Terms & Conditions

HOW TO ENTER

To be eligible to enter, participants must:

• Take an image/photo of an original piece of artwork that the individual has created; and
• Visit http://www.footlocker.com.au/ (for Australian entrants) or http://www.footlocker.co.nz (for New Zealand entrants), follow the prompts to the competition entry page, input the requested information, including name and e-mail address, upload their image/photo and submit the fully completed entry form during the promotional period. Uploaded files must be submitted in JPEG or GIF format, must be at a maximum 580 pixels wide, and must not exceed 1.5 MB in size.

HOW TO VOTE

Foot Locker Club Members (including entrants and non-entrants) ("Voters") will be given the chance to visit http://www.footlocker.com.au/ or http://www.footlocker.co.nz, log-in and vote for a picture uploaded by an entrant, during the promotional period. There is a limit of one (1) vote per Voter.

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 aged 18 years or over.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family 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 1st cousin.
4. 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 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.
5. Incomplete, indecipherable, or illegible entries will be deemed invalid.
6. Only one entry permitted per person. Only one vote permitted per Voter.
7. Promotion commences on 12/02/10. Entries close 5.00pm AEDST on 31/03/10. Judging for the top ten (10) finalists will take place on 01/04/10. Voting will open at 17:00PM on 14/04/2010 and closes at 11:59PM on 31/04/10
8. Finalists and winner will be notified by e-mail.
9. The Promoter’s decision is final and no correspondence will be entered into.
10. The top ten (10) valid entrants as judged by the Promoter ("Finalists"), will each have their artwork displayed on www.footlocker.com.au and www.footlocker.co.nz where Voters can then vote for the artwork they believe is the best. The entry with the most votes from the list of Finalists will win:
    • A pair of every style of Nike Air Max 90 sneakers (that are exclusively available from Foot Locker) in the winner’s size for the remainder of 2010. At least four (4) pairs of shoes will be awarded to the winner. The winner will only receive one (1) colour variation of each Nike Air Max 90, regardless of the different colours available. The colour of the sneakers to be awarded will be determined by the Promoter in consultation with the winner and is subject to availability. In the event that an agreement cannot be reached between the Promoter and winner the Promoter reserves the right to select the colour in its absolute discretion; and
    • Have their winning artwork made into a poster to be displayed in Foot Locker stores across Australia and New Zealand. The winner must agree to sign any additional agreement in this regard as may be reasonably required by the Promoter.
11. This is a game of skill and chance plays no part in determining the Finalists. Each entry provided by an entrant will be individually judged based on the creative merit of the artwork image/photo uploaded by the entrant.
12. In the event that two (2) or more Finalists receive the same highest number of votes, the Promoter in its sole discretion will determine which Finalist is the ultimate winner, based on the creative merit of their artwork image/photo.
13. The Finalists will also win the right to have their artwork appear at a showing at a gallery in Australia. The exact time, date and location of the showing will be determined by the Promoter in its absolute discretion. The Finalists and Promoter will liaise regarding the most appropriate method of transporting the artwork to the show, which will be at the Promoter’s expense and discretion. The Finalists will each receive one (1) return economy airfare from winner's nearest capital city (if winner resides in Australia) or from the nearest of Auckland and Christchurch (if winner resides in New Zealand) and 1 night of accommodation. Spending money, meals, taxes, insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The exact accommodation venue and flight details will be determined by the Promoter in its absolute discretion.
14. The trip prize must be taken to coincide with the gallery showing event and is subject to booking and flight availability.
15. The Finalists are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation.
16. The Finalists must depart from and return to the same departure point and travel together.
17. Itinerary to be determined by the Promoter in its absolute discretion.
18. Frequent flyer points will not form part of the prize.
19. Prize is subject to the standard terms and conditions of individual prize and service providers.
20. Finalists may be required to present credit card at time of accommodation check in.
21. Subject to the terms and conditions of the participating prize provider(s), if for any reason a winner does not, once the prize has been booked, take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.
22. If a Finalist resides within the same state/territory as the gallery event or for any reason is unable to attend the gallery event, the airfare component of the prize will be forfeited and not redeemable for cash.
23. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.
24. 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.
25. If the prize (or part of the 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.
26. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
27. When an entrant submits any materials via the Promotion including comments, recordings and images ("Content"), the entrant, 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 agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
28. Entrants 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 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 third party 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.
29. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms.
30. 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 agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant 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 agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
31. Entrants 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.
32. 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.
33. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
34. 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.
35. 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/voting 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/voter. Entrants/voters should direct any request to access, update or correct information to the Promoter. All entries/votes become the property of the Promoter.
36. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
37. The Promoter is Foot Locker Australia Inc (ABN 22 619 093 977) of 16 Terrace Place, Murarrie, Queensland 4172.