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Creative program

Archaeological discards T&Cs

Go back to the Creative Program

By responding to this EOI, you agree to the following EOI terms:

Conditions

Participation

  1. This Expression of Interest (“EOI”) is conducted by Cross Yarra Partnership ABN 57 956 065 885, on behalf of Metro Tunnel Creative Program, of Level 3, 628 Bourke Street, Melbourne VIC 3000 “Promoter”.
  2. Entry to the EOI constitutes acceptance of these conditions.
  3. The Promoter makes no warranties as to the condition or quality of the archaeological discards (“Items”) as further described in the “EOI Survey Form ”.
  4. The EOI is only open to Eligible Entrants. An “Eligible Entrant” is an individual who, at the time of entry:
    1. is a resident of Australia aged 18 years or older (or 13, with guardian/parent consent);
    2. is not an employee of the Promoter or agencies associated with the Competition;
    3. is not a spouse, de facto spouse, parent, child or sibling (whether full, half, step or by adoption) of such an employee;
    4. is registered with the Metro Tunnel Creative Program Artist Pool
  5. The EOI opens at 11:00 (AEDT) Thursday 23 January 2025 and closes at 17:00pm (AEDT) Friday 14 February 2025 (“Entry Period”).
  6. All times and dates are times and dates in Melbourne, Australia. Time of receipt of electronic communications by Project Co is in accordance with section 13B of the Electronic Transmission (Victoria) Act 2000.

Entry

  1. To enter, an Eligible Entrant must follow the entry instructions in these conditions. The Eligible Entrant, must, during the Entry Period, correctly fulfil the entry requirements; completion of an online form detailing in 100 words or less, how they intend to use the Items and their creative approach.
  2. The Promoter takes no responsibility for any late or misdirected entries or for any delays or failures in any telecommunications service or equipment.
  3. The selection criteria used to determine the successful Eligible Entrants (“Successful Artists”) is based upon an examination of:
    1. the Eligible Entrant’s overall artistic concept; and
    2. the Eligible Entrant’s intended outcome utilising the Items.
  4. All Eligible Entrants will retain the intellectual property and copyright of the concepts they propose as part of the EOI.
  5. Selection will be by a panel made up of representatives from the Promoter and the Metro Tunnel Project Office using the selection criteria per clause 9.
  6. The Successful Artists who have followed the entry instructions will be notified via the email address provided when submitting the EOI Survey Form once the selection process has been completed.
  7. All EOI entries may be subject to verification by the Promoter. The Promoter will reimburse an Entrant for any reasonable costs incurred in complying with this condition. An Entrant must deliver to the Promoter (by a means determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity. The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an Entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter’s request, an entrant must, also within, 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.
  8. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant invalid if the Entrant:
    1. fails to establish their entitlement to enter the Competition to the Promoter's reasonable satisfaction; or
    2. fails to produce items as required by condition 13 or produces items that, in the Promoters’ reasonable opinion, are illegible, stolen forged, reconstructed, altered, incomplete or tampered with in any way; or
    3. in the Promoter’s reasonable opinion, tampers with the entry process or benefits from such tampering; or
    4. in the Promoter’s reasonable opinion, submits an entry which is not in accordance with these conditions.
  9. Any costs associated with accessing the EOI Survey Form, Promoter website and/or e-Newsletter are the responsibility of the person seeking access and are dependent on the Internet service provider used.

Successful entrants

  1. The Successful Artist(s) must respond to Metro Tunnel Creative Program’s email within 10 Business Days to confirm they would like to proceed in receiving the Items.
  2. The Successful Artist(s) are required to inspect and collect the Items from the Metro Tunnel Creative Program within 2 weeks of notification that they have been successful on a date and at a time to be agreed, unless otherwise agreed and confirmed either by email to the Promoter at creativeprogram@cyp-pco.com.au, or another method agreed by the Promoter.
  3. The Successful Artist(s) must provide some images of how the Items have been used in their practice to the Promoter, by emailing creativeprogram@cyp-pco.com.au, within 12 months of receiving the Items.
  4. If the Successful Artist(s) intends to share or mention the Items and/or their work utilising the Items in a public forum such as a website, catalogue, social media etc., they are required to seek approval from the Promoter, by emailing creativeprogram@cyp-pco.com.au, or another method agreed by the Promoter.
  5. The Successful Artist(s) acknowledges that these images may be shared and published on external channels by the Promoter, including @metrotunnelart and other social media pages, website, reports and other purposes.
  6. Risk in and ownership of the Items will pass to the Successful Artists upon collection of the Items.
  7. A right to receive these Items is not transferrable or exchangeable and cannot be taken as a monetary payment.

General

  1. If for any reason the conduct or operation of the EOI is interfered with or disrupted in any way by a cause outside the reasonable controls of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition.
  2. The Promoter assumes no responsibility for:
    1. Any error, omission, interruption or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;
    2. Any theft, destruction, or unauthorised access to, or alteration of such communications;
    3. Any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
    4. Any incorrect or incomplete information which may be communicated in the course of administering this Competition (whether as a result of one of the foregoing causes or otherwise).
  3. All of the Promoter’s decisions are final and no correspondence will be entered into.
  4. To the full extent permitted by law, the Promoter and its personnel exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant in connection with receiving these Items, including:
    1. Any indirect, economic or consequential loss;
    2. .Any loss arising from the negligence of the Promotor, its employees, subcontractors or agents;
    3. .Any liability for personal injury or death.
  5. Entrant’s personal information will be collected by or on behalf of the Promoter in accordance with the Metro Tunnel Privacy Statement (https://metrotunnel.vic.gov.au/privacy-statement). The Promoter will collect and use the information to enable it to administer the EOI and publicise the names of the Successful Artists. The personal information of the Successful Artists may be provided to others assisting in the conduct of the EOI. Entrants may contact the Promoter to request access to, or corrections of, any of their collected personal information that is held by Project Co. If an entrant does not provide accurate personal information, Project Co may determine that they are not eligible to receive these Items.