DIGITAL WALLPAPER
DESIGN COMPETITION CONDITIONS OF ENTRY

We have some complaints regarding clause 10, the common theme of the complaints concern the granting and assignment to Flash Photobition of copyright and other intellectual property rights in the designs submitted. The perception that the Company is attempting to “copyright grab” from the true authors/designers of the work is a concern to us as our intention in running the competition has only been to encourage and provide an outlet for people’s creativity. In addition, we were hoping to increase the awareness of the possibilities that are now available in regard to expanding the creative boundaries for interior solutions.

We do not expect large-scale sales of designs submitted to the competition; as the product is custom wallpaper we expect our clients to largely create their own designs.

In light of the comments and perceptions of potential competition participants, we have decided to alter Clause 10 by limiting our use of any designs. We will only (potentially) use designs submitted to the competition which did not win, as well as the winner for our own internal promotional purposes ie. for display in our premises and/or related purposes as an introduction to the possibilities for the product. We therefore intend to retain the right to use such designs for PROMOTIONAL PURPOSES ONLY. Where a commercial purchase is made, we will contact the author of the design and in conjunction with them, negotiate a fee with the client on behalf of the designer. Any fee will obviously depend on the size of the project. THE ENTIRE AMOUNT OF ANY APPLICABLE DESIGN FEE WILL THEN BE PASSED ON TO THE DESIGNER.

1. All entrants in this competition run by Photobition Pty Ltd agree to be bound by these conditions of entry.

2. Instructions on how to enter the competition form part of the conditions of entry.

3. All entries must include an entry form with a signed declaration. If the entrant is under 18 years of age the entry form declaration must be signed by the entrant’s parent or guardian. If the entrant submits more than one design they must attach a separate entry form to each design.

4. The competition is open to all residents of Australia except employees of Photobition Pty Ltd and their families. The person eligible to claim the prize is the creator of the design.

5. Designs must be submitted on a CD according to the required format (refer to attached help sheet). The CD is to be accompanied by one A4 print out at a scale of either 1:6 for a small sized design, 1:12 for medium or 1:24 for large.

6. The designer of the winning entry will be awarded a cash prize of A$5,000.00. Runners up will have their designs printed.

7. Entry opens on 8 May 2003 and all entries must be received by no later than 30 September 2003

8. Each person is permitted to submit up to ten (10) entries.

9. Entries must be submitted by postage paid mail addressed to Photobition Pty Ltd by the competition closing date at 8 Guihen Street, Camperdown NSW 2050.

10. All entrants agree to permit Photobition Pty Ltd to use their design/s for promotional purposes only, namely for display at Photobition's premises and/or for the purpose of introducing the design/s to a third party/ies for potential commercial use. In the event that any commercial arrangement is entered into with a third party, Photobition Pty Ltd undertakes to contact the author of the design/s and to negotiate a fee structure for use of the design's on behalf of the designer with the third party. The full amount of any agreed fee shall be passed on to the designer.

11. The winner must as a condition of the prize agree to participate in such promotional activities and feature in such promotional material as Photobition Pty Ltd may require.

12. Personal information collected as a result of this competition other than the name of the winner and those entrants whose names are acknowledged if their designs are used, will remain private and will not be provided to any third party.

13. The winner will be notified by mail within one month from the closing date of the competition.

14. Photobition Pty Ltd shall not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained as a result of this competition.

15. Each entry must be original. By entering the competition each entrant agrees to indemnify Photobition Pty Ltd from and against any and all liability arising as a result of their entry either infringing the intellectual property rights of any third party or being defamatory, libellous or otherwise unlawful.

16. The competition conditions shall be governed and construed in accordance with the laws of New South Wales.

17. Fraudulent, illegible, defaced, incomplete or incorrectly completed entries will be disqualified. If an entrant provides an incorrect name, age, address or other incorrect information in relation to the entry, the Photobition Pty Ltd reserves the right to treat the entry as invalid. If the fraud, deceit or other action is only discovered after the prize has been released, the prize must be returned to Photobition Pty Ltd forthwith upon discovery by Photobition Pty Ltd.

18. Late entries will not be accepted. No responsibility will be taken for late, lost or misdirected entries.

19. The entries will be judged based upon the originality, creativeness, attractiveness and presentation of the designs submitted. The decision of the judging committee is final and no correspondence will be entered into.

20. The judges' decisions in relation to any aspect of a competition are final. No correspondence will be entered into.

The Promoter is Photobition Pty Ltd, ABN 71 081 163 251, 8 Guihen Street, Camperdown NSW 2050.