Digital Twin Awards - Terms & Conditions

Last updated November 11, 2022.

1. The Digital Twin Awards (“the Digital Twin Awards” or “the DTAs”) is free and open to all aged 18 or over (“the Entrants”).

2. The Digital Twin Awards will be run by CAPTUR3D (“we” or “us” or “our”) throughout these Terms and Conditions.

3. By entering the DTAs, the Entrants accept these Terms and Conditions together with any specific instructions and terms for the DTAs which may be mentioned on-air, in any electronic messages, or on the website, or communicated to the Entrants in any other way (“Awards Information”). Such Awards Information shall prevail in the event of there being any inconsistency between these Terms and Conditions and any Awards Information.

4. We may cancel or amend the DTAs, Awards Information, or these Terms and Conditions without prior notice. Any changes will be posted either within the Awards Information or these Terms and Conditions. These Terms and Conditions were last updated September 6, 2022.

5. Our decision in all matters to do with the DTAs will be final and no correspondence will be entered into.

Entry

1. The DTAs will open on September 26, 2022. The closing time and date for receipt of entries is November 4, 2022 at 11:59pm AEST.

2. All Entrants must have a valid Matterport Digital Twin or Matterport link to enter.

3. Entrants may only submit one valid Matterport Digital Twin per category:

(a) Best Digital Twin of 2022

(b) Most Unique Use of Matterport

(c) Best Digital Twin for Real Estate

(d) Best Digital Twin for Arts & Culture

(e) Best Digital Twin for Education

4. Each entry will be judged separately. Entrants must not communicate with any judges for the Awards (“the Judges”) about the DTAs or Awards Information or any related matters. Attempts to contact the Judges may result in disqualification from the DTAs.

5. The judging period will commence November 5, 2022 and shortlisted entries (“Nominees”) will be announced the week of November 14, 2022. Nominees will then be listed as finalists for the public vote.

6. At no stage and under no circumstances will CAPTUR3D or PHORIA or any of its internal employees impact, influence, or determine the outcomes of the judging process.

7. To enter the DTAs, the Entrants must do the following:

(a) Register an account and submit their Matterport Digital Twin, along with any supporting written content, or video or image files.

(b) Read and accept these Terms and Conditions.

8. Contact details such as your name and email address will be collected with your entry. The sole purpose of this is administering the DTAs. Your personal information will not be used for any other purposes.

9. The Entrants must own or have the rights to use the Matterport Digital Twin they choose to submit. Failure to show ownership or usage rights will result in disqualification.

10. Entries must be completed in accordance with the entry requirements outlined above. No other method of entry will be accepted. Entries which do not meet the requirements may not be considered and may be removed from the Awards.

11. Entries will not be complete until Entrants have uploaded their Matterport Digital Twin and accepted these Terms and Conditions. We reserve the right to disqualify any entries submitted and/or finalised after the submission period has closed.

12. All Entries will be subject to moderation. We have absolute discretion to accept or disqualify and remove an entry without giving reasons for the decision. We may in particular disqualify and remove an entry for the following reasons:

(a) inclusion of defamatory or malicious content;

(b) inclusion of content which someone else owns the copyright or other intellectual property rights, such as music, singing, trademarks, logos, insignia, location signage, sculpture, posters, pictures, photographs or other artwork, music tracks, snippets of copyrighted programmes, or films made by other users, without the requisite authorisations;

(c) breach of these Terms and Conditions

13. We reserve the right to use any Matterport Digital Twins or other media submitted with any entry, such as videos or images, for promotional purposes. If required, Entrants must supply a digital copy of the original video or image file for potential online broadcast or transmission by any electronic means.

14. By entering the DTAs, the Entrants warrant that all information submitted by them is true, current, and complete. Entrants also warrant that they are the copyright owners of their entries or that they have the usage rights for their entries. Entrants must not infringe the intellectual property rights, privacy, or any other rights of a third party.

15. By entering the DTAs, Entrants understand and agree that:

(a) the Entrants grant us a worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable licence which shall be exclusive for worldwide broadcast online and non-exclusive for all other forms of media to use their entries for whatever purpose including, without limitation, in connection with (i) any Programme produced in relation to the DTAs or containing any information in relation to the DTAs, including, without limitation, promotion and redistributing part or all of any such Programme (and derivative works thereof), and (ii) our internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, internet protocol, wireless or interactive platforms or interfaces) through which we distribute content to end users, whether now existing or hereafter developed in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit, payment, or other obligation to Entrants. For the avoidance of doubt, these rights include, without limitation, the absolute right to edit and/or alter any entry, distribute and synchronize all or any portion of any entry in timed relation to any other visual elements; to web cast, podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of any entry; to encrypt, encode and decode, and compress and decompress all or any portion of any entry; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of any entry; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of any entry; and to excerpt and/or extract portions of any entry in order to host, store, index, categorize and display entries on or through the Platforms. We reserve the right to use (or not use) Entrants’ entries at all and/or as little of the entry as we so choose;

(b) the Entrants indemnify the DTAs Parties (defined below) from any claim in respect of their entry;

(c) to the extent permitted by applicable law, the Entrants unconditionally give us their consent to any act or omission that would otherwise infringe on any moral rights they may have in and in relation to their entries, and they undertake that they will not institute, maintain or support any claim or proceeding for infringement of any moral rights you they may have in and/or in relation to their entries.

16. None of our, (including their employees, officers, servants, agents) or any other party or organisation (including their, employees, officers, servants, agents) involved in the management, promotion, or administration of the DTAs, or its entry, or implementation of any prize (or their agents or subsidiaries involved in any way in the DTAs or any prize) (together the “DTAs Parties”) will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by us or any third party), virus, bugs, or other causes outside its control. Proof of submission online is not proof of receipt by us.

17. Any entries which are incomplete, incorrect, inaudible, incomprehensible, may be void.

18. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry, or the operation of any part of the DTAs, or the interpretation of these Terms and Conditions, the decision we make shall be final and no correspondence will be entered into.

19. We reserve the right to disqualify any Entrants and/or entries which we believe are not in compliance with these Terms and Conditions or to disqualify any Entrant found to have tampered with the entry process or the operation of the DTAs or to be acting in a disruptive manner, or with intent to threaten, abuse or harass any other person.

Nominees

1. The Judges will shortlight their favourite Entrants from all eligible entries received. Only these Nominees will be notified.

2. The Nominees first names, surnames, company name and industry may be published.

3. We reserve the right to select an alternative Nominee in the event that a Nominee is unable to be contracted or withdraws their nomination. The alternative Nominee shall be selected only by judges and not by any other party.

Public Vote

1. The Public will then be invited to vote for their favourite Nominee (“People’s Choice Vote”). The voting will open using the below factors:

(a) You may only vote once in each category. Voting is free.

(b) You must validate each vote you cast via email. Failure to validate the vote will mean that your vote does not count.

(c) Number of views, social shares and comments will be displayed but will not affect the vote count.

You may be subject to your standard internet access charges or data charges if you are using a web browser on your mobile phone.

2. The People’s Choice Vote will open on November 11, 2022 at 12pm AEST and will close November 30, 2022 at 11:59pm AEST.

3. We reserve the right to disallow votes if it has reasonable grounds to suspect that fraudulent votes have been cast (i.e. more votes than a human being could possibly submit in the time available without the use of software or other devices designed to make automated votes).

4. We reserve the right to disqualify any Nominee who engages in activity which could be designed to unfairly manipulate the outcome of the Public Vote, including using monetary or rewards-based incentives to encourage votes.

5. The Nominee who receives the highest number of public votes in any given category will be awarded as the public winner of that category (“People’s Choice Winner”).

6. In the event of an equal number of votes, all tied Nominees will be awarded as dual People’s Choice Winners.

7. We will take all reasonable steps to contact the People’s Choice Winner using the details provided by the Nominee when they entered the DTAs but in the event of any failure to do so or a Nominee’s failure to respond within 72 hours of the results of the People’s Choice Vote being determined, we reserve the right, in its absolute discretion, to select an alternative People’s Choice Winner from the Nominees.

8. The People’s Choice Winner for each Category must be available to take part in interviews and/or any other promotional materials and/or events if requested by us. In the event that the People’s Choice Winner is not available when required, we reserve the right, in its absolute discretion, to select an alternative People’s Choice Winner.

Official Winners

1. From the Nominees shortlisted during the judging process, the Judges will select an Entrant from each Category to be awarded as the category winner (“Official Winners”).

2. Official Winners will only be announced following the conclusion of the People’s Choice Vote.

3. A single Entry may be awarded as the Official Winner and People’s Choice Winner for any given Category.

4. We reserve the right not to disclose the criteria used to determine Official Winners (“Judging Criteria”). The Judges will be required to assess the merit of every Entry independently and without prejudice.

Prize

1. Both Official Winners and People’s Choice Winners (“the Winners”) will receive a prize (“Winners Package”) consisting of: a digital certificate, winners laurels and a media feature with Matterport.

(a) The Winners acknowledge that the Winners Package is non-transferable and is not redeemable for or any other value or consideration.

(b) We may in its sole discretion refuse to provide the Winners Package, or seek its recovery, in the event of non-entitlement under these Terms and Conditions or an Entrant's breach of these Terms and Conditions, fraud, dishonesty, or other inappropriate or improper conduct.

2. The media feature will be spent to the primary point of contact associated with each of the Winners for approval, before publication.

Data Protection and Publicity

1. The first names and surnames of the Nominees put through to the Public Vote and the Category Winners may be available from the date the various Nominees are selected for a minimum period of three months.

2. We may exercise the sole discretion to use all Nominees’ names, company names, industries, addresses, images, and their comments relating to the DTAs for promotion of the DTAs, or the DTAs Parties, and for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.

3. The information Entrants supply in connection with the DTAs:

(a) may be included in a database compiled for the DTAs and will be used for the purposes of selecting Nominees;

(b) may also be used for inclusion and/or read out in any programme produced in connection with the DTAs; and

(c) will not be supplied to third parties (other than the DTAs Parties) other than as is reasonably necessary to select Nominees and administer the DTAs.

4. Any personal information provided by the Entrants will only be used by us in accordance with our Privacy Statement which is accessible for the purposes of the DTAs or as otherwise set out in these Terms and Conditions.

Liability

1. Nothing in these Terms and Conditions shall exclude or limit the DTAs Parties’ liability for death or personal injury caused by their staff or supplier's negligence or for fraud. Subject to this, none of the DTAs Parties can accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering the DTAs or as a result of accepting the Winners Package. None of the DTAs Parties are responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the DTAs.

2. None of the DTAs Parties promise that the services relating to the DTA will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of any DTAs Parties. We will not be liable in the event that all or any part of the service relating to the DTAs is discontinued, modified or changed in any way.

Standard terms

1. In the event that any Entrant does not, or is unable to, comply with and meet these Terms and Conditions and the Awards Information, we shall be entitled at our sole discretion to disqualify such Entrants, without any further liability to such Entrants. In these circumstances, any prize won by the Entrants may be forfeited. All Entrants must comply with any directions given by any DTAs Parties including but not limited to any and all relevant laws, rules and regulations, and where applicable.

2. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

3. These Terms and Conditions and the Awards Information shall be exclusively governed by and construed in accordance with the laws of Australia.

4. Our Customer Services team may be contacted on support@captur3d.io