2017 Star Bright Star Light Talent Quest

This year the organisers of the 2017 Carols in the Garden event are searching for some local talent to perform at the annual event.

Beloved by the local community, the Carols in the Garden has been running for over 18 years and draws in excess of 6,000 attendees every year.

If you or someone you know lives locally, is over 18 years in age and would like the opportunity to perform in front of a live audience, then this competition is for you.

To enter, just record yourself performing a Christmas song, upload the video to your Instagram account, follow the Gardens Instagram account (@AustralianBG) and in your post make sure you tag us and include the hashtag #2017Gardenstar. You must also complete the entry form.

The competition opens on 1 October and entries close 31 October, so start rehearsing!

Terms and conditions are below:

1.    These terms and conditions are the competition rules (the “Rules”) for the Garden's Star Light Star Bright Talent Quest (the “Competition”). By entering this Competition, you agree to be bound by these Rules and confirm that you satisfy all of the eligibility requirements below.

2.    The Competition is organised by Royal Botanical Gardens and Domain Trust (“RBG&DT”).

3.    To enter the Competition you must:- upload to your Instagram account a video of you performing a Christmas song (as defined below), you must follow the Australian Botanic Gardens Instagram account (@AustralianBG) and tag the Gardens using @AustralianBG as well as #2017Gardenstar in your post. You must also complete the entry form.

4.    The Christmas song must be relatively well known and not contain any inappropriate language.

5.    Entrants must be either individuals acting in their name and on their own behalf or individuals acting in the name and on behalf of members of a band. All Individuals (including band members) must comply with eligibility requirements pursuant to these Rules. And acceptance to the Rules by the entrant includes acceptance to the Rules by each member of the band. When an entrant is acting on behalf of a band, the entrant must indicate this information in the relevant field of the details form on the Section and such entrant warrants that he/she has obtained the necessary authorisation, releases and consents from each member of the band.

6.    There is no payment to enter the Competition.

7.    Entries may be made from 09.00 on 1 October 2017 (the “Start Date”) and must be made before 23.59 hours, at GMT time, on 31 October 2017 (the “Closing Date”). The sole determinant of time for this purpose of the Competition will be the internet server used by RBG&DT.

8.    The Competition is only open to legal residents of Camden, Campbelltown or Wollondilly Council areas aged 18 years and over. Entrants may be required to submit proof of eligibility. RBG&DT reserves the right to verify any information provided to it by the entrants as well as their date of birth. In the event of any dispute, entries containing an invalid email address or other information will be deemed ineligible.

9.    Directors, officers and employees of RBG&DT and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies are not eligible to enter and to win any prizes.

10.    The winner may be required to perform at the 2017 Carols in the Garden event on Saturday 16 December at the Australian Botanic Gardens Mount Annan as part of the Prize. The winner will also be required to rehearse for the event and will need to be able to make their own way to and from the event and/or any rehearsals.

11.    By entering the Competition, the entrants are responsible for the information they submit and warrant that this information is true, correct and complete. RBG&DT reserves the right to verify eligibility of entrants.

12.    RBG&DT also reserves the right to disqualify any entrant and/or cancel any vote if it has reasonable grounds to believe the entrant or voting visitor has supplied information and/or details that are untruthful, inaccurate or misleading, or if the entrant has failed to abide by the Rules and/or are in breach of the terms in any way whatsoever.

THE PRIZE

13.    The Prize is the opportunity to perform at the 2017 Carols in the Garden event at the Australian Botanic Gardens Mount Annan on the 16 December 2017 (the “Prize”).

14.    The winner must be available during November 2017 (dates/times to be determined) for rehearsal.

15.    The winner will have the chance to perform 1 or 2 times at the event on the main stage.

16.    The Prize does not include transport to and from the event or rehearsals. These costs are the sole responsibility of the winner.

17.    If the winner declared to be a band at the time of entry, the winner may invite a maximum of 4 guests to the event. The guests must be fellow musicians whose attendance is required by the winner as they are part of the winner’s band and perform with the winner. These will be deemed “Eligible Guests”. Any other person, including managers, entourages, and/or friends are not eligible to be guests.

18.    Clause 16 above applies equally to Eligible Guests as it does to the winner.

19.    Prizes are neither transferable nor exchangeable and cannot be taken as cash.

SELECTION OF THE WINNER

20.    The selection of the winner is open to subjective interpretation. The winning submission is based equally on the criteria of quality and relevance.

21.    The criteria for the winner will be: the artistic qualities (vocal and instrumental mastery) and the scenic performance (dynamism, flowing style and charisma on stage).

22.    Initially, after the Closing Date, entrants videos will be considered by the event organizer who will select a proportion of the videos that it considers in its professional opinion and with due regard to clause 21, are worthy of consideration by the judging panel.

23.    The videos produced by the entrants that have been selected will then be considered by an independent panel of judges, who are considered experts, competent to judge the Competition. The panel will shortlist the top entries (in the limit of 10) with due regard to clause 21.

24.    The entries (up to 10) that are shortlisted will then be posted onto the Garden Facebook and Instagram accounts and visitors to those sites will be able to vote for their favourite videos.

25.    Visitors may only vote once for a particular video up to three (3) different videos.

26.    Votes must be made by 23.59 hours (at DST time) on 14 November 2017.

27.     After the date that votes must be received by in clause 26, subject to these Rules, the entrant in the shortlist that entered the video that receives the most votes will be considered by the organiser of the event. If the organiser of the event, in its professional opinion is of the view that that person is suitable to perform at the event that person will win the Competition. The organiser of the event will have with due regard to clause 21 when deciding whether the person is suitable to perform at the event.

28.    If the organiser of the event, in its professional opinion, is of the view that the person with the most votes is not suitable to perform at the event, the next person who receives the next most votes will be considered. Any other consideration will be in accordance with these Rules.

29.    Subject to these Rules, following the above process, the winner will be announced on the Section no later than 16 November 2017.

NOTIFICATION

30.    The winner will be notified to their Instagram account provided at the time of entry. The winner must respond to such notification within five (5) days from the date the notification is sent to him or her. If for any reason the winner cannot be reached after reasonable attempt has been made or if the winner fails to respond or responds after the deadline set forth above, the prize will be awarded to an alternate winner. The selection of any alternative winner would be in accordance with these Rules.

31.    The winner may also waive his/her right to receive a prize and in this case the Prize will be awarded to an alternate winner.

32.    Awarding of Prize is subject to validation and eligibility verification. An entry shall be deemed submitted by the holder of the Instagram account. The winner may be required to provide RBG&DT with proof (i) that the winner is the authorized account holder of the Instagram account associated with the winning entry, and (ii) of any information provided or declaration made by the winner in relation with the Competition or entry.

INTELLECTUAL PROPERTY RIGHTS & USE OF ENTRIES

33.    RBG&DT does not, unless it agrees this with the entrant(s), claim any rights of ownership in the entries. As such, entrants retain ownership of their entry and, although RBG&DT will be able to use entries for use connected with the Competition, they will also have the right to use their entry in any way they choose.

34.    In consideration of RBG&DT agreeing to consider entrants to the Competition, each entrant hereby agrees that RBG&DT (and third parties authorised by RBG&DT) may make any and all entries available on the internet and any other media, whether now known or invented in the future, which may include other internet sites (including social media platforms), mobile, television and/or radio and that entries may be made available with advertising, promotion and/or sponsorship. Entrants grant RBG&DT (and third parties authorised by RBG&DT) a non-exclusive, worldwide, irrevocable license (for the full period of any rights in the entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the entry for such purposes.

35.    RBG&DT does not guarantee to use or otherwise make available any entry. RBG&DT may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to entries and/or votes that appear to be inappropriate, fraudulent, incorrect, illegal or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.

36.    Entrants’ entries and any information submitted by them must be personal to and relate specifically to them (or to the band members in the event of an entry made on behalf of band members). Entrants hereby warrant that their entry and all information which they submit and/or distribute will not infringe, in full or partially, the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing, threatening or inappropriate. If relevant, RBG&DT reserves the right, at its absolute discretion, but not the obligation, to screen, filter and/or monitor information provided by entrants and to edit, refuse to distribute or remove the same.

37.    In consideration of the Prize being attributed to the winner, the winner hereby undertakes to agree, without any additional consideration, that RBG&DT (and third parties authorised by RBG&DT) may:- capture and film by any mean the performance(s) of the winner during the event,- use (pursuant to a non-exclusive, perpetual, worldwide and irrevocable license) the name, image, likeness of the winner and the capture of the performance on the internet and any other media, whether now known or invented in the future, which may include other internet sites (including social media platforms), mobile, television and/or radio and that these may be made available with advertising, promotion and/or sponsorship.

38.    In case of any claim or action by any right owner or third party (i) alleging the work of any entrant to be an infringement of any intellectual property right, or (ii) alleging any infringement to image or publicity right, such entrant shall be solely liable for any such claim or action in any country where it is made.

LIABILITY

39.    By entering the Competition the entrant releases RBG&DT and any of its parent companies, subsidiaries, affiliates, directors, officers, employees, representatives, agents and agencies from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition and will be held harmless by entrants for any claims, liability or cause of action for any injury loss disappointment or damages of any kind to persons, including without limitation property, due in whole or in part, directly or indirectly, from the acceptance of the prize, participation in this Competition.

40.    RBG&DT is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant‚ or any other person, computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude RBG&DT liability for death or personal injury as a result of its negligence.

41.    RBG&DT cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to entries or votes, or entries/votes lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside RBG&DT’s reasonable control.

DATA PROTECTION AND PUBLICITY

42.    The winner will be requested to take part in promotional activity and RBG&DT reserves the right to use the name and address of the winner, their photographs and audio and/or visual recordings of them in any publicity.

43.    The winner will only feature in publicity if they are aged 18 or over at the time of entry.

44.    Any personal data relating to entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the individual‚ prior consent. Data relating to entrants will be retained by RBG&DT for a reasonable period after the Competition closes to assist RBG&DT to operate competitions in a consistent manner and to deal with any queries on the Competition. RBG&DT does not share this information with non-organizers of the Competition except to the extent necessary to complete the uses described above. Such a share is however subject to their agreement to treat it as confidential business information and with the understanding that it may not be used for any purpose other than to perform their function. RBG&DT may disclose personal information in response to legal process, for example, in response to an order from court or governmental body.

JURISDICTION

45.    The Competition and Rules will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia. RBG&DT makes no representation that materials relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the material outside of Australia, you are responsible for compliance with all local laws.

MISCELLANEOUS

46.    Any composition having (or likely to appear as having) an unlawful, political, inappropriate or content contrary to human dignity (racist, xenophobic, revisionist, anti-Semitic, libellous or offensive comments) will automatically and definitely be excluded from the Competition.

47.    RBG&DT reserves the right to shorten, extend, modify, cancel, patch or update the Rules at any time as deemed appropriate, in its sole discretion, without suspending or cancelling the Competition. In such case, its liability cannot be incurred. RBG&DT reserves the right to discontinue the Competition at any time and in such case, its liability cannot be incurred.

48.    In the event there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails, or announcements relevant to this Competition, these Rules shall govern and prevail.

49.    In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, the decision of RBG&DT shall be binding and final and no correspondence or discussion shall be entered into.

50.    This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram.

51.    Instagram is not liable or responsible for anything related to this Competition.

HOW TO CONTACT US

You can contact us in relation to the Competition by writing to: Rebecca Anderson, Visitor Experience Manager, The Australian Botanic Garden at 362 Narellan Road, Mount Annan NSW 2567 or emailing rebecca.anderson@bgcp.nsw.gov.au