Terms and conditions

Terms and Conditions – ‘Straya’s Slang Legend’

The Competition asks Australians to capture a creative video piece using the Aussie Slang Dictionary which is housed on www.australiaday.com.au. Video submissions can include writing and performing an original song, poem or rap and that captures Australia’s jocular sense of humour and larrikin-nature.

The Competition is intended as a fun online campaign for all Australians to participate in and embrace Australian culture by having a go at performing an Aussie Slang inspired piece in their own way and posting recordings of their performances on www.australiaday.com.au.

The Competition asks participants to reflect on our Australian identity and culture in a humorous manner and through our fondness for using slang in everyday life. Participants are asked to create between one and three 60 second videos (or less) using slang words and phrases from the Aussie Slang Dictionary at www.australiaday.com.au as inspiration. The Aussie Slang Dictionary contains more than 430 Aussie Slang words and phrases contributed by the general public.

Please ensure that you read and agree to these Terms and Conditions before submitting your entry.

In these Terms and Conditions, “you” means the Competition entrant and/or, where the context permits, the parent or legal guardian of an entrant that is under 18 years of age.

If, for any reason, the Competition is not able to be conducted as planned, the ADCNSW reserves the right to cancel the Competition without notice and without liability to itself, any entrant or any other person.

Competition Period and Operation

The Competition is operated by the State of New South Wales, Department of Premier and Cabinet ABN 34 945 244 274, trading as the Australia Day Council of New South Wales ("ADCNSW").

The Competition period commences at 10.00am AEDT on 1 December 2021 and concludes at 11.59pm AEDT on 5 January 2022 unless terminated earlier or extended by ADCNSW in its absolute discretion. The ADCNSW may deal with entries it receives up to the conclusion of the competition period.

By completing a Competition Entry Form ("Entry Form") and submitting your Competition 60 second video in accordance with these Terms and Conditions, you may participate in the Competition and could win a prize from Carnival plc trading as P&O Cruises Australia (“P&O”) (worth up to $2,996 incl. GST and subject to terms and conditions)  and have your video publicised.

By submitting an Entry Form (either on your own behalf if you are 18 years of age or older, or as a parent or legal guardian on behalf of a person who is under 18 years of age), you agree that these Terms and Conditions create a legally binding agreement between you and the ADCNSW.

If you breach any of the Terms and Conditions, you may be disqualified from the Competition and you will no longer be eligible to win a prize.

Eligibility for Participation

To be eligible to participate, you must either:

  • be an Australian citizen; or
  • reside in Australia and hold a long-term visa (such as a residency, work or student visa).

The following persons (and their spouses and immediate families) are ineligible to participate:

  • Members of the NSW Parliament;
  • Employees of the NSW Department of Premier and Cabinet;
  • Employees and Council members of the ADCNSW;
  • Executive and senior management of sponsors and partners of the ADCNSW.

If you are under 18 years old at the time your Entry Form is submitted:

  • your parent or legal guardian must accept these Terms and Conditions (and the annexed P&O Terms and Conditions) and complete and submit the Entry Form on your behalf
  • your parent or legal guardian must accept the prize on your behalf if you are a winner.

If you are a parent or legal guardian of an entrant who is under 18 years old at the time an Entry Form is submitted;

  • you accept these Terms and Conditions (and the annexed P&O Terms and Conditions) on your behalf and on behalf of the entrant, and agree to ensure that the entrant accepts and complies with these Terms and Conditions (and the annexed P&O Terms and Conditions);
  • you acknowledge that you have read and accept the Privacy Statement on your behalf and on behalf of the entrant, and agree to ensure that the entrant understands and accepts the Privacy Statement; and
  • expenses or liabilities that you incur to accept any prize on behalf of the entrant will not be reimbursed by ADCNSW.

The ADCNSW reserves the right to require entrants (or their parents or legal guardians) to provide proof of identity, age, citizenship, residency and visa status. Suitable proof is at the absolute discretion of the ADCNSW. An entrant who cannot provide suitable proof (including for his or her parent or legal guardian, if applicable) may be disqualified from the Competition and, if the entrant is the winner, required to forfeit the prize. Where the prize has been forfeited, the ADCNSW, in its absolute discretion, may withhold the prize or award the prize to any other person.

The ADCNSW also reserves the right to require you to provide your address or phone number (in addition to the information required in the Entry Form) and may contact you, if you are the parent or legal guardian of an entrant, for verification purposes.

How to Participate

If you want to participate in this Competition, you must follow all of these steps:

  1. Create, perform and record between one and three Competition videos of an original performance. You must ensure that each video complies with these Terms and Conditions, including by ensuring that:
    1. there is a caption for each video;
    2. each video is new and original. While you must use the Aussie Slang Dictionary, you must not include any other person's music, sound or video clip or file or other copyright material in your entry (including in any caption); and
    3. no other person apart from you features in or has contributed to your entry.
  2. Visit the Competition website at [www.australiday.com.au/strayaslanglegend];
  3. Select ‘Straya’s Slang Legend’ located on the purpose-built page of the website;
    • For each video, complete an Entry Form by including all mandatory information, including following the directions to upload your video.
  4. If you are 18 years of age or over:
    1. Read and accept the Terms and Conditions by ticking the "Yes, I agree" box.
    2. Read and accept the Privacy Statement by ticking the "Yes, I agree" box.
    3. Acknowledge the Licence granted to ADCNSW under the Terms and Conditions by ticking the “Yes, I agree” box.
  5. If you are under 18 years of age, your parent or guardian needs to complete the Entry Form and Step 4 on behalf of both you and them. Your parent or guardian also needs to select "Yes, I consent to my child’s entry and the contacts details contained in this Entry Form are my own”.
  6. You (or you parent or guardian) submit the completed Entry Form with your complying Competition video.

Participants may only enter new and original work to this Competition. Entries must also comply with these Terms and Conditions. The ADCNSW reserves the right to reject any entry that does not meet these requirements.

Competition information and the Entry Form are available on www.australiday.com.au/strayaslanglegend. There is no entry fee.

Only Original Music in Videos

Videos containing (or which ADCNSW reasonably considers may contain) material over which there are intellectual property rights held by other persons, such as music (including background music of any kind or sound effects) created by another person, will be disqualified. Music can only be used if it is your original work 

Solo Videos Only

Videos featuring (or which ADCNSW reasonably considers may feature) persons other than the entrant will be disqualified.

Video Upload Specifications

Uploaded videos must comply with the following specifications:

  1. Videos must be accompanied by a caption of 200 words or less;
  2. Videos must not exceed 60 seconds in length;
  3. Videos can have a landscape or portrait orientation;
  4. You may submit a maximum of three videos (each with a separate Entry Form) per entrant;
  5. Videos must comply with the Acceptable Content Rules set out below;
  6. The same video cannot be submitted more than once;
  1. Refer to ‘Hints and Tips for Uploading’.

You must keep a copy of each video submitted in the highest resolution possible. You must provide a copy to ADCNSW if requested.

It is your responsibility to ensure your videos comply with the specifications. The ADCNSW reserves the right to disqualify any entry that does not meet these requirements. Without limitation, ADCNSW takes no responsibility for any videos that have been uploaded incorrectly.

Acceptable Content Rules

You must not upload, communicate or publish on the Competition website entries, including videos, or comments or any other materials which:

  • are offensive, discriminatory, racist, hateful, violent, threatening, abusive, defamatory, obscene, vulgar, feature nudity or are pornographic, profane or indecent or are otherwise unlawful;
  • infringe any other person's copyright or moral rights or other intellectual property rights; or
  • advertise or are otherwise designed to sell a product or service or increase traffic to any other website;
  • content that you do not own or is not created by you.

The ADCNSW reserves the right to remove any material uploaded, communicated or published on any website or social media channel operated by it which it considers objectionable, in breach of these Terms and Conditions, or other terms of this site. This right is exercised in ADCNSW’s absolute discretion and may not be challenged or appealed.

Acceptance of Entry

Within two business days of submission of your entry you will be notified by email, to the email address specified in your Entry Form, that your entry has been received. If your email address changes during the Competition, you will need to re-enter, as email details cannot be updated.

ADCNSW intends that videos complying with these Terms and Conditions will be uploaded to the Competition website within two business days of their successful submission. However, ADCNSW reserves the right not to upload any submitted video to that website, or within that period, for any reason, and to remove any uploaded video at any time for any reason, without notice or notification.

In order to be considered for the prize, you must submit your entry by 11.59pm AEDST on Wednesday 5 January 2022 (unless the Competition is terminated earlier or extended by ADCNSW in its absolute discretion).

Amendment of Entry

All videos must be uploaded with a completed Entry Form. Once the Entry Form and the accompanying videos are submitted, no subsequent access will be provided to entrants to add to or edit the videos. You should direct any request to correct or update any incorrect personal information to the Webmaster at [email protected].

Requests to delete one or more videos (in their entirety only) may be made by contacting the Webmaster at [email protected]. Where a video is deleted, further entries from you may not be accepted at the ADCNSW's absolute discretion.

Entrant's Representations and Warranties

You represent, warrant and agree that:

  • the entrant is eligible to enter the Competition;
  • all the details in the Entry Form were true and correct at the date you submitted the Entry Form;
  • the intellectual property (including copyright) in all videos and in all statements that you upload to the AustraliaDay.com.au website (either on your own behalf or as a parent or guardian on behalf of an entrant under the age of 18) ("Your Material") is owned by you and is original to you. Without limiting this, to the extent (if any, in non-compliance with these Terms and Conditions) that intellectual property in Your Material is owned in whole or part by another person, you have obtained all necessary permissions from such persons for Your Material to be entered in the Competition 22 January 2022;
  • Your Material is not the subject of any other third-party agreements that would prevent its use according to these Terms and Conditions or require ADCNSW or anyone else to pay any third party for this use;
  • You have only given accurate, complete and up-to-date information to ADCNSW, and the giving of the information complies with all applicable data protection and privacy laws.

Winner

ADCNSW will shortlist up to 15 videos to be presented to the judging panel to determine a winner. While an entrant may submit between one and three videos, a maximum of only one of these videos will be shortlisted for each entrant.

A judging panel formed at ADCNSW’s absolute discretion will judge shortlisted videos and select one Competition winner prior to 22 January 2022 ("Winner"). The Competition winner will be selected based on the ability of their video to reflect passion and enthusiasm for Australia and being Australian in ways which:

  • are creative and witty
  • ensure the content supplied is original
  • incorporate Slang words and phrases from the Aussie Slang Dictionary at www.australiaday.com.au
  • illustrate uniquely Australian artistic and humorous merit – Laugh out loud moments
  • meets the criteria for entry
  • are appropriate for the ADCNSW to share for promotional purposes with the general public on the official website and relevant digital channels.

The winner will be announced on australiaday.com.au and ADCNSW social media on Friday, 21 January 2022 at 5.00pm. The winner’s entry, including their name, State or Territory of residence and age as submitted through their Entry Form, may be featured in the announcement.

Any entrant who breaches these Terms and Conditions may be disqualified from the Competition and will not be eligible to win a prize.

ADCNSW's decision is final and binding and no correspondence will be entered into with any unsuccessful entrant regarding that decision.

Entrants agree to participate in any promotional activity promoting Australia Day in NSW, the ADCNSW and/or the Competition, as may be reasonably requested by the ADCNSW.

P&O may require the winner to participate in and co-operate with all reasonable media editorial requests by P&O, including but not limited to, being interviewed and photographed, in accordance with the P&O Terms and Conditions.

You acknowledge that:

  • ADCNSW may request permission from you to allow use of your videos (including captions) by competition sponsors and media partners, in connection with the promotion of Australia Day worldwide; and
  • Competition sponsors, media and P&O may embed hyperlinks to the Competition website on webpages or social media channels that are owned or controlled by Competition sponsors.

Prize

Overall winner: There is ONE prize. The winner will win one (1) 4 night cruise for four (4) people in a quad share balcony room on board a P&O cruise of their choice (subject to availability) departing from any Australian cruise home-port in 2022 or 2023, with a maximum total prize pool value of AU$2,996.00 (incl. GST) (“the Prize”).

 If required by P&O, to be awarded the Prize, the winner must separately undertake to P&O that it accepts the P&O Terms and Conditions.

Entrants and the winner may also receive exposure through media opportunities. Their videos or name and likeness may be showcased on digital screens, on a broadcast, media promotion, print and digital media platforms, local council and State websites, newsletters and through social media to promote Australia Day and the Competition.

If the Prize (or part of  the Prize) is unavailable, the ADCNSW and/or P&O, at its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to substantially equal value and/or specification, which may be subject to acceptance of notified conditions.

Where the winner is under 18 years of age, the Prize will be awarded to his or her parent or legal guardian as specified on the Entry Form, subject to the parent or legal guardian accepting the P&O Terms and Conditions on behalf of the winner.

The Prize is subject to the P&O Terms and Conditions

You acknowledge and agree that:

  • The Prize is subject to conditions notified by P&O, including in the P&O Terms and Conditions.
  • If you are declared to be the winner and are awarded the Prize, you will have to comply (and ensure your travelling companions comply) with the P&O Terms and Conditions (including the winner participating and cooperating with all reasonable editorial media requests by P&O).
  • If, before a booking is made to redeem the Prize, P&O notifies ADCNSW that the winner has not complied with the P&O Terms and Conditions:
    • the winner will be disqualified from the Competition and required to forfeit the Prize; and
    • ADCNSW may declare another entrant to be the Competition winner and award the Prize to that person.

Copyright Ownership and Consents

As between you and the ADCNSW, you retain ownership of any copyright in Your Material. You accept the communication of the Material to the public by ACDNSW (and its officers, employees, agents or contractors as permitted under these Terms and Conditions at your own risk. The ADCNSW does not take responsibility for any unlawful or other use of Your Material by any other person.

The Material must not feature any other person, or contain any material to which others contributed.

ADCNSW will, wherever reasonably possible, attribute an entry using the name supplied with the Entry Form. However, to the extent permitted by applicable law, you agree that the ADCNSW may reproduce, publish, and communicate to the public Your Material with or without attribution of authorship. To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents, additions to, deletions from and other alterations or modifications of, Your Material that would otherwise infringe moral rights established by the Copyright Act 1968 (Cth) for the benefit of the ADCNSW, and any person claiming an interest in Your Materials through the ADCNSW.

Licence to use Your Material

You grant to the ADCNSW an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence without need for further assurance to (and to sub-licence or authorise local councils, NSW Government entities, media outlets and ADCNSW’s contracted service providers for Australia Day to) reproduce, publish, communicate to the public, adapt, and otherwise exploit Your Material, in whole or in part, in all media whether known now or developed in the future, for the purposes of promoting and advertising the Competition, Australia Day and ADCNSW worldwide- for example, by ADCNSW displaying the Your Material on the AustraliaDay.com.au website, on Facebook, Twitter, Instagram, Google Plus, YouTube, or on any other website or social media channel, publicly displaying your entry on large format outdoor screens, or by communicating your entry to others by email, by mobile phone, by radio, television or print/online.

You must obtain all necessary irrevocable, perpetual, royalty-free, transferable, worldwide, non-exclusive licences (which include the right to sub-license) in Your Material, to enable the ADCNSW to exercise the rights granted to it by these Terms and Conditions.

Right to Use Names and Likenesses

If you submit an entry, you grant the ADCNSW the right to use (and to authorise local councils, NSW Government entities, media outlets and ADCNSW’s contracted service providers for Australia Day to use) your name and likeness to promote and advertise the Competition, Australia Day  and ADCNSW worldwide.

Exclusions and Limitations of Liability

Except for any liability that cannot be excluded by law, the State of New South Wales (including  any of its manifestations such as ADCNSW, and its officers, employees, contractors and agents) excludes, and you hereby release it from, all liability (including negligence, and whether advised or aware of the possibility of that liability), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:

  1. any technical difficulties or equipment malfunction (whether or not under the ADCNSW’s control);
  2. any theft, unauthorised access or third party interference;
  3. any unauthorised use of submitted images by a third party;
  4. any entry, photograph or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the ADCNSW) due to any reason beyond the reasonable control of the ADCNSW;
  5. any tax liability incurred by a winner or entrant (or his or her parent or legal guardian); or
  6. use of the prize.

You are required to provide certain personal information to complete an Entry Form. Without your personal information, the ADCNSW cannot accept your Entry Form. You must give only accurate, complete and up-to-date information, and are solely responsible for ensuring that it complies with all applicable data protection and privacy laws.

This personal information will be collected and used according to the AustraliaDay.com.au website Privacy Statement so that you may participate in, and the ADCNSW may administer, the Competition.

Without limiting the AustraliaDay.com.au Privacy Statement, by completing an Entry Form you expressly consent to the ADCNSW providing your personal information to a sponsor of Australia Day and agree that sponsors may use such information in order to contact you for the purposes of administering the Competition, the award of a prize or the use of your entry in accordance with these Terms and Conditions. ADCNSW will contact you directly should other external agencies or organisations request this information from ADCNSW.

If you have any questions about the application of the Privacy Statement or a request to access, or for the correction of, information held (for example because it is inaccurate, incomplete, out of date or misleading) please contact:

Australia Day Council of NSW
ATTN: Webmaster
GPO Box 5341
Sydney NSW 2001
Email enquiries can be directed to the ADCNSW Webmaster at: [email protected]

Disqualification and Cancellation

If you exceed the maximum number of entries or submit duplicate entries or provide entries that do not comply with these Terms and Conditions, you may be disqualified, your videos deleted without notification and you may be advised to resubmit according to these Terms and Conditions.

Your entry may not be accepted or may be disqualified at any time, if you do not complete all mandatory details in the Entry Form, you do not agree to these Terms and Conditions, or your entry does not comply with these Terms and Conditions.

If this Competition is interfered with in any way or is not capable of being conducted as anticipated for any reason beyond the reasonable control of the ADCNSW, the ADCNSW reserves the right, in its sole discretion, to the fullest extent permitted by law to:

  1. disqualify any entrant; or
  2. modify, suspend, terminate or cancel the Competition or any part of the Competition as appropriate.

Any cost associated with accessing the Competition website is your responsibility and is dependent on the internet service provider used.

You must not use any automated entry software or any other mechanical or electronic means that allows you to automatically enter repeatedly, and all entries submitted by this method are disqualified.

Giving effect to these Terms and Conditions

You must do anything (including sign any document) to give full effect to these Terms and Conditions.

Governing Law

The laws in force in New South Wales, Australia, govern the Competition and these Terms and Conditions. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State, and any courts that may hear appeals from those courts.


 

ANNEXURE – P&O Terms and Conditions

1.1        The Prize includes:

  1. select onboard main meals (with the exception of those restaurants which have an additional cover charge);
  2. select onboard activities, evening entertainment, and access to nightclubs (with the exception of those activities and facilities which have an additional cover charge); and
  3. taxes, fees and port expenses.

 

1.2       The Prize is subject to availability and does not include flights and/or transfers to/from the winner’s home to the departure port. Any costs associated with transport to/from the departure port will be the responsibility of the winner and will not be borne by the P&O.  Pre or post accommodation, shore excursions or other onboard activities, spending money, additional meals, taxes, insurance, passports, visas, vaccinations, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. 

1.3       The winner and their companions are responsible for ensuring they have the necessary and valid travel documentation including, passports, any requisite visas and vaccinations.  The winner and their travel companions will be responsible for any expenses incurred in obtaining necessary travel documentation, including any fines, or penalties incurred as a result of not having the requisite travel documentation. Itineraries are not guaranteed.

1.4       The Prize is not redeemable for cash and is not transferable. If the winner is, for whatever reason, unable to travel within the nominated period, or does not take an element of the Prize within the time stipulated then that element of the Prize will be forfeited by the winner. The Prize cannot be redeemed on Main Event cruises.

1.5       In accepting the Prize, the winner agrees to participate in and co-operate with all reasonable media editorial requests by P&O, including but not limited to, being interviewed and photographed.

1.6       Standard terms and conditions of travelling with P&O will apply, including any applicable age restrictions and vaccination and testing requirements. See Booking and Travel Conditions at https://www.pocruises.com.au/plan/how-to-book/book-travel-conditions which passengers will be bound by.

1.7       The winner must provide valid identification to P&O. The winner or a travelling companion must be over the age of 18 (subject to applicable age restrictions). Alcohol consumption and gambling onboard are restricted to passengers aged 18 years of age or older. A credit card imprint or cash deposit will be required from the winner at check-in in order to board the cruise ship, for all incidental charges.

1.8       P&O may require the winner to sign a waiver of liability and indemnity in the form determined by P&O in its absolute discretion.

1.9       P&O accepts no responsibility for any tax implications that may arise from the incentive. Independent financial advice should be sought.

1.10     As a condition of accepting the Prize, the winner must sign any legal documentation as and in the form required by P&O in their absolute discretion, including but not limited to a legal release and indemnity form.

1.11      P&O collects personal information of the winner in order to administer the Prize and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and suppliers in the United States and, as required, to regulatory authorities in Australia, New Zealand and the ports of call on the cruise itinerary. P&O 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 winner in accordance with its Privacy Policy available here: https://www.pocruises.com.au/business/privacy-policy.  Entrants should direct any request to opt out, access, update or correct information to P&O.

1.12     The laws of NSW apply to this promotion to the exclusion of any other law. The winner submits to the exclusive jurisdiction of the courts of NSW.

1.13     Nothing in these P&O 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, P&O (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion or a prize.

1.14      Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, P&O (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:

(a) any technical difficulties or equipment malfunction (whether or not under P&O’s control);

(b) any theft, unauthorized access or third party interference;

(c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by P&O) due to any reason beyond the reasonable control of P&O;

(d) any variation in prize value to that stated in these P&O Terms and Conditions;

(e) any tax liability incurred by a winner or entrant; or

(f) taking/use of and/or participation in a prize.