This document sets out the terms of participation in eegra.com’s (the “Website”)  “The 1st Annual Game-Makin’ Shindig” competition (the “Competition”).

1. The promoter of this Competition is Eegra Pty Ltd  (the “Promoter”)
(ABN 311 263 03124).

2. Entry to the Competition is open to anyone aged 18 or older. Each Entry Form must nominate a single name (the “Entrant”) over the age of 18 years to whom a prize(s), if any, will be paid. Prize(s), if any, will only be paid to that person whose name appears on the Entry Form and no prize(s), if any, will be awarded to any third party on behalf of the Entrant. Payment of Prize(s), if any, is at the sole discretion of the Promoter and no correspondence will be entered into.

3. To be eligible for a prize, the Entrant must:

(i)  adhere to all Terms and Conditions of this Competition;
and
(ii) meet any legal or classification requirements and not breach any law.

4. Employees of the Promoter or any person associated with the Competition, or any organisation or individual associated with the provision of the prize(s), are not eligible to enter.

5. Chance plays no part in this Competition. Each entry will be assessed individually by the Competition Judges. The Judges have been selected by the Promoter. The Promoter reserves the right to replace, substitute or include additional Judges at its discretion. The criteria for Judging and awarding any prize(s) form part of these Terms and Conditions and can be found on the Website. The Judges’ decision is final and no correspondence may be entered into.

6. Prize(s) will be awarded by the Judges as follows:

1. First Prize of AUD $2,000;
2. Second Prize of AUD $500;
3. Third Prize of AUD $250.

7. Prizewinners will be notified by the Promoter by email.

8. Prize(s) will be paid by Direct Transfer, AUD Cheque or International Money Order at the Promoter’s discretion. Prize(s) are paid according to Clause (2) above. Prize(s) paid to winner(s) residing outside of Australia will be made in Australian Dollars and are subject to currency conversion rates applicable at the time of payment. Winner(s) acknowledge determination of and variations in currency conversions are not controlled by, nor the responsibility of, the Promoter.

9. Each entry (the “Game”) must be entered in accordance with these Terms and Conditions.  By entering the Competition, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.  All relevant instructions on the Promoter’s website form part of these Terms and Conditions.

10. There is no Fee to enter this Competition.

11. The Competition opens on April 8, 2008 Australian Eastern Standard Time [AEST] and closes at midnight AEST on July 8, 2008 (“Competition Period”).                    

12. Any entry received after the expiry of the Competition Period will be deemed invalid.  No responsibility is accepted for late, lost, delayed or misdirected entries.

13. Winner(s) will be decided by the Judges in the two weeks following the closing of the Competition. Winner(s) will be notified, in the first instance, by email. Winner(s) will then be announced on the Website. Prize(s) will be distributed in the first week of August 2008 or after the Promoter has satisfactorily confirmed all details of Prize(s) recipients.

14. By completing the Entry Form and submitting your Entry in accordance with Entry Conditions the Entrant accepts that the conditions contained in the Entry Form and in these Terms & Conditions create a binding agreement between the Promoter and the Entrant.

15. To enter this Competition you must:-

(i) Read all Terms and Conditions of Entry, complete the Entry Form and lodge Entry found at http://www.eegra.com  (“Website”);
(ii) meet any legal or classification requirements and not breach any law;
(iii) submit all of the above to the Promoter in accordance with these Terms and Conditions and any additional requirements outlined as (i) above.   

16. Each entry must include your name, street address and email or it will be deemed invalid.

17. The Promoter does not seek to retain copyright to the Game in perpetuity, in recognition of the Entrant’s future rights to publicise, promote, license or sell any part or the whole of their Game for commercial purposes.

18. The Entrant grants permission to the Promoter to exercise non-exclusive rights in perpetuity as outlined in Clause 19 (h) below.

You acknowledge that the Promoter may allow users to view, reproduce, and otherwise deal in the copyrights attached to and embodied in the entry and its components. The Promoter aims to ensure that any use of the entry and its components not authorised by the Promoter will not occur, however you acknowledge that the Promoter is not equipped with mechanisms to prevent unauthorised use of the entry and its components, and you accept that, to the extent allowable under the law, the Promoter has no liability to you for how the end user elects to use the entry and its components, and as such it may be permanently stored, reproduced, copied, distributed or the like, without recourse or remedy against the Promoter.

19. The Entrant makes the following guarantees to the Promoter:-

(a) the game was made by the Entrant specifically for the competition;
(b) the game complies with the “Guidelines For Entry”;
(c) the game has not been, and will not be prior to the Competition, available to be viewed by the public by any means, including by way of the internet;
(d) the rights (including the intellectual property rights) in the Game have not been, and will not be prior to the Competition or during the Competition Period assigned or licensed to any other third party;
(e) the Entrant is the owner, or has permission from the owner, of the copyright in any sound recordings used in the Game and lyrics reproduced in those sound recordings and has obtained any permissions or licences required to reproduce any visual components;   
(f) the Entrant has obtained from each contributor to the Game a written consent to their work being edited, altered and/or reproduced, in any manner or context, by the Entrant and  any person authorised by the Entrant to do so (including the Promoter);
(g) the Entrant has obtained from each contributor to the Game authorisation for the Promoter to use the contributor’s name and likeness in connection with any publicity for the Competition;
(h) the Entrant grants the Promoter non-exclusive rights throughout the world, in all media (including the internet) to use any or all part/s of the Game for public viewing on the Promoter’s website and in any additional publicity for the whole of the Competition Period and after the Competition Period and the Entrant grants the Promoter all rights to reproduce all or elements of the whole Game and the Entrant’s name and likeness in perpetuity on its Website and in any subsequent promotions or publicity;
(i) the Entrant will pay all fees and charges related to entry of the Game in the Competition;
(j) all details in this Entry Form are true and correct and the Entrant indemnifies the Promoter against any and all claims and demands made against the Promoter in relation to the guarantees made by the Entrant in Clause 19 of these Terms and Conditions.

20. You warrant that:

(i) all details provided with your entry are true and accurate;
(ii) you have all necessary rights and licences to grant the rights set out in these Terms and Conditions;
(iii) the Game is an original work and has not been previously communicated to the public;
(iv) you will indemnify the Promoter against any loss or damage resulting from any breach of these warranties.

21. You acknowledge that the Promoter is under no obligation to exercise any of the rights granted to it by these Terms and Conditions, and communicating the Game to the public by the Promoter is at the complete discretion of the Promoter.

22. You agree that the Promoter may use your entry and any personal details provided to the Promoter for any promotional and publicity purposes of the Promoter in any media without notice and without any fee paid to you.

23. If there is any event that prevents or hinders the Promoter’s conduct of the Competition or the Promoter’s ability to deliver the prizes to the Prize Winner, the Promoter may, in its discretion, cancel the Competition and recommence it at another time under the same conditions or select another winner.

24. The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error that may occur in the course of the administration of this Competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.

25. To the full extent permitted by the law, the Promoter will not be liable for any injury, damages, expenses, or loss whatsoever (whether direct or inconsequential) to persons or property as a result of any person entering into the Competition or accepting or using any prize, including without limitation non-receipt of any prize or damage to any prize in transit.

26. Notwithstanding anything contained in this Form, the Entrant must not grant any rights in the Game to any person (s) where the grant of such rights would put the Promoter in breach of any agreement or arrangement known to the Entrant by the Promoter or of which the Entrant ought to be aware.

27. The Entrant authorizes the Promoter to use the Entrant’s name and likeness in connection with any publicity for the Competition and related competitions.

28. The agreement created by this Entry Form is made in New South Wales, Australia and is governed by the jurisdiction of the courts of New South Wales. The Entrant will do such acts and sign, or cause to be signed, such instruments as the Promoter may reasonably request for the purposes of this agreement. The Entrant must not assign or license its interest under this agreement. A reference to a person includes a body corporate. The singular includes the plural and vice versa. Includes and including are not words of limitation. The words and expressions used in this agreement have the meanings given to them in the Copyright Act 1968 unless expressly to the contrary in this agreement.