1. General

1.1 The promoter of the COMPETITION is the PROMOTER

1.2 The PROMOTER is producing the television series Australia ByDesign Architecture Series 6 or also called by the name Australia ByDesign.

1.2.1 The PROMOTER’s website www.bydesign.global is directly related and linked to the television series.

1.2.2 Within the television series and on the website, the PROMOTER is running a promotion, the People’s Choice Award.

1.2.3 This promotion will also be featured and promoted on the PROMOTER's social media platforms including but not limited to any and all present or future promotional or media platforms used by the PROMOTER.

1.3 This promotion is sponsored by Cult. As part of sponsorship Cult is offering a prize or prizes for a game of skill within this overall promotion, details of which are described in these Terms and Conditions. The overall promotion described in these Terms & Conditions is referred to as the Cult Peoples’ Choice Award.

1.4 The PROMOTER reserves the right to withdraw or amend the Competition as necessary due to circumstances outside its control.

1.5 By entering this Competition, Entrants agree to be bound by these Terms and Conditions. Information on how to enter and prizes form part of these Terms and Conditions.

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2. Eligibility

2.1 Entry is open only to the Entrants, excluding the Exclusions.

2.2 This Competition will be conducted during the Entry Period. Entries must be received by the Promoter during the Entry Period. Entries received after the Entry Period will not count towards the Competition. The Promoter is not responsible for any late, lost or misdirected entries.

3. Entry

3.1 To enter this Competition, Entrants must complete the Entry, subject to the Limit.

3.2 Entry to this Competition via the Website is free.

3.3 Entry into the Competition occurs only on the PROMOTER’s website. There is no other way to enter the Competition and be eligible for the Prize.

3.4 Entrants must personally and manually submit an Entry using an internet browser. The Promoter reserves the right to reject an Entry if it reasonably forms the opinion that an Entry has been created and/or submitted using automated entry means or a computer entry service.

3.5 To be eligible to win a prize in this Competition, an Entry must not:

a) infringe the intellectual property or other rights of a third party;

b) be incomplete or illegible; or

c) be unlawful, defamatory, abusive, insulting, threatening, obscene, inflammatory, offensive or otherwise contain content which, in the Promoter’s sole discretion, is inappropriate or objectionable.

d) violate in any way policies of an organization or business that the entrant(s) are employed by, affiliated with or own

3.6 The Promoter reserves the right to verify the validity of an Entry and to disqualify an Entrant for tampering with the entry process or for submitting an Entry that does not, in the Promoter’s sole discretion, comply with these Terms and Conditions.

3.7 The PROMOTER reserves the right to disqualify persons, or representatives of businesses or organizations found tampering with or otherwise abusing any aspect of the Competition as solely determined by the PROMOTER. In the event that the PROMOTER’s website or social media platforms are compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of the PROMOTER that corrupts or impairs the administration, security, fairness or proper operation of the Competition, the PROMOTER reserves the right in its sole discretion to suspend, modify or terminate the Competition.

3.8 The PROMOTER will not be responsible for failure to receive submissions to the Competition or other electronic communications due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with the sender or the PROMOTER.

3.9 By participating in the Competition the winner agrees to participate and cooperate as required in all editorial activities relating to the Competition, including but not limited to being interviewed, photographed, videotaped or filmed. The winner agrees to granting the PROMOTER a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the winner (and their companions) will not be entitled to any fee for such use.

3.10 The personal information you have provided to the PROMOTER by completing the Competition entry form may be used for the purpose of administering the Promotion and to contact you if you are the winner of the Competition. This may be by any means of communication including telephone and electronic messages (e.g. email). If the information requested is not provided, you may not be considered an entrant in the Competition.

3.11 All Entries become the property of the Promoter.

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4. Judging

4.1 This Competition is a game of skill, and chance plays no part in determining the winner. All entries will be judged individually on their merits based on the Judging Criteria.

4.2 Judging will take place at the Prize Determination. Entries will be judged by a panel of judges appointed by the Promoter.

4.3 The act of entering or opting into the Competition alone, does not increase in any way an entrant's chance of winning.

4.4 The Entrant who submits the best Entry (as determined by the judges) will win the Prize(s) (Winner(s)). The judges’ decision is final, and the Promoter will not enter into correspondence regarding the result.

4.5 The PROMOTER hereby and categorically states that to the absolute best of its abilities that in no way whatsoever will it or an entity that it has designated, select the winner of the Competition based on any inference of race, ethnicity, gender, sexual orientation or related discriminatory or prejudicial biases

4.6 All entries must be an independent creation by the entrant and free of any claims that they infringe on any third party rights.

4.7 Entries must not have been published previously and/or have been used to win prizes in any other competitions.

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5. Winners

5.1 There will be three (3) Winners selected, one for each prize (i.e. First Place Prize, Second Place Prize, and Third Place Prize)

5.2 The Winner will be notified in accordance with the Notification.

5.3 The Winner must claim the Prize within the Claim Period. The Promoter will not be responsible for any delay, loss or damage to the Prize once it has left the Promoter’s or supplier’s premises.

5.4 If the Winner is unable to comply with these Terms and Conditions and/or does not claim the Prize within the Claim Period, the Promoter reserves the right to award the Prize to the Entrant with the next best Entry (Unclaimed Prize Winner), as determined by the judges at the Unclaimed Prize Determination.

5.5 On acceptance of the Competition Prize, the winner acknowledges that they have read and agreed to any Cult conditions that may apply to the redemption of the prizes.

5.6 The winner of the Competition will be announced publicly via PROMOTER online and media channels, including but not limited to, Australia ByDesign and ByDesign Channel websites, email marketing, Instagram, Youtube, and LinkedIn pages.

5.7 All potential winners are subject to verification by PROMOTER whose decisions are final and binding in all matters related to the Competition.

5.8 Failure to respond to the Email Notification of winning within 48 hours, or failure to fully comply with these Terms and Conditions may result in disqualification, at the sole discretion of the PROMOTER. In the event of disqualification of any potential winner, the Prize will be forfeited by that potential winner and the PROMOTER will select a new potential winner. PROMOTER is not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of PROMOTER. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Terms and Conditions, the PROMOTER may award the applicable Prize to an alternate winner.

5.9 The PROMOTER reserves the right to request the Competition winner signs a winner’s deed of release or any other relevant forms or agreements that the PROMOTER deems necessary, to provide proof of identity, proof of age, proof of residency. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the PROMOTER.

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6. Prizes

6.1 The prize consists of the Prize, valued at the Total Prize Value.

6.2 The Winner’s use of the Prize is subject to:

(a) the Prize Conditions; and

(b) additional terms and conditions imposed by the Sponsor(s) and Supplier(s) of the Prize (if any), with which the Winner must comply.

6.3 The Prize is not transferable, not exchangeable, and not redeemable for cash or other goods or services. The Prize must be taken as a whole and as stated in these Terms and Conditions. No alternative will be provided, and no compensation will be payable if the Winner is unable to use the Prize as such. Per the Prize Conditions, any modifications made to any prize will come at an additional cost to the winner.

6.4 The value of the Prizes is the recommended retail price as provided by the Sponsor (inclusive of GST) and is correct as at the start of the Competition.

6.5 If the Prize becomes unavailable for any reason, the Promoter, in its sole discretion, reserves the right to substitute the Prize with a prize of equal or greater value and/or specification.

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7. Your information

7.1 If an Entrant’s contact details changes between the date of entry and the Unclaimed Prize Determination, the Entrant must notify the Promoter of his/her updated contact details.

7.2 The Promoter is bound by the Privacy Act 1988 (Cth).

7.3 A copy of our Privacy Policy can be found through our Website, https://www.bydesignchannel.com/privacy-policy. By submitting an entry into the Competition, entrants are acknowledging acceptance and agreement of our Privacy Policy.

7.4 Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to conduct the Competition, publicise the name of the Winners and the receipt of such information, and send Entrants marketing, advertising and promotional material.

7.5 By submitting an entry into the Competition entrants consent to receive promotional and other marketing and business development messages from the PROMOTER (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the PROMOTER.

7.6 Entrants’ personal information may be disclosed to third parties who assist the Promoter in conducting this Competition, including regulatory authorities, entities which supply and deliver the Prizes to the Winners, and marketing and communications agencies.

7.7 By entering this Competition, entrants agree to be subscribed to Cult’s database for online marketing and promotional communications. Entrants consent to their name and email address being used for this purpose. Refer to Cult's Privacy Policy for information on how Cult will store and use any information collected.

7.8 The Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions.

7.9 Entrants can contact the Promoter by phone at +1 415 936 6463 or via email at mike@mwcproductions.com to request access to, or corrections of, the Entrant’s personal information held by the Promoter.

7.10 The Winner consents to the Promoter’s use of the Winner’s name, likeness, image, picture, voice, statements, testimonials or quotations for promotional, marketing and publicity purposes in any media worldwide, without any fee being paid to the Winner.

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8. Risk and Liability

8.1 To the fullest extent permitted by law, the Winner participates in this Competition, and uses the Prize, at his or her own risk.

8.2 To the fullest extent permitted by law, the Promoter, its related bodies corporate and the suppliers, agencies and other companies involved in this Competition assume no responsibility for any error, omission, interruption, defect, delay in operation or transmission, or loss or damage to data.

8.3 If this Competition is not capable of running as planned for any reason (including as a result of technical failures, fraud or causes beyond the Promoter’s control), the Promoter may, in its sole discretion, cancel, suspend or change the Competition and re-commence it on similar terms, subject to any directions by regulatory authorities.

8.4 To the fullest extent permitted by law, the Promoter, its related bodies corporate and their respective officers, directors, employees and agents exclude liability for all loss (including loss of data, unauthorised access to data and consequential loss), damage, expenses, death or personal injury suffered or incurred arising out of, or in connection with, this Competition (including in relation to the Winner’s participation in this Competition and use of the Prize).

8.5 To the extent not prohibited by law, the PROMOTER, its associates, affiliates, employees, professional partners as well as Cult, its associates, affiliates, employees, partners are not liable for any injury, loss or damage (direct or consequential) however caused (including by negligence), suffered or incurred in connection with the Competition or the Prize (including the use of the Prize). Any condition or warranty which would be implied by law into these Terms and Conditions is excluded.

8.6 On acceptance of the Competition Prize, the winner acknowledges that they have read and agreed to any Cult conditions that may apply to the redemption of the prizes.