TERMS OF THIS DOCUMENT
1. The following General Terms & Conditions apply to all competitions, giveaways and Grants (“Grants”) run by Atilus, LLC (“Company”).
2. In the event that a Competition Terms and Conditions Schedule (“Schedule”) is published in respect to a specific Grant, then these General Terms and Conditions shall be subject to all terms and variations set forth in the Schedule for the purposes of that Grant.
3. These General Terms and Conditions, and the terms and conditions of any applicable Schedule, shall collectively be referred to as the “Terms and Conditions”.
CONDITIONS OF ENTRY
1. By submitting an entry to a Grant, the entrant acknowledges and agrees to be bound by the Terms and Conditions.
WHO MAY APPLY FOR GRANT
1. The winning organization may not apply for a Grant until 5 years have elapsed since last winning the Grant.
2. Grant is not open to:
1. employees of, or contractors to, the Company or any of its agencies involved in any manner with the Grant;
2. an employer organization of a spouse, parent, natural or adopted child, or sibling (whether natural or adopted by a parent) of such non-profits (whether or not they live in the same household);
3. All applicants acknowledge and agree that the Company can rely on the Terms and Conditions, and in particular, this Clause 3, even if the Company only learns of an organization’s ineligibility after the Company has, or appears to have, awarded the prize to the ineligible non-profit. In those circumstances, the Company can require the return of the prize or payment of its value to the Company.
1. All entries must be lodged in accordance with the requirements of the Terms and Conditions of the specific Grant.
2. Application must be filled out in its entirety in order to be considered for any Grant.
3. The Company is entitled in its sole and absolute discretion, to reject or disqualify any entry which it determines to be incomplete, ineligible, or which in the sole and absolute opinion of the Company contains unlawful, defamatory, offensive, or other material which if published or broadcast would place the business interests of the Company at risk, or adversely affect the goodwill, name or reputation of the Company.
4. All entries in any form, whether written or delivered by email, telephone, SMS or otherwise, shall be deemed received only upon actual receipt of a complete and eligible entry by the Company. In the case of online entries, by way of website or other communication application, an entry will not be deemed received unless and until a complete and legible entry is received on the Company’s database. The Company shall have no responsibility for the failure of any means of communication, whether within the Company’s control or otherwise.
5. All applicants will be automatically added to the information databases of Atilus, Board Management, and the Southwest Florida Community Foundation. Handling of privacy shall be as set forth in the “Privacy” Section below.
6. All applicants agree to be added to both Atilus and Board Management email newsletter distribution lists.
7. Atilus will provide all applicant information to Southwest Florida Community Foundation for its own reporting purposes.
1. Three (3) Finalists will be notified and reviewed in depth in order to ensure that there are no technical problems or limiting factors in the awarding of the Grant.
2. All prize items are valued based on recommended retail pricing from Atilus and the Company takes no responsibility for any variation in item values.
3. The Grant is non-transferable and may not be redeemed for cash.
4. 50 Licenses for Board Management will be provided via email to all selected organizations. Year-long licenses begin the day the email is sent out.
5. All organizations will be asked to sign two agreements (one for development, and one for hosting) as a part of the acceptance of the award in order to agree via contract to these terms.
6. The Company may, in its sole and absolute discretion, withdraw or exclude any person from the Grant or participation in any prize, if that person at any time behaves in a manner which in the opinion of the Company, or in the opinion of the staff contractors or representatives of the operator of any event comprising a prize in a Grant, is determined inappropriate, offensive, or is, or could be, considered antisocial, dangerous, threatening, or which may cause injury to themselves or any other person.
7. The decision of the Company will be final in determining the winner of each Grant. This will include but not be limited to adjudicating whether answers to quizzes are correct, or otherwise, and in the event of a tie or draw in a Grant, determining, in its sole and absolute discretion, which entrant shall be declared the winner.
8. If the Company becomes aware at any time, including after a winner has been announced, that an entrant has not complied with these Terms and Conditions, or any other term and condition of the Grant, the entrant shall have no entitlement to any prize and, as required by the Company, shall return or repay the full value of any prize received.
1. Any entrant or winner participating in any activity for purposes of the Grant, or in respect of any prize, agrees to fully release and indemnify, to the maximum extent permissible by law, the Company and Australian Radio Network, and their respective contractors, employees, directors and officers, in respect to any claim for accident, injury, property damage, financial loss or loss of life in connection with the entrant or winner’s participation in the Grant or prize.
1. A copy of the Terms and Conditions and/or a signed receipt and acknowledgement must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms.
2. The Grant will only be awarded following winner validation and verification.
3. Grant value totals 150 hours for development services (consulting, design, programming & writing). Retail Value of grant is approximately $15,000.
4. Grant includes two (2) Years of Hosting (includes unlimited POP/IMAP email addresses + 30 minutes of updates/support each month). Retail Value is approximately $1500.
5. Award Recipient may also apply for Google AdWords Grant. Value of Grant may include setup of an AdWords campaign and monthly monitoring. Company will help the non-profit selected to apply for the AdWords grant, but cannot guarantee acceptance into the program.
6. Any use of time over and above 30 minutes of monthly support and updates which are provided as a part of Company’s hosting agreement will be based on a reduced $100/hour rate for non-profits. The winning organization will be responsible for payment of these fees if any overages occur.
7. All Information Technology work, setting up of email clients on organization’s computers, computer assistance, etc. will not be handled by Company – a 3rd party partner will be selected (unless organization already has resources) in order to provide these services. Company will try to get service provider to lower or eliminate fees for the purpose of this award, but partner rates may apply.
8. After 2 years of hosting, non-profit has the option to sign another hosting agreement with Company at whatever the prevailing market rate is at that time. If another agreement is not signed, Company will provide all web designs and database files necessary to transfer the site. Company can assist in transferring the site to another provider if desired at Company’s normal hourly rate.
1. Each entrant understands and consents that the content of their entry, and any telephone entries, or other communication with the Company may be recorded, broadcast, and published online by the Company without compensation to the entrant.
2. Acceptance of a prize constitutes permission for the Company to use winning organization’s name, description of organization, recording of winner’s voice, photos, logos, and likeness for promotional purposes by the Company, all of which may be broadcast in any medium the Company determines in its sole and absolute discretion to be appropriate, without compensation, unless otherwise prohibited by law.
EXCLUSION OF LIABILITY
1. The Company takes no responsibility for the quality of the award due to incorrect or imprecise delivery details provided by an entrant.
2. The Company makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as awards.
3. To the fullest extent permitted by law, the Company shall not be liable for any loss suffered or sustained to entrant’s personal property including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Company, or its employees, officers, servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner(s) and, where applicable, to any persons accompanying the winners.
OWNERSHIP OF ENTRIES
1. All entries (whether in written, audio or visual form, or a combination of those) become and remain the property of the Company (subject to the limits contained in the Privacy Statement).
1. The Company is not responsible for lost, interrupted communications, unavailable network server, or other connections, failed telephone, mid-delivery, computer transmissions, or other errors, of any kind, whether human, mechanical, or electronic.
2. The Company assumes no responsibility for any error, defect, delay, theft or unauthorized access to or modification of entries. Subject to any written directions given under applicable law, if for any reason, the Grant is not capable of operating as planned, including but not limited to, infection by computer viruses, tampering, unauthorized intervention, fraud, or any other cause beyond the control of the Company; which corrupts, or affects the administration, security, fairness, or proper conduct of the Grant, then the Company reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, or suspend the Grant. In any such event, the Company shall not be liable for any damages, of whatever type or nature, suffered by the winner of the Grant as a result of such cancellation, termination, modification, or suspension.
3. The Company reserves the right, in its sole and absolute discretion, to disqualify any organization for:
1. tampering with the entry process, including exceeding any limitation on the number of entries, or any other process, as determined by the Company, that in any way affects the fairness of the Grant;
2. tampering with the operation of the Grant or any website of the Company or associated with the Grants;
3. acting in violation of these Terms and Conditions; or
4. acting in an unsportsmanlike or disruptive manner.
4. If an entrant selected as winner is found to be in breach of these Terms and Conditions, a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Company.
1. Subject to the regulatory requirements in each State or Territory, the Company may in its sole and absolute discretion, vary the Terms and Conditions, or terminate, vary the Terms of Conditions for Grant or terminate entirely a Grant.
1. Participation in the Grant constitutes the entrant’s unconditional agreement to and acceptance of the Terms and Conditions. The Terms and Conditions may change from time to time. The entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the Grants at the time of participation. The Company’s decision not to enforce a specific restriction does not constitute a waiver of that restriction, or of the Terms and Conditions Grant generally.