Terms & Conditions

Foot Locker Art Prize Anniversary Exhibition - Artists

Foot Locker Art Prize Anniversary Exhibition - Voting

 Artists

1. Information on exhibitors, prizes and how to vote for the Foot Locker Anniversary Exhibition form part of these Terms and Conditions. Participation in the “Foot Locker Art Prize Anniversary Exhibition” Competition (“Competition”) is deemed acceptance of these Terms and Conditions.

2. The Promoter of the Competition is Foot Locker Australia Inc (ABN 22 619 093 977) (NZ IRD: 0831 23575) of Metroplex Complex, Level 1, 16 Terrace Place, Murarrie, Queensland 4172, telephone +61 (07) 3252 3000 (hereafter referred to as “Foot Locker”).

3. Entry is only open to eligible entrants of the 2011 Foot Locker Art Prize selected by the Promoter.

4. Entrants must inform the Promoter if their email and telephone details have changed since the 2011 Foot Locker Art Prize entry.

5. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by Foot Locker to enter into a further agreement as evidence of consent to the minor entering this Competition.

6. Each Entrant acknowledges that upon entry to the 2011 Foot Locker Art Prize, they granted Foot Locker, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the Content entered in the 2011 Foot Locker Art prize for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants also acknowledge that upon entry to the 2011 Foot Locker Art Prize they agreed not to assert any moral rights in relation to such use and warranted that they have the full authority to grant these rights.

7. Employees (and their immediate families) of Foot Locker, participating Foot Locker stores and agencies associated with this Competition are ineligible to enter. 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, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

8. Nature of Competition: The Foot Locker Art Prize Anniversary Exhibition - To celebrate the one-year anniversary of the Foot Locker Art Prize 2011 finalists exhibition, Foot Locker will share an online Foot Locker Art Prize Anniversary Exhibition. The exhibition will be housed at www.footlockerartprize.com and will highlight a selection of artworks that were entered in 2011. Foot Locker has selected 50 pieces that were entered in the Foot Locker Art Prize – The Worlds Richest Colouring Competition, launched in April 2011. These 50 artworks are separate to the finalists of the 2011 Foot Locker Art Prize and have been highlighted as favourites of the Foot Locker team and fans of the Foot Locker Art Prize website from the selection of entries into the 2011 Foot Locker Art Prize. The selected 50 pieces will be voted for by the public to determine the Foot Locker Art Prize Anniversary Exhibition winner.

9. Voting

(a) The Foot Locker Art Prize Anniversary Exhibition will be uploaded onto the Foot Locker Art Prize website www.footlockerartprize.com by Foot Locker for public voting.

(b) Entrants are not eligible to vote.

(c) Foot Locker reserves the right, at any time, to invalidate any votes, which it reasonably suspects, have been submitted fraudulently.

(d) Foot Locker reserves the right, at any time, to disqualify any entrant who tampers with the voting process. Errors and omissions may be accepted at Foot Locker's discretion. Failure by Foot Locker to enforce any of its rights at any stage does not constitute a waiver of those rights.

(e) Please visit the website www.footlockerartprize.com for Voters terms and conditions.

10. Foot Locker Art Prize Anniversary Favourite.

(a) The owner of the artwork that receives the most votes during the Competition Period will be deemed the Foot Locker Art Prize Anniversary Exhibition Favourite (the "Winner").

(b) The Winner will receive a credit of AU$5,001 to spend at Foot Locker (or if the winner is from New Zealand, the credit value given will be the equivalent New Zealand dollar value, based on the exchange rate as at the date the Prize is issued. In the event that the AU$5,001 value in New Zealand dollars is not a whole dollar value, the credit awarded will be rounded up to the nearest dollar) (the "Prize").

(c) The Winner must redeem the Prize in a single store visit within four (4) weeks of the announcement of the winner.

(d) The Prize cannot be applied to prior purchases at Foot Locker, gift cards or lay-bys. The Prize cannot be used for limited release styles, with club discount or any other offer. Any ancillary costs associated with redeeming the Prize are not included. Any unused balance of the Prize will not be awarded as cash. Total prize value must be spent in one transaction, in a single store visit.

(e) The Winner will be notified on Friday 10 August 2012 via phone and email provided on the 2011 Foot Locker Art Prize entry, unless the Promoter is provided with updated details.

(f) The Winner will agree to sign any additional agreement in regard to transferring their ownership rights, including intellectual property rights, and to the extent possible, moral rights, of the Artwork to Foot Locker and for the use of their Artwork design on product by Foot Locker and their vendors, as may be reasonably required by Foot Locker.

(g) To redeem the Prize, the Winner must contact Foot Locker head office to arrange a suitable store location and date at which the Prize will be redeemed.

(h) The Winner must be willing to participate in PR, publicity and photo opportunities.

11. Voting opens at 9.00am AEST on July 19th, 2012 and closes at 6.00pm AEST on August 9th 2012 (“Competition Period”).

12. This is a game of skill and chance plays no part in determining the Winner.

13. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition or suspend or modify a prize.

14. If the Winner of the Prize is under the age of 18 years, the Prize will be awarded to the Winner’s nominated parent or guardian.

15. The parent or guardian of each entrant under 18 years of age:

(a) Will ensure that the entrant in respect of whom they agree to these Terms and Conditions, will comply with these Terms and Conditions; and

(b) Warrants that the entrant in respect of whom they agree to these Terms and Conditions, is capable of agreeing to these Terms and Conditions and giving the consents contained herein.

16. The parent or guardian of each entrant under 18 years of age agrees to indemnify Foot Locker against:

(a) Any claims made by the entrant, his or her guardian, any member of his or her family or any other party, against Foot Locker in connection with the Competition or the entrant's participation in the Competition; and

(b) Any losses (including any liability) caused by any act or omission of the entrant which is inconsistent with these Terms and Conditions.

17.The parent or guardian of each entrant under 18 years of age who participates in the Competition, acknowledges that they are provided with the opportunity for their child to participate in the Competition, as consideration for their agreement to these Terms and Conditions

18. Foot Locker may require any parental or guardian consent or agreement referred to in these Terms and Conditions to be produced in writing, and such consent if requested must include the words "in consideration of Foot Locker Australia Inc agreeing to admit the entrant into this Competition, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Competition.

19. If there is a dispute as to the identity of an entrant, Foot Locker reserves the right, in its sole discretion, to determine the identity of the entrant.

20. Foot Locker’s decision is final and no correspondence will be entered into.

21. If for any reason a winner does not take the Prize by the time stipulated by Foot Locker then the Prize will be forfeited.

22. If the Prize is unavailable, Foot Locker, in its discretion, reserves the right to substitute the Prize with a prize to the equal value and/or specification.

23. Total prize pool value is Foot Locker store credit valued at AU$5,001.

24. The Prize, or any unused portion of the prize, are is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

25. The Winner consents to Foot Locker using their, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Foot Locker, its affiliates and subsidiaries.

26. If the Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Foot Locker, including but not limited to technical difficulties, unauthorised intervention or fraud, Foot Locker reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.

27. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory implied guarantees/warranties as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Foot Locker (including its respective officers, employees and 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 Competition.

28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Foot Locker (including its respective officers, employees and agents), Nike, Puma, Adidas and Converse are not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under Foot Locker’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Foot Locker) due to any reason beyond the reasonable control of Foot Locker; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use/taking of a prize.

29. Foot Locker collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors and service providers. If the personal information requested is not provided, the entrant cannot participate in the Competition. By participating in the Competition, each entrant consents to We Are Digital disclosing their personal information to Foot Locker and Foot Locker using and disclosing their personal information to Foot Locker's related entities, Foot Locker's agencies and other third parties engaged to provide services in connection with the Competition, for use for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to Foot Locker. Entrants provide this consent until such a time as they withdraw it by giving notice to Foot Locker.

30. The laws of Queensland, Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Queensland, A

 Voters

1. Information on exhibitors, prizes and how to vote for the Foot Locker Anniversary Exhibition form part of these Terms and Conditions. Participation in the “Foot Locker Art Prize Anniversary Exhibition” Promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.

2. The Promoter of the Competition is Foot Locker Australia Inc (ABN 22 619 093 977) (NZ IRD: 0831 23575 of Metroplex Complex, Level 1, 16 Terrace Place, Murarrie, Queensland 4172, telephone +61 (07) 3252 3000 (hereafter referred to as “Foot Locker”).

3. Entrants are not eligible to vote.

4. Voters under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by Foot Locker to enter into a further agreement as evidence of consent to the minor entering this Promotion.

5. Employees (and their immediate families) of Foot Locker, participating Foot Locker stores and agencies associated with this Promotion are ineligible to vote. 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, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

6. Voting opens at 9.00am AEST on July 19th, 2012 and closes at 6.00pm AEST on August 9th 2012 (“Promotion Period”).

7. Nature of Promotion: To celebrate the one-year anniversary of the Foot Locker Art Prize 2011 finals exhibition, Foot Locker will share an online Foot Locker Art Prize Anniversary Exhibition. The exhibition will be housed at www.footlockerartprize.com and will highlight a selection of artworks that were entered in 2011. Foot Locker has selected 50 entry pieces that were entered in the Foot Locker Art Prize – The Worlds Richest Colouring Competition, launched in April 2011. These 50 artworks are separate to the finalists of the 2011 Foot Locker Art Prize and have been highlighted as favourites of the Foot Locker team and fans of the Foot Locker Art Prize website from the selection of entries into the 2011 Foot Locker Art Prize. The selected 50 pieces will be voted for by the public to determine the Foot Locker Art Prize Anniversary Exhibition winner.

8. Voting:

a) The Foot Locker Art Prize Anniversary Exhibition will be uploaded onto the Foot Locker Art Prize website www.footlockerartprize.com by Foot Locker for public voting.

b) To vote, Voters must, during the Promotion Period, visit the Foot Locker Art Prize website, press the ‘vote’ button next to the entry that is their favourite, and complete the online registration form including their name and a valid email address.

c) Only one (1) vote per Foot Locker Art Prize Anniversary Exhibition Artwork is permitted per IP address. For the sake of clarity, a Voter can submit a maximum of one (1) vote for each Foot Locker Art Prize Anniversary Exhibition artwork on a single computer. In the event that the original Voter or another Voter or individual uses the same computer, he/she will not be able to submit any further votes on that computer.

d) Foot Locker reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted fraudulently.

e) Each Voter who registers with a valid email address and who submits a vote online will be sent, via the email address provided on the online registration form, a 20% off Foot Locker discount voucher valid in Australian and New Zealand stores only. The voucher may be used to take 20% off the marked price of any item in any Foot Locker store within Australia or New Zealand. The voucher is not to be used in conjunction with any other offer (e.g. "2 for...", "buy one get one...", etc). The voucher cannot be applied to prior purchases at Foot Locker, gift cards or lay-bys. Sorry, no lay-bys. The voucher cannot be used for limited release styles, with club discount or with any other offer. The voucher will be valid for two (2) weeks from the date of issue. The voucher may be used once only. The voucher can be used for the purchase of multiple items, as long as it is one transaction. Any ancillary costs associated with redeeming the voucher are not included. The voucher cannot be redeemed for cash and redemption of the voucher is subject to any terms and conditions of Foot Locker, including those specified on the voucher. Individuals must surrender the voucher at the point of purchase. (The Discount Voucher).

9. Foot Locker reserves the right, at any time, to verify the validity of Votes and Voters (including a Voter’s identity, age and place of residence) and to disqualify any Voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process. Errors and omissions may be accepted at Foot Locker’s discretion. Failure by Foot Locker to enforce any of its rights at any stage does not constitute a waiver of those rights.

10. If for any reason a voter does not take a Discount Voucher by the time stipulated by Foot Locker then the Discount Voucher will be forfeited.

11. If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Foot Locker, including but not limited to technical difficulties, unauthorised intervention or fraud, Foot Locker reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Voter; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.

12. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory implied guarantees/warranties as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Foot Locker (including its respective officers, employees and 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 Promotion.

13. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Foot Locker (including its respective officers, employees and agents), is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under Foot Locker’s control); (b) any theft, unauthorised access or third party interference; (c) any Vote or Discount Voucher claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Foot Locker) due to any reason beyond the reasonable control of Foot Locker; (d) any variation in Discount Voucher value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use/taking of a Discount Voucher.

14. Foot Locker collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors and service providers. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each entrant consents to We Are Digital disclosing their personal information to Foot Locker and Foot Locker using and disclosing their personal information to Foot Locker's related entities, Foot Locker's agencies and other third parties engaged to provide services in connection with the Promotion, for use for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Voter. Voters should direct any request to access, update or correct information to Foot Locker. Voters provide this consent until such a time as they withdraw it by giving notice to Foot Locker.

15. The laws of Queensland, Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Queensland, Australia.