Terms & Conditions
Terms and Conditions – ECO HERO
Please note that this English Language Version of the competition rules (‘the Rules’) is binding.
1. ABOUT THE COMPETITION
1.1 the Award is administered by the Underwater Tour Awards.
1.2 the intent of the Award is to discover and celebrate the many unsung heroes who work selflessly to affect positive impacts on the fabric of their community’s environment. The Award aims to recognise and promote community members whose activities produce tangible outcomes – those who think globally and act locally
1.3 to be eligible, Nominee must also demonstrate that they are individuals of good character standing which supports the intent of the award as outlined in 1.2
1.4 the NOMINATION process commences at 9am (AEST) on 1st December 2020 and nominations close 4pm (AEST) on 28 February 2021 (Nomination Period). The Underwater Tour Awards may, at its absolute discretion, extend the Nomination Period.
1.5 the SUBMISSION process commences 9am (AEST) on 1st March 2021 and submissions close 4pm (AEST) on 28 March 2021 (Submission Period). Underwater Tour Awards may, at its absolute discretion, extend the Submission Period.
1.6 A pool of Semi-finalists will be chosen by the Awards Jury between 9 am (AEST) on 1st of April 2021 and 4pm (AEST) on 14th April 2021 (Selection Period) The Underwater Tour Awards may, at its absolute discretion, extend the Selection Period.
1.7 Finalists will be chosen by way of a People’s Choice Vote that will take place between 9am (AEST) on 18th April 2021 and 4pm (AEST) on 30th April 2021 (Voting Period) The Underwater Tour Awards may, at its absolute discretion, extend the Voting Period.
1.8 From the Finalists, the Jury will choose the Eco Hero between 9am (AEST) on 1st May 2021 and 4pm (AEST) on 14 May 2021). (Judging Period) The Underwater Tour may, at its absolute discretion, extend the Judging Period.
1.9 Finalists chosen through Voting Period will be announced at the Underwater Awards Ceremony.
1.10 The Eco Hero as chosen by the Jury will be announced from the Finalists on 23 May 2021.
2. TERMS AND CONDITIONS
2.1 The terms and conditions of the Underwater Tour Awards Eco Hero 2020 (“Award”) comprise:
2.1.1 An online nomination form is to be completed by a Nominator, and is available at Registration & Entry/ (Nomination Form);
2.1.2 Successful Nominees will be emailed a Submission Form by the Underwater Tour Awards (Submission Form);
2.2 By participating in the Award, Nominees, Voters, Nominators and Affiliated Organisations or Groups (together, Participants) agree to be bound by the Terms and Conditions.
3. WHO CAN NOMINATE?
3.1 Subject to the Terms and Conditions, any person over the age of 18 (Nominator) may nominate a Nominee to be an Underwater Tour Awards Eco Hero.
3.2 A person cannot nominate themselves to be an Underwater Tour Awards Eco Hero.
3.3 If a person under the age of 18 wishes to nominate a Nominee, they may participate in the Award by having their parent or guardian submit a Nomination on their behalf.
3.4 If a person under the age of 18 is nominated to be an Underwater Tour Awards Eco Hero, they may participate in the Awards by having their parent or guardian consent to the nomination. The Underwater Tour Awards may verify consent by contacting the parent or guardian on the contact details provided in the Nomination.
4. WHO CAN BE NOMINATED OR APPLY?
4.1 A Nominator may nominate any person (other than themselves) who meets each of the following criterion to be a nominee (Nominee) in the Award:
4.1.1 To be eligible, Nominees must meet the standards set out in sections 1.2 and 1.3.
4.1.2 For a Nominee to be eligible for the Award, the Nominee’s work or activity must directly benefit the community and environment. The Nomination and Submission must demonstrate, to The Underwater Tour Awards complete satisfaction, that the Nominee meets the above criteria. Should the above requirements not be met, The Underwater Tour reserves the right in its absolute discretion to refuse to accept any Nomination or Submission.
4.2 Nominators must have permission from the Nominee to:
4.2.1 nominate them into the Award; and
4.2.2 provide their personal information, including their name, email address, and telephone number to The Underwater Tour Award, and the Nominator must disclose to the Nominee that The Underwater Tour Award may contact the Nominee in respect of the Nomination.
4.2.3 the Nominee’s work or activities for which they are nominated in the Award must not be for the purposes of pushing any political party or religious agenda or for the benefit of any overseas awards and or projects, including international good-will agencies or if the Nominee is the primary beneficiary, not the community.
4.3 A Nominee may be selected as a Semi-finalist, Finalist, or Eco Hero by the process set out by The Underwater Tour Awards.
4.4 Employees of The Underwater Tour and any agencies associated with this Award and their immediate family are not eligible to be a Nominee. 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, brother, sister, step-brother, step-sister. The Underwater Tour Awards reserves the right to refuse any Nomination due to a conflict of interest which is determinable by the Underwater Tour Awards at its absolute discretion.
5. HOW TO NOMINATE AND APPLY
5.1 To enter the Award, Nominators must, during the Nomination Period, complete the Nomination Form and provide a Dossier of supporting documentation for a Nominee (a completed Nomination Form is herein referred to as a “Nomination”).
5.2 Following receipt of a Nomination, The Underwater Awards may at its absolute discretion contact the Nominee to ask them to fill out a Submission Form (and provide supporting documentation in an Eco-Resume) to be an Underwater Tour Award Eco Hero (a completed Submission Form is herein referred to as a “Submission”).
5.3 No offline nominations or submissions will be considered, without prior agreement from The Underwater Awards.
5.4 At The Underwater Awards’s absolute discretion it may accept or reject Nominations or Submissions which contain errors and/or omissions. Failure by The Underwater Awards to enforce any of its rights at any stage does not constitute a waiver of those rights.
5.5 Incomplete or indecipherable Nominations or Submissions may be deemed invalid at The Underwater Awards’s absolute discretion.
5.6 If there is a dispute as to the identity of a Nominator, Nominee, or Affiliated Organisation or Group, The Underwater Awards reserves the right, in its absolute discretion, to determine the identity of that person.
5.7 No responsibility is accepted by The Underwater Awards for late, lost or misdirected Nominations or Submissions (including where a Nomination Form or Submission Form is not received due to any technical difficulties).
6. NOMINATION AND SUBMISSION
6.1 By entering the Award, Participants acknowledge and agree that:
6.1.1 the Award is conducted at The Underwater Awards’ absolute discretion, and if the Award is not conducted as anticipated due to any reason, The Underwater Awards reserves the right, in its absolute discretion, to the full extent permitted by law to
22.214.171.124 disqualify any Nomination;
126.96.36.199 disqualify any Submission; or
188.8.131.52 modify, suspend, terminate or cancel the Award;
6.1.2 There may only be one Nominee per Nomination, and that person will be the person nominated by the Nominator in the Nomination Form;
6.1.3 There may only be one Submission completed for each Nominee;
6.1.4 The Underwater Awards may contact a Participant at any time in relation to the Award during the Nomination Period, Submission Period, Selection Period, Voting Period and Promotion Period (as applicable);
6.1.5 There is no obligation or requirement on The Underwater Awards to promote, use or display any information (including Personal Information) provided in the Nomination or Submission, including but not limited to the Nominee’s name, suburb, state, photo, and a description of their eco activities.
6.1.6 In entering the Award, the Nominator and the Nominee will not transfer files (including photos) which contain viruses or other software or malware harmful to the Awards;
6.1.7 The Nominator has all permissions and consents to enable them to nominate the Nominee. If requested by The Underwater Awards, the Nominator must provide The Underwater Awards with evidence of such consent and permission;
6.1.8 The Underwater Awards is under no obligation to communicate in any way with a Participant in connection with the Award, including in respect of any Nomination or Submission; and Uploading the photo of the Nominee will not infringe the copyright or other rights of any third party, or infringe any applicable laws or regulations.
6.2 Participants acknowledge that by participating in the Award they may if requested by The Underwater Tour, be required to confirm or provide additional information in respect of any Nomination or Submission (either by phone, email or in person) to The Underwater Tour during the Award
6.3 By entering the Award, Nominators and Nominees represent and warrant that all information provided by them to The Underwater Tour in the Nomination and Submission or otherwise in connection with the Award is true and correct, and not misleading or deceptive by omission or otherwise.
6.4 The Underwater Tour may request proof of a valid Working With Children Check for those Nominees who work or engage with children. The Underwater Tour may also request consent from Nominees to undertake a police check.
6.5 The Underwater Tour may request from the Nominee contact details of a referee or Affiliated Organisation or Group representative, who The Underwater Tour may contact to verify any information contained in the Submission. The Nominee must obtain all permissions and consents to provide The Underwater Tour with the contact details of the referee. If requested by The Underwater Tour, the Nominee must provide The Underwater Tour with evidence of such consent and permission;
6.6 Referees may be referral partners, Affiliated Organisation or Group Representatives, corporate partners, government or community agencies, or someone who works with or has worked with the Nominee. Referees cannot be family members or personal friends or acquaintances of the Nominee.
6.7 The Underwater Tour reserves the right, at any time, in its discretion:
6.7.1 to verify the validity of Nominations and Submissions (including the identities of Participants);
6.7.2 to disqualify (at The Underwater Tour’s absolute discretion) any Nomination or Submission from the Award that is not made in accordance with the Terms and Conditions or which The Underwater Tour otherwise deems inappropriate; and
6.7.3 to vary these Terms and Conditions, or to cancel, postpone or reschedule the Award.
7. SELECTION PERIOD
7.1 During the Selection Period, The Underwater Tour Awards:
7.1.1 will review the Nominations and Submissions to determine the Nominees who are Finalists (Finalists) in the Award. Review panels are made up of and not limited to The Underwater Tour Awards employees and external agencies. The Finalists will advance to the public voting stage of the Award;
7.1.2 may ask Nominators and Nominees to participate in further interviews or other selection activities to assist in shortlisting Nominees. Nominees must make themselves reasonably available to participate in any such interviews or other selection activities
7.1.3 may ask Nominees to declare if they have been convicted of a crime or had a civic penalty imposed on them, and may request consent from the nominee to undertake a police check; and
7.1.4 may, in its absolute discretion, shortlist Nominees as Finalists based on their Nomination, Submission, and referee interviews.
7.1.5 may request proof of a valid Working With Children Check or police check;
7.1.6 contact Nominees using a third-party agency to conduct checks, which may include reference and/or online open source checks.
7.2 Upon selection, Finalists’ names, a photograph and information pertaining to the work or activities for which they were nominated will be published on the Underwater Tour and Underwater Tour Awards website, on the Underwater Tour and Underwater Tour Awards social media and at the underwater Tour’s discretion, associated affiliates and or sponsors.
7.3 The Underwater Tour Awards reserves the right to commence reviewing Nominations and Submissions prior to the commencement of the Selection Period.
7.4 Finalists must maintain the confidentiality of their status as a Finalist at The Underwater Tour Awards’s direction.
8. VOTING PERIOD
8.1 During the Voting Period:
8.1.1 the public will vote for their preferred Finalist.
8.1.2 Voting is open to any person over the age of 18 years (Voter). If a person under the age of 18 wishes to cast a vote, they may participate by having their parent or guardian cast a vote on their behalf.
8.2 The Finalists must make themselves reasonably available to participate in a photography shoot and any other activities to produce new content to promote the Nominees during the Selection Period and Voting Period. This content will be made publicly available, including online, on social media. All rights, title and interest in any such content will vest with The Underwater Tour Awards.
8.3 To cast a vote, the Voter must go online to www.underwatertourawards.com.au and complete a voting form (Voting Form) during the Voting Period. Only votes which are cast via www.underwatertourawards.com.au during the Voting Period will be accepted by The Underwater Tour Awards.
8.4 A Voter may only vote for one Finalist to become an Underwater Tour Awards Eco Hero.
9. VOTE COUNT
9.1 The count of public votes and determination of the successful Underwater Tour Awards Eco Hero will take place at UWTA HQ, Gold Coast Office, prior to 14 May 2021.
9.2 The results of the public vote will be determined by The Underwater Tour Awards at its absolute discretion.
9.3 The Underwater Tour Awards reserves the right, at any time, to verify the validity of votes, Voting Forms and Voters (including a Voter’s identity and to disqualify any vote that is not in accordance with the Terms and Conditions.
9.4 The Underwater Tour Awards will not be responsible for any vote which is not counted due to any technical difficulties associated with the online voting platform.
9.5 In the event of a tie in the Public Vote for Finalist, a representative of The Underwater Tour Awards will determine Eco Hero Finalists at its absolute discretion.
9.6 If any semi-finalist who has the most votes becomes ineligible to participate in the Award, the Semi-Finalist who has the next-most number of votes will replace that ineligible Semi-Finalist.
9.7 Finalists must maintain the confidentiality of the results of the vote count (as advised by The Underwater Tour Awards) until after public notification of the results or otherwise at The Underwater Tour Awards’s direction.
10.1 In this Award, The Underwater Tour Awards will award prizes for one Eco-Hero
10.2 The Underwater Tour Awards will award the Underwater Tour Eco Hero with the prizes within 30 days after the announcement pursuant to clause 11.1.
10.3 As a condition of accepting the Award, the Nominee agrees to:
10.3.1 provide any information reasonably requested by The Underwater Tour Awards regarding the Award or initiative for which the prize was awarded at the reasonable request of The Underwater Tour Awards. The Underwater Tour Awards may use this information during the Promotion Period to create content for any media to promote the Award or any future The Underwater Tour Awards Eco Heroes Award.
10.3.2 make themselves reasonably available to participate in any interviews, photography shoots and other activities to produce new content to promote the Underwater Tour Awards Eco Hero during the Promotion Period. This content will be made publicly available, including online, on social media and in Centre. All rights, title, and interest in any such content will vest with The Underwater Tour Awards.
10.4 Notwithstanding any provision of these Terms and Conditions, The Underwater Tour Awards reserves the right at any time to:
10.4.1 remove the title of the Underwater Tour Awards Eco Hero from any person previously announced as the Underwater Tour Awards Eco Hero; and/or
10.4.2 not award the prize or recover the prize from any person previously announced as the Underwater Tour Awards Eco Hero,
10.4.3 for any reason whatsoever, including but not limited to if The Underwater Tour Awards determines (at its absolute discretion) that any conduct by the person does not align with the standards and values of The Underwater Tour Awards and the Award or otherwise detracts from the goodwill and reputation attached to The Underwater Tour Awards and the Award.
11.1 The Underwater Tour Awards will notify Participants of the results of the public vote between 9am (AEST) on 1st May 2021 and 7th May 2021 (Notification Period) in a manner to be determined by The Underwater Tour Awards.
11.2 Upon notification to Participants the Underwater Tour Awards’ names, a photograph and information pertaining to the work or activities (as provided by the Nominee) will be published on the Underwater Tour and the Underwater Tour Awards website, on the Underwater Tour and the Underwater Tour Awards social media and Awards Ceremony
11.3 The Eco Hero Finalists will be published via the Underwater Tour and Underwater Tour Awards and or affiliates with the overall winner announced on the night of the Underwater Tour Awards Ceremony on the 23rd of May 2021.
12.1 Proof of electronic submission is not proof of receipt by the Owners.
12.2 The Owners cannot be held responsible for emails that do not arrive due to an entrant’s email security settings or restrictions placed by their Internet Service Provider. Entrants must ensure that their settings accept emails from Underwater Tour Awards.
12.3 The Owners regret that they cannot accept liability for any loss of or damage to any entry submitted into the Competition how so ever caused or for any other loss or damage as a result.
12.4 Except where expressly stated elsewhere in the Rules, the Owners regret that, to the fullest extent permitted by law, they cannot accept any liability for any loss or damage suffered by any entrant in relation to the Competition or the use of any prize.
12.5 Except for any liability that cannot be excluded by law, The Underwater Tour Awards (including its officers, employees, 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 Award, including, but not limited to, where arising out of the following:
12.5.1 the outcome of the Award;
12.5.2 any technical difficulties relating to submission or receipt of Nominations, Submissions or votes;
12.5.3 any unauthorised access or third-party interference;
12.5.4 any Nomination, Submission or Prize that is late, lost, altered, damaged or misdirected (as applicable); due to any reason beyond the reasonable control of The Underwater Tour Awards;
12.5.5 any termination or cancellation of the Award;
12.5.6 any variation in Prize value to that stated in the Terms and Conditions;
12.5.7 any tax liability incurred by an Underwater Tour Awards Eco Hero.
13. PRIVACY STATEMENT
13.1 From 1 December 2020 until 30 May 2022 (Promotion Period), Nominators, Nominees and the Underwater Tour Award’s Eco Hero/es consent to The Underwater Tour Awards using and displaying any information relating to them (including personal information as defined by the Privacy Act 1988 (Cth) and Privacy Act 1993 (NZ) (as applicable) (Personal Information) provided in a Nomination, Submission or otherwise collected from them during the Award, in any media without remuneration for the purposes of promoting and marketing the Award or any future Underwater Tour Eco Hero/es Award/s.
13.2 The Underwater Tour Awards may use and display such information for the above-mentioned purposes online (including social media) or otherwise make public any details of the same, at any time during the promotion of the Award/s.
13.3 All rights, title, and interest in any such content will vest with The Underwater Tour Awards.
All entrants agree that, if their Nomination and or Submission is selected by the Review Panel, they will participate in related publicity and agree to the use of their name and likeness for the purposes of advertising, promotion, and publicity of the Underwater Tour Awards and or Underwater Tour Competition and/or the Exhibition and Touring Exhibition without additional compensation.
15. DATA PROTECTION
15.1 The personal data of entrants will be managed by the Owners in accordance with data protection legislation.
15.2 The Owners will collect personal data about entrants (and the entrant’s parent/guardian where applicable) at the time of registration, and as otherwise provided in order to administer the Competition and/or all associated activities.
15.3 Entrants will be asked at the time of registration if they would like to join the mailing list administered by the Owners to receive Underwater Tour news and related information. The contact details supplied will be used accordingly. Entrants can unsubscribe from these mailing lists at any time.
15.4 Entrants may contact the Owners at any time to update their details and/or preferences regarding permitted use of their personal data.
The Owners cannot be held responsible if, owing to force majeure or any other cause outside its control, changes are made to dates or even if the competition is altered or canceled.
Should you have any complaints or compliments please contact [email protected]
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