CREATE YOUR MARK FOR A BRIGHTER FUTURE CREATIVE COMPETITION: TERMS AND CONDITIONS

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is A.W Faber-Castell (Aust) Pty Ltd, ABN 40 000 512 130, of 15 Gibbon Road, Winston Hills NSW 2153 (the “Promoter”).

Who can Enter?

3. Entry is only open to all Australian primary school students and teachers. Entrants under 18 years of age must have a parent’s or guardian’s consent to enter, and such parent or guardian must sign such documentation as provided by the participating school to confirm such consent upon request.
4. Employees and immediate families of the Promoter and their related entities and associated agencies are not eligible 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 first cousin.

How to ENter

5. Promotion commences at 5. 12.01am AEST on 18/07/2023 and closes at 11.59pm AEST on 25/09/2023 (“Promotional Period”).
6. To enter entrants must undertake the following during the Promotional Period:

Student Entry Method:

6. a) Dream – Your brighter future. All entries must be inspired by the theme “Create you Mark for a Brighter Future”. Lesson plans are available to guide entry on this theme, but it is not compulsory that they be used.
6. b) Create – your handmade artwork using Faber-Castell products. Your creations must be A4 or A3 in size to be accepted.
6. c) Share – Upload and submit your entry using the competition microsite www.createyourmark.com.au. Teachers are permitted to upload on behalf of students using the teacher entry form on the competition microsite.

Entrants are encouraged to follow @fabercastellaustralia on Instagram and/or Facebook to stay up to date with the latest #createyourmark news and creative inspiration. This step is not mandatory for entry.

Teacher and Class Entry Method:

Using the teacher entry form on the competition microsite at www.createyourmark.com.au, entrants submit a response in 25 words or less to the question: “Why is it important for students to learn and dream about a brighter future?”. Entrants for this prize must be Australian primary school teachers.

7. The Promoter’s decision is final and no correspondence will be entered into.
8. Entrants can enter as many (unique) artworks into the competition as they wish, ensuring each of their entries comply with entry requirements as specified in clause 6 (a)-(c) above.
9. 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 citizenship, and place of work) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, provided false information, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
10. Incomplete or indecipherable entries will be deemed invalid.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. The Promoter will select the best entries based on creative merit during the Promotional Period. This is a game of skill and chance plays no part in determining the winners. The Promoter will select a number of reserves in the event that original winners are deemed ineligible or otherwise cannot participate in the Promotion. The winners will be notified by email or phone contact with their School, according to the contact information provided on entry.
13. The judging will take place at Faber Castell Australia Head offices at 15 Gibbon Rd, Winston Hills NSW 2153, on October 9th 2023 at 10 am AEST.
14. There are a range of prizes for this competition as follows
14. a. Student Age Category Winners (3 prize categories):
• i. The best student entry for each age category (Kindergarten/Foundation – year 2, year 3-4 and year 5-6), as determined by the judges, will each win a Faber-Castell prize: Faber-Castell creative bundle valued at up to $500 (RRP) & and $150 Gift Voucher Card.
• ii. A runner up for each age category (Kindergarten/Foundation – year 2, year 3-4 and year 5-6), as determined by the judges, will each win a Faber-Castell prize: Faber-Castell creative bundle valued at up to $300 (RRP)
14. b. Teacher and Class Prize: Awarded to the class with the most inspiring selection of entries! (Based on the effort and creativity shown across entries, not the number of entries submitted).
• i. Faber-Castell activity set for every student in the class (max 45 sets, valued at $400 RRP)
• ii. For winning teacher: Faber-Castell giftpack (valued at $100 RRP) + $150 Visa voucher.
14. c. School Prize: Awarded to the Australian primary school with the most competition entries!
• i. Prize: Schools choice of up to $1500 RRP worth of Faber-Castell products, chosen from a product list provided to them by promoter.

The exact content of Faber-Castell bundles will be determined by the Promoter at their discretion.

To the fullest extent permitted by law, the Promoter shall not be responsible for and cannot be held liable for any element of the prize which is delayed or lost in transit or any other occurrence that is out of the reasonable control of the Promoter.

General

15. If, for any reason, a winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and cash will not be awarded in lieu.
16. If any prize (or part of any 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.
17. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
18. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
19. Entrants consent to the Promoter 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
20. Any cost associated with entering the promotion, or any promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
21. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion modify, cancel, terminate or suspend the promotion, and/or recommence it from the start on the same Terms and Conditions.
22. To the extent permitted by law, the Promoter and/or its associated agencies and companies, will not be liable for any damages, misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
    22. a) during the entry process or winner determination process;
    22. b) in the acceptance, participation or use of any element(s) of the prize;
    22. c) as a consequence of late, lost, failed, delayed, inaccurate or misdirected entries or other communications;
    22. d) due to the broadcast of any program relating to the promotion, or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; and/or
    22. e) arising from or related to any problem or technical malfunction (including security or data breaches) of any Internet, software, or telecommunications related to or resulting from participation in this promotion.

23. The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available.
24. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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) acceptance or use of the prize.
26. It is a condition of taking the prize that the winner may need to sign a legal release and indemnity in a form determined by the Promoter.
27. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.faber-castell.com.au/legal/data-privacy. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.