Terms & Conditions
CONSUMER PROMOTION: GAME OF SKILL
Name of Promotion
Asus Creator Xchange Challenge 2022
Detailed information with respect to how to play and win prizes in connection with this specific Promotion, ASUS Terms of Use Notice, and ASUS Privacy Policy, constitutes part of this Promotion Event Terms and Conditions (“Terms and Conditions”). Participation in this Promotion is deemed acceptance of these Terms and Conditions. ASUS may at any time revise the Terms and Conditions and other rules set forth by ASUS. Entrant (as defined below) shall be bound by any such revisions.
Entry mechanism
Submit a piece of commissioned work using any element of the source file of the original mentor piece. There will be six (6) Prize winners selected in total. The best and most creative entry received during the Promotion Period will win a prize valued at AU$2,684/NZ$3,007. There will be an additional five runner ups to win a prize pack with a prize pool valued at AU$775/NZ$822 (see Prize Details).
Promoter
The Promoter is Asus Australia Pty Ltd (ABN: 81148073858) of Suite 3.01, Level 3, 123 Epping Road, Macquarie Park, NSW 2113.
Entrants
Entry to the Promotion is open to Australian and New Zealand residents aged 18 years+ who have fulfilled the entry requirements.
Entry Requirements
The Promotion is only open to individuals aged 18 years or older who are currently residing in Australia or New Zealand with an Australian or New Zealand residential address. This excludes management and employees of the Promoter, its associated companies/subsidiaries, Participating Retailers and agencies associated with this Promotion. “Employees” means any directors, management, employees, concessionaires, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment. The Promoter is responsible for determining whether a person is an Eligible Claimant in its absolute discretion.
Promotion Period
Promotion Period commences 12:01 am (AEDT) 18 January 2022.
Promotion Period concludes 11:59 pm (AEDT) 14 March 2022.
No entries will be accepted after this time.
Entry Mechanic
To enter, Entrants must visit asuscreatorxchange.com.au, follow the prompts to enter and submit their commissioned work using any element of the source file of the original mentor piece as well as provide a short story of what inspired the Entrants’ creative journey. Entries will be accepted in usual image formats, such as jpeg, jpg and png formats, in 16:9 dimension and max 10mb file size. Entrants must submit their fully completed entry during the Promotional Period. Only entries that submit an original artwork will be entered, with the winner and runner ups to be revealed after the Promotional Period.
Each valid entry received during the Promotion Period will be matched, verified and individually judged. Judging of entries will be based on originality and creativity. The best valid entries as determined by the judges in their absolute discretion (see Judging Details/Judging Criteria) will win a prize. All entries submitted by a winner or runner up may be validated prior to a prize being awarded.
In the event that the Entrant mints the competition submitted work as an NFT (non-fungible token) or uses the competition submitted work for commercial purposes, they will need to seek permission from the original artist to co-author the work and cite them in all communications of the work.
Maximum Number of Entries
One entry is permitted per person, subject to the following: (a) each entry must include a unique artwork using part of any element of the source file of the original mentor piece (see Entry Mechanic); and be submitted in accordance with the entry requirements. Any entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service, will be void.
Judging Criteria
Prizes will be awarded to the best and most creative valid entry as well as five additional runner ups, as determined by a panel of 3 judges in their absolute discretion. The 3 judges are mentors who are part of the wider Asus Creator Xchange campaign. They include Serwah Attafuah, Jess Johnson and Dave Court, who have submitted their commissioned work source files for the competition. Each week, Asus will display the four best artworks on the competition page in the leadup to the final announcement.
Prize Details
One winner will receive a 1:1 masterclass with a mentor. The winner will also receive the Ultimate Asus Creator Pack including a Vivobook Pro laptop (valued at RRP AU$2,299/NZ$2,599), accessories (such as mouse, headset and webcam), as well as Asus merchandise (valued at RRP AU$385/NZ$408). The laptop will be available from March 2022 in Australia and New Zealand. The total winner prize pool is valued at AU$2,684/NZ$3,007.
Five runner ups will receive an Asus Creator Pack including accessories and Asus merchandise (valued at RRP AU$155/NZ$164). The total runner up prize pool is valued at AU$775/NZ$822.
The total value of the prize pool for the winner and runner ups is valued at AU$3,459/NZ$3,828. The prizes are not redeemable for cash. The prize is non-refundable nor transferable.
Notification of Winner(s)
The winner and runner ups will be contacted and announced via email one week after the end of the Promotional Period (Week commencing 21/03/2022). Postage information will need to be confirmed by the individual winner or runner up.
Prize Claim Date and Time
Prizes must be claimed by 27 March 2022. If a winner or runner up does not claim the prize by this time and date it will be deemed ineligible, and the prize forfeited.
Terms of Entry
1. These terms must be read together with ASUS Terms of Use Notice, ASUS Privacy Policy and the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. Participation in the Promotion constitutes acceptance of these Terms of Entry, ASUS Terms of Use Notice, and ASUS Privacy Policy. To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails.
2. Entry is open only to Entrants of the Relevant States/Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this Promotion are ineligible to enter.
3. The Promotion will be conducted during the Promotion Period.
4. To enter the Promotion, Entrants must follow the Entry Mechanic during the Promotion Period.
5. Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
6. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the Entrant.
7. This is a game of skill; chance plays no part in determining the winner or runner ups. Each valid entry will be individually judged (by panel of 3 mentors) based on the Judging Criteria (see Judging Criteria). No purchase is necessary to participate in the Promotion. A purchase will not improve Entrant’s chances of winning.
8. The judges’ decisions are final and no correspondence will be entered into.
9. All entries and materials submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each Entrant warrants that s/he has the right to transfer these to the Promoter. Each entry must be the Entrant’s original work. By entering this Promotion Entrants: (a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; and (b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third-party intellectual property rights.
10. The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each Entrant takes full responsibility for any such claims made in relation to their entry.
11. The prize/s will be awarded to the valid Entrant which best meets the Judging Criteria, as determined by the judges, in accordance with the Judging Criteria. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third-party rights will be invalid.
12. The prize/s are specified in the Prize Details.
13. At the Promoter’s request, winner and runner ups must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, Entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.
14. If an Entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that Entrant’s entry and proceed as if that Entrant had not entered the Promotion.
15. The winner and runner ups will be notified as stated in the Notification of Winner(s) section of the Schedule.
16. If any prize is not claimed by the Prize Claim Date and Time, the relevant winner or runner ups entry will be deemed invalid and the Promoter reserves the right to award the relevant prize/s to the next best valid entry which meet the Judging Criteria, as determined by the judges, that has not already received a prize. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
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) by any person in connection with this Promotion 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. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
19. Entrants may only enter the Promotion in their own name, and only use one (1) name for all entries submitted to the Promotion; there can be only one (1) email address and one (1) residential address used in connection with an Entrant’s name. Entrants who are deemed by the Promoter to have entered using multiple email/postal addresses, phone numbers, social media accounts or aliases may be disqualified. The Promoter (or its nominated agent) reserves the right at any time during or after the Promotion Period to request entrants to produce (within the requested time frame specified by the Promoter) suitable photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to verify the validity of their entry/ies and to verify an entrant (including their identity, age, residential address, place of employment, eligibility to enter and eligibility to claim a prize). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant has not been verified or validated to the Promoter’s satisfaction, then the Entrant’s entry (and at the Promoter’s discretion all of the Entrants’ entries) will become invalid. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
20. The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has a) failed to provide adequate identification to the satisfaction of the Promoter, b) who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, c) acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person, or d) engages in any unlawful, fraudulent, deceptive or other improper misconduct intended to jeopardise the fairness and proper conduct of the Promotion and/or damage the goodwill or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this Promotion. Failure by the Promoter to enforce any of its rights at any state does not constitute waiver of those rights. The Promoter reserves its legal rights to recover damages or other compensation from such an offender.
21. If due to any reason whatsoever the Promoter becomes aware after an Entrant has won a prize that the Entrant has not complied with these terms, that Entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner or runner up and that Entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
22. The Promoter may require the winner or runner ups to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
23. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
24. No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner or runner up does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner or runner up and cash will not be supplied for that element of the prize. Prize Value is as specified on the Date at which Prize Value Valid. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified for that prize in the Prize Details).
25. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
26. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
27. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms.
28. 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 Promotion 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.
29. All entries will be the property of the Promoter. The information Entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, Entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate, and the companies associated with this Promotion, and the Promoter and its related bodies corporate, and the companies associated with this Promotion, may use this information for publicity, research and profiling purposes as well as future promotional and marketing purposes regarding their products and services including contacting entrants via electronic messaging. The Promoter may disclose Entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with Entrants. The Promoter is bound by the Privacy Principles in the Privacy Act 1988. Entrants can read the Promoter’s Privacy Policy at https://www.asus.com/au/Terms_of_Use_Notice_Privacy_Policy/Privacy_Policy.
Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting Consumer Services on https://www.asus.com/support/Product/ContactUs/Services/questionform/?lang=en-au.
30. The Promoter may run, communicate or advertise this Promotion and featured entries using their competition pages on Facebook and/or Instagram using relevant hashtags #ASUS #creatorXchange.. However, Entrants in the Promotion acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with Facebook or Instagram. Entrants in the Promotion completely release Facebook and its associated companies from all liability arising from the Promotion.