“HP IDOL HANDS” PROMOTION
1.
Information on how to enter and prizes form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these Terms
and Conditions.
2.
For the purposes of this promotion, the following definitions will
apply: “Entrant” means any individual aged 16 years or over that submits a
valid completed online entry in accordance with these Terms and Conditions; and
“Voter” means any individual who registers to judge entries that appear on the
promotional website, which shall include Entrants.
3.
Entry is open to any individuals aged 16 years or over who are
registered members of the YouTube website. Employees (and their immediate
families) of the Promoter and agencies associated with this promotion are
ineligible to enter.
4.
To enter, eligible Entrants
must create a video and upload it to the YouTube website at www.youtube.com. The video must depict the
Entrant’s hands.
The video must not contain any material determined by the Promoter in its
absolute discretion to be obscene, offensive or inappropriate. Each video must
be composed in accordance with the YouTube Terms of Use and Code of Conduct
(see www.youtube.com). Entrants must then
visit www.hp.com.au/idolhands,
follow the prompts to the competition entry page, input the requested details
including the YouTube URL of their video entry and submit the fully completed entry form.
5.
Video entries submitted will be
viewable promotional website video gallery via the submitted YouTube URL. All
uploaded videos will be moderated by the Promoter. The Promoter reserves the
right, at any time, to remove any material from the website that it deems, in
its absolute discretion, to be obscene, offensive or inappropriate, or
infringing upon the rights of any third party, including, but not limited to,
copyright, and to subsequently disqualify any Entrant that uploads such
material.
6.
The Promoter reserves the right, at any time, to verify the validity of
entries or votes and Entrants and Voters (including their identity, age
and place of residence) and to disqualify any Entrant or Voter who submits an entry or
vote that is not in accordance with these Terms and Conditions or who tampers
with the entry or voting process. Each Entrant or Voter is only permitted to
register one single email address for the purposes of the promotion. Failure by
the Promoter to enforce any of its rights at any stage does not constitute a
waiver of those rights.
7.
Incomplete, indecipherable or inaudible entries may be deemed invalid by
the Promoter, in its absolute discretion.
8.
Multiple entries permitted, subject to the following: (a) each video
entry must be substantially unique; and (b) each entry must be submitted
separately and in accordance with entry requirements.
9.
Promotion commences 08/11/07.
Final entries close 5pm AEDST on 28/02/08.
10.
There will be 4 rounds of judging prior to the determination of the
major prize winner. Entries for each round of judging close at 12 noon AEDST on
the following dates: Round 1 – 30/11/07; Round 2 – 21/12/07; Round 3 – 30/01/08; Round 4 – 15/02/08.. Each
round of judging will take place at Publicis Mojo, Level 5, 55 Southbank
Boulevard, Southbank VIC 3006 Australia at 12pm AEDST on the same day that entries close for that round.
During each round of judging, the judges will judge all entries that have been
received up to that round’s close date. The best valid entry as determined by
the judges in each monthly round will be showcased on the promotional website
as a winner for that month. Once an entrant has been judged a winner in a monthly
round, their winning entry will no longer be eligible for subsequent rounds,
but will still be eligible for the major prize.
11.
The winner of the major prize will be determined via an online vote.
Entries displayed on the website will be judged by Voters. Voters will have the
opportunity to award a vote for each displayed entry during the promotional
period. A Voter may only submit one vote per entry per day (including any entry
submitted by the Voter themself). Voting closes at midnight 12am AEDST on 14/03/08.
The votes will then be tallied by the Promoter in order to determine a winner.
The determination will take place at 2pm AEDST on 17/03/08 at Publicis Mojo,
Level 5, 55 Southbank Boulevard, Southbank VIC 3006 Australia. The entry with
the highest number of votes at that time will win the major prize. In the event of a tie between entries, the
entries will be judged and the winning entry will be determined by the Promoter
in its absolute discretion and based on the creative merit and originality of the
video.
12.
Winners will
first be notified by email and then by telephone. This is a game of skill and chance plays no
part in determining the winners. Each
entry will be individually judged based on the creative merit of the video
entry provided. The Promoter’s decision is final and no correspondence will be
entered into.
13.
The entry with the highest number of votes as determined by process
outlined in Clause 11 will win AUD$10,000 cash and a HP Touchsmart PC valued at
AUD$3,299 RRP. Cash prize will be awarded in the form of a cheque.
14.
The best valid entry as determined by the judges in each monthly round
will each win a HP Touchsmart PC valued at AUD$3,299 RRP each, including
shipping costs.
15.
If the winner of a prize is an individual under the age of 18 years, the
prize will be awarded to the winner's nominated parent or guardian.
16.
All HP Touchsmart PC prizes are subject to the standard warranty of the
Promoter applicable to all of its products. Services such as extended warranty
services are not available to be taken as part of the prize. Order and delivery of the prizes will be
processed through Publicis Mojo on behalf of the Promoter.
17.
If any prize (or part of any prize) is unavailable, the Promoter, in its
discretion, reserves the right to substitute the prize (or
that part of the prize) with a prize to the equal value and/or
specification, subject to any written directions from a regulatory
authority.
18.
Total prize pool value is AUD$26,495. Prizes are not transferable or
exchangeable and cannot be taken as cash, unless otherwise specified.
19.
All entries submitted (including videos) become the property of the
Promoter. Entries will not be returned to any Entrant. As a condition of
entering into this promotion, each Entrant licences the Promoter to use their
entry in any media for an unlimited period for any reason including but not
limited to future promotional, marketing or publicity purposes, and agrees, if
requested, to supply original files of video in high resolution for the
Promoter’s use in print and online advertising. Each Entrant warrants to the
Promoter that each entry submitted is an original artistic work of the Entrant
that does not infringe the rights of any third party. The Entrant agrees to indemnify the Promoter
against all costs and claims by third parties arising from a breach of this
warranty. Entrants consent to any use of
their entry which may otherwise infringe their moral rights pursuant to the
Copyright Act 1968 (Cth).
20.
Entrants consent to the Promoter using the
entrant's 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
competition (including any outcome), and promoting any products manufactured,
distributed and/or supplied by the Promoter.
21.
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, the Promoter reserves the right, in its
sole discretion, to the fullest extent permitted by law (a) to disqualify any
Entrant or Voter; or (b) to modify, suspend, terminate or cancel the promotion,
as appropriate.
22.
Any cost associated with accessing the promotional website is the
Entrant’s or Voter’s responsibility and is dependent on the Internet service
provider used. The use of any automated entry software or any
other mechanical or electronic means that allows an Entrant to automatically
enter or a Voter to automatically vote repeatedly is prohibited and will render
all entries or votes submitted by that Entrant or Voter invalid.
23.
Except for any liability that cannot be excluded by law, the Promoter
(including its 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, including, but not
limited to, where arising out of the following: (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) a
prize.
24.
The Promoter collects
personal information in order to conduct the Promotion and may, for this
purpose, disclose such information to third parties, including, but not limited
to, prize suppliers. Entry and voting is conditional on providing this
information. Unless otherwise advised, the Promoter may, for an indefinite
period, also use the information for promotional, marketing and publicity
purposes including sending electronic messages and making telephone calls. Entrants and Voters should direct any request
to access, update or correct information to the Promoter.
25.
The laws of
26.
The Promoter is Hewlett-Packard Australia Pty Ltd of