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Library Terms and Conditions

Xt3 Competition Terms & Conditions

The Xt3 Competition (Competition) is a monthly promotion which awards a prize to an eligible entrant who has successfully provided the most number of multimedia submissions that are accepted for publication on Xt3's Library Resource (Resource) in a given month.  The Competition is in effect from 1 September 2009 and ends 31 July 2010.  The Resource comprises multimedia content published by Xt3. All multimedia content submitted by eligible entrants for publication on the Resource (Submissions) that are accepted will be published on the Resource. The Submissions submitted by entrants (i) can either be material that the entrant has created or third party materials for which the entrant has obtained permission from the copyright owner in accordance with these terms and conditions; and (ii) must have been previously published online.

Any Submissions together with a summary provided by Eligible Entrants that are each deemed accepted will be posted on the Resource.  Posting will take place throughout the month prior to any prize winner being announced.

In its sole discretion Xt3 reserves the right, however, to remove any content at any time, without notice or explanation.

Entry

1. Information on how to participate and prize details form part of these conditions.  Entry into the Competition is deemed acceptance of these terms and conditions.

2. The promoter is The Trustees of the Roman Catholic Church for the Archdiocese of Sydney ABN 40 938 125 422 of Level 16, 133 Liverpool Street, Sydney, New South Wales Australia (Promoter).

3. Entry is open to all Xt3 members who meet the Competition Criteria set out below, excluding directors, management, employees and other staff of the Promoter and any agencies, firms and/or companies associated with the Competition (including suppliers of prizes) and their immediate families (Eligible Entrants).

4. The Competition is open from 9am Australian Eastern Standard Time (AEST) on 1st day of each month until 11.59pm AEST on 25th day of each month (Competition Period). The last date for entering Submissions in the Competition is 25 July 2010.

5. Eligible Entrants must during the Competition Period:

(i) be a member of Xt3;

(ii) comply with the terms and conditions of being a member of Xt3 as well as Xt3's Privacy Policy at http://www.xt3.com/smallprint/terms.php, including being a person aged 16 years and over;

(iii) provide as many Submissions for the Xt3 team to consider for acceptance and publishing on the Resource;

(iv) respect Xt3's Catholic ethos and treat all members with charity and respect; and

(v) comply with the Competition Criteria set out below.

6. Eligible Entrants cannot win the monthly prize more than once in a six month period, from the date of announcement as the prize winner of the monthly prize.

7.Submissions should be sent to xt3librarycompetition@sydneycatholic.org. The time of entry will be the time at which the entry is received by the Promoter. No responsibility is accepted for late, lost or misdirected entries. Incomplete or indecipherable entries may be deemed invalid by the Promoter, in its absolute discretion.

Competition Criteria

1. Submissions provided by Eligible Entrants must comply with the following criteria (Competition Criteria):

(i) each Submission must be relevant to the Promoter's existing library catalogues displayed at http://www.xt3.com/library/list.php. Eligible Entrants should be guided by the types of publications already listed on the Resource found at http://www.xt3.com/library/list.php;

(ii) Eligible Entrants must include a summary of 100 words or less of each Submission provided and this summary must be an original work created by the Eligible Entrant (Summary).  Eligible Entrants acknowledge and accept that the Promoter may in its absolute discretion edit, revise or modify the Summary before publishing it on the Resource.  Eligible Entrants consent to the Promoter doing or omitting to do any act or thing in relation to the Summary that may otherwise infringe the Entrant's moral rights in the Summary;

(iii) each Submission and Summary must respect Xt3's Catholic ethos including the treatment of all members with charity and respect;

(iv) each Submission and Summary must be in accordance with the Competition Criteria; and

(v) if a Submission contains a hyperlink to another website, the Eligible Entrant must ensure that the terms of use of that website do not prohibit hyperlinking and where the hyperlink itself includes content, the Eligible Entrant must ensure that the copyright owner consent to the use and submission of that content within the hyperlink for publication on Xt3's

2.Where an Eligible Entrant's Submission is protected by copyright and owned by a third party(or third parties), then the Eligible Entrant warrants that they have obtained a non-exclusive, worldwide, royalty free, irrevocable and transferable licence throughout the world, in all media, in perpetuity (whether or not the Submission is accepted by the Promoter) from the copyright owner(s) of the Submission to enter that Submission into this Competition and for the Promoter, its affiliates and sub-licensees to reproduce, use, and publish the Submission (in whole or in part) on the Resource, without compensation, restriction on use, attribution or liability to the copyright owner.  Eligible Entrants agree to fully indemnify the Promoter against any loss, damage or third party claims that the Promoter suffers by virtue of the entrant not complying with this clause, and for any use by the Promoter of the Submission (whether taken by the Promoter or otherwise) that infringes a third party's intellectual property rights.  The Eligible Entrant must also attribute the authorship of the Submission to the copyright owner.  If, the Promoter believes in its reasonable opinion, that an Eligible Entrant does not have the necessary permission from the copyright owner, the Promoter may, in its absolute discretion, reject publication of the Submission or remove the Submission from the Resource and disqualify the entrant from participation in this Competition.

3. If an Eligible Entrant  provides a Submission that they hold copyright in (an Original Submission), then the Eligible Entrant must grant the Promoter a non-exclusive, worldwide, royalty free, irrevocable and transferable licence throughout the world, in all media, in perpetuity for the Promoter, its affiliates and sub-licensees (whether or not the Submission is accepted by the Promoter) to exercise all rights in that Submission as well as the Summary (Content), including but not limited to the Promoter reproducing, using, editing, modifying, adapting, publishing and displaying the material (in whole or in part) for any purpose in any media, without compensation, restriction on use, attribution or liability.  Each Eligible Entrant also consents to the Promoter doing or omitting to do all things or acts that might otherwise infringe the entrants' moral rights in the Content submitted within the meaning of the Copyright Act 1968 (Cth).

4. Each Eligible Entrant warrants that:

(i) the Summary was written solely by the Eligible Entrant specifically for this Competition and that the Summary is original, not copied wholly or in part from any other materials or other sources anywhere in the world (including any written works or any materials from the Internet, radio, television, musical works, recordings, songs or performances or any other publication);

(ii) the Submission has been published online at a site other than Xt3

(iii) where the Eligible Entrant submits an Original Submission, the Original Submission is original not copied wholly or in part from any other materials or other sources anywhere in the world (including any written works or any materials from the Internet, radio, television, musical works, recordings, songs or performances or any other publication);

(iv) the rights (including intellectual property rights) in the Summary and any Original Submission, has not been, and will not be prior to this Competition, assigned or licensed to any person other than the Promoter and agrees to fully indemnify the Promoter against any loss, damage or third party claims that the Promoter suffers by virtue of the entrant not complying with this clause, and for any use by the Promoter of the Summary and any Original Submission (whether taken by the Promoter or otherwise) that infringes a third party's intellectual property rights;

(v) where a Submission is made that is not an Original Submission, no third party rights (including intellectual property rights) will be infringed by the Promoter's use of the Submission, and the Eligible Entrant agrees to fully indemnify the Promoter against any loss, damage or third party claims that the Promoter suffers by virtue of the entrant not complying with this clause, and for any use by the Promoter of the Submission (whether taken by the Promoter or otherwise) that infringes a third party's intellectual property rights;

(vi) he or she is entitled to grant to the Promoter permission to use or exploit the Content as contemplated by these terms and conditions and that such use will not violate the rights (including copyright and privacy) of any third person;

(vii) the Submissions do not contain any virus, corrupt file or other malicious code, nor any adware, spyware, Trojan horse or similar damaging or wrongful material;

(viii) the Promoter will not be liable for any claims made against it in relation to infringement of copyright, moral rights or any other intellectual property rights, and the entrant releases the Promoter from such liability; and

(ix) the use of any hyperlink in its Submission complies with the terms of use of the hyperlinked website and warrants that the content on the referenced site does not infringe the rights of third parties.

5. The Promoter reserves the right, in its absolute discretion, to disqualify any entrant's Submissions from consideration for a prize, which it considers depicts or encourages inappropriate, defamatory, offensive, illegal or dangerous statements of any kind or which it considers, for any reason, is not suitable for publication on the Resource.

Monthly Prize Determination  

6. All valid Submissions received by the Promoter before each monthly closing date will be reviewed by the Promoter's editorial panel over a 5 day period.  This Competition is a game of skill and chance plays no part in determining the winners.  Each Submission will be individually judged on its merits by the Promoter's, in its absolute discretion, editorial team on the basis of the relevance of the Submission (together with the Summary) to existing library categories and the suitability for publication on the Resource.

7. The Promoter will award a prize to the Eligible Entrant who has successfully provided the most number of Submissions in a given month that are accepted and published on the Resource in that month (Prize Winner).  If there is more than one person with the same number of Submissions, the Promoter will award the prize to each of those people.

8. The Prize Winner will be notified via email and announced on Xt3 at 12pm AEST on 1st day of each month following the previous month's closing date at 133 Liverpool Street, Sydney New South Wales, Australia.  This means on the first day of each month following the month in which the Prize Winner submitted its Submissions for entry. Each respective Prize Winner's name for each respective month will be published on Xt3 at http://www.xt3.com/ on the first day of each month.

9. The Prize Winner's Submissions together with the corresponding Summaries will be published on the Resource and be open to be viewed by all Xt3 members.

10. The Prize Winner will win an emailed Amazon gift card for AU$100 (the Prize) redeemable online. Please refer to gift card terms and conditions at http://www.amazon.com/gp/product/B00067L6TQ/ref=sv_cm_gft_0#gift-cards-terms-and-conditions.

11. Total maximum prize value for the competition each month is AU$100.

General Terms

12. The Prize is not negotiable, refundable or exchangeable for cash.

13. The Promoter takes no responsibility for any variation in the value of the Prize.  If the Promoter is unable to provide the Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value.

14. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who the Promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these terms and conditions.

15. By entering into the Competition, Eligible Entrants agree to be contacted by the Promoter about the competition and to have their name announced on the Xt3 website without requiring further consent from the prize winner.

16. The Promoter may require winners to provide proof of identity, age and/or residency at the nominated address. Identification considered suitable for verification is at the Promoter's discretion.

17. 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 or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this competition 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).

18. The Promoter assumes no responsibility for, and the entrant releases the Promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer systems and servers) as a result of the entrant's participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an entrant's error, any technical problem of any kind including communications or network failure, unauthorized access to, transferring or theft of data, whether caused by the entrant or associated with the equipment or programming used in the conduct of this promotion.  If, because of any such problem, this promotion is not able to be conducted as planned and/or the promotion's administration, security, fairness or integrity are compromised or affected, the Promoter may cancel, terminate, modify or suspend the promotion and/or disqualify any entrant involved in interfering or tampering with the conduct of this promotion in any way.

19. Any costs associated with entering the promotion and accessing the website are the responsibility of the entrant.  Any contact details entered incorrectly in the Submission shall deem the entry invalid.  All entries are deemed to be received at the time of receipt into the Promoter's database NOT the time of transmission by the entrant.

20. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought.  Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.

21. If the prize winner does not accept the Prize, the Promoter is not obliged to provide the prize winner with a substitute prize.

22. In the case of disputes, the decision of the Promoter is final and binding and no correspondence will be entered into.

23. By entering this competition, entrants understand and agree that the Promoter may use and disclose the information provided to them on the Xt3 website in the Library Resource section.

24. To the extent permissible, the Promoter selects Australian law as the law to govern this competition and these terms and conditions.  To the extent this contest is inconsistent or restricted by your local law, it should be treated as modified accordingly and this may preclude participation of some entrants.

Please refer to the Privacy Policy at http://www.xt3.com/smallprint/privacy.php for the collection, handling and use of personal information.