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TC Terms, conditions and other finer details about the Propeller

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Information on how to participate and the Prize (defined below) form part of these Terms and
Conditions. Participation in this Propeller Promotion (“Promotion”) is deemed acceptance of
these Terms and Conditions. This Promotion is not valid in conjunction with any other offer.
The Promotion commences at 31st March 2014 and closes at 31st March 2015 (“Promotional
Period”) or as extended by the Promoter.
For the purpose of these Terms and Conditions:
"EFT" means an electronic funds transfer to the bank account nominated by the
Participant (defined below) in accordance with these Terms and Conditions;
"Grant Agreement" means the agreement entered into between the Promoter and each
Winner (defined below);
"immediate families" 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;
"Prize" means a grant of up to AUD $500.00, or such other amount determined by the
Sponsor and the Promoter in their sole discretion, to be used to assist in funding the
project the subject to the Participant's Entry (defined below);
"Promoter" means The Foundation for Young Australians ABN 26 092 744 968;
"Sponsor" means Samsung Electronics Australia Pty Ltd ABN 63 002 915 648; and
"Supplementary Material" means the information provided to the Sponsor and/or the
Promoter in accordance with sections 7 and 9.c in these Terms and Conditions.
To enter, participants must, during the Promotional Period:
be an Australian resident aged between 12 and 26 years (inclusive) and not an
employee of the Promoter, Sponsor or any participating agency associated with this
Promotion, or an immediate family member of the same;
if a participant is under 18 years of age, obtain the consent of their parent or legal
guardian to enter the Promotion in accordance with these Terms and Conditions and
provide personal information about themselves;
go to ("Propeller Website") and:
complete the online entry form, including by providing the participant's
full name, date of birth, residential address, contact telephone number
and email address; and providing details of the participant’s idea for a
community project, which responds to a social or environmental issue
Acknowledge and agree to these terms and conditions
(together, an "Entry")
Each participant who meets the above requirements will be an eligible participant
Participants may enter this Promotion once only in a twelve month period.
Each Entry must:
be the original, independent creation of the Participant (and, without limitation, must not
be the work of a parent or teacher) that has not previously been published in any form
in any country in the world;
comply with the specifications set out on the Propeller Website, including, without
limitation, contain a project which will be youth-led, have a social or environmental
focus, demonstrate local impact, have community networks and support;
not be defamatory, racist or offensive in any way and not seek to convert or recruit
young people to a religious faith or require or invite young people to register for a political
be suitable for a person of any age to view and must comply with all laws and regulations
in Australia, including the Copyright Act 1968 (Cth);
be free from any claims, including copyright or trademark claims, by other parties; and
not include or make reference to the intellectual property rights of any person including,
without limitation, any visible logos, drawings, phrases, music or copyrighted material
that identifies a brand or other third party materials, unless the Entry is submitted with
the written consent of the owner of the applicable intellectual property rights.
If the Promoter or the Sponsor require any additional information regarding a project set out
in an Entry or to verify the validity of an Entry, the Promoter will inform the Participant via the
email address or phone number nominated in the Entry. The Promoter and the Sponsor
reserve the right to disqualify any Participant who submits an Entry which does not comply
with these Terms and Conditions. Failure by the Promoter or the Sponsor to enforce any of
their rights at any stage does not constitute a waiver of those rights.
Participant’s Entries will be reviewed on a monthly basis and selected, by the Promoter at 2127 Somerset Place, Melbourne, Vic 3000, based on the extent to which the project meets
criteria which is described in clause 6 above and will each be awarded the Prize (each a
A Prize will be awarded to each Winner on the condition that:
the Winner (or, if the Winner is under the age of 18, the parent or legal guardian of the
Winner) completes, signs and submits a Propeller Fund Agreement including providing
bank account details. Failure to sign the Propeller Fund Agreement to the satisfaction
of the Promoter in the manner and timeframe required will result in the Entry being
deemed invalid;
the Winner commences, or continues, the project explained in the Entry within six (6)
months of receipt of the Prize and uses the Prize for this purpose only; and
the Winner provides two (2) project updates to the Promoter, one six (6) months and
the other twelve (12) months from the date the Prize is received, detailing the progress
of, and expenditure on, the project nominated in the Entry Form in a format specified by
the Promoter; and
the Winner participates in marketing activities associated with the Promotion from time
to time and acknowledges the Promotion in public relations or promotional activities
associated with the Winner's Entry.
The Promoter and the Sponsor reserve the right to reclaim any Prize that is not used in
accordance with these Terms and Conditions.
The decision of the Promoter, or any judge appointed by the Promoter, is final and no
correspondence will be entered into.
Winners will be notified by email and/or phone within one (1) month of submitting their
application via the phone number and email address nominated in the Entry. The Winners of
the Promotion will also be published on the Propeller Website.
If a Winner cannot be contacted by phone or email within one (1) month of submitting their
application, is not able to satisfy these Terms and Conditions, or forfeits or fails to accept their
Prize within one (1) month after being notified of being successful , then they will be deemed
to have forfeited their entitlement to their Prize. In those circumstances, an additional Prize
may be awarded at the discretion of the Promoter.
Payment of the Prize will be made in one instalment, or as otherwise determined by the
Promoter and the Sponsor in their sole discretion. The Promoter will arrange for the Prize to
be awarded to the Winner within sixty (60) days of notifying the Winner via EFT to the
nominated bank account. If a Winner is under 18 years of age, the nominated bank account
must be that of their parent or legal guardian.
EFT payments will only be made into an Australian bank account. Without limiting clause 22,
neither the Promoter or the Sponsor are liable for any EFT payment not being made to or
received by a Winner because the Winner (or their parent or legal guardian) does not hold an
Australian bank account.
It is the responsibility of each Winner to provide the correct contact details on the Entry Form
and correct bank account details on the Propeller Fund Agreement, and notify the Promoter
of any changes in order to receive its Prize.
Each Participant warrants and undertakes to the Promoter and the Sponsor that the Entry
submitted is an original work of the Participant that does not infringe the rights, including
intellectual property or privacy rights, of any third party. Participants consent to any use of their
Entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
All Entries and Supplementary Materials submitted remain the property of the Recipient.
Any costs associated with visiting the Propeller Website and registering an Entry are the
Participant's responsibility and dependent on the internet service provider used. The Promoter
and the Sponsor make no guarantee of 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
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 or
the Sponsor, including but not limited to, technical difficulties, unauthorised intervention or
fraud, the Promoter and the Sponsor reserve the right, in their sole discretion, to the fullest
extent permitted by law to: (a) disqualify any Participant; or (b) subject to any written directions
from a regulatory authority, modify, suspend, terminate or cancel the Promotion, as
Subject to clause 22, the Promoter and the Sponsor (including all officers, employees and
agents of the Promoter or the Sponsor) exclude 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 the project conduct in
accordance with a Participant's Entry, including, but not limited to, where arising out of the
following: (a) any technical difficulties or equipment malfunction (whether or not under the
Promoter or the Sponsor's control); or (b) any theft, unauthorised access or third party
interference; (c) any Prize that is late, lost, altered, damaged or misdirected due to any reason
beyond the reasonable control of the Sponsor or the Promoter; (d) any variation in the Prize
value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Participant;
or (f) use of the Prize.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer
rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation
which may not be excluded, restricted or modified by agreement. If the CCA or any other
legislation implies a condition, warranty or term into these Terms and Conditions or provides
statutory guarantees in connection with these Terms and Conditions, in respect of goods and
services supplied (if any), the Sponsor and the Promoter's liability for breach of such a
condition, warranty, other term or guarantee is limited to (at the Sponsor's election), to the
extent it is able to do so: (1) in the case of supply of goods, the Promoter or the Sponsor doing
any one or more of the following: (a) replacing the goods or supplying equivalent goods (b)
repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent
goods; and/or (d) paying the cost of having the goods repaired; or (2) in the case of supply of
services, the Promoter or the Sponsor doing either or both of the following: (a) supply the
services again; and/or (b) pay the cost of having the services supplied again. To the extent
the Promoter or the Sponsor are unable to limit their liability as set out in the previous
sentence, the Promoter and the Sponsor limit their liability to the extent such liability is lawfully
able to be limited.
The Promoter may, for the purpose of conducting this competition, collect personal information
about you and may contact you to keep you up to date about our other initiatives and
opportunities, however you may always opt out of this communication. In some circumstances
we might disclose personal information about you to third parties, including, but not limited to,
agents, contractors, service providers, travel providers and, as required, any regulatory
authorities but only if it is for non-marketing related activities. FYA is bound by the Privacy Act
1988 (Cth) including the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and
will comply with all privacy obligations under Australian law when dealing with your personal
information. Details of our Privacy Policy, and the protections we have in place for your
personal information are on our website
Nothing in this Agreement constitutes, or will be deemed to constitute, a relationship of
employer and employee between FYA and you, a partnership between the parties, or agent
of the other party for any purpose. You do not have any right or authority to and must not do
any act, enter into any contract, make any representation, give any warranty, incur any liability,
assume any obligation, whether express or implied, of any kind on behalf of FYA or bind FYA
in any way.
The laws of the State of Victoria, Australia, govern this Agreement and the parties agree to
submit to the non-exclusive jurisdiction of courts of that State.
The Promoter is The Foundation for Young Australians ABN 26 092 744 968 of 21-27
Somerset Place, Melbourne, Vic 3000.
The Sponsor is Samsung Electronics Australia Pty Ltd ABN 63 002 915 648 of Quad Samsung,
8 Parkview Drive, Homebush Bay, NSW 2127.
Support is available at:
Phone: 03 9670 5436
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