TERMS AND CONDITIONS

THE OPTUS MAKE A SCENE PROMOTION

GAME OF SKILL

Information on how to enter and prizes forms part of these Terms and Conditions. Entry into the Optus Make a Scene Promotion (“Promotion”) is deemed to be an acceptance of these Terms and Conditions.
Promotion commences on 1/09/2009 at 9.00am AEST and entries close on 30/10/2009 at 11.59pm AEDST (“Promotion Period”).
Entry into the Promotion is only open to Australian residents who are enrolled in an Australian high school and who are aged 18 years old or younger at the time of entry. (‘Entrants’). By entering this Promotion, Entrants warrant that they have obtained the consent of their parent or guardian to participate.
To enter, Entrants must during the Promotion Period visit www.optus.com.au/makeascene (“Promotional Website”), correctly complete the online entry form and attach a submission in accordance with the criteria outlined in Clause 5 (“Submission”). When completing the entry form, Entrants will have the opportunity to nominate a teacher from their school, as well as the name of any school or local community group that has assisted in the development of their Submission.
Entrants must create an original work such as a drawing, painting, illustration, photograph, mixed media, comic, digital design, screen saver, game or other interactive application based on one of the five Shakespearean phrases below:
1. When the sun sets the earth doth drizzle dew - Capulet, Romeo And Juliet 3.5.127
2. Disguise, I see thou art a wickedness - Viola, Twelfth Night 2:2:26
3. Had I but the means to hold a rival place with one of them - Bassanio, The Merchant Of Venice 1:1:172
4. Thus conscience does make cowards of us all - Hamlet 3:1:83
5. But screw your courage to the sticking-place, And we'll not fail. - Lady Macbeth, Macbeth 1. 5. 43
The Submissions must be uploaded to www.optus.com.au/makeascene in one of the following formats only:
1. Static Image - Jpeg, GIF or a PNG accepted. File size no larger than 500KB.
2. Video - MPEG, AVI, MOV max 10MB, 30 seconds max.
3. Audio - mp3 format only. Acceptable values are "8 kbps", "16 kbps", "20 kbps", "24 kbps", "32 kbps", "48 kbps", "56 kbps", "64 kbps", "80 kbps", "112 kbps", "128 kbps", and "160 kbps". 30 seconds max.
If the original work prepared for the Submission is a not in a digital or photographic format then Entrants are permitted to photograph the work in order to enter their Submission. Entrants acknowledge that their Submission may be published on the Promotional Website.
Any entry using music must be the Entrant’s original composition. Entries must not include any third party content including music, images or sound effects.
When an Entrant submits any Submission, the Entrant, unless the Promoters advise otherwise, license and grant the Promoters, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Submission for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that the Submission is their own work and that they have the full authority to grant these rights.
Entrants agree that they are fully responsible for their Submissions. The Promoters shall not be liable in any way for any Submission to the full extent permitted by law. The Promoters may remove any Submission without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Submission, including the parent or guardian of any person aged under 18; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Submission, to the uses and terms herein; (d) their Submission shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Entrant indemnifies the Promoter for any breach of the above terms.
Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
Incomplete or indecipherable entries will be deemed invalid. Multiple Submissions are permitted, however each Submission must be submitted separately and in accordance with entry requirements.
All valid Submissions received during the Promotion Period will be individually judged based on creative merit, with that judging to be held at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park, NSW 2113.
This is a game of skill and chance plays no part in determining the winner.
Eligible entries will also be posted on www.optus.com.au/makeascene after being assessed for appropriate content for public display. Entries deemed appropriate for public display will be accessible to the general public and will form part of the People’s Choice Award. Voting for the People’s Choice Award will commence on 01/10/2009 and close at 5pm AEDST on 13/11/2009 (“Voting Period”). To vote, individuals must visit the Promotional Website, follow the prompts to the gallery and view their favourite Submissions during the Voting Period. Each view per Submission will be counted as a vote for that Submission. Multiple votes (views) are permitted.
Overall National Prize Winner - The Submission judged to be the most creative and original out of all the Submissions will win an Apple iPhone 3G (16GB) and $5,000 cash. The total prize value of the Overall National Prize to the individual Entrant is $5,799.00. In the event the winning Entrant nominated a school or local community group when submitting their Submission, that nominated school or local community group will be awarded $10,000 cash. For the avoidance of doubt the school or local community group must be nominated on the winning Entrant’s entry form at the time of entry. If the Entrant does not nominate a school or local community group then the $10,000 cash will not be awarded.
Junior Encouragement Award (Audio or Moving Image) for a high school student aged 15 years or younger - the Submission judged to be the second most original and creative out of all the Video (MPEG, AVI, MOV) and Audio (MP3) entries submitted in this age group will win an Apple iPhone 3G (16GB) and $1,000 cash. Total prize value is $1,799.00.
Junior Encouragement Award (Still Image) for a high school student 15 years or younger - the Submission judged to be the second most original and creative out of all the Static Image (Jpegs, GIFS, PNGs) entries submitted in this age group will win an Apple iPhone 3G (16GB) and $1,000 cash. Total prize value is $1,799.00.
Senior Encouragement Award (Audio or Moving Image) for a high school student 16 years to 18 years - the Submission judged to be the second most original and creative out of all the Video (MPEG, AVI, MOV) and Audio (MP3) entries submitted in this age group will win an Apple iPhone 3G (16GB) and $1,000 cash. Total prize value is $1,799.00.
Senior Encouragement Award (Still Image) for a high school student 16 years to 18 years - the Submission judged to be the second most original and creative out of all the Static Image (Jpegs, GIFS, PNGs) entries submitted in this age group will win an Apple iPhone 3G (16GB) and $1,000 cash. Total prize value is up to $1,799.00.
People’s Choice Prize Winner - The Submission that received highest number of valid votes (views) submitted during the Voting Period in accordance with Clause 16 will win an Apple iPhone 3G (16GB) and $2,000. Total prize value is $2,799.00. In the event of a tie, the Promoter will judge the Submissions of the tied Entrants based on creative merit and determine the best Submission in its absolute discretion to be the winner.
If any of the winners are under the age of 18 years when the prize is awarded, the cash component of the prize will awarded to the winner’s nominated parent or guardian. All cash prizes will be awarded in the form of a cheque.
Winners will be notified by phone on 18/11/2009. Judges’ decision is final and no correspondence will be entered into.
Apple iPhone prizes are a handset only. Winner will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.
The total prize value is up to $25,794.00 (inclusive of GST).
In the event that for any reason whatsoever the winner does not take an element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner.
Prizes (including any unused portion) cannot be transferred, exchanged or redeemed for cash. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
The Promoter reserves the right, at any time, to verify the validity of Submissions and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits a Submission that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
Any cost associated with accessing the Promotional Website is the Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Submissions by that entrant invalid.
The winners agree to participate in any news and media/PR activities surrounding the Promotion. The Promoter reserves the right to use each winner’s name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation.
Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Submission or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of any prize.
The Promoter requires personal information in order to conduct the Promotion. If Entrants do not provide the mandatory personal information requested then they will not be able to take part in the Promotion. By entering this Promotion, each Entrant is taken to consent to the Promoter using the Entrant’s personal information to:
1. administer the Promotion;
2. announce the winners;
3. disclose the Entrant’s personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner;
4. advise details of similar competitions conducted by the Promoter in future years; and
5. third parties as required by law (including authorities that regulate this Promotion.
The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the Entrant is taken to consent to the Promoter’s privacy policy. See www.optus.com.au/privacy to view the Promoter’s privacy policy in full. An Entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.
By entering the promotion, unless otherwise advised by the Entrant, each Entrant consents to the information they submit with their entry being entered into a database and the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the Entrant.
The Promoters are
1. Optus Administration Pty Ltd of 1 Lyonpark Road Macquarie Park NSW 2113. ABN 79 055 136 804.
2. The Bell Shakespeare Company of Cleland Bond, Level 1 33 Playfair Street The Rocks NSW 2000 ABN 87 050 055 251.

GAME OF CHANCE

Information on how to enter and prizes forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Promotion commences at 9:00am AEST on 1/9/2009 and entries close at 11:59pm AEDST on 13/11/2009 (“Promotion Period”).
There are two (2) components to this promotion (“Component”). Component 1 is only open to Australian residents who are not eligible for Component 2 and Component 2 is only open to Australian residents who are employed as teachers. Employees (and their immediate families) of the Promoters agencies or companies associated with the conduct of this Promotion, are ineligible to enter.
To enter Component 1 eligible entrants must visit www.optus.com.au/makeascene follow the prompts to the competition feedback page input the requested details and complete the online survey during the Promotion Period. Only one (1) entry is permitted per person into Component 1.
To enter Component 2 eligible entrants must visit www.optus.com.au/makeascene follow the prompts to the competition feedback page input the requested details, including that they are employed as a teacher and complete the online survey during the Promotion Period. Only one (1) initial entry is permitted per teacher into Component 2.
Eligible entrants into Component 2 will receive one (1) additional entry in to the draw for every valid entry submitted in to “The Optus Make A Scene Game of Skill Promotion”. On which they are nominated as that entrant’s teacher. “The Optus Make A Scene Game of Skill Promotion” Terms and Conditions can be located at www.optus.com.au/makeascene.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable or illegible entries will be deemed invalid.
The prize draw for Component 1 and Component 2 will be conducted by an electronic draw that will take place at 5th Finger Pty Ltd, Level 7, Tower Building Australia Square, 264 George Street Sydney NSW 2000 at 11am AEDST on 18/11/2009. The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The prize winner from each Component will be notified in writing by email and by phone. The Promoters will record their address details so that the prize may be awarded. The winners from each Component will have their name published on www.optus.com.au/makeascene and in The Australian on 27/11/09. The Promoters’ decision is final and no correspondence will be entered into.
The first valid entry details drawn at random from all entries received into Component 1 will win an Apple iPhone 3G (16GB)valued at $799.00.
The first valid entry details drawn at random from all entries received into Component 2 will win an Apple iPhone 3G (16GB) valued at $799.00.
Mobile phone prizes are awarded as handsets only. Winners will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.
The total prize value is AUD$1,598.00. Prizes are not transferable or exchangeable and cannot be taken as cash.
If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
A draw for any unclaimed prizes may take place on 18/02/2010 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners’ names (if any) will be published on www.optus.com.au/makeascene and in The Australian on 04/03/2010.
The Prize must be taken as offered and cannot be varied.
In the event that a Prize winner is a person under the age of 18, the Prize will be awarded to the winner’s nominated parent or guardian.
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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised 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 the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a Prize.
All claims and entries become the property of the Promoter. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant’s personal information to administer the Promotion, announce the winners and disclosing the entrant’s personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion). The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter’s privacy policy. See www.optus.com.au to view the Promoter’s privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.
The Promoters are
1. Optus Administration Pty Ltd (ABN 79 055 136 804), of 1 Lyonpark Road Macquarie Park NSW 2113. Telephone (02) 8298 9000; and
2. The Bell Shakespeare Company Limited (ABN 87 050 055 251) of Cleland Bond, Level 1 33 Playfair Street The Rocks NSW 2000. Telephone: (02) 8082 7800 ABN 87 050 055 251.
NSW Permit No. LTPS/09/7115 ACT Permit No. TP09/3075