Terms & Conditions for Beat the Heat

Competition Terms & Conditions

1. General

1.1 Competition Specific Definitions

Competition Website means the website(s) at the domains or sub-domains under:

  1. https://unearthed.solutions/u/competitions/beat-the-heat operated by the Host;
  2. any such domain or sub-domain as notified by Unearthed Solutions to the Entrants in writing.

Sponsor means Newcrest Mining Limited.

1.2 General Definitions

Algorithm means any code, text, data, algorithm or series of algorithms or series of

equations, material, software, designs, documents, descriptions or specifications which is used, in whole or in part, directly or indirectly, in calculating, drafting, building, devising, calibrating, testing, evaluating, analysing or generating a Submission and building and running the associated executable code.

Closing Date means the date specified in the Overview Section of the Competition Website or such other date as Unearthed Solutions shall nominate.

Commencement Date means the date specified in the Overview Section of Competition Website or such other date as Unearthed Solutions shall nominate.

Competition means the competition conducted by Unearthed Solutions on behalf of the Sponsor.

Data means the data or dataset linked from the Competition Website for the purpose of use by the Entrants in the Competition.

Intellectual Property (IP) means all Intellectual Property Rights which are owned by the Entrant or which subsist in the Algorithm, Product or Submission.

Entrant means a participant of the Competition who meets the entry criteria outlined in clause 3.1 and has entered the Competition in accordance with clause 4 of these terms and conditions.

Host means Unearthed Solutions Pty Ltd ACN 602 886 895.

Immediate Family includes a spouse, de facto partner, parent, guardian, natural or adopted child or sibling.

Intellectual Property Rights means any intellectual or industrial rights (including a patent, copyright, trade mark, design, rights in confidential information, rights in relation to circuit layouts and similar rights, in each case whether or not registered) granted under any laws anywhere in the world.

Judges means Unearthed Solutions and the Sponsor.

Loss includes any direct, indirect, special, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence) statute or otherwise and whether pecuniary or non-pecuniary. This includes but is not limited to, loss of profit, legal costs and defence or settlement costs.

Nominated Bank Account means the bank account that has been nominated by the

Winners. Such account must be in countries which are not under embargo or sanction by either the United States of America or Australia.

Overview Section means the section labelled “Overview” on the Competition related component of the Competition Website.

Product means any design, wire frame, web page, [prototype (physical or otherwise), application, source code, model, structure or other product created in calculating, drafting, building, devising, calibrating, testing, evaluating, analysing or generating a Submission.

Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).

Rules Section means part of the Competition Website titled Rules.

Submission means the material submitted by the Entrant in the manner and format specified on the Competition Website.

Unearthed Solutions means Unearthed Solutions Pty Ltd ACN 602 886 895.

Winner Announcement Date means the date specified in the Overview Section of the Competition Website or such other date as Unearthed Solutions shall nominate.

Winners means, the Entrants whose Submissions are selected by the Judges as winning a prize.

1.2 Interpretation

In the interpretation of these terms and conditions, unless the contrary intention appears:

1.2.1      The word includes or including mean includes without limitation or including without limitation;

1.2.2      A reference to a person or entity includes a reference to an individual, group of individuals, corporation, firm, association or other entity;

1.2.3      The singular includes the plural and vice versa;

1.2.4      An agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally; and

1.2.5      Headings are inserted for convenience and do not affect the interpretation of these terms and conditions.

2. Agreement to be Bound

2.1 By entering this Competition, Entrants agree to abide by these terms and conditions which constitute a binding agreement between the Entrant and Unearthed Solutions on behalf of the Sponsor.

2.2  For the avoidance of doubt, information on how to enter the Competition forms part of these conditions of entry.

2.3 The Competition is sponsored by the Sponsor and promoted on the Sponsor’s behalf by Unearthed Solutions using the Host.

3. Entrants

3.1 Entry to the Competition is open to all persons who meet the following entry criteria:

3.1.1         persons must be over the age of 18 years;

3.1.3         directors, managers and employees of the Sponsor or the Host are ineligible to enter, except for employees of the Sponsor who present a written declaration stating they did not receive any material support from the Sponsor to prepare their submission.

4. How to Enter

4.1 The Competition commences at the date and time specified on the Competition Website. No requests for extensions will be considered.

4.2 Entry to this Competition is free of charge.

4.3 Entrants are required to register for the Competition on the Competition Website prior to the Closing Date. At registration, Entrants are required to provide their contact details including an email address. The Entrants warrant and acknowledge that the details provided at registration are true and correct.

4.4 Once the Entrant has registered for the Competition, the Entrant will receive email communication from the Host and Unearthed Solutions containing instructions on how to make Submissions, and an invitation to access the private model (via which the Entrant will be able to download the Data).

5. Timing

The key dates for this Competition are as listed in the Overview Section of the Competition Website. The key dates may change, and such changes will be publicised on the Competition Website.

It is the Entrant’s responsibility to check the Competition Website regularly throughout the Competition to stay informed of any new or updated dates.

6. Judging Criteria and Selection of a Winner

6.1 The Judges will judge all Entrants’ submissions based on the criteria laid out in the Rules Section of the Competition Website.

6.2 While the Competition is open, Entrants will be required to enter their submission exactly as specified in the Rules Section.

6.3 If two or more Entrants have the same score (a tie), those Entrants will be ranked in accordance with the date of their Submission, giving priority to the earlier submission.

6.4 The Entrants who may qualify as Winners due to their Submission may be asked to submit additional documentation to the Judges for full assessment.

6.5 The Algorithms, Products or Submission as requested in the Rules Section will be examined for accuracy of results (at the discretion of the Judges).

6.6 Based on the examination of the Submission, Product or Algorithm, the Judges will select the Winners of the Competition. The Judges’ decision is final and no Entrant is entitled to reasons for the decision or to argue against the result, the outcome of the result or the method of the selection process. No correspondence will be entered into in this regard. This is a competition of skill. Chance plays no part in this Competition.

7. Prizes

7.1 Competitions may have multiple Prizes on offer. The prizes are outlined in the Overview Section.

7.2  The value of the Prizes are accurate as at the Commencement Date. The Judges accept no responsibility for any variation in the value of the prize after that date. If for any reason the Prizes are not available, Unearthed Solutions reserves the right to substitute another item for it, in its sole unfettered discretion, of equal or higher value.

7.3  The Winners will be notified by email that they have won and the place they have ranked.

7.4  Payment of the Prizes to the Winners will be made via Electronic Funds Transfer to the Winners’ Nominated Bank Account. Transaction fees associated with the payment of the Prizes will be deducted from same.

7.5 In the event of a Prize not being accepted or claimed, or if the Prize is unable to be transacted in accordance with Clause 7.4 within one (1) month of the Winner Announcement Date, that Submission will be deemed invalid and the Entrant shall be disqualified. The Judges may, in their sole discretion, select another winner in their place.

8. Data

8.1 Entrants must use the Data solely for the purpose and duration of the Competition, including but not limited to reading and learning from the Data, analysing the Data, modifying the Data and generally preparing a Submission.

8.2 Entrants must not reproduce, disclose to any third party, distribute copies of, display, sublicense or create derivative works of the Data without the Sponsor’s prior written approval.

8.3 Entrants agree to use suitable measures to prevent persons who have not formally agreed to these terms and conditions from gaining access to the Data and agree not to transmit, duplicate, publish, disclose, distribute redistribute or otherwise provide or make available the Data to any party not participating in the Competition. Entrants agree to notify the Judges immediately upon learning of any possible unauthorised transmission or unauthorised access of the Data and agree to work with the Judges to rectify any unauthorised transmission. Entrants agree that participation in the Competition shall not be construed as having or being granted a licence (expressly, by implication, estoppel, or otherwise) under, or any right of ownership in, any of the Data.

9. Personal Information Use

9.1       All personal information of the Entrants will be used by the Judges for the purposes of conducting this Competition. The Judges may disclose Entrant’s personal information to its contractors and agents to assist in conducting this Competition. The Judges are bound by the National Privacy Principles as outlined in the Privacy Act 1988.

9.2       The Host collects personal and professional information when the Entrant registers for the Competition. The Entrant agrees that the Host may share such personal and professional information with the Judges.

10. Disqualification of Entrants

10.1     The Judges reserve the right in their sole discretion to disqualify any Entrant who the Judges have reason to believe has breached any of these terms and  conditions, the rules laid out in the Rules Section or who has engaged in any unlawful or other improper misconduct which in the opinion of the Judges is calculated to jeopardize the fair and proper conduct of the Competition.

11. Warranties

11.1 by entering a Submission, Entrants represent and warrant that all information

entered on the Competition Website by them is:

11.1.1       true and complete to the best of their knowledge;

11.1.2       the Entrant has the right and authority to make the Submission (including any underlying code and model) and shall only include code, data or other materials that they have the right to use and release;

11.1.3       is the Entrant’s own work;

11.1.4       does not contain confidential information or trade secrets and is not the subject of a registered patent or pending patent application;

11.1.5       does not violate or infringe upon the Intellectual Property Rights, rights of privacy or publicity of any person or entity; and

11.1.6       does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information.

12. Taxation

The Judges accept no responsibility for any taxation impact, effect or implications upon a winner that may arise from the winning of the Prize. Independent financial advice should be sought as to the impact, effect or implication of the Prize on each winner.

13. Liability

The Judges shall not be liable in connection with the Competition except for the following, which cannot be excluded by law:

13.1   personal injury, illness or death of any person;

13.2   loss of, or damage to any property of the Sponsor, The sponsor’s Personnel or any third party;

13.3   infringement of any Intellectual Property Rights;

13.4   breach of confidentiality obligations;

13.5   fraud or dishonestly;

13.6   unlawful or illegal acts; or

13.7   negligent, reckless or intentional act or negligent omission.

14. Ownership of Intellectual Property Rights

14.1 The Entrant will retain ownership of all of its IP. Nothing in these terms or conditions assigns, transfers or otherwise affects the ownership of Entrant IP not created for the Competition.

15. Jurisdiction

The Contract is governed by and is to be interpreted in accordance with the Laws applicable in the State of Western Australia, Australia and the parties unconditionally submit to the jurisdiction of the courts in that State.

If any dispute, or claim arises under the Contract. a party will provide written notice ("Dispute Notice") to the other of the matters in dispute and the parties will meet for the purpose of resolving the dispute within 21 days after the service of the notice provided under this paragraph.