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Propeller Fund

  1. Information on how to participate and the Grant (defined below) form part of these Terms and Conditions. Participation in this Propeller Fund Initiative (“Promotion”) is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer.
  2. The Promotion commences at 9:00am (AEST) on 31 March 2014 and closes at 11:59pm on 30 March 2015 (“Promotional Period”), or as determined by the Sponsor and the Promoter in their absolute discretion.
  3. For the purpose of these Terms and Conditions:
    1. "Grant" means a grant of up to AUD$500.00, or such other amount determined by the Sponsor and the Promoter in their absolute discretion, to be used to assist in funding the project set out in the Participant's Entry (defined below);
    2. "immediate family member" 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 first cousin;
    3. "Promoter" means The Foundation for Young Australians ABN 26 092 744 968;
    4. "Propeller Fund Agreement" means the agreement entered into between the Promoter and each Recipient (defined below);
    5. "Sponsor" means Samsung Electronics Australia Pty Ltd ABN 63 002 915 648; and
    6. "Supplementary Material" means the information provided to the Sponsor and/or the Promoter in accordance with sections 7 and 9.c below.
  4. To enter, participants must, during the Promotional Period:
    1. be an Australian resident aged between 12 and 25 years (inclusive) and not an employee of the Promoter, the Sponsor or any participating agency associated with this Promotion, or an immediate family member of the same;
    2. if a participant is under 18 years of age, obtain the consent of their parent or legal guardian to enter the Promotion in accordance with these Terms and Conditions and provide personal information about themselves;
    3. go to www.propellerproject.com.au ("Propeller Website") and complete and submit the online entry form, including by:
      1. providing the participant's full name, date of birth, residential address, contact telephone number and email address;
      2. detailing the participant’s idea for a community project, which responds to a local social or environmental issue; and
      3. acknowledging and agreeing to these terms and conditions, (together, an "Entry").
      Each participant who meets the above requirements will be an eligible participant (“Participant”).
  5. Participants may enter this Promotion once only.
  6. Each Entry must:
    1. be the original, independent creation of the Participant (and, without limitation, must not be the work of a parent or teacher) that has not previously been published in any form in any country in the world;
    2. comply with any specifications set out on the Propeller Website, including, without limitation, contain an idea for a community project which will be youth-led, have a social or environmental focus, demonstrate local impact and have community networks and support;
    3. not be defamatory, racist or offensive in any way and not seek to convert or recruit young people to a religious faith or require or invite young people to register for a political party;
    4. be suitable for a person of any age to view and must comply with all laws and regulations in Australia, including the Copyright Act 1968 (Cth);
    5. be free from any claims, including copyright or trademark claims, by other parties; and
    6. not include or make reference to the intellectual property rights of any person including, without limitation, any visible logos, drawings, phrases, music or copyrighted material that identifies a brand or other third party materials, unless the Entry is submitted with the written consent of the owner of the applicable intellectual property rights.
  7. If the Promoter or the Sponsor require any additional information regarding a project set out in an Entry or to verify the validity of an Entry, the Promoter will inform the Participant via the email address or phone number nominated in the Entry. The Promoter and the Sponsor reserve the right to disqualify any Participant who submits an Entry which does not comply with these Terms and Conditions. Failure by the Promoter or the Sponsor to enforce any of their rights at any stage does not constitute a waiver of those rights.
  8. Entries will be reviewed on a monthly basis by the Promoter at 21-27 Somerset Place, Melbourne, VIC 3000, and those Participants whose Entries best meet the criteria described in clause 6 above will each be awarded the Grant (each a "Recipient").
  9. A Grant will be awarded to each Recipient on the condition that:
    1. the Recipient (or, if the Recipient is under the age of 18, the parent or legal guardian of the Recipient) completes, including by providing the bank account details into which the Grant should be deposited, signs and submits a Propeller Fund Agreement;
    2. the Recipient commences, or continues, the project explained in the Entry within six (6) months of receipt of the Grant and uses the Grant for this purpose only;
    3. the Recipient provides two (2) project updates to the Promoter, one six (6) months and the other twelve (12) months from the date the Grant is received, detailing the progress of, and expenditure on, the project nominated in the Entry in a format specified by the Promoter ("Project Updates"); and
    4. the Recipient participates in marketing activities associated with the Promotion from time to time and acknowledges the Promotion in public relations or promotional activities associated with the Recipient's Entry.
  10. The Promoter and the Sponsor reserve the right to reclaim any Grant that is not used in accordance with these Terms and Conditions.
  11. The decision of the Promoter, or any judge appointed by the Promoter, is final and no correspondence will be entered into.
  12. Recipients will be notified by email and/or phone within one (1) month of submitting their application via the phone number and email address nominated in the Entry. The Recipients of the Promotion will also be published on the Propeller Website.
  13. If a Recipient cannot be contacted by phone or email within three (3) months of being selected to receive a Grant, is not able to satisfy these Terms and Conditions, or forfeits or fails to accept their Grant within three (3) months after being notified of being a Recipient, then they will be deemed to have forfeited their entitlement to their Grant. In those circumstances, the relevant Grant may be awarded to the Participant whose Entry was runner-up, at the absolute discretion of the Sponsor and the Promoter.
  14. The Promoter will arrange for the Grant to be awarded to the Recipient via electronic funds transfer ("EFT") to the bank account nominated in the Propeller Fund Agreement within sixty (60) days of the Recipient, or the Recipient's parent or legal guardian, returning the signed Propeller Fund Agreement to the Promoter. If a Recipient is under 18 years of age, the nominated bank account must be that of their parent or legal guardian.
  15. EFT payments will only be made into an Australian bank account. Without limiting clause 22, neither the Promoter or the Sponsor are liable for any EFT payment not being made to, or received by, a Recipient because the Recipient (or their parent or legal guardian) does not hold an Australian bank account.
  16. It is the responsibility of each Recipient to provide the correct contact details on the Entry and correct bank account details on the Propeller Fund Agreement, and to notify the Promoter of any changes to these details in order to receive its Grant.
  17. Each Participant warrants and undertakes to the Promoter and the Sponsor that the Entry submitted is an original work of the Participant that does not infringe the rights, including intellectual property or privacy rights, of any third party. Participants consent to any use of their Entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
  18. All rights and title in and to the intellectual property in each Entry and Project Update shall be owned by the Recipient. No Entry or Project Update will be returned to a Participant. Each Recipient hereby grants to the Sponsor and the Promoter a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, enhance, improve, distribute and otherwise exploit the Entry and Project Updates, and to use the name and image of the Recipient, for the purposes of the Promotion and the Propeller campaign in any media for an unlimited period for any reason.
  19. Any costs associated with visiting the Propeller Website and registering an Entry are the Participant's responsibility and dependent on the internet service provider used. The Promoter and the Sponsor make no guarantee of the availability of the web services and will not be held responsible for interruption of service that may interfere with the ability to participate in the Promotion.
  20. 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 or the Sponsor, including, but not limited to, technical difficulties, unauthorised intervention or fraud, the Promoter and the Sponsor reserve the right, in their absolute discretion, to the fullest extent permitted by law to: (a) disqualify any Participant; or (b) subject to any written directions from a regulatory authority, modify, suspend, terminate or cancel the Promotion, as appropriate.
  21. Subject to clause 22, the Promoter and the Sponsor (including all officers, employees and agents of the Promoter or the Sponsor) exclude 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 or the project conduct in accordance with a Participant's Entry, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter or the Sponsor's control); or (b) any theft, unauthorised access or third party interference; (c) any Grant that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Sponsor or the Promoter; (d) any variation in the Grant value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Participant; or (f) use of the Grant.
  22. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into these Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Sponsor and the Promoter's liability for breach of such a condition, warranty, other term or guarantee is limited to (at the Sponsor's election), to the extent it is able to do so:
    1. in the case of supply of goods, the Promoter or the Sponsor doing any one or more of the following:
      1. replacing the goods or supplying equivalent goods
      2. repairing the goods;
      3. paying the cost of replacing the goods or of acquiring equivalent goods; and/or (d) paying the cost of having the goods repaired; or
    2. in the case of supply of services, the Promoter or the Sponsor doing either or both of the following:
      1. supply the services again; and/or
      2. pay the cost of having the services supplied again. To the extent the Promoter or the Sponsor are unable to limit their liability as set out in the previous sentence, the Promoter and the Sponsor limit their liability to the extent such liability is lawfully able to be limited.
  23. The Promoter and the Sponsor may, for the purpose of conducting this Promotion, collect personal information about the Participant and may contact the Participant in order to update them about other initiatives and opportunities. Participants may always opt out of this communication. In some circumstances, the Promoter or the Sponsor may disclose personal information about you to third parties, including, but not limited to, agents, contractors, service providers, travel providers and, as required, any regulatory authorities. The Promoter and the Sponsor are bound by the Privacy Act 1988 (Cth) and will comply with all privacy obligations under Australian law when dealing with your personal information. The Sponsor's privacy policy is deemed to be incorporate into these Terms and Conditions and are available at http://www.samsung.com/au/info/privacy.html.
  24. Nothing in this Agreement constitutes, or will be deemed to constitute, a relationship of employer and employee between the Promoter or the Sponsor and a Participant or a partnership or agency relationship between the Promoter, the Sponsor and/or a Participant. You do not have any right or authority to, and must not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation of any kind, whether express or implied, on behalf of the Sponsor or the Promoter or bind the Sponsor or the Promoter in any way.
  25. The laws of the State of Victoria, Australia, govern these Terms and Conditions and the parties agree to submit to the non-exclusive jurisdiction of courts of that State.
  26. The Promoter is The Foundation for Young Australians ABN 26 092 744 968 of 21-27 Somerset Place, Melbourne, Vic 3000.
  27. The Sponsor is Samsung Electronics Australia Pty Ltd ABN 63 002 915 648 of Quad Samsung, 8 Parkview Drive, Homebush Bay, NSW 2127.
  28. Customer promotion support, email: info@propellerproject.com.au phone: 03 96705436