The Modern Craft Project Promotion Terms and Conditions
The Modern Craft Project Promotion Terms and Conditions
These are the terms and conditions applicable to persons (referred to as “you” or an “entrant”) entering the Modern Craft Project Promotion (referred to as “the Modern Craft Project”). By entering the Modern Craft Project, you accept these terms and conditions and agree to be bound by them. Failure to abide by any of these terms and conditions may disqualify you from taking part in the Modern Craft Project and your entry may be deemed invalid.
The Promoter of the Modern Craft Project is Diageo Australia Limited with its principal place of business at 162 Blues Point Road, McMahons Point, Sydney 2060, NSW, Australia. All references to 'our', 'us', 'we' refer to the Promoter, its subsidiaries, affiliates and associates.
Eligibility to Enter
1. Entry to the Modern Craft Project is open only to residents of Australia aged 25 and over at the date of entry. Employees and agents of the Promoter or any company associated with the Modern Craft Project are ineligible to enter, as are members of their families or households.
2. One (1) entry is allowed per person. If the Promoter discovers or has reasonable grounds to believe that you have exceeded the maximum number of entries you may be disqualified.
3. Entry to the Modern Craft Project is open to all those who consider themselves skilled in a “modern craft”. Entrants need not undertake their modern craft on a full-time and/or professional basis. Entries from amateur and/or part-time modern crafts-people are eligible (provided such entries comply with the rest of these terms and conditions). Although, there is no definitive list of what constitutes a “modern craft” itself for the purposes of eligibility for entry to the Modern Craft Project. As a broad guideline regarding the attributes of a modern crafts-person, the Promoter considers that a modern crafts-person (i) does reinterpret traditional skills and values in a modern way, harness innovative technologies alongside traditional materials or skills, and is a progressive thinker with an entrepreneurial spirit, and (ii) is not a large scale manufacturer or purely a contemporary artist or product designer, and does not use only traditional methods or techniques without a modern twist. Entrants will be able to specify as part of their entry why they should be considered.
4. Entrants to the Modern Craft Project could win the one cash prize from The Ketel One Legacy Prize Fund (as defined in paragraph 29 below). The prize will be awarded to the successful entrant towards the practice and development of their modern craft.
5. The Modern Craft Project is one of several other similar national promotions being conducted by Ketel One in other countries. There are separate terms and conditions which apply to those other national promotions and they will be judged separately to the Modern Craft Project here in Australia and have separate prizes.
How to Enter
6. To enter the Modern Craft Project, you must fill in all the required details and answer the questions (with a character limit of 3,500 each) in the online form at www.themoderncraftproject.com and upload a portfolio of your work (referred to as your “Work”) as described on the website and which consists of a maximum of five (5) photographs and/or videos in total. Each file uploaded as part of your entry must not exceed two (2) MB. The photos/videos must be of Work that you are willing to have featured in the exhibition referred to in paragraph 24 below.
7. Entrants may submit their entries from 09:00 on 1 October 2012. All entries must be received by 17:00 on 31 December 2012. Late entries (for whatever reason) will be invalid. Proof of sending will not be accepted as proof of receipt.
8. Entrants declare that information they provide on entering the Modern Craft Project is true and correct. Any entry made in breach of this declaration may be deemed invalid and disqualified at the discretion of the Promoter.
9. Entrants to the Modern Craft Project should meet the criteria described in paragraph 3 above regarding the attributes of a modern-crafts person.
10. Any/all of your Works submitted as entries to the Modern Craft Project must be your own original work, must not be copied from anyone else and, subject to paragraph 19, must not have been made with the help of anyone else.
11. You must not endanger yourself or others, or take any unnecessary risks in order to produce or make any entry to be submitted to the Modern Craft Project.
12. You are solely responsible for any expenses incurred in the creation and/or submission of your entry to the Modern Craft Project.
13. No person other than the entrant may appear or feature in any entry.
14. Entries to the Modern Craft Project must not:
a. be accompanied by any music (live or recorded) unless it is your own original composition;
b. advertise or promote third parties’ goods and/or services, or feature any third party branding, trademarks or logos (including on clothing);
c. use any public domain or third party proprietary images, including statues, sculptures, paintings and other works of art;
d. contain any material which infringes the rights (including without limitation intellectual property rights) of any third party;
e. suggest or imply that Ketel One or alcohol in general makes you more popular or attractive or that it is acceptable, glamorous or generally positive to be intoxicated nor feature scenes or references to drinking alcohol or show people who are, or appear to be, under the legal drinking age;
f. pass judgment on those who choose not to drink alcohol;
g. suggest or imply that Ketel One or any drink is good or has any positive medicinal or therapeutic property because it contains alcohol, or that someone should only consume drinks with a high alcohol content;
h. suggest or imply that it is acceptable to drink alcohol whilst driving any kind of vehicle, operating any kind of machinery, or whilst undertaking any kind of sport or occupation that requires concentration;
i. contain any content which is defamatory, obscene, unlawful, harmful, offensive or inappropriate; j. contain any content which may have the effect of being harassing, threatening, or abusive or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; and/or
k. contain any viruses or other harmful programs.
15. The Promoter reserves the right to take down from the website referred to in paragraph 22 any/all photos/videos, Works, and any other content and/or materials submitted by entrants if the Promoter determines in its sole discretion that any such content and/or materials are in breach of these terms and conditions and/or if the Promoter receives any complaints or claims in respect of such content and/or materials (including without limitation any claims for infringement of a third party’s intellectual property rights).
16. Subject to paragraph 19, you warrant and promise to the Promoter that you own all the rights in:
(i) any/all photos/videos/written material submitted as part of your entry to the Modern Craft Project, and
(ii) the Works that you submit as part of your entry to the Modern Craft Project, and that they are your sole and original creation and have not been copied in whole or in part from any other person.
17. You will retain ownership of the copyright in any/all photos/videos/written material submitted as part of your entry. However you hereby grant to the Promoter, its group companies, contractors, agents and collaborators a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable licence to use, reproduce and/or modify any any/all such photos/videos/written material without restriction in any and all media, including for the purposes of the Modern Craft Project, for internal use, for commercial use, for publication on any websites, and for use in promotional and advertising materials in relation to the Modern Craft Project.
18. To the extent permitted by law, the entrant hereby irrevocably waives any/all moral rights or other transferable rights in any/all photos/videos/written material submitted as part of an entry to which the entrant is or may at any time in the future be entitled or any similar provisions of law in any jurisdiction.
19. If you did not create any of the photos/videos/written material submitted as part of your entry yourself or if the Works you are submitting as part of your entry were made with the help of someone else, you must notify the Promoter at the time of entry and must, if requested by the Promoter and in any form requested by the Promoter, provide a signed written personal release from the copyright owner of the relevant photo/video/written material or from the person who helped you make the relevant Work, which grants the Promoter the same rights in relation to the photos/videos/written material and/or Work(s) that you grant the Promoter under these terms and conditions and (b) waives any and all moral rights that s/he may enjoy in connection with any such photos/videos/written material and Work(s). Failure to provide such release upon request may result in disqualification.
Shortlist of Entrants
20. Within 2 months of the closing date for entries, a panel of experts from Australia (referred to as the “Local Panel”) will select a shortlist of ten (10) entries.
21. The Local Panel will select entries for the shortlist based on the following criteria and applying the below percentage (%) weightings to each criteria:
a. Demonstration of skills in the entrant’s chosen craft and quality of the Work submitted as part of the entry: 35%
b. Degree to which the entrant’s Work showcases modern heritage: 35%
c. Quality of the entrant’s vision for their entry and the innovative nature of how the entrant intends to use any share of the Ketel One Legacy Prize Fund (as defined in paragraph 29 below) towards the practice and development of their craft: 30%
22. Due to the time-critical nature of the Modern Craft Project, the entrant(s) selected to appear in the shortlist must respond to the Promoter within 48 hoursof being notified by the Promoter that they have been selected. In the event that any selected entrant cannot be contacted within 48 hours, the Promoter reserves the right to select another entrant in accordance with the process set out in these terms and conditions.
23. Following the selection of the shortlist as described in paragraphs 20 and 21. The ten (10) shortlisted entries will appear in an online public gallery at www.themoderncraftproject.com. Shortlisted entries may also appear in the online version of Wallpaper magazine. By submitting an entry to the Modern Craft Project, you agree for it to appear in the online public gallery and in the online version of Wallpaper magazine. Between January and February 2013, members of the public will be able to vote online for the shortlisted entries appearing in the online public gallery based on which entry they think best combines craft and modernity. The Promoter will use reasonable technical measures to ensure that public votes will be restricted to one vote per person. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
24. The ten (10) shortlisted entrants will have their Work showcased at the Ketel One Bar Tours Exhibit in select venues in Sydney and Melbourne between February and March 2013. As a condition of receiving a prize from the Ketel One Legacy Prize Fund, the selected entrant(s) must be willing to have their Work showcased at the exhibition as described in these terms and conditions. As part of the exhibition, the shortlisted entrants may get the opportunity to host an evening workshop for attendees to learn about and experience their expertise. The Promoter will be responsible for all costs associated with shipping the shortlisted entrants’ Work to the exhibition and will insure the Work whilst at the exhibition. The shortlisted entrants’ will also be provided with reasonable travel and accommodation expenses in the event that significant travel is required to and from the exhibition.
25. The Promoter reserves the right to remove from the exhibition referred to in paragraph 24 any/all photos/videos, Works and any other material submitted by entrants if the Promoter determines in its sole discretion that any such content and/or materials are in breach of these terms and conditions and/or if the Promoter receives any complaints or claims in respect of the same (including without limitation any claims for infringement of a third party’s intellectual property rights).
26. The shortlisted entrants will be required to submit a profile (including a photograph) and answer various interview questions. Entrants will be required to cooperate with the Promoter in a timely manner regarding the supply of photographs and the answering of interview questions.
The Promoter will then create a profile of each of the shortlisted entrants to appear in an online Modern Craft Project Global Directory at www.themoderncraftproject.com. Entrants hereby consent for their personal data (including their photograph and any/all information they provide as part of the above interview) to appear in the online Modern Craft Project Global Directory at www.themoderncraftproject.com. Any shortlisted entrants may withdraw such consent by contacting the Promoter using the contact details at the top of these terms and conditions. Entrants acknowledge that the online Modern Craft Project Global Directory will be a publicly accessible website, and as such the Promoter accepts no responsibility for any unsolicited communications any shortlisted entrant receives from third parties as a result of his/her appearance in the online Modern Craft Project Global Directory.
27. By submitting an entry to the Modern Craft Project you retain ownership in your Works, however you agree that you will make your Work(s) available to the Promoter so that they may appear and be used in the exhibition referred to in paragraph 24 (for its full duration) and as further described in these terms and conditions. You also promise and warrant to the Promoter that you have the right to lend the Work(s) to the Promoter for the purposes described in these terms and conditions.
28. You agree to indemnify (i.e. compensate) the Promoter for any losses or liabilities it suffers or incurs as a result of any third party claim that any photos/videos, Works, and any other content and/or materials you submit as part of the Modern Craft Project infringe or are alleged to infringe the copyright, design right and/or any other rights of any third party.
Recipients of the Ketel One Legacy Prize Fund
29. There is a total prize fund available of $100,000 (referred to as the “Ketel One Legacy Prize Fund”).
30. Within one (1) month of the end of the public vote referred to in paragraph 22 above, the local panel of experts (referred to as "The Panel") will select one (1) entrant from the ten (10) shortlisted entrants to receive the Ketel One Legacy Prize Fund as described in paragraph 32 below.
31. The Panel will select the recipient(s) of a prize from the Ketel One Legacy Prize Fund based on the following criteria and applying the below percentage (%) weightings to each criteria: a. Demonstration of skills in the entrant’s chosen craft and quality of the Work submitted as part of the entry: 25% b. Degree to which the entrant’s Work showcases modern heritage: 25% c. Quality of the entrant’s vision for their entry and the innovative nature of how the entrant intends to use the Ketel One Legacy Prize Fund towards the practice and development of their craft: 35% d. Outcome of the online public vote: 15%. NB> The final voting Ts&Cs for Australia will open 1 month before voting commences
32. The recipient of the Ketel One Legacy Prize Fund must use it towards the practice and development of their craft as outlined in their entry to the Modern Craft Project.
33. The recipient of the Ketel One Legacy Prize Fund will be required to take part in publicity and reasonable promotional activities relating to the Modern Craft Project (including without limitation being interviewed and providing updates on how he/she is using his/her prize from the Ketel One Legacy Prize Fund) for up to a year after the closing date for entries. By entering the Modern Craft Project, you agree to the use of your name, voice, image and likeness by the Promoter for such purposes, and in advertising and promotional material, in any media, without further compensation.
34. Taxes, other transfers, other hotel incidentals (including the mini bar) and any other expenses not stated in these terms and conditions are not included.
35. The Promoter will not be responsible for the content of any material submitted by you, and you accept that (i) you will be responsible for ensuring that any material submitted does not infringe any third party rights (such as intellectual property rights) and (ii) you will be liable for any claims, losses, fines, penalties, costs or damages suffered or incurred by you or the Promoter as a result of any such infringement.
36. The Promoter reserves the right to substitute the Ketel One Legacy Prize Fund or any other opportunities referred to in these terms and conditions with an alternative prize of similar value.
37. If the Promoter is unable to contact any entrant for the purposes of either shortlisting the entrant or the Ketel One Legacy Prize Fund as referred to above, or if the Promoter discovers or has reasonable grounds to believe that the entrant is ineligible, the recipient’s entry is invalid, false, not the entrant’s original work, or fraudulent, or the entrant has otherwise failed to comply with these terms and conditions, the entrant may be disqualified, and an alternative entrant selected instead in accordance with these terms and conditions.
39. The decision of the Promoter shall be final and no correspondence will be entered into. The Promoter reserves the right at any time: (i) to verify, or have a third party verify, that any entrant meets the eligibility requirements and has complied with these terms and conditions; and/or (ii) to disqualify any entry that fails to meet such eligibility requirements and/or otherwise comply with these terms and conditions.
40. The name of the judges and the winner of a prize from the Ketel One Legacy Prize Fund will be made available at www.themoderncraftproject.com
41. The Promoter assumes no responsibility for lost, unauthorised, misdirected, illegible, falsified, delayed or incomplete entries, all of which are invalid and void, or for difficulties experienced in submitting an entry to the Modern Craft Project, including as a result of any technical delay, failure or defect.
42. Entrants’ details and personal data will be used by the Promoter for the purposes of administering the Modern Craft Project and in accordance with all applicable data protection and privacy laws. By entering this Modern Craft Project, you consent to the use of your personal data by the Promoter as set out in these terms and conditions. The Promoter may pass entrants’ details to third parties either where the third party is acting on the Promoter’s behalf for the purposes of administering the Modern Craft Project and/or any subsequent publicity, and/or for the purposes of sending you the Promoter’s marketing materials (provided you have indicated that you want to receive any such marketing materials); and/or as otherwise required by law, in each case any such third parties will be required to use your personal data only in accordance with these terms and conditions. The Promoter will not pass your details to any third party not referred to in these terms and conditions or otherwise without your prior consent.
43. The Promoter reserves the right to withdraw, delay or amend the Modern Craft Project in the event of any unforeseen circumstances outside its reasonable control, and will not be in breach of these terms and conditions or liable for any delay or failure in performing its obligations due to such circumstances.
44. The Promoter reserves the right in its absolute discretion to extend the closing date for a reasonable period of time where none of the entries received prior to the closing date have satisfied the above criteria sufficiently to be used and/or featured as described in these terms and conditions. Furthermore, in the event that the Panel decide that none of the entries satisfy the criteria in these terms and conditions sufficiently for the entry to be used and/or featured as described in these terms and conditions, the Panel may at their discretion choose a winning entry based on the above criteria to award the Ketel One Legacy Prize Fund however the relevant Work(s) may not appear in the online public gallery and/or the exhibition referred to above.
45. You agree that, to the extent permissible by law, the Promoter and its affiliates, agents and their employees and directors assume no liability for injuries, losses or damages of any kind to property (including the Works) or persons, resulting in whole or part, directly or indirectly, from entry into the Modern Craft Project, any acts or omissions of an entrant, or participation in the Modern Craft Project. Any/all Works submitted to the Modern Craft Project are submitted at the entrant’s own risk.
46. Nothing in these terms and conditions shall limit or exclude the Promoter’s liability for death or personal injury as a result of its negligence or for fraud.
47. These Terms and Conditions constitute the entire agreement between you and us in relation to their subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us.
48. These terms and conditions are governed by the laws of Australia and are subject to the exclusive jurisdiction of the Australian courts.