Terms and conditions

“TOURISM TASMANIA TASMANAI” PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter the “Tourism Tasmania TasmanAi” (“Promotion”) and the prize(s) form part of these Terms and Conditions. Entry into the Promotion is  deemed acceptance of these Terms and Conditions (“Terms and Conditions”).
2. Entry is only open to Australian and New Zealand residents aged 18 years or over as at 13 February 2024.
3. Employees (and their immediate families) of Tourism Tasmania (the “Promoter”) and agencies  (including participating artists engaged by the 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, and includes a spouse thereof. Whether or not a person is eligible under this clause will be determined by the Promoter at its absolute discretion.
4. The Promotion commences at 9:00am on 13 February 2024 and close at 11:59pm AEST on 04 March 2024 (“Promotional Period”).
5. Entry in the Promotion is through the Discover Tasmania website. To enter, individuals must complete the following steps during the Promotional Period:
   (a) visit www.discovertasmania.com.au/tasmanai/ and follow the prompts to the promotion entry page;
   (b) input the requested details including name, email and postal address;
   (c) input a suggestion into the text box to be paired with a Tasmanian place or feature, which combined make up a prompt for an image that the entrant wishes to be commissioned as an artwork by a local Tasmanian artist; and
   (d) submit the fully completed entry form during the Promotional Period.
6. Only one (1) entry is permitted per person (“Entry”).
7. By entering into this Promotion the entrant confirms and warrants the following:
   (a) The Entrant consents to the use of their personal information in relation to the Promotion for the purposes of facilitating the awarding of the prize and notifying all competition entrants;
   (b) All required permissions regarding the Entry, have been obtained by the Entrant;
   (c) The Entrant grants the Promoter a non-exclusive perpetual licence to use the Entry for the purposes of the Promotion.
   (d) The Promoter will not be liable for any copyright infringement or other unlawful conduct arising from the Entry or publication of the Entry or acts or omissions of the entrant;
   (e) The Entry does not violate any applicable law or regulation;
   (f) The Entry is not offensive, illegal, obscene or pornographic; and
   (g) The Entry does not contain viruses or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate, any system, data or personal information.
8. 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 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.
9. Incomplete or indecipherable entries will be deemed invalid and rejected. The Promoter in its absolute discretion, reserves the right to disqualify any entry that it reasonably believes is prohibited by these Terms and Conditions, any relevant law, or is otherwise deemed inappropriate. Entries that are considered unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, and racially offensive, contain objectionable content or are otherwise inappropriate will be deemed invalid and rejected. The Promoter, in its absolute discretion, reserves the right to notify relevant authorities including law enforcement agencies and provide them with the objectionable entry and the entrant’s personal information.
10. 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. The Promoter reserves the right to request the winner to provide proof of identity, and/or proof of entry validity in order to claim the Prize. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
11. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in the delivery due to technical disruptions, network congestion or for any other reason.
12. 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 prompt provided in the text box on the entry website.
13. The judges will be selected by the Promoter at its absolute discretion.
14. The judging will take place at the Promoter’s offices, Level 3, 15 Murray Street, Hobart TAS 7000.  Valid worthy entries, as determined by the judges, will each win an original artwork based on the prompt submitted in their entry, created by a local Tasmanian artist.  The style and size of the artwork will be determined by the Promoter at its sole and absolute discretion.
15. The judges may select additional reserve entries which they determine to be the next best, and record them in order in case an invalid entry or ineligible entrant is selected.
16. The Promoter will endeavour to contact the winner(s) of the Promotion using the details provided within five (5) business days of the selection. In the event the winner(s) cannot be contacted by 12 March 2024, or cannot accept the Prize, the Prize will be forfeited by that winner and the next judged entry will be awarded the Prize and so on until a valid winner is contacted. Any winner determined in accordance with this clause will be notified in writing. The Prize cannot be transferred to another person without the prior written consent of the Promoter.
17. This is a game of skill and chance plays no part in determining the winners.
18. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Promotion result.
19. Winners are responsible for ensuring that all prize delivery details provided are correct. The Promoter will not be liable for any costs associated with re-delivery of a prize, should the delivery details provided by a winner be incorrect.
20. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or specified value, subject to Tasmanian State Government Regulations.
21. If the winner(s) does not take the Prize by the time stipulated by the Promoter, then the Prize will be forfeited.
22. Total prize pool is valued up to AUD$54,000 (GST exclusive).
23. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash. The Prize cannot be varied.
24. The Prize will be awarded to the person(s) named in the Entry.
25. Should an entrant’s contact details change during the Promotional Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
26. 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:
    (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 16, 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 Content;
    (d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
    (e) 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
    (f) 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.
    
    
27. 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.
28. 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.
29. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
30. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
31. 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 2010, as well as any other implied warranties under the  Australian Securities Investment Commision Act 2001 or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
32. 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) taking/use of and/or participation in the prize.
33. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to pandemic, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion or recommence it from the start on the same conditions, subject to any written directions given under any relevant laws.
34. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any written direction given under any relevant laws.
35. 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 and prize suppliers, and as required, to Australian 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 www.discovertasmania.com.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, and provided the Entrant has provided consent upon submitting an Entry, 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia, and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
36. The Promoter is Tourism Tasmania (ABN 58 800 480 938), the body corporate established pursuant to section 4 of the Tourism Tasmania Act 1996 (TAS), of Level 3, 15 Murray Street, Hobart TAS 7000.