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Terms and Conditions

Boost Design A Cup Terms & Conditions

Promotion:

Boost Design A Cup

Promoter:

Boost Juice Pty Ltd ABN 11 092 165 681, Level 1, Tower 2 Chadstone Place, 1341 Dandenong Road, Chadstone, VIC 3148, Australia. Ph: (03) 9508 4409

Promotional Period:

Start date: 20/02/20 at 09:00 am AEDT
End date: 31/03/20 at 11:59 pm AEDT

Eligible entrants:

Entry for the Design a Cup Competition is available to both individuals, groups and businesses. Individuals/individuals within a group/business must all be Australian residents. Business entrants must be located within Australia.

If entering as part of a group/business, all persons within that group/business will be deemed an entrant for the purposes of these Conditions of Entry and must all read and will be taken by the Promoter to have consented to these Conditions of Entry.

Entry for the Punny Sayings Competition is open to Australian residents aged 13 years or over.

Entrants under the age of 18 must have parent or legal guardian approval to enter.

How to Enter:

The entry mechanic for entry for each of the Design a Cup and Punny Sayings Competitions are listed below.

Design a Cup Competition

To enter, an eligible entrant must complete the following steps during the Promotional Period:

  1. a) design artwork for a Boost Juice cup (in format and according the requirements outlined below) (“Cup Design Artwork”); and
  2. b) visit boostcupcomp.com.au, follow the prompts to the Design a Cup Competition entry page, input all requested details and upload their Cup Design Artwork as prompted, and submit the fully completed entry form.

If entering as a group/business, the person representing or leading the group/business will be required to submit the entry on behalf of the group/business and provide their personal details in the requested field as entrant. Business/team member details must also be included where prompted in the form.

  1. Designs can only be submitted through the above referenced website. Designs sent by mail or email, for example, will not be accepted.
  2. All submissions must be in Photoshop or Illustrator format.
  3. Design may be altered by Boost Juice if necessary for print execution purposes.
  4. Plagiarised submissions, designs that have been developed for other purposes, or designs that have been used in the past by other organsations or companies may not be used for the Cup Design Artwork and will be not be accepted.
  5. Regardless of whether the designer has obtained licensing rights or not, it is prohibited to use representations which include, evoke, or imitate specific persons or intellectual properties which belong to other third parties, including but not limited to characters, brands, logos, images, illustrations, styles, compositions, and linguistic expressions.
  6. Artwork must be newly developed by the entrants exclusively for the Design a Cup Competition, and must have not ever been published previously.
  7. All licensing rights to all the designs, shall be transferred from the entrants to Boost Juice upon submission. The winner will be required to sign a release as provided by the Promoter, to transfer ownership rights in their Cup Design Artwork to the Promoter. Where entry is submitted by a business, all persons who created the Cup Design Artwork will be required to sign the release.
  8. Participants shall not submit the other design competitions to the other design competition.
  9. Participants must cover the cost of producing their designs on their own.
  10. Design alterations may be made by Boost Juice when deemed necessary for optimised print execution.
  11. Participants may be asked to resubmit their designs if they pass the first stage of judging, so please save all of your design files until at least three (3) months after the Promotion end date.
  12. All submitted designs should be sized to fit on a standard Boost Cup. Use CMYK mode for the high-resolution version of your design, with an image resolution of up to 200dpi.

Punny Sayings Competition

To enter the Punny Sayings Competition, the entrant must comment on the Punny Sayings Competition post on the Boost Juice Facebook Page (https://www.facebook.com/boostjuice/) during the Promotional Period, with a saying that they would like featured on a Boost Juice Cup. ‘Saying’ submitted must be the original work of the entrant, and must not be subject to copyright protection and must not be a song lyric or a famous movie line.

The promotional post may also be available as a sponsored ad on Facebook and all entries via that post will be eligible for this Promotion.

Entries permitted:

Design A Cup Competition

Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above.

Punny Sayings Competition

Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above. Each entry submitted by an entrant must contain a different saying. By completing the entry method, the entrant will receive one (1) entry.

Prize & Winner Determination Details:

The prizes for the Design a Cup and Punny Sayings Competitions are listed below. Top three (3) entries for each Competition will win the respective prize listed below based on their placing.

Entries for each Competition will be judged by the Promoter, based on the judging criteria below:

  1. Design a Cup Competition: designs that are most creative, on-brand, well designed and fits the brief will be deemed winning designs
  2. Punny Sayings Competition: sayings will be judged on individual originality, creative merit and literary merit

Design a Cup Competition

Ranking: 1st Placed - $5,000.00

Ranking: 2nd Placed - $2,000.00

Ranking: 3rd Placed - $2,000.00

Punny Sayings Competition

Ranking: 1st Placed - $1,000.00 - The 1st Placed winning ‘punny saying’ will be used on a Boost cup for a limited time.

Ranking: 2nd Placed - $500.00 - The 2nd Placed winning ‘punny saying’ will be used on a Boost cup for a limited time.

Ranking: 3rd Placed - $500.00 - The 3rd Placed winning ‘punny saying’ will be used on a Boost cup for a limited time.

Where the winner is an individual, the cash prize will be awarded to the winning individual’s bank account. Where the winner is a group, the cash prize will be awarded to the leader of the group’s bank account account (based on leader specified on entry); or if winning is a business the cash prize will be transferred into the business’ bank account.

The Promoter does not warrant that the Boost cup designed from the winning entries from this Promotion will appear in stores for a minimum length of time. The Promoter has complete discretion on how long they choose to keep the winning designed cups in circulation in Boost Juice stores.

Total Prize Pool:

AUD $11,000.00

Winner notification:

The winners will be contacted by phone and/or email within two (2) days of the judging. Winners will be notified by April 30th 2020 by phone or email.

Unclaimed Prizes:

In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "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 1st cousin.
  5. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
  6. The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.
  7. All reasonable attempts will be made to contact each winner.
  8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  9. No part of a prize is exchangeable, redeemable for any other prize or transferable, unless otherwise specified in writing by the Promoter.
  10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
  11. No entry fee is charged by the Promoter to enter the Promotion.
  12. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  13. The prize will either be awarded to the owner or the manager or the Promoter's store representative of the winning store (as determined by the Promoter).
  14. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.boostjuice.com.au/privacy-policy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  15. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
  16. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  19. If for any reason any aspect of this Promotion is not capable of running as planned, 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, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
  20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  21. All material submitted on entry (e.g. Design Cup Artwork, sayings, photo(s), image(s), drawing(s), comment(s), must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  22. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  23. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or willful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  24. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  25. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.