art of giving

"Wishing Tree Appeal - Art of giving (online)" promotion

HOW TO ENTER

1. To be eligible to enter, individual students must:
   1. Obtain permission from their parent/legal guardian or their primary school teacher to enter this promotion; and
   2. Create an original piece of artwork via any one of the following methods: drawing, painting or creating/making a collage illustrating the theme of the spirit of giving (artwork can include a mixture of these mediums).
2. To enter, individual students must then ask their primary school teacher to:
   1. visit www.kmart.com.au/wishingtree (for Australian students) or www.kmart.com.nz/wishingtree (for New Zealand students),
   2. input the requested student's details (including the student's name and the name of the school they attend);
   3. upload a copy of the student's artwork (photographs or scanned copies of original artwork accepted); and
   4. submit the fully completed entry form by 11.59pm AEST (for Australian students) or NZST (for New Zealand students) (whichever is applicable) on 31/08/09.
3. Uploaded files must be submitted in JPG, GIF, PNG, TIF or BMP format and must not exceed 2MB max file size (2000px max width & 2000px max height).
4. Once the entry is received and verified by the Promoter, the entrant's artwork will be uploaded onto the promotional website where the public can vote for their favourite piece of artwork. The entry with the highest number of votes by 5pm AEST for Australian entrants or NZST for New Zealand entrants (whichever is applicable) on 18/09/09 will win a prize.
5. Voters will not be eligible to receive a prize.

TERMS AND CONDITIONS

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian and New Zealand residents who:
   1. are students at an Australian or New Zealand primary school;
   2. have permission from their parent/legal guardian or their primary school teacher to participate; and
   3. create their own original piece of artwork.
3. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age, place of residence and school) 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 will 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.
4. Incomplete, indecipherable or illegible entries will be deemed invalid.
5. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
6. Limit one (1) vote per email address per person per day. Once the voter registers their vote on the promotional website, the voter will receive a confirmation email. The voter must follow the links in this confirmation email to submit their vote.
7. Individual students are not permitted to submit a vote for their own artwork.
8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
9. Promotion commences on 20/07/09 and entries close 11.59pm AEST for Australian entrants or NZST for New Zealand entrants (whichever is applicable) on 31/08/09. The voting period will be from 01/09/09 to 5pm AEST for Australian entrants or NZST for New Zealand entrants (whichever is applicable) on 18/09/09.
10. This is a game of skill and chance plays no part in determining the winners. The entry with the highest number of votes at the end of the voting period will win a prize. In the case of a tie for any prizes, the Promoter will judge the tied entries to determine the winner.
11. The Promoter's decision is final and no correspondence will be entered into.
12. There will be 8 prizes awarded as part of this promotion.
13. Entries will be divided into the following two (2) x Age Category groups:
    1. Junior Age Group
    2. Grade Prep - Grade 4 (for Australian entrants); and
    3. Ages 5 - 9 (for New Zealand entrants).
    1. Senior Age Group
    2. Grade 5 - Grade 7 (or Grade 6 depending on the primary school, for Australian entrants); and
    3. Ages 10 - 12 (for New Zealand entrants).
14. Entries will also be divided into the following two (2) x Countries:
    1. Australia; and
    2. New Zealand.
15. The entry that receives the most votes in Australia and in New Zealand within the Junior Age Category Group, will each win a Nintendo DS Lite console valued at AUD$199.
16. The entry that receives the most votes in Australia and in New Zealand within the Senior Age Category Group, will each win an Apple i-Pod Nano valued at AUD$199.
17. The primary school (as indicated on the entry form) of each of the eight (8) winning entries in accordance with Clauses 15 and 16 (above), will also win AUD$2,500 or NZD$2,500, depending on the location of the primary school, awarded in the form of a cheque to the primary school.
18. The Promoter will contact the winning primary schools by telephone (as indicated on the online entry form). The name of the winning primary schools will be published on the promotional website on 25/09/09 and in The Australian or the New Zealand Herald (depending on location of the primary school) on 13/11/09.
19. The Promoter will contact the winning individual student's parents/legal guardians prior to the prize being awarded, to confirm consent of (a) the winning individual student's participation in this promotion; and (b) the use of the winning individual student's artwork in the "2009 Kmart Wishing Tree Appeal" advertising campaign. Once consent is obtained by the parents/legal guardians, the individual entrants' prizes will be awarded to the winner's nominated parent or guardian.
20. If for any reason a winner does not take an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
21. 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.
22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
23. When an entrant submits any materials via the Promotion including comments, recordings and images ("Content"), the entrant (or their parent/legal guardian), unless the Promoter advises otherwise, licenses and grants the Promoter, its 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 Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants (or their parents/legal guardians) agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
24. Entrants (or their parents/legal guardians) agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants (or their parents/legal guardians) warrant and agree that: (a) they will not submit any Content 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 Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content 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.
25. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms.
26. The Promoter reserves the right to verify whether the artwork submitted with the entry is an original piece of artwork, which has been created solely by the student entering this promotion. In the event that the Promoter believes that any artwork submitted is not the sole creation of the student entering this promotion (i.e. and has been wholly or partly created by the student's parent/legal guardian or another third party), the entry will be declared invalid.
27. All entries (which shall include photographs) submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant (or their parent/legal guardian) agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant (or their parent/legal guardian) warrants to the Promoter that each entry submitted is an original artistic work of the entrant that does not infringe the rights of any third party. The entrant (or their parent/legal guardian) agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants (or their parents/legal guardians) consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
28. Entrants (or their parents/legal guardians) consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
29. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
30. Any cost associated with accessing the promotional website is the entrant's (or their parent's/legal guardian'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.
31. 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 their parent/legal guardian); or (f) use of a prize.
32. The Promoter strongly recommends that students be supervised at all times by a parent/legal guardian or teacher during the creation of the artwork for the purposes of entering this promotion.
33. As a condition of accepting a prize, the winner (and/or their parent/legal guardian) may be required sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
34. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter 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 entrant (or their parent/legal guardian). Entrants (or their parents/legal guardians) should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
35. All votes submitted are subject to verification. The Promoter reserves the right, at any stage, to suspend or invalidate any or all votes for a particular entrant if the Promoter suspects that the votes have been submitted fraudulently. The Promoter reserves the right to verify the validity of votes and voters (including a voter's age, identity and place of residents) and to disqualify any voter that submits a vote that is not in accordance with these Terms and Conditions, or who tampers with the voting process. The use of any automated voting software or any other mechanical or electronic means that allows an individual to automatically vote repeatedly is prohibited and will render all votes submitted by that individual invalid.
36. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants (or their parents/legal guardian) submit to the exclusive jurisdiction of the courts of Australia.
37. The Promoter is Kmart Australia Ltd (ABN 73 004 700 485) of 690 Springvale Road, Mulgrave VIC 3170.