Drone Video Contest 2019 Terms & Conditions.

Thank you for visiting our website. This website is owned by BIRDI PTY LTD (ABN: 64 614 016 929). By entering the contest, you agree to these Terms and Conditions, which include our Privacy Policy.

In these Terms, ‘us’, ‘we’ and ‘our’ means BIRDI PTY LTD (ABN: 64 614 016 929).

1. This contest (Contest) is being run by BIRDI PTY LTD (Level 3, 36 York Street, Sydney, NSW, 2000) (BIRDI) in collaboration with Pexels GmbH (Franz-Schubert-Str. 20, 34277 Fuldabruck) and is sponsored by Canva Pty Ltd (110 Kippax St, Surry Hills, NSW, 2010), together the Promoters.

2. Participation in the Contest is deemed acceptance of these terms and conditions (Terms and Conditions).

3. The Contest is a weekly drone video contest. Each Winner will be selected by a panel of judges and the weekly Winner will be awarded a cash prize of $500 USD (inclusive of all Taxes) (Weekly Prize).

4. There will be a major cash prize of $1,000 USD (inclusive of all Taxes) decided at the completion of the Contest (Major Prize). Only the winners of the Weekly Prizes are eligible to win the Major Prize. The Weekly Prizes and the Major Prize are each a Prize and together with the Prizes.

5. The total Prize pool is $3,500 USD.

6. Winners will be notified by email and announced via social media outlets.

7. The Contest commences on 14 October 2019 and closes at 0800 UT on November 18th 2019 (Contest Period).

8. The Weekly Prize determinations will occur at 1600 Universal Time (UT) on each Thursday after the relevant closing date in clause 9. The Major Prize determination will occur in early December 2019.

9. Entry for each of the Weekly Prizes will close at 0800 (UT) on the following dates:

a. October 18th 2019;

b. October 25th 2019;

c. November 1st 2019;

d. November 8th 2019; and

e. November 15th 2019

(Weekly Prize Closing Dates).

10. Entrants will need to sign up to use BIRDI’s website at https://www.birdi.com.au, and must have a BIRDI login and be registered in the system.

11. Entry is open to entrants worldwide. Entrants under 18 years old must have the consent of their parent or legal guardian to enter. All entries of entrants who are under the age of 18 years and do not have the consent of their parent or legal guardian and who enter the Contest without disclosing or by attempting to conceal their age will be deemed invalid. Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoters are not eligible to enter in the Contest.

12. To enter the Contest, the entrants must, during the Contest Period, complete and submit the online entry form in accordance with the “Instructions on How to Enter” on the upload tab of BIRDI’s website at https://www.birdi.com.au/  (Website).

13. Entrants will be required to provide all mandatory information that may include, but is not limited to, the entrant’s full name, email address and suburb or locality. All entries are final.

14. Online entries: In the event that a dispute arises as to the identity of an online entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoters may ask any entrant to provide the Promoters with proof that such party is the authorised account holder of the email address associated with the entry.

15. All entries need to be taken by a drone. Each entry must be the original work of the entrant.

16. Each entrant warrants and agrees that, in entering into the Contest (including in preparing its entry), it will comply with all applicable laws (including laws relating to the use of drones and privacy) in the relevant jurisdiction where the entrant is located or where it prepares its entry.

17. Multiple Entries: Entrants must enter the Contest in their own name. Multiple entries are permitted, subject to the following:

a. each entry must be substantially unique;

b. each entry must be submitted separately and in accordance with these Terms and Conditions; and

c. the use of automated entry software or other mechanical, electronic or other means that allow an entrant to automatically enter the Contest repeatedly, using the same or similar entry, is prohibited and will render all entries submitted by the entrant invalid.

18. There is no limit on the number of entries that an entrant may submit to participate in the Weekly Prize determinations, however, in order to participate in each Weekly Prize determination, the entrant must submit the entry in each relevant week. For clarity, for an entrant to have a chance of either the first or second Weekly Prize, it needs to submit the entry during the week ending on the date in clause 7.a and then again one entry during the week ending on the date in clause 9.b.

19. Intellectual Property: Entries are restricted to works for which the entrant owns the intellectual property rights (including copyright) or for the use of which the entrant has received the necessary prior permission of the intellectual property rights owner. Entrants are responsible for the resolution of any legal issues arising from their works.

20. Entry requirements: All entries must adhere to the following requirements:

a. Entries cannot feature visible trade marks or likeness to any brands or people and must contain aerial footage taken by a drone.

b. Entries will be accepted in 4K(UHD) and HD footage with preferred resolution at 4096×2160, 1920×1080.

c. File formats that will be accepted are .mov and .mp4.

d. Clips should be between 5 to 60 seconds long and must not exceed 2 minutes.

e. All audio will need to be removed before exporting.

f. Export trimmed footage as H.264 files at a very high-quality setting (“best” quality) or as ProRes 422.

g. Where an entry includes any recognisable people, or artwork or where an entry is filmed on private property, the entrant must provide the Promoters a release from the relevant person, art owner or property owner, in a form approved by the Promoters.

21. The Promoters reserve the right to disallow or invalidate any entries that in their discretion are illegal, harmful to the public order, violate standards of decency or are contrary to the goals of the Contest. Entrants must also hold all applicable rights to the final image, including any retouching or other image processing.

22. All valid entries for the Weekly Prize submitted during each week of the Contest Period will go into the relevant Weekly determination to win the relevant Weekly Prize.

23. The Promoters will appoint a judging panel which will consist of 1 judge for each Weekly Prize and 3 judges for the Major Prize (Judging Panel). The Judging Panel will decide each weekly Winner and the Major Prize Winner, each a Winner and together the Winners.

24. Game of skill: The Judging Panel will determine the Winners on the basis of its judgment (and at its discretion) as to the best quality drone video taking into account the following criteria:

a. general visual appeal;

b. quality of movement;

c. quality of composition;

d. quality of colour grading; and

e. the location.

25. The Contest is a game of skill. As such, the Winners will be selected based on the quality of entries submitted at the sole discretion of the Judging Panel. Chance plays no part in determining the Winners.

26. The decisions of the Judging Panel will be final.

27. No response will be given to any inquiries or claims regarding the judges’ decisions, no correspondence will be entered into.

28. BIRDI will notify the Winners via email within 48 hours of the Judging Panel’s determination.

29. If for any reason a Winner cannot be identified or contacted by BIRDI, or does not accept a Prize within 14 days of notification by BIRDI, then the Prize (or that element of the Prize) will be deemed forfeited and there will not be any re-determination or re-draw of any kind.

30. As a condition of accepting a Prize, each Winner must sign any legal documentation as, and in the form, required by the Promoters and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

31. The Prize will be distributed to the Winner by electronic funds transfer to their nominated bank account. BIRDI will contact the Winner for their bank account details.

32. To the maximum extent permitted by law, the Promoters reserve the right of final judgment concerning items not expressly stated in these Terms and Conditions.

33. Winners are responsible for the payment of any Taxes or fees levied on the Prizes.

34. When an entrant submits any materials via the Contest including an entry and any associated comments, recordings and images (Content), the entrant, unless the Promoters advise otherwise, grants to the Promoters, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, transferable and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media and without any compensation, restrictions on use, attribution or Liability.

35. Each entrant irrevocably and unconditionally consents, as the author of the Content, to the fullest extent permitted by law, to the Promoters’ use or infringement of any moral rights in the Content, including without limitation making any use of the Content without any identification of the entrant in relation to it and making any additions or alterations to the Content.

36. Entrants agree that they are fully responsible for the Content they submit.

37. To the maximum extent permitted by law, the Promoters shall not be liable for, and the entrants waive and release the Promoters from any Liability in relation to, the Content including the Promoters’ use of the Content.

38. The Promoter may remove any Content from the Website and social media without notice for any reason whatsoever.

39. Entrants warrant and agree that:

a. they will not submit any Content that is: unlawful or fraudulent; or that the Promoters 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 legal consent from any person or property that appears in their Content;

c. they will obtain full prior legal consent from any person who has jointly created or has any rights in the Content;

d. the 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.

40. By entering the Contest, entrants consent to the Promoters using their 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 Contest (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoters. The entrant further agrees that they will participate in all reasonable promotional activities in relation to the Contest as requested by the Promoters and their agents.

41. Force Majeure: If this Contest (including performance of this Contest), provision of any Prize, or any obligation under these Terms and Conditions is prevented, restricted or interfered with by a Force Majeure Event, the Promoters reserve the right, in their sole discretion, to the maximum extent permitted by law to; (a) disqualify any entrant; and/or (b) modify, suspend, terminate or cancel the Contest. The Promoters will give public notice of such an event and that the Contest has been modified, suspended, terminated or suspended.

42. Any cost associated with accessing the Websites are the entrant’s responsibility and is dependent on the internet service provider used.

43. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).

44. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoters (including their respective officers, employees and agents) will not be liable for any Consequential Loss.

45. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (and their respective officers, employees and agents) will not be liable to an entrant for, and the entrant indemnifies, holds harmless, waives and releases the Promoters (and their respective officers, employees, agents and the Judging Panel) in respect of any Liability) arising in any way out of or in connection with:

a. any breach of these Terms and Conditions by the entrant;

b. any personal injury or loss;

c. any act or omission of the entrant;

d. the entrant infringing the Promoters’ rights or the rights of any third party (including intellectual property rights);

e. a claim that our use or enjoyment of any part of the Content infringes the rights of any third party (including intellectual property rights);

f. the entrant’s participation in the Contest;

g. any technical difficulties or equipment malfunction (whether or not under the Promoters’ control);

h. any theft of any Prize, unauthorised access to, or third-party interference with, the Contest;

i. 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;

j. any liability for any Taxes incurred in relation to the Prize; or

k. use of a Prize in any way.

46. The Promoters collect personal information from entrants in order to conduct, process and promote the Contest and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors and      service providers. Entry is conditional on providing this information. The Promoters 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. Entrants should direct any request to access, opt-out, update or correct information to the Promoters at:

BIRDI: [email protected]

Pexels: [email protected]

Canva: [email protected]

All entries become the property of the Promoters.

The Promoters’ privacy policies explain how the Promoters collect, store and use personal information:

BIRDI: https://www.birdi.com.au/privacy-policy/

Pexels: https://www.pexels.com/privacy-policy/

Canva: https://about.canva.com/privacy-policy/

47. Although entrants retain the copyright and other equivalent rights to their entries, the Promoters retain the rights listed below under “Promoters’ Rights”.

48. The Promoters reserve the right to report, to appropriate authorities, any Content where the Promoters consider the Content (or the making of the Content) involves or involved any risk to the safety of any individuals, the public or otherwise.

49. The Promoters reserve the right to display the names of the winners and the titles of the winning entries on its websites, exhibitions and in other locations where the works are shown and social media.

50. Entries that in the judgment of the Promoters do not conform to the entry requirements will be disqualified. Entrants will not be notified in this event. In the event that a Winner is disqualified under these Terms and Conditions after a Prize is awarded, the award may be revoked and the entrant must promptly return the Prize or reimburse the Promoters for the Prize.

51. The terms and conditions of entry shall be construed in accordance with the laws of NSW, Australia. Any disputes between entrants and the Promoters will be referred to the courts with jurisdiction where the Promoter is located.

52. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Website, or the information on the Website, or to otherwise undermine the legitimate operations of the Contest may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoters reserve the right to seek damages to the maximum extent permitted by law.

53. Linked Sites: The platform for the Contest may contain links to other websites (Linked Websites). The Promoter does not endorse and is not responsible for the content of any Linked Websites. Any Linked Websites displayed on the platform are for the      entrants’ convenience only and the      entrant agrees to access, use and otherwise deal with Linked Websites at their own risk.

54. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Contest is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, LinkedIn, Facebook, Twitter and Pinterest. If an entrant uses social media to participate in the Contest, the entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users.

55. Capitalised terms have the meanings given to them in these Terms and Conditions, and:

Consequential Loss includes any consequential, indirect or special loss, including any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, worms or trojans, denial of service attacks, tampering, unauthorised intervention or access (including to any servers), fraud, technical difficulties or failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest.

Foreign Indirect Tax means a goods or services tax, value added tax, a consumption tax or similar taxes imposed in a jurisdiction other than Australia.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, an entrant, a Promoter or otherwise.

Taxes means Foreign Indirect Taxes, tax, levy, duty, charge, deduction or withholding, however described, imposed by law or a government agency, together with any related interest, penalty or fine, including in respect of GST, but excluding income tax.

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