEDST) on 4th March 2013 until 9pm Australian Eastern Standard Time (AEST) on 10th April 2013 (Promotion Period). Entrants will need to work out their local start and close dates and times based on the time zone in their location.

6. Entry into the Promotion gives Eligible Entrants the chance to win one of 6 employment opportunities, one in each of the following states: NSW, NT, QLD, SA, VIC and WA (the Jobs).

7. Entry in the Promotion is open to individuals aged 18 years and over as of 4th March 2013, who are able to obtain an appropriate visa that will allow them to work in Australia excluding:

(a) management, employees, directors and contractors of the Promoter, its related entities and other agencies, firms or companies associated with the Promotion (including suppliers of jobs); and

(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 7(a) of these Terms,

(Eligible Entrants).

For visa information visit www.immi.gov.au/skilled or www.immi.gov.au/visawizard/

HOW TO ENTER

8. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period complete the following two stages:

Stage 1.

Eligible Entrants must:

(a) Visit bestjobs.australia.com and fill out all necessary details on the entry form, including specifying which of the 6 jobs they are applying for, so that the Eligible Entrant can be added to the database; and

(b) if they are entering via the Facebook app, the Eligible Entrant must then 'allow' the "Best Jobs" app on Facebook and download it to their Facebook page (if entrants do not have access to Facebook they can enter the Promotion at bestjobs.australia.com and simply create a username and password)

Eligible Entrants will then receive an email confirming acknowledgement of their expression of interest and instructions on how to upload a video.

Stage 2:

Eligible Entrants must:

(a) create a 30 second or less application video in English, explaining why they are the best person for the job;

(b) ensure that the video complies with the following format requirements:

i. a max file size of 200MB

ii. in one of the following file types

1. Mp4

2. avi

3. wmv

4. mov

(c) upload their video as promoted on either the Facebook app or via bestjobs.australia.com and

(d) comply with the conditions set out in paragraphs 10 and 11 of these Terms.

(e) After the video upload is complete and so long as Eligible Entrants adhere to these Terms, the entry is then eligible for the nominated 'Best Job' (an Eligible Entry).

9. Any entries that do not comply with the conditions set out in paragraphs 10, 11 and 12 of the Terms will not be an Eligible Entry.

ENTRY TERMS

10. An entry must not contain, as determined by the Promoter in its sole discretion, any content that:

(a) is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, is profane or pornographic, or contains nudity, profanity or obscenity;

(b) promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;

(c) promotes hunting or gambling, or cruelty to animals or humans;

(d) promotes the irresponsible use of alcohol, or is obscene, offensive, inappropriate, or endorses any form of hate or hate group;

(e) contains a video that has already been submitted by the entrant in another entry or otherwise appears to duplicate any other submitted entries, as determined in the Promoter's sole discretion;

(f) defames, misrepresents or contains disparaging remarks about other people or companies, or contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

(g) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, or overt company or product branding (including URLs or phone numbers), even with permission;

(h) is a mash up of images or contains copyrighted materials (including music) owned by others (including photographs, sculptures, paintings, and other works of art or images, television, movies or other media), without permission (should entrants wish to include any music in their video that is not their own original composition, they must ensure that they have the necessary copyright permissions);

(i) contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, or contains look-alikes of celebrities or other public or private figures, living or dead;

(j) is culturally inappropriate, demeaning or derogatory to Aboriginal and Torres Strait Islander peoples (for further guidance on whether material is culturally appropriate, please refer to the Australia Council publication entitled "Protocols for producing Indigenous Australian visual arts" or contact the Australia Council on [phone]);

(k) communicates messages or images inconsistent with the positive images and/or goodwill the Promoter wishes to associate; and/or

(l) violates any law or infringes the rights of any person, corporation or entity.

11. If an entry contains images of an alcoholic beverage, including the consumption of an alcoholic beverage, entries must present a mature, balanced and responsible approach to the consumption of alcoholic beverages, and therefore must not encourage excessive consumption or abuse of alcohol and must not encourage under-age drinking. For further guidance on what is acceptable for images containing alcoholic beverages please refer to the Alcohol Beverages Advertising Code available from www.abac.org.au. Whether or not an entry complies with this paragraph 11 shall be determined by the Promoter in its sole discretion.

12. By entering the Promotion, Eligible Entrants represent and warrant that:

(a) their entry is original and they own the entry and have the right to assign or license copyright and any other intellectual property rights in the entry to the Promoter on the terms of these Terms;

(b) their entry does not, and the Promoter's use of the entry on these Terms will not, violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;

(c) their entry does not contain content that is, or their conduct in creating the content was not, illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing to any person, in breach of any confidence, defamatory, libellous, offensive or objectionable;

(d) if the entry in any way includes third parties, including Aboriginal and Torres Strait Islander peoples, or third party property, they have obtained the required consents and releases from those third parties and/or Aboriginal and Torres Strait Islander peoples (or third party property owners) to include them in their entry(for further guidance, please refer to the Australia Council publication entitled "Protocols for producing Indigenous Australian visual arts" or contact the Australia Council on [phone] or the relevant Aboriginal Land Council);

(e) if the entry in any way includes images or footage of locations that require permission, permits or releases to be obtained for the commercial use of the image or footage (including images or footage of Aboriginal and Torres Strait Islander sacred sites), they have obtained the required consents and releases from the appropriate owners/authorities (for further guidance, please refer to the Australia Council publication entitled "Protocols for producing Indigenous Australian visual arts" or contact the Australia Council on [phone] or the relevant Aboriginal Land Council); and

(f) if the entry in any way includes third parties under the age of 18 years, they have obtained the required consents and releases from the parents or legal guardians (as applicable) of those third parties or the third party property owners to include them in their entry.

13. For non-winning entries: By entering the Promotion, Eligible Entrants grant Tourism Australia and Partners a non-exclusive, worldwide, royalty-free, non-transferable licence to use, reproduce, publish, store, and communicate to the public the entry (or the video that forms part of the entry) on Tourism Australia and Partner owned and operated websites and Tourism Australia's and Partner's social media sites for a period of 5 years from the start date of the Promotion. Should the Promoter wish to use an entry in any other way (for example, in mediums other than online; for a period beyond the licence term; or to sub-licence the image to a third party), the Promoter will contact the entrant and negotiate licence terms and appropriate compensation (if appropriate, depending on the nature of the use and as determined in the Promoter's sole discretion) on a case-by-case basis. Eligible Entrants acknowledge and agree that the licence granted to the Promoter and Partners includes the right to edit or translate any text that forms part of the entry and that their video and translated text may be used on Tourism Australia and Partner owned and operated websites (including local versions of these websites overseas) and Tourism Australia's and Partners' social media sites for a period of 5 years from the start date of the Promotion. Entrants also acknowledge and agree that the video component of their entry may be retouched to make the video suitable for display in a particular media (which would only be for display on the Promoter's or Partner's websites or social media sites in the case of non-winning entries). The Promoter will at all times ensure any modifications or edits to any part of the entry are minimal and maintain the original essence of the entry. Entries will be credited as per paragraph 15.

14. For winning entries: By entering the Promotion and accepting a Job, winners grant Tourism Australia and Partners a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable licence (with a right to sub-license) to use, reproduce, publish, store, modify, adapt, create derivative works from, broadcast and communicate to the public the entry (or the video that forms part of the entry) in all media. Winners acknowledge that their entry may be used by the Promoter, Partners, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them. Winners acknowledge and agree that the Promoter may edit or translate any text that forms part of the entry and that their video and translated text may be used in all media in perpetuity. Winners also acknowledge and agree that the video component of their entry may be retouched to make the video suitable for display in a particular media. The Promoter will at all times ensure any modifications or edits to any part of the entry are minimal and maintain the original essence of the entry. Entries will be credited as per paragraph 15.

15. The Promoter intends to credit all entries (whether winning entries or non-winning entries) displayed in any media (either on the Promoter's websites or social media sites for non-winning entries or in any media for winning entries) with the Eligible Entrant's full name (e.g. John Smith) and country of residence on websites, and the Entrant's full name (e.g. John Smith) or first initial and last name (eg J. Smith) and country of residence on other media. If the Promoter wishes to amend or adapt an entry or do anything that would infringe the moral rights of an Entrant (apart from the edits / translation of the text or retouching of the videos as outlined in Clauses 13 and 14), it will seek consent from the Eligible Entrant to do so on a case-by-case basis. Eligible Entrants acknowledge that:

(a) entries may be reviewed by the Promoter to ensure that they comply with the Terms, and consequently whether they are an Eligible Entry or not, which will be decided in the Promoter's sole discretion;

(b) if the entry is deemed to be an Eligible Entry, the Promoter will send the Eligible Entrant an email confirming that their entry has been accepted and will be judged;

(c) the Promoter may notify entrants if their entry is invalid or rejected because it does not comply with these Terms, but is under no obligation to do so;

(d) the Promoter intends to post all shortlisted Eligible Entries on the website located at bestjobs.australia.com, however the Promoter is under no obligation to post Eligible Entries to that website and makes no representation and provides no guarantee as to when Eligible Entries may be posted to that website; and

(e) the Promoter has the right to use winning entries in any media or in any way it sees fit.

GIVEAWAY

16. Sony will grant all Eligible Entrants who upload a video to the site and are confirmed as a valid entry, one (1) download of the music Track 'Tonight Alive - Let it Land'. Eligible Entrants will receive the Giveaway in the form of a link sent to the entrant via email upon receipt of their video application. Eligible Entrants will be able to redeem the Giveaway by visiting the URL set out in the email and following the prompts. Each Eligible Entrant will receive a Giveaway. For the avoidance of any doubt, if an entrant enters the Promotion multiple times, they will only receive one Giveaway. Giveaways are subject to the terms and conditions available at http://www.sonymusic.com.au/tonightalivedownload.

JUDGING AND JOBS

17. This Promotion is a game of skill and chance plays no part.

18. There will be four (4) stages of judging:

(1) Eligible Entries received during the Promotion will first be judged by a panel of representatives of the Promoter in accordance with the criteria set out in clause 8 between4th March 2013 and 10th April 2013.

a. All videos will be tested for quality assurance and those with poor sound and vision quality, incomplete or inaccurate application form will not eligible to win.

b. All applicants will receive email notification from Tourism Australia upon receipt of the application video.

c. Applicants being considered for short listing may be contacted between 11th April 2013 and 23rd April 2013 to undergo background checks.

d. The panel will then select a shortlist of up to 150 Eligible Entries made up of up to 25 entries per Job. These shortlisted applicants will be notified by email that they have progressed to the next stage of the Promotion.

e. From 24th April 2013 the 150 short-listed applicants' video entries will be displayed on bestjobs.australia.com

(2) These 150 shortlisted Eligible Entries will then be judged by a panel of representatives from Tourism Australia as well as the relevant State and Territory Tourism Organisations (who may or may not be employees of the State and Territory tourist offices) and their representatives in international markets along with media partners in accordance with the criteria set out between 24th April 2013 and 14th May 2013. The 150 shortlisted applicants will also be required to carry out a challenge in market where each of them must find a high-profile referee to support why they should get the job and submit this as directed by Tourism Australia.

a. These top 150 short-listed applicants may be required to submit additional information to support their application including, but not limited to:

i. History of previous Australia visas

ii. Police background check

iii. Relevant medical history

(3) From the top 150 short-listed applications the judging panel will select 18 finalists for the final interview event. These 18 finalists will be notified by email that they have progressed to this next round.

a. Details of the 18 finalists will be displayed on bestjobs.australia.com on 15th May 2013.

b. These applicants must meet the following eligibility requirements: identification verification, health checks, police checks, visa eligibility, psychometric assessment and assessment of written English.

c. Entrants must also be willing to participate in a formal interview and various activities during the interview process. Activities may include team challenges, physical, skill based and aptitude tests. All finalists must be willing to participate in these activities.

(4) These 18 finalists will then be invited to attend the final interview event which will be held between 15th June 2013 - 21st June 2013. Further details on the interview event are outlined in the following section.

INTERVIEW EVENT

19. From 15th June 2013 to 21st June 2013 the 18 finalists will participate in an extensive interview selection process which will be held in Australia.

20. If shortlisted by Tourism Australia for an interview, finalists must be willing and able to travel to Australia for approximately 2 weeks to be interviewed at a time as scheduled by Tourism Australia for the final selection process.

21. In order to participate in the Interview Event, the finalists may be required to provide a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and acceptance.

22. Finalists must also submit to physical and psychological examinations by selected medical professionals and meet all physical and psychological requirements should they be selected for the shortlist. They must be of good moral character and not be under the influence of any medication, drugs or other substance which may impair their ability to undertake their employment responsibilities. By submitting an Eligible Entry, Eligible Entrants authorize Tourism Australia to conduct civil, criminal, financial, driver-history and other background checks deemed necessary or desirable by Tourism Australia.

23. Economy air travel (return to and from the interview destination and the airport in the Entrants' closest capital city) and hotel accommodation (in Australia) will be arranged and paid for by Tourism Australia. Tourism Australia will also provide all finalists with comprehensive travel insurance prior to attending interviews.

24. Visa applications and associated costs will be undertaken by Tourism Australia or its nominated agents for each of the 18 finalists. Finalists are responsible for arranging their own passports and any associated costs.

25. The finalists will behave in an appropriate and professional manner as befitting their potential representation of Tourism Australia and the respective State and Territory Organisations.

26. Any inappropriate, illegal or immoral behaviour on the part of the finalists will result in immediate exclusion from the selection process.

27. Tourism Australia will announce the appointment of the 6 winners at a media function on the evening of 21st June 2013 and details will be displayed on bestjobs.australia.com

CRITERIA FOR SELECTION

28. Shortlisted candidates and finalists will be selected based on a fair and equitable process. This includes but is not limited to:

a) the content, creativity and originality of the Entrant's video entry;

b) technical proficiency as shown in the video (good sound and vision quality);

c) English language proficiency;

d) personal presentation;

e) the motivation of the Entrant;

f) support, content and observations of the Entrant from a referee;

g) how the Entrant performed in the interview, should they reach that stage;

h) the overall merits of each candidate.

EMPLOYMENT

29. The 6 winners may be required to extend an additional number of days following the interview event to undertake their first official duties.

30. Between 21st June 2013 and 30 June 2014 working visa details will be finalised.

31. The visa application and associated costs will be undertaken by Tourism Australia or its nominated agents.

32. The winners will be required to enter into an employment agreement including but not limited to the following conditions. All winners must confirm their acceptance of these conditions.

33. The winners must be available for a 6 month employment period from 1st Aug 2013 to 30th June 2014, although employment may not be for one continuous 6 month period. However if unforeseen circumstances arise they may resign from the employment contract by giving [one week's] notice, in which case the salary will be paid pro rata up until employment ceases. It is an employment requirement that the winners are to reside in the State or Territory relating to their job for the extent of their employment under this contract.

34. The winners will be responsible for making any necessary arrangements with their employer and family in anticipation of an extended absence from home.

35. Employment responsibilities will include but may not be limited to the following: (those who are chosen as the 18 finalists will receive a more detailed job description during the interview process in June)

a) NSW:

i. Chief Funster

This winner will be based in Sydney, travelling the state as the social media commentator for NSW, appearing at major tourism launches, PR events and industry functions.

They will assist in the promotion of events all over the state which might include food festivals, lifestyle, sports, cultural, entertainment and arts events and work behind the scenes of Sydney Festival, Mardi Gras and Vivid Festival, including the New Year's Eve fireworks on Sydney Harbour.

b) NT:

i. Outback Adventurer

This winner will experience the wide-open spaces of the Northern Territory, Australia.

This might include getting up close and personal with the wildlife, sleeping under the stars in a bush camp, soaring across postcard-worthy landscapes in a hot air balloon, immersing themselves in indigenous culture, tasting traditional bushfoods and gazing upon breathtaking sunsets at Uluru.

As an Outback Adventurer, it will be the winner's job to uncover the best adventures, experiences and jobs for working holiday makers across the Northern Territory - Australia's Outback.

c) QLD:

i. Park Ranger

The QLD winner will be responsible for protecting and promoting Australian native plants and animals, rainforest walks, spectacular waterfalls, untouched beaches, dinosaur fossils, indigenous culture and marine life.

d) SA:

i. Wildlife Caretaker

The SA winner will be responsible for the care and wellbeing of Kangaroo Island in South Australia.

The applicant will have a deep kinship for native wildlife, nurturing the unspoilt landscape and breathtaking ecosystem with their knowledge and passion. This might include talking to wallabies, cuddling koalas, sunbaking with seals, feeding echidnas and mother penguins, all while keeping visitors informed about this remarkable island.

e) Melbourne:

i. Lifestyle Photographer

This winner will work in Melbourne, with Time Out magazine, one of the world's leading multichannel media companies, and put their skills of photography, filming and writing towards documenting Victoria's diverse experiences and unique lifestyle.

It will be the applicant's job to capture the essence of Melbourne's laneways, cool cafes, hidden rooftop bars, hot air ballooning, major festivals and music events. They'll also have to explore life beyond the city, which might include surfing along the Great Ocean Road, skiing at Mt Hotham, abseiling Mt Arapiles, researching little penguins at Phillip Island and winemaking at a leading winery.

f) WA:

i. Taste Master

Western Australian is known for its fresh produce, gourmet cuisine, world-class vineyards and quality micro-breweries.

This winner will be responsible for promoting the extraordinary produce from across Western Australia. This may include touring restaurants, wineries, breweries, pubs and lobster eateries, while also heading off the beaten path to catch some of the freshest seafood on the undiscovered coastline. They may also master the art of wine and beer making along with discovering finest indigenous delicacies.

36. During the employment period, the winners must act responsibly and demonstrate good moral character.

37. Should these requirements not be met, or if a winner engages in any other form of misconduct or any other conduct which potentially brings Tourism Australia into disrepute, Tourism Australia and the State and Territory Organisations shall be entitled to terminate the employment agreement at its absolute discretion by giving one week's notice or pay in lieu of notice. In the event of serious misconduct, the employment may be terminated immediately.

38. The winners must be willing and able to participate in the various tourist activities available in their respective State or Territory.

39. The gross wage for each Job is AUD$50,000 for the 6 month period and is inclusive of superannuation and an amount of applicable income tax will be withheld. The wage will be paid on a fortnightly basis during the period of employment. The winner will also receive further allowances and benefits (such as housing, phone, internet) to the value of AUD$50,000.

40. In addition to the above prize money and benefits, each of the 6 winners will also receive a laptop supplied by Dell to the value of AUD $1,599 each (RRP including GST).

41. Accommodation will be provided by each State and Territory Tourism Organisation during the period of employment as part of the additional $50 000 in benefits. However, the winners will be responsible for all other living expenses, including the cost of all meals, beverages, utilities such as water, electricity, telephone and personal items. Each winner will reside in the State or Territory for which they win the Job. Travel relating to their employment will be coordinated by the relevant State or Territory organisation.

42. The winners, as a representative of Tourism Australia and the State and Territory Tourism Organisations, must act in an appropriate and professional manner and not engage in any activity or undertaking which brings disrepute or cause damage of reputation to Tourism Australia and any of the State and Territory Tourism Organisations.

43. In the event that family and friends wish to accompany the winner, any associated costs in doing so are entirely at their own expense and all necessary paperwork (e.g. passports, visas, travel insurance) will be the responsibility of the accompanying party.

44. The winners must exercise reasonable skill, care and diligence in the performance of the services in accordance with the standards of Tourism Australia.

45. Tourism Australia will own all intellectual property in reports, diaries, blogs, photos, videos and other material created by the winners in the course of their employment, and as a condition of their employment the winners will be required to provide IP assignments, moral rights consents and other releases.

46. Tourism Australia reserves the right to monitor and edit material produced by the winners in line with its corporate communication and marketing guidelines.

VERIFICATION

47. If requested by the Promoter, the shortlisted applicants must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a job and compliance with these Terms before the Promoter employs the applicant. If the items required by the Promoter are not received or a shortlisted entry has not been verified to the satisfaction of the Promoter within the time period required by the promoter, the shortlisted entry will be invalid. Jobs will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.

GENERAL

48. Entry into the Promotion, involvement in the selection process and the following employment is entirely at the Entrant's own risk. Entrants release Tourism Australia and the State and Territory Organisations, and each of their respective officers, directors, agents, representatives and employees, and all others connected with the selection process and the subsequent employment, from any and all claims, actions, damages, liabilities, losses, costs and expenses, in any way arising out of or in connection with involvement in the, Promotion, selection process and employment, including, without limitation, any and all claims, actions, and liabilities for injury, loss or damage to the Entrant, to anyone else or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or misconduct of Tourism Australia, the State and Territory Tourism Organisations, their nominees or any of their respective officers, directors, agents, representatives or employees, or anyone else connected with the Promotion, selection process and their employment. The Entrant agrees to indemnify Tourism Australia and its nominees and each of their respective officers, directors, agents, representatives and employees, and all others connected with the Promotion and hold them harmless from any and all liabilities, claims, actions, damages, expenses and losses (including, without limitation, legal fees) of any kind or nature whatsoever in any way caused by or arising out of their involvement in the selection process and their employment.

49. Entrants may submit an entry for each Job in the Promotion once only.

50. If an entrant submits an entry more than once for the same Job or otherwise breaches these Terms, the Promoter may block that entrant from submitting any further entries and the entrant will be ineligible for the Jobs.

51. Entrants can only enter the Promotion in their own name.

52. Promoter reserves the right to vary the Promotion Period and any other dates relating to the Promotion, and will post any updates to the website.

53. The Promoter similarly reserves the right to alter or amend any of these Terms and Conditions during the promotion. Any updates or changes will be posted to the website.

54. Some entries may contain Aboriginal and Torres Strait Islander words or names. As these words or names are submitted by the entrant, the Promoter is unable to ensure the correct spelling of Aboriginal and Torres Strait Islander words or names. To ensure the correct spelling of Aboriginal and Torres Strait Islander words or names entrants should refer to http://austlang.aiatsis.gov.au. Further information on Aboriginal and Torres Strait Islander peoples can be viewed at www.aiatsis.gov.au.

55. During the entry process entrants will be asked if they would like to invite friends and family to enter the Promotion. Entrants may only invite people to enter the Promotion who the entrant can infer would consent to receiving an email from them.

56. Jobs are not transferable, exchangeable or redeemable for cash (except where stated otherwise). Jobs must be taken as offered and may not be varied (except where stated otherwise).

57. If the Promoter is unable to provide a winner with a Job, the Promoter reserves the right to supply an alternative job of a similar experience to the original job.

58. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.

59. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, including cancelling, terminating, modifying or suspending the Promotion.

60. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

61. Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.

62. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.

63. All costs associated or arising in connection with the Jobs are the responsibility of the winners. In particular, the following are not included as part of the Jobs (unless specified) and are the responsibility of the winners: transfers to and from the departure airport, laundry services, telephone calls, spending money, extra activities and other ancillary costs not specified in the job descriptions.

64. Taking each Job is subject to the prevailing terms and conditions of the employer and in particular, health, behavior, age and safety requirements. Any part of a Job that is not taken for any reason is forfeited. No compensation will be payable if the winners, or their travel companions, are unable to use any element of the Job as stated for whatever reason, including participation in certain activities for health, behavior or safety reasons.

65. The Promoter encourages winners to enjoy alcohol in moderation and to consider the 'low risk drinking' guideline recommended in the National Health & Medical Research Council Australian Alcohol Guidelines. A full version of the guidelines is available at: http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Participation in the promotion is subject to relevant liquor legislation in each applicable State or Territory, including responsible service of alcohol. Winners are also encouraged to visit the Australian Government's information site for alcohol at www.alcohol.gov.au.

66. By accepting a Job, winners agree and acknowledge:

(a) they may be contacted by the Promoter (or an agent of the Promoter) to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos or recordings of them;

(b) the Promoter may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the Materials) for the Promoter's future promotional and marketing purposes without further reference or compensation to them;

(c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;

(d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive, worldwide and irrevocable licence to use the Materials for whatever purpose it determines;

(e) they unconditionally and irrevocably:

(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Materials; and

(ii) waive all moral rights in the Materials that arise outside Australia for the benefit of Tourism Australia, its licensees and assigns, and anyone authorised by any of them to exercise any rights comprised in the copyright; and

(f) they agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Materials.

67. The:

(a) Promoter, the Promoter's related entities, and all agencies associated with the Promotion; and

(b) the employees, agents, directors and contractors, of all entities referred to in paragraph 67(a).

shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of, or participation in, the Jobs, whether as a result of negligence, a breach of statutory duty or otherwise, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

68. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Jobs.

69. Each entrant acknowledges and agrees that it is a condition of entry to the Promotion that the entrant be capable of agreeing to these Terms and giving the consents contained herein. The winners may also be required to grant IP assignments, moral rights consents (including performers' moral rights) and other consents, restraints and releases as part of their terms of employment.

PRIVACY STATEMENT

70. By entering the Promotion, Entrants consent to Tourism Australia collecting, using, disclosing and storing the personal information an entrant provides in accordance with its general Privacy Policy available at http://www.australia.com/privacypolicy.aspx and the terms set out in this Privacy Statement.

71. If an entrant submits personal information from the European Economic Area (the EEA), by doing so the entrant consents to it being transferred, stored and/or processed outside the EEA.

72. Entrants may only submit an entry to the Promotion on their own behalf.

73. Entrants acknowledge that the personal information requested by Tourism Australia in the application process is reasonably necessary for Tourism Australia to administer the Promotion. This information will include the entrant's name, phone number, email address, address, nationality and date of birth. Entrants who are selected to proceed to subsequent rounds of the application process will be asked a number of questions about themselves, including about their hobbies, lifestyle, professional background and educational history. Tourism Australia may also request sensitive information from entrants, such as their medical history, religion, political opinion, sexual preference or criminal record.

74. Tourism Australia will use and disclose the personal information and sensitive information it collects from entrants to:

(i) administer the Promotion, including assessing entries, conducting interviews and judging the winners;

(ii) employ the winners of the Promotion, including arranging visas and flights;

(iii) create marketing and advertising campaigns featuring the winners of the Promotion;

(iv) send marketing and advertising materials (including by email) to entrants that opt in to receiving such materials on the entry form for the Promotion, which will be sent on an ongoing basis until the individual opts out of receiving the materials;

(v) share the information with its partners for marketing purposes where entrants opt in on the entry form for the Promotion;

(vi) assess the success of the campaign and to plan for future campaigns; and

(vii) for purposes related or ancillary to the purposes set out above.

75. Entrants have the right to ask Tourism Australia not to process their personal information for direct marketing purposes. If an entrant wishes to do so, please set out the request in writing, and forward to Tourism Australia's Manager, Legal & Governance, using the contact details set out at the end of the general Privacy Policy.

© 2013 Tourism Australia

Дата добавления: 2015-11-04