$20 Boss 2016 Student Awards Terms and Conditions

$20 Boss 2016 Student Awards Terms and Conditions

  1. The promoter is The Foundation for Young Australians ABN 26 092 744 968 of 21-27 Somerset Place, Melbourne, Victoria 3000 (“Promoter”).
  2. $20 Boss is an in-school challenge, run by the Promoter, which provides students $20 of start-up money to create their own business.
  3. Information on how to enter and the Prizes (defined below) form part of these terms and conditions (“Terms and Conditions”). Entry into the $20 Boss 2015 Student Awards (“Promotion”) is deemed acceptance of these Terms and Conditions.
  4. The Promotion commences at 9:00am (AEST) on Saturday, 18 June 2016 and closes at 5:00pm (AEST) on Tuesday, 11 October 2016 (“Promotional Period”), or as extended by the Promoter in its absolute discretion.
  5. Eligibility: The Promotion is open to Australian secondary school students (“Students”):
    1. who are currently enrolled at an Australian Secondary School participating in the $20 Boss
    2. who have successfully completed the $20 Boss Challenge; and
    3. who are not an employee of the Promoter or any participating agency associated with this Promotion, or an immediate family member of the same.
    4. For the purpose of these Terms and Conditions, “immediate family member” 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 first cousin.
  6. Entry: Students may enter individually or as part of a team (“Team”). The maximum number of Students permitted in any one Team is six (6). To enter, Students must, during the Promotional Period:
    1. obtain the consent of their parent or guardian to enter the Promotion in accordance with
    2. visit the website 20boss.fya.org.au (“$20 Boss Website”) and complete and submit the online
    3. acknowledge and accept these Terms and Conditions, (each an “Entry”). All Entries become the property of the Promoter.
  7. Multiple Entries: Multiple entries are not permitted. Students may enter the Promotion once only, whether as an individual Student or as part of a Team Entry.
  8. Award Category: There are two award categories Students may nominate for:
    1. Most successful business award: for the business with the greatest profit, growth potential, Challenge (“School”); and Promotion, or an immediate family member of the same. these Terms and Conditions and provide personal information about themselves; entry form; and impact, sustainability and marketing strategy; and
    2. Social entrepreneur award: for the business creating the greatest social or environmental
  9. Prizes: One (1) Prize will be awarded for each Award Category in each Australian State or Territory, with sixteen (16) Prizes awarded in total. The total value of all Prizes is $16,000. Each Prize is $1,000 cash.
  10. The Prize may be subject to change at any time at the absolute discretion of the Promoter. The Prize is non-transferable and must be taken as stated in accordance with these Terms and Conditions. No compensation will be payable if a Winning Student (defined below) is unable to use any aspect of the Prize.
  11. Each Winning Student (and or their parent or guardian) is responsible for all ancillary costs associated with each aspect of their Prize including, but not limited to, any costs and expenses associated with the preparation of an Entry, or visiting the $20 Boss Website for the purpose of submitting an Entry and any costs and expenses associated with attendance at any awards ceremony or other event, including travel and accommodation costs.
  12. Judging: The Promotion will be judged based on skill, and chance plays no part in determining the winner. Once the Promotion Period has concluded, each Entry will be judged by a panel of judges nominated by the Promoter. A winner will be selected for each Award Category in each Australian State or Territory, having regard to the merit and creativity of the submitted entry (“Winning Entries”). The judge’s decision is final and no correspondence will be entered into.
  13. Announcement: Students of Winning Entries (“Winning Students”) will be notified by email and announced on the $20 Boss Website within two (2) months after the end of the Promotional Period.
  14. Winners Acknowledgement: It is a condition of taking a Prize that the Winning Students (and their parents or guardians) sign a separate acknowledgement of these Terms and Conditions in a form determined by the Promoter (in its absolute discretion). This form must be returned to the Promoter within one (1) month of receipt.
  15. Prize money: Unless otherwise agreed by the Promoter, all prize money will be paid by electronic funds transfer to the bank account of Winning Students, as directed by their parent or guardian in writing. If a Winning Entry is a Team Entry, the prize money will be divided equally between each Student within the Team, as determined by the Promoter in its absolute discretion.
  16. Unclaimed prizes: If, after one month of the Winning Students being announced, any of the Winning Students: (1) are not contactable; or (2) fail or refuse to execute the acknowledgement in clause 14 (or their parent or guardian fails or refuses to execute the acknowledgement in clause 14), that Winning Student will forfeit the Prize. If that Winning Student was part of a Team, the Promoter will award the Prize to the remaining Winning Students in that Team in their absolute discretion. If that Winning Student was not part of a Team, the promoter will award the Prize to the next best Entry in their absolute discretion. The Promoter may conduct such further judging of entries in order to distribute any unclaimed prize.
  17. Verification: The Promoter reserves the right, in its absolute discretion and at any time, to request additional information from a Student, their School or their parent or guardian in order to verify the identity of the Student and/or determine the validity of any Entry under these Terms and Conditions.
  18. Disqualification: The Promoter may, in its absolute discretion and at any time, disqualify any Entry that, in the opinion of the Promoter: (1) is misleading, defamatory, racist, sexist or offensive in any other way; (2) infringes upon the rights of any person; or (3) does not accord with these Terms and impact in their communities. Conditions or the spirit of the $20 Boss Challenge.
  19. 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 absolute discretion, to: (a) disqualify any Entry; or (b) subject to any written directions from a regulatory authority, modify, suspend, terminate or cancel the Promotion, as appropriate.
  20. Intellectual Property: Each Student grants to the Promoter a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, enhance, improve, distribute, describe, screen-grab, depict or otherwise use its Entry, for the purposes of promoting the Promotion and the $20 Boss Challenge, in any media for an unlimited period. Each Student consents to any use of their Entry which may otherwise infringe their moral rights under the Copyright Act 1968 (Cth) or any other applicable law.
  21. Disclaimer: Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights under the Australian Consumer Law (including, without limitation, consumer guarantee rights) or similar consumer protection laws in the State and Territories of Australia, where to do so would contravene those laws or cause any term of these Terms and Conditions to be void (“Non-excludable Obligation”).
  22. Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under this agreement.
  23. Except in relation to Non-excludable Obligations, the Promoter excludes all liability arising directly or indirectly under or in connection with the Promotion or the performance or non-performance of these Terms and Conditions and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity.
  24. Except in relation to Non-excludable Obligations, the Promoter excludes all liability for loss of revenue, loss of profit, loss of or damage to reputation, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against the other party under or in any way connected with the Promotion.
  25. Personal information: The Promoter collects personal information about the Students (and their parents or guardians) in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to, other Students, other parents or guardians, the School and the Promoter’s agents, contractors and sponsors and, as required, Australian regulatory authorities. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Students (and or their parents or guardians). The eligibility of each Entry is conditional on providing this information. Students (and or their parents or guardians) should direct any request to opt out, access, update or correct their personal information to the Promoter’s Privacy Officer in one of the following ways: by
    1. email to: privacy@fya.org.au
    2. post to: Privacy Officer The Foundation for Young Australians21-27 Somerset Place, Melbourne, Victoria 3000
    3. These Terms and Conditions are deemed to incorporate the Promoter’s privacy policy, available at www.fya.org.au.
  26. Publicity consent: Each Student (and their parents or guardian) consent to that the Student’s image, a reference to their name and submitted Entry being used or printed on an ongoing basis in the Promoter’s publications, whether in digital or other media formats including, but not limited to, websites, Facebook, Instagram, Twitter, newsletters and newspaper publications (“Content”) without remuneration. Without limiting the effect of any agreement entered into in accordance with clause 14, each Winning Student (and their parents or guardian) consent to the Promoter interviewing and/or arranging for photographs and/or video footage to be taken during any awards ceremony or other events, for promotional and fundraising purposes in Content. Each Student (and their parents or guardian) also agrees to be available from time to time, upon reasonable request, to participate in marketing and promotional activities of the Promoter.
  27. All costs and expenses associated with the preparation of an Entry, or visiting the $20 Boss Website for the purpose of submitting an Entry, are the responsibility of the Student (and or their parent or guardian). The Promoter makes no guarantee as to the availability of the web services and will not be held responsible for interruption of service that may interfere with the ability to participate in the Promotion.
  28. Waiver: Any failure or delay by the Promoter to exercise a power or right does not operate as a waiver of that power or right.
  29. Governing law: The laws of the State of Victoria, Australia, govern these Terms and Conditions and the parties agree to submit to the non-exclusive jurisdiction of courts of that State.