1 Survey

1.1          This survey (Survey) is run by RMIT Online Pty Ltd (RMIT / we / us / our) on these terms, including the Details above (Terms). By participating in the Survey, Participants (you / your) agree to these Terms.  Only Participants who submit surveys between the Start and End are eligible. This Survey is not a trade promotion.

2 Reward

2.1          It is a condition of accepting the Reward that a Recipient may be required to sign a legal release as determined by us in our discretion prior to providing the Reward. Rewards are not transferrable.

2.2          If any Recipient does not take or claim a Reward in the time specified by us at the time of notification, they forfeit the Reward & we are not obliged to substitute the Reward. If any part of a Reward is unavailable we may make a substitution of equal or greater value. No part of a Reward is exchangeable or redeemable for cash or any other Reward by a Recipient. Any ancillary costs associated with redeeming or taking the Reward are not included. Any unused component or part of a Reward will not be awarded as cash.

2.3          If there is a dispute about the conduct of the Survey (including the identity of a Recipient) our decision is final & binding on each Participant & no correspondence will be entered into.

2.4          If a Reward is provided by a third party (eg an event, travel, a voucher), it is subject to the terms & conditions of the third party, which prevail over these Terms to the extent of any inconsistency. We accept no responsibility or liability for any delay or failure by the third party to deliver the Reward, or otherwise concerning the Reward itself.

3 Privacy

We will deal with all personally identifying information which Participants provide to us in accordance with our Privacy Policy. In addition to collecting, storing & using personal information in accordance with our Privacy Policy, we will also subscribe Participants to receive relevant communications from us. Participants can opt out of these communications. By entering this Survey, Participants consent to us using & publishing (and authorising others to use & publish) each Recipient’s name, character, likeness, image, voice or anything else that identifies them, including for future similar feedback survey activities.

4 IP

4.1          Intellectual Property (or IP) includes all unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, moral rights, confidential information, patents, inventions, discoveries & domain names. All rights, title & interests in & to the IP in Participant’s Submissions is assigned to RMIT when the Submission is made. This is the case even if a Participant doesn’t receive a Reward. Participants promise their Submission are based on their original ideas & that they have not copied anything from any third party. Submissions must not be based on, or substantially reproduce: any other Submission or idea previously submitted in another application, assignment, exam or other assessment process for any educational institution; or anything which Participants have developed in the course of their employment. Submissions must not infringe any third party IP rights, or contain confidential information which Participants do not have the right to include. We may communicate, publish, display & perform any part of a Submission (including IP) in any media, for any of our purposes. If a Submission depicts another person, Participants need to have that person’s permission before submitting the Submission.  Participants confirm that such other persons agree to have the Submission dealt with in accordance with these Terms, including the section on Privacy above. Participants (and anyone appearing in the Submission) consent to any act or omission that would otherwise infringe any moral rights.

5 Acceptable behaviour

All RMIT’s policies as well as those otherwise published on our websites apply to Participant’s conduct during the Survey, including activities on relevant social media. Depending on its nature, if a Participant engages in behaviour which is not acceptable, we may give you a warning, or disqualify you from participating. If the behaviour is captured by another university policy, you may also be dealt with under that policy. We don’t tolerate behaviour which is: hurtful, offensive, discriminatory, obscene, derogatory, sexually explicit or pornographic, defamatory, bullying, trolling, illegal or violent. This includes harassment of any kind, displaying sexual images in public spaces, deliberate intimidation, stalking, following, photographing or audio/video recording without reasonable consent, sustained disruption of talks or other activities, inappropriate physical contact, & unwelcome sexual attention. You must not use the Survey to publish or send malicious content (eg phishing, viruses) or spam (unsolicited commercial electronic communications). You may not use any sites related to the Survey for any unlawful purposes, fraud, or to conduct or promote illegal activities. Your Submission must not contain inappropriate, offensive or malicious material or code.

6 Liability & warranties

To the extent permitted by law, the Survey & associated services are provided on an “as is” basis, without any warranties, express or implied. Neither we nor our Affiliates make any representation about the completeness, security, reliability, quality, or availability of the Survey. To the extent permitted by law, neither us nor our Affiliates will be liable for damages of any kind (including under contract, tort or negligence), arising out of or in connection with the Survey or Rewards, including any direct, indirect, special, incidental, consequential or punitive damages (including personal injury, emotional distress, loss of revenue or profits, loss of use or goodwill, loss of data), even if such loss was foreseeable (loss). You enter the Survey, accept or participate in any Rewards, & engage with us, our Affiliates, & other participants & attendees, at your own risk. It is a condition of accepting a Reward that a Recipient may be required to sign a legal release as determined by us in our absolute discretion prior to receiving a Reward. Nothing in these Terms restricts, excludes or modifies, or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition & Consumer Act 2010 (Cth). If the Survey is conducted or promoted via a social media site or third party media channel, you acknowledge that the Survey is not sponsored or endorsed or administered by that site or channel. You release the site or channel from all liability arising in respect of the Survey, to the extent permitted by law.

7 General

7.1          If you don’t comply with these Terms, you may be disqualified. We reserve the right to add, withdraw, reschedule, vary or substitute Rewards. We accept no responsibility for any tax implications & you must seek your own independent financial advice about the tax implications relating to the Reward or acceptance of the Reward.

7.2          We may cancel, stop, postpone or suspend the Survey at any time if an unforeseen incident occurs, which affects, or has the potential to affect, the safety, integrity or fairness of the Survey, or if the Survey is otherwise not able to be run as planned (including computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, or other technical failure or withdrawal by a Sponsor). If the Survey is cancelled, suspended or stopped partway through, we may, but are not obliged to, select a Reward Recipient from those Submissions submitted at or before the Survey is to be stopped. We reserve the right to change these Terms, or otherwise modify the Survey, at any time without prior notice in our sole discretion.

7.3          These Terms are governed by the laws of Victoria. If any of these Terms are or become invalid, at our option, the relevant part is severed, & doesn’t affect the validity of the remaining parts. Neither of us, nor you, is (nor can you represent yourself to be) an employee, partner, agent or other representative of the other. A waiver must be in writing & signed. We don’t waive a right if we fail to or delay exercising it. References to time are to the time in Melbourne. References to the singular include the plural & vice versa.

7.4          We reserve the right to validate & check the authenticity of Submissions & your details (including an identity & age). If you cannot provide suitable proof to validate your Submission, you will forfeit the Reward in whole. We’re not responsible for unsuitable, lost, deleted, late or misdirected Submissions. We’re not responsible for technical difficulties with the Submission mechanism & we can’t guarantee that the Submission mechanism will be available at all times. Submissions are deemed to be received at the time of receipt by us & not at the time of transmission or deposit by the Participant. Records of us & our agencies are final & conclusive as to the time of receipt. Once submitted, Submissions cannot be altered or deleted. Incomplete or illegible Submissions will be deemed invalid.

7.5          We may disqualify any Participant who tampers with any Submission (or Survey process), or who submits an Submission which is not in accordance with these Terms or who we have reason to believe has breached any of these Terms, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair & proper conduct of the Survey.