Freekick Terms and Conditions

Terms and Conditions

This document sets out the information regarding prizes and terms of participation in SYN Media’s “Free Kick” band competition (the “Competition”).

1. The promoter of this Competition is Student Youth Network Inc trading as SYN Media (the “Promoter”) (ABN 94 478 397 512), 16 Cardigan St, Carlton, Victoria, 3053.

2. Entry to the Competition is open to residents of Australia aged 18 or over who are available to participate in the audition event in May 2010 (exact date to be specified by the Promoter) and available to take part in the Community Cup event on 27/06/10 (the “Event”). The event will consist of a play off at the Espy hotel in St Kilda between finalists. A panel of judges from local community media will determine the winner on the night and then provide further information as to what is required of the winning band to take part in the Community Cup.  Directors, officers, management and employees (and the immediate families of directors officers, management and employees) of the Promoter, or of the agencies or companies associated with the Competition (including any organisation or individual associated with the provision of the prize(s)), are not eligible to enter.

3. Each entry must be entered in accordance with these Terms and Conditions. By entering the Competition, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award a prize to any entrant who fails to comply with these Terms and Conditions.

4. Entry into the Competition is free, apart from postal costs for submitting entries.

5. The Competition opens at 12 noon AEST on Wednesday 7 April 2010 and closes at 11.59pm AEST on Tuesday 27 April 2010 (“Competition Period”). Any entry received after the Competition Period will be deemed invalid. The Promoter is not responsible for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise.

6. To enter the Competition, entrants must:

i.    provide to the Promoter a 4-track demo (“Work”) on CD or electronic media file (as applicable));  

ii.    fully complete the Competition entry form (which can be obtained from syn.org.au/freekick) including by completing their details as set out in clause 8; and 

iii.    submit their entry by email to [email protected] (the “Website”) or by post to:

SYN Free Kick Competition, PO Box 12013 A’Beckett St, Melbourne 8006,
to be received by the Promoter during the Competition Period.

7. To be eligible for a prize an entrant’s Work must only include original material created by the entrant (as individual or band member), including (where applicable) any words, music and sound recordings.

8. Each entry must include the entrant’s name, address, email and a daytime telephone contact number. If an entry is submitted by a band member, entry must include no more than a ONE PAGE profile of the band, photo (preferably hi-res Jpeg), names of band members, website address (if the band has one) and the band member’s contact name, number, address and email.  The band member must obtain consent of all other band members before entering.

9. All entries become the property of the Promoter and will not be returned to the entrants. By entering this competition, entrants undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any law or third party intellectual property rights.

10. By submitting a Work to the Promoter, entrants grant the Promoter, its assignees and licensees including the organisers of the Event):

(i) a non-exclusive licence to communicate the Work in whole or in part to the public throughout the world in perpetuity on any media platform;
(ii) the right to provide a free download of the Work in mp3 or other downloadable format from the Website;
and entrants grant to the Promoter all associated rights necessary to exercise the above rights.
11. Entrants’ Works may be edited or adapted at any time by the Promoter in order to:

(i) meet the requirements of broadcasting authorities;
(ii) ensure the Work meets any legal or classification requirements or to avoid any breach of law;
(iii) use the Work for promotional purposes, free of charge; and/or
(v) use the Work on other SYN Media platforms, free of charge.

12. This is a game of skill; chance plays no part in determining the winner. Five entrants, as selected by the Promoter from all entries received, will be selected to publicly audition (together with their bands, if relevant) for the Promoter’s panel of judges a date to be specified by the Promoter in May 2010 at the Esplanade Hotel, Melbourne. The entrant whose performance of its Work is judged by the Promoter’s panel of judges to be the best, most original and most creative will win the prize (“Winning Entrant”).

13. The Winning Entrant will receive for the Entrant and, if relevant, the Entrant’s band:
(a) the opportunity to play a set of up to 40 minutes’ duration during the Event at approximately 11am on Sunday June 27 2010; 
(b) entry to the Event; and
(c) services of a sound engineer provided by the Event.

14. The Winning Entrant and, if relevant, his/her band, must be available to perform at the audition and at the Event and to redeem the prize on the date and times stipulated by the Promoter. If the Winning Entrant and, if relevant, his/her band is not able to take the prize  (or an element of the prize) at the time as stipulated by the Promoter, the Promoter may deem the entry to be invalid and determine another prize winner at its discretion.

15. No component of the prize can be transferred, exchanged or redeemed for cash. In the event that any component of the prize becomes unavailable, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation.

16. Entrants warrant that:
(i) all details provided in their entry are true and accurate;
(ii) they have all necessary rights and licences to grant the rights set out in these Terms and Conditions;
(iii) their Work is original work;
(iv) the exercise of the rights granted to the Promoter in these Terms and Conditions will not infringe the rights of any third parties, and   entrants indemnify the Promoter against any loss or damage resulting from any breach of these warranties.

17. Entrants acknowledge that the Promoter is under no obligation to exercise any of the rights granted to it by these Terms and Conditions and any communication of entrants’ Work to the public by the Promoter is at the complete discretion of the Promoter.

18. Entrants are responsible for all costs associated with getting to and from the audition in May 2010 and getting to and from the Event including all expenses incurred while there (including, without limitation, transport, insurance and food and beverages).

19. Entrants agree that the Promoter may use their entry and any personal details provided to the Promoter for any promotional, marketing and publicity purposes associated with the Competition in any media without notice and without any fee being paid to entrants or their band members.

20. Decisions of the Promoter and its panel of judges are final and will be binding on each entrant and no correspondence will be entered into. The name of the Winning Entrant and, if relevant, his/her band will be announced on SYN radio, the SYN Media website, and SYN TV (Channel 31) by a date to be determined May 2010.

21. Entrants agree to follow the directions of the Promoter, any SYN representative, and any Event representative regarding their performance at the audition and at the Event including any guidelines, safety procedures, terms and conditions for performers and participants of the audition and the Event.

22. If for any reason there is any event that prevents or hinders the Promoter’s conduct of the Competition (including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter) or prevents or hinders the Promoter’s ability to provide the prize to the prize winner, the Promoter may, in its discretion, cancel, terminate, modify or suspend the Competition and recommence it at another time under the same conditions or invalidate any affected entries (and select another winner, if applicable). The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this Competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Competition or acts in violation of these terms and conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.

23. To the full extent permitted by the law, the Promoter will not be liable (including, without limitation, in negligence) for any injury, damages, expenses, or loss whatsoever (whether direct or inconsequential) to persons or property as a result of any person entering into the Competition or accepting or using any component of the prize, including without limitation non-receipt of any prize or damage to any prize in transit or the Winning Entrant’s failure to comply with the terms and conditions (if any) specified by any third party. 

24. By entering this Competition, entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotion and marketing purposes regarding its products and services, including contacting the entrant via electronic messaging.  By entering this competition, entrants consent to receiving SMS or email messages from the Promoter that do not contain any functional unsubscribe facility.  Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address in paragraph 1.