By uploading your film (“Film”) into the Virgin Australia film Festival (“the Festival”), you are agree to participate in the competition being run by Virgin Australia Airlines Pty Ltd ABN 36 090 670 965 (“Virgin Australia”) for the purposes of promoting the Festival (“Competition”). You (“the Club”) agree that the Club’s participation in the Competition is strictly subject to the Competition Guidelines (“Guidelines”) and these Competition Terms and Conditions (together, “the Terms and Conditions”).
1. Club’s Representations and Warranties
The Club hereby represents and warrants to Virgin Australia that:
(a) the Club has the sole and full right and authority to accept the Terms and Conditions and enter into this Agreement and grant the rights granted in the Agreement;
(b) the Film was made by the Club solely and specifically for the Festival;
(c) the Film complies with the Terms and Conditions;
(d) the Film (including all film footage, musical works, lyrics and sound recordings) contains only original works;
(e) the rights (including the Intellectual Property Rights) in the Film have not been, and will not be, assigned, licensed or otherwise granted, in whole or in part, to any person other than Virgin Australia;
(f) the Club has permission to reproduce and exploit all third party materials (and/or the results and proceeds of all third party services) contained in the Film or upon which the Film is based*;
(g) without limiting clause 4 of these Competition Terms and Conditions, the Club is the sole and exclusive owner, of the copyright in the sound recordings comprising the soundtrack of the Film and the music and lyrics reproduced in those sound recordings*;
(h) all of the performers in the Film have consented in writing to the use of their performances in the Film*;
(i) the Club has obtained from each contributor to the Film(“Contributor”), including with respect to the underlying works in the Film, a written release to use the results and proceeds of the Contributor’s services and/or contributions to the Film including, without limitation the right to edit, alter and/or reproduce the results and proceeds of the Contributor, in any manner or context, by the Club, and any person authorized by the Club to do so (including Virgin Australia, its assignees and licensees), and such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth) (Moral Rights Consents)*;
(j) the Club has obtained from each Contributor:
• authorization for Virgin Australia to use the Contributor’s name and likeness in connection with any publicity for the Festival and related competition; and
• an undertaking that the Contributor will perform publicity appearances for the Festival and related competition if reasonably requested by the Club or Virgin Australia*;
(k) the Club is entitled to grant to Virgin Australia permission to make use of each and every right referred to in clause2 of these Competition Terms and Conditions and the use or exploitation of the Film as contemplated by the Terms and Conditions will not violate the rights (including Intellectual Property Rights and Moral Rights) of any third party;
(l) no part of the Film is, or will be, actionable for defamation or violate any right of privacy or publicity of any person, and the full use of the rights in the Film will not violate any rights, including copyright or Moral Rights, of any person, firm, or corporation; and
(m) the Film is not the subject of any litigation nor is it threatened by any claim or litigation. *
*A release form for the purposes of complying with clause 1 is attached.
2. Assignment to Virgin Australia
(a) For good and valuable consideration, the receipt and satisfaction of which is hereby acknowledged and other good and valuable consideration contained herein, the Club assigns to Virgin Australia, as of the date the Film is submitted to the Festival:
• all copyright and all rights of a similar nature (whether such rights are in existence now or at any time in the future) throughout the world in and to any film footage, musical works, lyrics, sound recordings or other material used or adapted in the Film, which are created or owned by the Club, including as an assignment of future copyright; and
• any and all other Intellectual Property Rights, common law rights and remedies in relation to the film footage, musical works, lyrics, sound recordings or other material used or adapted in the Film, available to you.
(b) If requested by Virgin Australia you must sign, execute or otherwise deal with any document or take any action which may be necessary to enable the vesting of the rights contemplated by clause 2(a) of these Competition Terms and Conditions in Virgin Australia.
The Club indemnifies Virgin Australia from and against any and all claims and demands made against Virgin Australia, its assignees or licensees, in relation to:
(a) the representations and warranties provided by the Club in clause 1 of these Competition Terms and Conditions;
(b) any claim by a third party against Virgin Australia or its related entities in connection with the use by Virgin Australia or its related entities of the Film (including all film footage, musical works, lyrics, sound recordings or other material used or adapted in the Film) including any claim by a third party that use by Virgin Australia or its related entities of the Film infringes that third party’s Intellectual Property Rights.
The Club’s obligations under clause 3 of these Competition Terms and Conditions survive expiry and/ or termination of this agreement.
4. Moral Rights
(a) The Club acknowledges that Virgin Australia, its assignees and licensees, may do or omit to do anything which may infringe any and all moral rights granted to the Contributors or the Club including to edit, alter and/or reproduce the work of the Contributors, the Club and the Film and the Producer consents to these actions by Virgin Australia, and its assignees and licensees, in any manner or context, in perpetuity throughout the world, and such consent is given to the full extent permitted under the Copyright Act 1968 (Cth); and
(b) The Club authorises Virgin Australia and its assignees and licensees to do any and all acts comprised in the Moral Rights Consents.
The following definitions apply to this agreement:
(a) “Intellectual Property Rights” includes all present and future industrial and intellectual property rights, and includes (without limitation) copyright, trade mark, design, patent, semiconductor and circuit layout rights, geographical indications, rights in trade secrets and confidential information, whether registered or not, and any rights to registration of such rights, anywhere in the world from time to time.
(b) “Moral Rights” means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world.
6. Use of Film by Club
The Club acknowledges that the Film contains the Virgin Australia trade mark, name and staff members. Accordingly, the Club must obtain Virgin Australia’s prior written consent before using the Film in any way.
GENERAL TERMS AND CONDITIONS
7. To enter the Competition, Clubs must submit a video to Virgin Australia in accordance with the Competition Guidelines.
8. Entries must be submitted in accordance with the time frames set out in clause 7 of the Competition Guidelines.
9. Entries will published on Virgin Australia’s social media pages from 18 August 2014. Members of the public will have the opportunity to vote on the entries from this date until 18 September 2014 (unless this period is extended by agreement of Virgin Australia and the participating Clubs (“Competition Period”).
10. There is a limit of one entry per Club.
11. Illegible, incomprehensible and incomplete entries will be deemed invalid. Virgin Australia accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise including those entries not received by Virgin Australia.
12. Costs associated with entering the Competition remain the Club’s responsibility.
13. The winning Clubs may be announced Virgin Australia’s Facebook page on 23 September 2014 (unless the Competition Period is extended in accordance with clause 9 of these Competition Terms and Conditions). The winning Clubs will be notified on 23 September 2014 directly by email. The winning entries will be published on Virgin Australia’s Facebook page and via Virgin Australia’s Twitter account and other marketing channels.
14. Entries not fully complying with the Terms and Conditions may be deemed invalid at Virgin Australia’s discretion. If a winning entry is deemed not to comply with the Terms and Conditions, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of the Terms and Conditions as if the discarded entry had not been received.
15. The winning video entries (4 clubs in total) will be determined by adding the following from Virgin Australia’s Facebook and YouTube platforms: ‘YouTube views’ (1 point each), ‘YouTube likes’ (3 points each), ‘YouTube Comments’ (5 points each), ‘Facebook Likes’ (3 points each), ‘Facebook comments’ (5 points each), and ‘Facebook shares’ (10 points each however only direct shares from Virgin Australia’s channels will be counted). The highest amount of points overall of ‘views, likes, comments and shares’ will win first, second, third and fourth prize in descending order. Engagement through other social media channels such as Twitter, directing people to the Virgin Australia Facebook and YouTube platforms and Microsite is encouraged.
16. The prizes for the Competition are as follows:
• Grand Prize: 30 return Business Class flights to LA for altitude training
• Major Prize: 30 return Economy flights to LA for altitude training
• Minor Prize: 30 return Economy flights to any short-haul international destination
• Runner Up: 30 return Economy flights to any domestic destination
17. Flights will be awarded in the form of a Virgin Australia Prize Certificate which is valid until 30 June 2015. It is the responsibility of the winner to arrange travel on their preferred dates by calling 07 3295 3166, Monday to Friday between 09.00-17.00 AEST.
18. Redemption of the Virgin Australia Prize Certificate is subject to any terms and conditions of Virgin Australia including those specified on the Prize Certificate. Flights are also subject to availability. It is advised that bookings are made at least 1 month prior to the Club’s preferred travel date. The prizes listed above may be substituted at Virgin Australia’s discretion in conjunction with the Club.
19. The Virgin Australia Prize Certificate is valid on flights marketed and operated by Virgin Australia and cannot be used on codeshare flights operated by Virgin Australia’s partner airlines.
20. All flights included in the prizes are subject to the applicable fare rules and Virgin Australia’s terms and conditions of carriage which are located on the Virgin Australia website and can be found at www.virginaustralia.com.
21. The prizes cannot be redeemed for cash.
22. It is the winning Clubs’ responsibility to ensure that all Club members travelling on prize flights have the requisite visas, vaccinations, valid documentation (including but not limited to valid passports and visas) which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the winning Clubs.
23. The winning Clubs are responsible for all other expenses including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
24. Virgin Australia makes no representation as to the safety, conditions or other issues that may exist at any destination or as part of the prize.
25. Virgin Australia reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of Virgin Australia, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Club who tampers with the entry process, who submits an entry that is not in accordance with the Terms and Conditions or who has, in the opinion of Virgin Australia, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Virgin Australia. Virgin Australia reserves the right to disqualify a winning Club if Virgin Australia becomes aware that the winning Clubs and/or the winning Clubs’ entries is of a type described in this clause. Any Club disqualified under this clause is prohibited from any further participation in the Competition.
26. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Virgin Australia’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, act of terrorism, Virgin Australia may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
27. 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 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) in Australia, or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
28. Virgin Australia, its associated agencies and companies (and their respective officers, employees and agents) exclude all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Competition or any prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Competition as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) acceptance and/or use of any prize (including but not limited to any component of a winner’s trip).
29. Virgin Australia reserves the right in its sole discretion to disqualify any Club who Virgin Australia has reason to believe has breached any of the Terms and Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Competition. Any Club disqualified under this clause is prohibited from any further participation in the Competition. Virgin Australia’s legal rights to recover damages or other compensation from such an offender are reserved.
30. Virgin Australia and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
31. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus,
communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of Virgin Australia, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, Virgin Australia 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 Competition, or invalidate any affected entries, subject to any written direction given under State Regulation.
32. Virgin Australia is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.