Terms & Conditions - Competition

 

Get Nood Co with Byzantine Design Competition Conditions of Entry 

    1. By participating in the NoodCo x Byzantine Design competition, each entrant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.
    2. The promoter is NoodCo (ABN 31 166 430 173) of Unit 7/7 O'Malley St, Osborne Park WA 6017, and Byzantine Design (ABN 52 150 094 883) of 238 High St, Windsor. (the “Promoters”).
    3. The Promotion commences at
    4. 12.00am (AEST) on Wednesday, 1 July 2020 and closes at 5:59pm (AEST) on Wednesday, 12 August 2020. .  (“Competition Period”). Entries received after this time will be deemed invalid.
    5. Entry is open to only Australian residents who: a) are living and residing in Australia; b) are over 18 years of age; and c) are a professional, amateur or student designer. Directors, officers, management and employees of the Promoter cannot enter this competition. 

 

ENTRY STEPS 

  1. Entrants must create an original design. This design must be a piece of bathroom furniture (such as vanity, shaving cabinet, etc.). The design must incorporate a Noodco basin. (See the range at https://byzantinedesign.com.au/collections/noodco)

 

Entrants must, during the Competition Period, fill out the form provided on the website with their personal details and their competition entry.

 

  1.  1 - 5 page pdf (file size no larger than 5MB) of furniture design drawings including any additional information that aids in understanding the design (i.e renderings, sketches or models); 
  2. Scanned Mood Board and schedule of finishes describing materials
  3. the entrant's first name, last name, phone number, email address, website (if applicable), postcode and state; and 
  4. up to 100 words explaining the design intent, manufacturing, materials and intended use of the piece of furniture. 
  5. Multiple entries are permitted. Each entry must be submitted separately in accordance with these Conditions of Entry. 
  6. Entries must be received during the Competition Period and will be deemed to be received at the time of receipt by the Promoter, and not the time of transmission by the entrant. 

 

ENTRY CONTENT 

  1. Entries can include, but are not limited to: vanities, shaving cabinets, sideboards, cabinets and bathroom products. 
  2. Designs must incorporate a Nood Co basin

 Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, drawings, designs, images, files, photos and email messages) that entrants submit or use in connection with their entry into this competition. 

  1. Incomplete and ineligible entries will be deemed invalid. Entries will be deemed invalid if they breach these Conditions of Entry, as determined by the Promoter in its sole discretion. 
  2. Entries must be the entrant’s original work and not copied. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter's reasonable satisfaction, the entry will be deemed invalid. 13. Entries must be submitted in English only. 
  3. Entrants must not submit work that has been marketed or publicised prior to the start of this competition. 
  4. Each entrant acknowledges that the entire work is their original creation and that no other person or entity has any right or claim to the work. Each entrant affirms that to the best of their knowledge the work does not infringe on copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any third party. 
  5. An entrant’s entry must not include: a) any image of any other person without that person’s express consent. Entrants warrant that if any such content is included, that person is over the age of 18 and the express consent of the relevant person has been obtained; b) any content that contravenes any law, infringes the rights (including, without limitation, any copyright, trade mark, patent, moral right or other intellectual property right) of any person or is obscene, offensive, defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and c) any literary or dramatic work or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry. 
  6. The Promoter may, in its absolute discretion, edit or modify an entry and may use (or allow others to use) an entry and any rights in relation to the entry, to publicise this competition or for any other purpose. These rights are perpetual, royalty free, world-wide, irrevocable and transferable. For example, the Promoter may publish all or any part of your entry or any amended version of it. The Promoter may also decide not to publish an entry, to cease publication of an entry, or to publish an edited entry. The Promoter agrees that, if your entry is the winning entry, their use of the published work will properly credit you. 
  7. Each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. 
  8. Entrants must ensure their entry does not contain any virus, malware or other malicious or inappropriate computer code or material. 
  9. The winning entrant understands and agrees to assign the manufacturing and distribution rights of their entry to NoodCo and Byzantine Design. For the avoidance of doubt, this does not extend to any intellectual property rights of the entrant in relation to its entry, which remain the property of the entrant at all times. 
  10. The major prize winner understands and agrees to assign copyright of their entry to NoodCo and Byzantine Design (subject to a separate agreement between the winner and NoodCo/Byzantine Design to be entered into after the end of the Competition Period). 

 

JUDGING 

  1. This is a game of skill. A judging panel appointed by the Promoter will review each valid entry and will judge the entries based on their ability to manufacture in Australia, sustainability, originality and creativity to determine the winners. The judges decision is final. Chance plays no part in how the winners will be selected. 
  2. The valid entry judged to be the best in each category (Student/Designer) will win the major prize. 
  3. Winners will be notified by phone or email within 2 weeks of the end date of the competition.
  4. All judging decisions are as determined by the Promoter, in their absolute discretion. If the promoter decides that no entry meets the 5 criteria set out in the design brief, they have, in their absolute discretion, the right to not choose a winner. This will only happen if the entries received are determined by a majority vote of the panel to be of insufficient quality to be manufactured and sold by The Promoter. 

 

PRIZES

  1. The major prize consists of: a) a prize of either $3000 worth of Nood Co basins (for designers winning entry); or a $1500 voucher of NoodCo basins (for the students winning entry) and b) If the major prize winner's work is suitable to the Promoter's brand (as decided by the Promoter in its absolute discretion), the designed product will go into ongoing production with the Promoter (subject to a separate agreement between the major prize winner and the Promoter being entered into governing the manufacture and distribution of the major prize winner's work). The voucher can only be spent on basins by Nood Co.
  2. If the promoter decides to manufacture the winning entri(es), the winner will also receive a professional portfolio pack, naming rights to name the product (must be a suitable name that is approved by the promoter), written credentials, branding association and a launch party (subject to the practicality of hosting such. This will depend on factors such as the residing location of the creator of the winning entry, as well as extraneous factors such as travel/social distancing restrictions imposed by COVID-19 Entrants will be responsible for all travel costs associated with getting to/from the event)
  3. If a prize has not been accepted or claimed by 5pm (AEST) on Monday, 7 September 2020, or if, after making all reasonable attempts, the Promoter cannot contact a winner (or a winner does not contact the Promoter), the relevant entry/ies will be discarded, and the Promoter will select a new winner on Wednesday 9 September 2020. It is a condition of accepting a prize that the winner/s agree to participate in and cooperate with all reasonable media editorial requests, including but not limited to, being interviewed, photographed and filmed and the winner grants the Promoter a perpetual, non-exclusive license to use such footage and photographs in all media worldwide and the winner will not be entitled to any fee for such use. The inclusion of any such footage or photographs (including but not limited to creative control of the feature) will remain with the Promoter at all times. 
  4. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Prizes must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. 
  5. The Promoter is not responsible for any dispute between a winner and any person with whom the winner choose to, or choose not to, share a prize. 

 

GENERAL 

  1. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred. If you enter using automatically generated entries or multiple aliases, you may be disqualified. 
  2. If an entrant or their entry are deemed by the Promoter to breach these Conditions of Entry, their entry (or at the Promoter's discretion, all of their entries) may be discarded. 
  3. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this competition, if the entrant: 
  4. fails to verify their personal details and/or eligibility to enter this competition to the Promoter's satisfaction; 
  5. tampers with or benefits from any tampering with the entry process or the operation of this competition; 
  6. submits an entry which in the Promoters opinion is not in accordance with these Conditions of Entry; 
  7. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or 
  8. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of this competition or the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not waive those rights. 
  9. All entries will be the property of the Promoter (excluding intellectual property rights, other than as permitted by these Conditions of Entry) and will not be returned. 
  10. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter (and/or a medical professional, as relevant to the circumstances) determines, in its absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in a prize, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate. 
  11. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Conditions of Entry, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prizes include any applicable GST. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value. 
  12. If for any reason any aspect of this competition does not run or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the reasonable control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend this competition, or invalidate any affected entries, subject to applicable law. 
  13. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. 
  14. The Promoter's decision in relation to all aspects of this competition is final and no correspondence will be entered into. 

 

LIABILITY 

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth). 
  2. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law). 
  3. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s. Prize/s will only be delivered to bank accounts and addresses in Australia. 
  4. This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability. 

 

PERSONAL INFORMATION AND PRIVACY 

  1. Information provided by entrants will be used by the Promoter for the purpose of conducting this competition. The Promoter may disclose entrant's personal information to companies and agencies connected with this competition, communicating with you or storing data. The Promoter's privacy policy is available at https://byzantinedesign.com.au/pages/privacy-policy