Contest: This Playground Challenge (“Contest”) is conducted by QK Technologies Pty Ltd (QK) ACN 119 998 122, L3 / 520 Bourke Street, Melbourne VIC 3000 (“Promoter”). Playground is a platform and app provided by the Promoter that is available to early learning centres (“Centre”). Playground allows Centre staff to observe, track and document a child’s health and learning and complete programming and planning tasks.
Eligibility: This Contest is only open to residents of Australia aged eighteen (18) or over and who are existing Playground users as of their date of entry. Directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter are ineligible to participate in this Contest.
Agreement to Terms: Instructions and information on how to enter form part of these Conditions of Entry. Participation in this Contest constitutes acceptance of these Conditions of Entry. Entrants represent and warrant that they meet the Eligibility requirements. The decision of the Promoter is final, and no correspondence will be entered into. Entrants submitting an entry on behalf of a Centre must have all relevant approvals to do so and agree to these requirements on behalf of the relevant Centre.
Submission Period: Entries will be accepted from 12:01 am on 20 July 2023 (AEST) until 11:59 pm on 10 August 2023 (AEST). Entries must be received before the end of the Submission Period.
How to Enter:
During the Submission Period, entrants must:
Create a unique design with Canvas, Tables or Documents in Playground (“Design”);
Designs must comply with the “Contest Guidelines”, detailed in section 6 of these Conditions of Entry.
Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant.
Entrants may only submit one (1) entry. There can be more than one (1) entry per Centre, provided that each entry is unique and submitted by a different entrant.
By submitting an entry into this Contest, entrants acknowledge and agree that ownership of a winning Design may be assigned from the Winner to the Promoter and that the Winner may need to enter into an intellectual property assignment in respect of the winning Design, in favour of the Promoter.
The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error, including (without limitation) costs incurred. Entrants who enter using multiple user accounts or aliases may be disqualified. Entrants and Centres are responsible for their own costs associated with accessing the Internet.
Contest Guidelines:
Entries must comply with the following Contest Guidelines. Any entry that does not comply with the Contest Guidelines will be deemed invalid and ineligible to enter this Contest.
Entries must:
Not contain violence or promote discrimination against any individual or group or otherwise contains content that, in the view of the Promoter, is inappropriate;
Be submitted in PDF form;
Not contain any image, video or voice of any other person without that person’s express consent; and
Not contain any content that contravenes the law.
In the event the Promoter deems in its absolute discretion that any or all entries are incomplete or not in accordance with these Conditions of Entry or Contest Guidelines or are otherwise deemed to be unsuitable, the Promoter reserves the right to disqualify such entries and not choose any winning Design or to determine any Finalists or Winner.
Finalist and Winner Determination:
Finalists: Up to a maximum of three (3) valid Design entries, received during the Submission Period, will be determined as Finalists by the Promoter, in accordance with these Conditions of Entry and Contest Guidelines.
Winner: Of the three (3) Finalists, the Promoter will determine one (1) Winner.
This Contest is a game of skill; chance has no part in determining a Finalist or Winner.
The Promoter will choose the Finalists and Winner Designs based on each entrant’s storytelling and the quality of the Design.
Prizes:
Each of the three (3) Finalists will:
Have their Design featured in the Promoter’s communications, including in its emails, on its social media channels (Facebook, Instagram and LinkedIn) and the QikKids Website; and
Receive an AUD$200 Visa gift card. The gift card will be sent to Finalists on or before 11:59 pm on 15 October 2023 (AEST).
The Winner will:
Have their winning Design featured in the Promoter’s communications, including in its emails, on its social media channels (Facebook, Instagram and LinkedIn) and the QikKids Website; and
Receive an AUD$5,000 gift voucher or credit from Bellbird Kid-Z Educational Resources (ABN 52 006 761 495) to be used for purchases towards their Centre. The Bellbird Kid-Z Educational Resources gift voucher or e-credit will be set up for the Winner and their Centre on or before 11:59 pm on 15 October 2023 (AEST).
If a prize or any element of a prize is unavailable for any reason, the Promoter may substitute for that prize or element of that prize another item of equal or higher value as determined by the Promoter.
Acceptance of a prize constitutes permission for the Promoter to use the Finalists’ and Winners’ names, likenesses and Entries for purposes of advertising and trade without further compensation.
Prizes are not transferable or exchangeable and cannot be redeemed for cash. If, for any reason, a Finalist or Winner does not use an element of a prize, then that element of the prize will be forfeited, and cash will not be supplied instead.
Winner Notification:
The Centre where the Finalists and Winner work at will be notified via email within forty-eight (48) hours of the Promoter’s decision date.
Finalists will be announced on or before 30 August 2023, and the Winner will be announced on or before 30 September 2023.
To the extent permitted by law, the Promoter shall have no liability for:
Any Finalist’s or Winner’s failure to receive notices due to spam, junk email or other security settings or for the Finalist’s provision of incorrect or otherwise non-functioning contact information;
Any Finalist’s or Winner’s inability to receive or participate in any prize component.
If, after making all reasonable attempts, the Promoter cannot contact a Finalist or Winner within a reasonable time, that entry will be deemed invalid, and the Promoter will determine the next best valid entry in accordance with the Contest Guidelines as are necessary to distribute the relevant prize.
Other:
By submitting an Entry, entrants:
Understand and consent to the Promoter, anyone acting on behalf of the Promoter and the Promoter’s licensees, successors and assigns, having the right, where permitted by law, to copy, print, publish, broadcast, distribute and use in any media or otherwise exploiting the entry and any rights in relation to the entry for any other purposes now known or hereafter developed, in perpetuity and throughout the World, without limitation, your Entry, first name, and statements about this Contest, for news, publicity, information, trade, advertising, public relations and promotional purposes without any further compensation, notice, review or consent.
Represent and warrant that their Entry is an original work of authorship by them and does not violate any third party’s proprietary or intellectual property rights. If an Entry infringes upon the intellectual property right of another, the relevant entrant will be disqualified at the sole discretion of the Promoter. If the content of an Entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, that entrant shall, at their sole expense, defend or settle against such claims.
Grant the Promoter a worldwide, royalty-free, perpetual, irrevocable, transferrable licence (with a right to sublicense) to use their entry (including their photograph) submitted as part of this Contest for any purpose;
Permit the Promoter to edit, adapt and alter all entries for inclusion on its communications, including in its emails, on its social media channels (Facebook, Instagram and LinkedIn) and the QikKids Website;
Acknowledge that their entry and their name may be made publicly available by the Promoter (at its absolute discretion) and will be accessible to the general public to view;
Warrant that they own or have the right to license the copyright in any entry submitted by them into this Contest, for the purposes of this Contest, 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 Contest, 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);
Warrant that any person featured in any photograph/video has consented to the entrant submitting that photograph/video into this Contest;
Warrant that their entry does not include any content that contravenes any law, infringes the rights of any third party, is obscene, offensive, discriminatory, indecent, otherwise objectionable or inappropriate or makes any improper or inappropriate invasion of the privacy of any person. Without limitation, entrants must not include any content that involves nudity, malice or which may be defamatory or in contempt of court;
Warrant that their entry does not include any literary, dramatic or artistic work, or any other item in which copyright subsists, unless the entrant is entitled to do so;
Warrant that their entry contains no virus or other computer code or material embedded in it which may have a negative impact on any network or third-party computer systems; and
Warrant that all persons appearing in their photograph/video are 18 years of age or older or, if any person is under 18 years of age, that their parent’s or guardian’s consent has been provided.
Each entrant may receive a return via email, SMS, direct message or online notification confirming their successful entry into this Contest. By entering this Contest, entrants consent to receiving this electronic message.
The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible entries, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise.
All gift cards awarded are valid until the expiry date specified on the gift card or by the prize provider and are subject to any terms and conditions imposed by the prize provider. The Promoter is not liable for any gift card that has been lost, stolen, forged, damaged or tampered with in any way once awarded.
The Promoter may require the Finalists or Winner to provide proof of identity, proof of employment, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this Contest by any person (including without limitation the Finalists or Winner) who tampers with or benefits from any tampering with the entry process or with the operation of this Contest or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this Contest, is contrary to law or is otherwise inappropriate.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Contest or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth).
The Promoter may communicate or advertise this Contest using Instagram, Facebook or any other social media platforms. However, this Contest is in no way sponsored, endorsed or administered by, or associated with these platforms. Entrants are providing their information to the Promoter only and not to these platforms. Each entrant completely releases all social media platforms from any and all liability.
The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this Contest involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST-inclusive market values.
Privacy Policy:
The Promoter collects information from entrants (such as name, email, phone number, Playground design and caption and any other details provided in entering this Contest) in order to conduct this Contest and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers to assist in conducting this Contest. Entry to this Contest is conditional on providing this information. This section should be read in conjunction with the Promoter’s Privacy Policy, which explains how it collects, stores and uses personal information, which also sets out your data protection rights, including access and correction and how you may complain or raise a query about our handling of your information. Depending on entrant’s location, information may be disclosed by the Promoter outside your jurisdiction as contemplated in these Terms. The Promoter is bound by the Privacy Principles in the Privacy Act 1988 (Cth). Please see the Promoter’s Privacy Policy for further details.
