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Warner Music Australia Pty Limited Fastforward “CAN YOU HACK IT” Competition

By entering Warner Music Australia Pty Limited’s (“Warner”) “CAN YOU HACK IT” Competition

  1. STANDARD TERMS

1.1 Information and instructions on “How to Enter” form part of these conditions of entry. By entering the Competition, Entrants accept and agree to be bound by these conditions of entry.

  1. WHO CAN ENTER?

2.1 The only persons who may enter and be awarded the prize are those who are;

a) residents of Australia and Japan; and 

b Entrants from Australia: Are 18 years of age or older;

c) Entrants from Japan: Are 20 years of age or older

d) are not employees of thePromoter or Fastforward or their associated companies, agencies or families.

(“the Entrant”)

3. THE COMPETITION

3.1 The Competition is known as the “CAN YOU HACK IT” Competition.

4. HOW TO ENTER

    1. For Entrants from Australia: The Competition will run between 9 March 2018 at 9.00am (AEST) and 9 April 2018 at 6.00pm (AEST) (“the Australia Competition Period”).
    2. For Entrants from Japan: The Competition will run between 15 March 2018 at 9.00am (AEST) and 9 April 2018 at 6.00pm (AEST) (“the Japan Competition Period”).
    1. The aim of the Competition: to develop a new product that will push and explore the boundaries of artists and their fans, an experience that calls for innovation where creativity and technology collide (“Scope”).
    1. To enter,
  1. Step 1: Log on to the webpage at www.canyouhackit.com.au (“the Website”)  ;
  1. Step 2: Follow the prompts on the Website to register your first name, last name, email address, address, state, postcode, what lead open API you want to use (from the list provided), how you heard about the hackathon, accept the terms and conditions as outlined on the Website,  and whether you will attend Fastforward Sydney 2018.
  1. Step 3: Follow the prompts on the Website to submit your details and receive the email with instructions on requirements of your submission and instructions on how to submit (“the Submission”);
  1. Step 4: Once you are ready to submit your Submission, follow the prompts on Website and submit your first name, last name, email address, company, what API’s you used, a description of  your Submission (in 250 words or less), a link to your hack demo via an unlisted YouTube, Dropbox, Google Drive or Vimeo link and accept the terms and conditions. For entrants from Japan, please also select the box relating to granting consent for the use of your personal information in relation to the Purpose (as defined in clause 9) and Scope as defined in clause 4.3.
    1. Submissions may be any kind of software tool or game, be it for the web, a personal computer, a mobile handheld device, console, or any software platform broadly available to the public.
    1. At any time during the Competition Period a Submission or entry element (as listed in the instructions received via email during the entry process) may be submitted. The Promoter is not responsible for Submissions that the Promoter does not receive for any reason, or for Submissions that the Promoter receive but are not decipherable for any reason. The Promoter will automatically disqualify any incomplete or illegible Submission. 
    1. A Submission may NOT contain, as determined by the Promoter, in the Promoter’s sole and absolute discretion, any content that:
  1. is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic;
  1. promotes alcohol, illegal drugs, tobacco, or any political agenda;
  1. is obscene or offensive;
  1. defames, misrepresents or contains disparaging remarks about other people or companies;
  1. contains content which infringes intellectual property rights of others;
  1. communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law;
  1. contains trademarks, logos or trade dress, without express written consent of the rights holder(s) or a reasonable apparent lawful bias for your use;
  1. contains copyrighted materials owned by others (including photographs, sculptures, paintings, music and other works of art of images published on or in websites, television, movies or other media) either without express consent of the rights holder(s) or a reasonable apparent lawful bias for your use;
  1. contains materials embodying the names, likenesses, voices, or other indicia identifying any person (other than a member of your family or community for whom you have received consent) including, without limitation, celebrities and/or other public or private figures, living or dead either without express written consent of the rights holder(s) or a reasonably apparent lawful basis for your use(s);
  1. contains look-alikes of celebrities or other public or private figures, living or dead either without express written consent of the rights holder(s) or a reasonably apparent lawful basis for your use(s);
  1. contains packaging or building (exteriors/interiors) owned by others;
  1. contains any virus or other harmful software, any harmful, offensive or inappropriate content;

The Promoter reserves the right to investigate and verify, conditionally reject, or reject outright any Submission, in the Promoter’s sole and absolute discretion, that the Promoter determines does not meet the above criteria.

    1. Submissions must a) be original; b) be solely owned by Entrant, who represents that no other party has any rights or interest, whether known or unknown; and c) not violate the Intellectual Property or privacy rights of other parties. The Promoter disclaims any liability for infringements or other violations of intellectual property rights based on claims of ownership by the Entrant or third parties;, by entering the Competition, the Entrant agrees to hold harmless and indemnify the Promoter against any third party claims.
    1. Once a Submission is submitted, the Entrant cannot make any changes or alterations to the Submission until the judging is complete.
    1. Entrants must enter by 6.00pm (AEST) on 9 April 2018 to be eligible to win the prize. The time of entry will in each case be the time the registration is received by the Warner database. No responsibility is accepted for late, incomplete, lost or misdirected entries. 
    1. By entering this Competition, each Entrant agrees that the Promoter may verify the ownership and originality of any Submission and that upon request, each Entrant shall submit a written copy of any release, license or permission the Entrant has received from a third party granting the Entrant the right to use such Submission. The Entrant understands that in the event a Submission is selected as the winning Submission and the Entrant’s ownership rights and the originality of the Entrant’s Submission cannot be verified to the satisfaction of the Promoter or is in any other way ineligible, the Promoter shall select an alternate winner based on the same judging criteria. The Promoter assumes no liability to third parties for false ownership rights claimed by the Entrants.
    1. If after announcing the Winner the Promoter determines that an Entrant has misrepresented, misstated, or mischaracterized its Submission in any way or the Entrant is not the rightful owner of the submitted Submission, the Submission may be withdrawn and disqualified from the Competition, and any privileges received by winning this contest may be rescinded. Any determinations made by the Promoter in withdrawing and disqualifying any Submission will be final and confidential.
    1. For all Cash Prizes: The Winner is responsible for all applicable taxes and fees associated with prize receipt and/or use. No transfer or substitution of a prize is permitted except by the Promoter. If a team of individuals, a corporation or an organization is selected as a prize winner, the prize will be awarded to the group and it will be up to them to split or appropriately allocate the prize.
    1. Entries are only eligible as long as the Submission was not developed as a part of the Entrant’s job or for pay.
    1. This Competition is void where prohibited by law.
  1. OWNERSHIP OF SUBMISSIONS

5.1 For the purpose of this clause, “Intellectual Property” shall mean:

    1. inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques;
    2. copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
    3. Confidential Information and trade secrets;
    4. trade and service marks (whether registered or unregistered); and
    5. proprietary rights under the Circuit Layouts Act 1989 (Cth).

5.2 Entrant’s Submissions

    1. Other than for the Winner’s Submission as set out in clause 5.3 below, the Promoter is not claiming any ownership rights to the Entrants Submission or Intellectual Property. The Promoter understands and acknowledges that each entrant shall retain ownership of the Entrant’s Submission Intellectual Property, the Promoter does NOT have the rights to sell, publish or distribute the Entrant’s Submission, but the Promoter may have developed or commissioned materials similar or identical to the Entrant’s Submission and each Entrant shall waive any claims the Entrant may have resulting from any similarities to the Entrant’s Submission;

5.3 Winner’s Submissions

As Winner of the Competition, the Winner:

    1. grants the Promoter an irrevocable exclusive licence in and to the Winner’s Submission and Intellectual Property in the Submission for one (1) year. The Promoter shall have the rights to sell, publish or distribute the Winner’s Submission and/or all or any Intellectual Property embodied in the Submission, and the Winner shall waive any claims the Winner may have against the Promoter in respect of the Promoter’s rights granted by the Winner hereunder.
    2. is granting the Promoter an irrevocable, royalty-free, worldwide right and exclusive license for one (1) year to: (i) review, assess, test and otherwise analyse the Winner’s Submission and Intellectual Property and all its content in connection with this Competition; and (ii) feature the Winner’s Submission and all content in connection with the marketing, sale, or promotion of this Competition (including but not limited to internal and external sales meetings, conference presentations, tradeshows, and screen shots of the Competition Submission in press releases) in all media (now known or later developed);
    3. agrees to sign any necessary documentation that may be required for the Promoter and the Promoter’s designees to make use of the rights the Winner has granted above.
  1. HOW TO WIN
    1.   Each Submission will be individually judged based on the most original and creative Submission in line with the requirements for entry will determine the prize Winner. The decision of the judges (to be nominated by the Promoter in its discretion) is final and the Promoter will not enter into any negotiations regarding the competition result.
    1. The Winner will be notified by email on 10 April 2018 and the Winner’s details will be made available on the Warner Music Australia website located at www.warnermusic.com.au/win on 13 April 2018, and announced publicly at the FastForward: Sydney held on 12 April 2018 and 13 April 2018 at Aerial at University of Technology Sydney.

7.            PRIZE

    1.    There will be  one (1) Winner for the entire Competition who will receive the following:
  1. Five thousand Australian dollars cash (A$5,000.00)
  2. The opportunity to present the Winner’s Submission at the FastForward: Sydney held on 12 April 2018 and 13 April 2018 at Aerial at the University of Technology Sydney (“the Conference”).
    1. The total maximum retail value of the prize pool is A$5,000.00 (inclusive of GST). Prize value is based upon the recommended retail prices at 9 March 2018 and Promoter accepts no responsibility for any change in prize values between now and the date that the various prizes are claimed. Promoter reserves the right to request the Winners to provide proof of age and identity, residency and entry into the Competition in order to claim the prize which will be verified at the discretion of Promoter.

7.3 Prize details are correct 9 March 2018. Should any part of the prize be unavailable due to unforeseen circumstances or reasons beyond the control of the Promoter, the Promoter may at its discretion vary or amend prizes so as to provide reasonable alternative prizes and the Winners agrees that no liability shall attach to the Promoter or parties connected to the Promoter as a result.

7.4 Prizes are not transferable and cannot be redeemed for cash or other goods or services and cannot be taken in parts. 

7.5 The Winner is responsible for all other expenses including flights to Sydney, Australia (if applicable), visas, spending money, meals, drinks,  transfers, accommodation, travel to and from the Conference, laundry charges, activities, incidentals, taxes, fuel surcharges, gratuities, services charges, travel insurance and all other ancillary costs.  Travel insurance is highly recommended.

7.6 The Winner will be responsible for all necessary travel documents including passports, visas etc. and the Promoter will not be responsible for any such documentation.

7.7 If for any reason any Winner does not (or is not able to) claim an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited and cash will not be awarded in lieu of that element of the prize.

7.8 By accepting the prize the Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize including being interviewed, photographed and/or filmed;

7.9 It is a condition of accepting the prize that the Winner must comply with all the conditions of use of the prize and prize supplier’s requirements.   

7.10 It is a condition of accepting the prize that the Winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

7.11 By entering, each Entrant agrees to: (a) comply with and be bound by these Terms and conditions and the decisions of the Promoter and/or the Judging Panel which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Promoter and its affiliates, from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Promoter from and against any and all claims, expenses, and liabilities (including reasonable legal fees) arising out of or relating to a Entrant’s participation in the Competition and/or the Entrant’s acceptance, use or misuse of prize.

8. NO LIABILITY

8.1 To the fullest extent permitted by law, Warner and its affiliates, associated agencies and companies (together called ‘Warner’) will not be liable or responsible for any loss (including direct, indirect and consequential loss), costs (including legal costs),  damage or injury to property or person that is suffered or incurred as a result of or in connection with:

  1. the Competition including participating in any prize (including but not limited to attendance at a Selected Show);
  2. any late, lost or misdirected entries or failure to receive any entry in the Competition;
  3. any prizes damaged or lost in transit;
  4. any travel won in or in connection with the Competition;
  5. any problem, failure, delay, unavailability or inaccessibility with, of or to any communications network, service or transmission (including telephone, Internet or  website);
  6. any cancellation, modification or suspension of the Competition in accordance with clause 8.2 or clause 8.3;
  7. any unauthorised human intervention in any part of the Competition (including but not limited to theft, destruction, alteration or unauthorized access of or to any entries);
  8. any electronic or human error which may occur in the proper administration of the Competition;
  9. any act or omission, deliberate or negligent, by Warner, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize Winner and, where applicable, to any persons accompanying a prize Winner;
  10. any circumstances outside Warner’s reasonable control.

This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.

8.2 In the event that any event or action outside Warner’s control prevents or significantly hinders Warner’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), Warner may in its absolute discretion cancel the Competition and recommence it from the start at another time on the same conditions. If the Competition is regulated by any applicable government body, the cancellation or recommencement of the Competition will be subject to any requirements imposed by such body.

8.3. If for any reason this Competition is not capable of running as planned due to causes beyond the control of Warner which affect the proper conduct of this Competition, Warner reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Competition subject to the requirements of any relevant government body that regulates the running of the Competition.

    1. The Winner is responsible for obtaining their own independent legal advice.

9. PRIVACY

    1. The Promoter is bound by the Privacy Act 1988 (Cth) in relation to the handling of personal information. For further details of the Promoter’s privacy policy please go to www.warnermusic.com.au.

Entry details remain the property of the Promoter and its related entities. The Promoter is collecting the Entrant’s personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying Winners), and, for the purpose of sending you competition and direct marketing material in relation to programs and products and services available through the Promoter (“the Purpose”). The Promoter is collecting each Entrants e-mail address for the official Warner Music Australia Mailing List. The Entrant may request access to his or her personal information by writing to the Digital Marketing Manager at 39-47 Albany Street, Crows Nest, New South Wales, 2065.

10. HEADINGS

10.1 The headings in these Conditions are for convenience only and do not affect interpretation.

11. ENTIRE CONDITIONS

11.1 These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this Competition

12. PROMOTER’S DETAILS

    1. The Promoter is  Warner Music Australia Pty Limited (ABN 35 000 815 565) of

39 –47 Albany Street, Crows Nest NSW 2065

    1. Authorised under NSW Permit No. LTPM/16/00614 and ACT Permit No. TP 16/01135