MTV Optus One80 Promotion - Terms and Conditions

1. Instructions on how to enter form part of the conditions of entry. By participating Entrants agree to be bound by these conditions.
2. The Promoter is MTV Networks Australia Pty Ltd of Ground Floor 4-16 Yurong Street, East Sydney, NSW 2010 ACN 107 601 418 (“Promoter”).
3. Entry is only open to Australian residents aged 15 years or over. Employees and their immediate families of the Promoter, Optus Administration Pty Ltd, LG Electronics Australia Pty Limited, suppliers and associated companies and agencies are not eligible to enter.
4. The Promoter reserves the right to verify the validity of entries and to disqualify any Entrant who the Promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these terms and conditions.
5. The competition entry period commences at midday (AEST) on 15th September 2008 and closes at 23:59pm (AEST) on 10th November 2008.
6. The competition voting period commences at midday (AEST) on 17th November 2007 and closes at 23:59pm (AEST) on 30th January 2009.
7. The competition Event and major prize winner announcements will take place between 8:00pm and 11:00pm (AEST) on 1st February 2009.

Submitting Entries

8. To enter, an Entrant must submit a completed Entry Form downloadable from www.one80project.com.au (Website). The entrant must also submit a pilot episode (Pilot) of not greater than 3 minutes duration (including any opening and closing credits) that relates to the submitted Entry Form.
9. The entry must be suitable for watching via the following platforms: Mobile Phone, Internet, Television.
10. The Entry Form and Pilot submitted as an entry must be for a production that fits the definition of ‘drama’ as defined by the Australian Communications and Media Authority. For the purpose of this competition, drama means:
1. A program that:

a)            has a fully scripted screen play in which the dramatic elements of the characters, theme and plot are introduced and developed to form a narrative structure; or
b)            has a partially scripted screenplay in which the dramatic elements of character, theme and plot are introduced and developed to form a narrative structure and has actors delivering improvised dialogue that is based on a script outline or outlines developed by a writer or writers; or
c)  has actors delivering improvised dialogue that is based on a script outline or outlines, developed by a writer or writers, in which the dramatic elements of the character, theme and plot are introduced and developed to form a narrative structure; and

2. includes a fully scripted sketch comedy program, animated drama or dramatised documentary; but
3. does not include:

a)  a program or a segment of a program, that involves the incidental  use of actors; or
b)  an Australian children’s drama; or
c) advertising or sponsorship matter (whether or not  of a commercial kind).

11. The entry must be submitted to the following address:

OPTUS ONE80PROJECT
MTV Networks Australia
4-16 Yurong St
EAST SYDNEY 2010
NSW

12. The entry must be submitted with an accompanying Entry Form, in the formats as defined in the table below:

13. Subject to these terms and conditions, an Entrant can submit as many Pilots as they like, as long as they conform to the competition rules, and they submit the Entry Forms and corresponding Pilots within the competition timeline. All eligible entries will be posted on the Website. These entries will be accessible by the public.  Entrants’ personal details (not submitted as part of their entry) will not be accessible by the public.
14. Entrants must submit a Pilot made by him/herself or with the express consent of the maker. By entering this competition, the Entrant and the subject(s) of the Pilot consent to the Pilot being communicated on the promotional website and mobile wapsite and used for related press, PR or TV promotions.
15. An Entrant may not submit a Pilot as an entry which constitutes a breach of another person’s privacy or an infringement of another person’s or another company’s intellectual property rights including copyright or trade mark. 
16. Any music incorporated, synchronised or otherwise used in the Pilot, including theme music, must be an original composition, not previously communicated or made available to the public. It is the responsibility of the Entrant to contract with the composer of any musical work included in the Pilot, to enable the proper communication of the Pilot, by the Promoter, by way of all media.
17. By entering this competition the Entrant warrants that the submitted Pilot and the display of the Pilot on the Promoter’s competition website does not constitute a breach of another person’s privacy or an infringement of another person’s or another company’s intellectual property including copyright or trade mark. Any material (including all audio, visual or text) sent by Entrants may be used in any media including online, via the wapsite or on TV at the sole discretion of the Promoter.
18. The Promoter accepts no responsibility for any lost or misdirected entries, or Pilots not received for any reason by the Promoter during the Competition Period, or any delays in the delivery of Pilots for any reason.
19. Any information, photographs, audio-visual or other material provided to the Promoter by an Entrant as part on an entry to this competition will not be returned to Entrants. Entrants are advised to not send original material.
20. By submitting an entry the Entrants agrees that any tapes, files, disks, documents or other physical items included with your entry become the property of the Promoter
21. By submitting an entry, the Entrant agrees (in consideration for the Promoter's review of the entry) that the Promoter has a non-exclusive and worldwide licence to use the entry (including all audio, visual or text) by way of any media for five years from the opening date for entries. Use of the entry may include, but is not limited to, publishing, performing in public, communicating in public and adapting the entry.
22. To the extent permitted by the law, the Entrant consents to the Promoter doing any act or omitting to do any act (including without limitation editing or adapting the entry) in respect of an entry that but for this consent would be an infringement of the Entrant’s moral rights in the entry. The Entrant also agrees to execute any document necessary to give effect to that consent.
23. By submitting an entry you:
1. warrant that you are the maker of the Pilot or have obtained express consent from the maker to submit the Pilot into this competition;
2. warrant that you have obtained express consent from any person appearing in the Pilot;
3. warrant that you have obtained express consent from all composers and copyright owners of any music included in the Pilot
4. warrant that your entry does not breach any intellectual property rights of a third party;
5. warrant that if any subject(s) appearing in the Pilot is aged 18 years or younger, that you have obtained the express consent of the subject’s parent or guardian for the subject’s image to be displayed on the competition website; and
6. understand that a feature of the competition includes a mobile wapsite and that all competition entries may be accessible via mobile phone.
24. Entrants must submit their Pilot according to the timetable below:

THE PROMOTER RESERVES THE RIGHT, IN ITS ABSOLUTE DISCRETION, TO DISQUALIFY ANY ENTRY WHICH IT CONSIDERS DEPICTS OR ENCOURAGES INAPPROPRIATE, OFFENSIVE OR DANGEROUS BEHAVIOUR OF ANY KIND.

25. All valid entries received before the closing date will be subject to a public vote or comment based on the Entrant’s skill level. Pilots will be rated according to a star rating system, and this rating may be displayed publicly on the Website.

Competition Prizes (For people submitting an entry)

26. The top 10 entrants (Finalists) will be judged by the Promoter and announced on 18/11/08.
27. In order to be eligible for the prizes as set out in the Finalists’ Prize table below, the Finalist must agree to their Pilot being shown at the OPTUS ONE80PROJECT Event on 01/02/09.
28. The Finalists may be required to sign a release warranting that they own or control all necessary rights in the pilot necessary to allow the Promoter to exercise the rights referred to in these Terms and Conditions
29. The Finalists will be eligible for the prizes as set out in the Entrant Prize table below.
30. From the Finalists, 2 major prize winners will be selected – 1 winner as selected by a panel of judges as appointed by the Promoter (The Judge’s Choice Winner) and 1 winner based on votes received from the general public (The People’s Choice Winner).
31. The 2 major prize winners will be eligible for the prizes as set out in the Finalists’ Prize table below and will be announced by 01/02/09. Entrant Prize Details.

FINALISTS’ PRIZE TABLE

Voter Prizes (for people voting for chosen finalists)

2. Voting will be open to all Australian residents. Employees and their immediate families of the Promoter and agencies associated with this promotion are ineligible.
3. Voting can be done either via the Website, via Premium SMS to a dedicated competition entry number ‘199ONE80’ (19966380) or on the dedicated Optus wapsite.
4. The cost of each Premium SMS sent will not exceed AUD $0.55.  
5. The voting period, comprising of 11 draws, will commence on 18/11/2008 for a duration of 11 weeks, ending on 30/01/2009. At the conclusion of each week throughout the voting period, one voter will be randomly chosen to receive a Weekly Prize Pack consisting of:
1. 1 x LG Secret Black Label Series Mobile valued at $749.00
2. 1 x LG E500 15.4” widescreen mobile notebook valued at $1429.00
6. Voters can win only one weekly prize for the duration of the voting period.
7. At the conclusion of the voting period, two voters will be randomly chosen from all voters who have voted during the voting period to receive an LG Prize Pack consisting of:
1. 1 x LG Secret Black Label Series Mobile valued at $749.00
2. 1 x LG E500 15.4” widescreen mobile notebook valued at $1429.00
8. Those voters who won a Weekly Prize Pack within the voting period will not be eligible to be entered into the LG Prize Pack draw.
9. The total prize pool for the 13 Voter Prizes promotion is $28,314
10. Winners will be notified by phone call and in writing within 30 days from the draw.
11. The draws will take place at Level 2, 221 Miller Street, North Sydney, NSW, 2060 at the dates and times indicated on the Voter Prize Details table below.

Voting Prize Details

1. If a Prize winner cannot be contacted despite every reasonable effort by 1pm (AEST) on Monday 4th May 2009, the Promoter shall conduct such further draws as may be deemed necessary at Mirror Image Access (Australia) Pty Ltd, Level 2, 221 Miller Street, North Sydney, NSW, 2060 on Monday 4th May 2009 at 3:00pm (AEST) in order to distribute any unclaimed prize. The winner of any unclaimed Prize will be contacted by telephone within 2 days of the prize draw and by mail within 30 days of the prize draw, and their details will be published in the Australian Newspaper on Friday 5th June 2009.

13. This promotion is authorised under permits             SA T08/3835

ACT TP2008/03859
VIC TP08/4203
NSW LTPS/08/09257
General Conditions

14. The judges' decision is final and no correspondence will be entered into.
15. The total maximum prize pool is valued at $98,724 including GST components. The Promoter will not be responsible for any change in the value of a prize. The Promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.
16. Winners of all prizes will be notified via phone call within 5 business days of each draw and by mail within 30 days from each draw.
17. All prizes are non-transferable and cannot be exchanged for cash.
18. Subject to any applicable law which cannot be excluded, the Promoter and its related bodies corporate shall not be liable for any loss, damage or injury suffered or sustained (including but not limited to direct or consequential loss or loss arising from negligence arising directly or indirectly out of or in connection with the promotion or any prize.
19. The Promoter assumes no responsibility for, and the Entrant releases the Promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the Entrant's participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an Entrant's error, any technical problem of any kind including communications or network failure, unauthorized access to, transferring or theft of data, whether caused by the Entrant or associated with the equipment or programming used in the conduct of this promotion. If, because of any such problem, this promotion is not able to be conducted as planned and/or the promotion's administration, security, fairness or integrity are compromised or affected, the Promoter may (where necessary with the approval of the relevant Department) cancel, terminate, modify or suspend the promotion and/or disqualify any Entrant involved in interfering or tampering with the conduct of this promotion in any way.
20. Any costs associated with entering the promotion and accessing the website are the responsibility of the Entrant. Any contact details entered incorrectly on the website shall be deemed invalid. All entries are deemed to be received at the time of receipt by the Promoter NOT the time of sending by the Entrant.
21. 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.  All personal details of the Entrants provided by entering the promotion will be stored at the office of the Promoter.  A request to access, update or correct any information should be directed to that office.  See www.mtv.com.au to view the Promoter’s privacy policy in full. The Promoter will only use your personal details for marketing purposes in the future if you "opt in" to receiving marketing updates when prompted.
22. All Voter Winners’ names will be published in the Australian newspaper on Friday 6th March 2009.