1.            Information on ‘how to enter’ and prize details form part of these conditions of entry. Entries not completed in accordance with these conditions of entry or received after the closing date will not be considered. Participation in this promotion is deemed acceptance of these conditions of entry.

2.            The Promoter is Cadbury Pty Ltd (ABN 78 004 551 473) of 636 St Kilda Rd, Melbourne, VIC, 3004.

3.            The Promotion is co-ordinatedby T Garage Pty Ltd (ABN 99 118 105 025), Suite 7, Greenhill Enterprise Centre, 3 University Drive, Mount Helen, VIC, 3350 (“T Garage”).

4.            Selection of Vibe Village Participants into the Promotion commences on 00.01am (Melbourne time) on 9^th March 2010 and closes at 11:59pm (Melbourne time) on 28^th March (“Vibe Village Selection Period”). The Promotion commences on 00.01am (Melbourne time) 29^th March 2010 and closes at 11:59pm (Melbourne time) on 13^th June 2010 (“Promotion Period”).

5.            In these conditions of entry:

a.    “Invitation” means an invitation sent to a friend, colleague, team mate, associate or other person or potential member of the Workplace Team through the use of the Team ‘Dashboard’ inviting them to join the Workplace Team;

b.    “Multiple Choice Questions” means three (3) multiple choice questions in relation to the  Spread the Joy Program and Cadbury Fair Trade;

c.    “Promotion” means the entire Cadbury Fair Trade promotion and includes Promotion Part One and Promotion Part Two;

d.    “Promotion Part One” means the first part of this Promotion which is described in clauses 15. to 19. inclusively;

e.    “Promotion Part Two” means the second part of this Promotion which is described in clauses 20. to 29. inclusively;

f.     “Promotion Website” means the Spread the Joy Program page at website: www.cadburyfairtrade.com.au;

g.    “Team Dashboard” means the page made available on the Promotion Website for members of the Workplace Team to use throughout the Promotion;

h.    “Team Leader” means the one (1) participant (either Vibe Village Participant or a General Participant) that commences the registration of a group entry in accordance with clause 11. or clause 12a. (as applicable) and will be the named as the primary contact for the Workplace Team; and

i.      “Workplace Team” means a team or grouping of at least four (4) people (including the Team Leader, each of which must fulfil the eligibility criteria set out in these conditions of entry) that has successfully registered as an entrant into this Promotion.

6.            Participation in this Promotion is only open to those persons who:

a.    are Australian residents;

b.    are aged 15 years of age or over;

c.    either have:

(i)            been selected by T Garage in the Vibe Village Spread the Joy Program (based on the selection criteria set out below) to be entrants in this Promotion (“Vibe Village Participants”); or

(ii)           been invited to participate in this Promotion by any other means (including without limitation by direct access to the Promotion Website) (“General Participants”); and

d.    who otherwise fulfil the entry requirements set out in these conditions of entry.

7.            Nominated team leaders must also live in the specified post codes in Australia - click here to view the eligible post codes

8.            Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of T Garage or of the other agencies or companies associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child and sibling (whether natural or adopted by a parent), where or not they live in the same household as the director, manager, employee, officer or contractor.

9.            If a person wishes to be considered for entry into the Promotion as a Vibe Village Participant, they must during the Vibe Village Selection Period:

a.    register online at www.vibevillage.com.au (“the Vibe Village Website”) as a member of that site;

b.    complete and upload any personal data and information that may be requested and is subject to the privacy policy of T Garage;

c.    follow the prompts on the Vibe Village Website to the Spread the Joy Program;

d.    complete the promotional Spread the Joy Program survey questions; and

e.    submit the completed survey questions during the Vibe Village Selection Period.

10.         T Garage will consider each entry and will make a determination (using its absolute discretion) as to whether the person is suitable to participate as a Vibe Village Participant taking into account:

a.    the survey responses; and

b.    any other factors that the Promoter or T Garage may consider relevant.

11.         If a person has been selected to participate in the Promotion as a Vibe Village Participant, they will be notified by email within 21 days of completing the survey referred to in clause 9 and in any event no later than 11.59pm on 29^th  March 2010.

12.         In order for Vibe Village Participants to register and form a Workplace Team, Vibe Village Participants must:

a.    have received an email from T Garage authorising their entry into this Promotion (as contemplated in clause 11 above);

b.    click on the link in that email;

c.    follow the prompts to complete the registration process;

d.    correctly answer three (3) Multiple Choice Questions;

e.    send at least three (3) Invitations to people who meet the eligibility requirements set out in these conditions of entry (see clauses 6 and 8 above); and

f.     then complete the requirements of clause 13.b. below.

13.         In order for General Participants to register and form a Workplace Team, General Participants must:

a.    arrange for a Team Leader to:

(i)            access the Promotion Website;

(ii)           follow the prompts for a ‘Workplace Team’ registration;

(iii)          upload their personal data and information as requested on the Promotion Website;

(iv)         correctly answer three (3) Multiple Choice Questions; and

(v)          send at least three (3) Invitations to people who meet the eligibility requirements set out in these conditions of entry (see clauses 6 and 8 above);

and

b.    ensure that at least three (3) people (excluding the Team Leader), each of whom must meet the eligibility requirements set out in these conditions of entry (see clauses 6 and 8 above):

(i)            receive the Invitation;

(ii)           click on the link that is in the Invitation;

(iii)          join that Workplace Team by providing the personal data and information that is requested and agreeing to these conditions of entry; and

(iv)         correctly answer three (3) Multiple Choice Questions.

14.         Each person may only join one Workplace Team and any attempt to enter or join another Workplace Team will not be accepted.

15.         Invitations must only be sent to recipients who have given their consent (whether express or implied) to receiving emails and other communications from the participant.

16.         This Promotion Part One is a game of skill with participants required to form a Workplace Team during the Promotion Period in accordance with clause 12 or 13 (as the context requires), as quickly as possible. Chance plays no part in determining the winner. The Promoter’s decision as to prize winners will be final and no correspondence will be entered into.

17.         The first:

a.    880 Workplace Teams (whose Team Leaders were Vibe Village Participants); and

b.    500 Workplace Teams (whose Team Leaders were General Participants),

that are successfully registered in accordance with clause 11 or 12 above (as the context requires) will each receive one (1) ‘Workplace Pack’ which:

c.    will be sent to the Team Leader at their nominated workplace address; and

d.    is for use by the entire Workplace Team.

18.         Each Workplace Pack will include:

a.    Five (5) x 200g Cadbury® Dairy Milk® milk chocolate blocks;

b.    Ten (10) x ‘Scarborough Fair Ceylon Black Tea’ individually wrapped tea bags;

c.    Ten (10) x ‘Scarborough Fair Fairtrade Organic Biodynamic Green Tea’ individually wrapped tea bags;

d.    One (1) x ‘Scarborough Fair Original Blend Fairtrade Organic Granulated Instant Coffee’ 100g;

e.    Four (4) x Fairtrade branded posters;

f.     Twenty-four (24) x Fairtrade branded leaflets

g.    Three (3) x Fairtrade branded ‘table talkers’; and

h.    One (1) x ‘Team Leader’ letter;

 (“the Products”).

19.         Any costs associated with holding, hosting or attending an event or gathering whereby the Products are used by the Workplace Team, including but not limited to any costs associated with using or distributing food and/or drinks, will be the responsibility of the Workplace Team and its members and no contribution or reimbursement will be made by either the Promoter or T Garage.

20.         The total prize pool value for this Promotion Part One is $41,317.20 AUD.

21.         This Promotion Part Two is also a game of skill; chance plays no part in determining the winner. To enter the Promotion Part Two, participants are required to:

a.    form a Workplace Team during the Promotion Period in accordance with clause 12 or 13 above (as the context requires);

b.    expand, grow or increase the number of people in one Workplace Team by members of the Workplace Team:

(i)            sending Invitations; and

(ii)           encouraging potential new members who receive an Invitation to complete the Multiple Choice Questions;

c.    share the information about the Promotion and the Products by:

(i)            members of the Workplace Team emailing or creating links on various social networks (approved by the Promoter) to the Promotion Website or the Team Dashboard; and/or

(ii)           the Team Leader uploading up to three (3) original photos on the Team Dashboard in relation to the Products or the use of them or the Promotion or their involvement in it (which photos will be vetted by the Promoter once uploaded and are subject to the remaining terms and conditions of this Promotion).

22.         Invitations must only be sent to recipients who have given their consent (whether express or implied) to receiving emails and other communications from the participant.

23.         Entry into this Promotion Part Two is open to all Workplace Teams including those that did or did not receive a prize (which consisted of a Workplace Pack) under Promotion Part One.

24.         Each Workplace Team that enters this Promotion Part Two will score points for completing each component of this Promotion Part Two as follows:

 

25.         All photos submitted under this Promotion Part Two must be the original work of the Team Leader or a member of the applicable Workplace Team. The Team Leader must have the consent of all persons in the photograph before submitting the photo (which consent must cover the use and publication of the photo by the Promoter and its licensees). Without limiting any other requirements set out in these conditions of entry or on the Team Dashboard, the photos must not contain any obscene, illegal, offensive, defamatory, inappropriate, unsuitable, or infringing content as determined by the Promoter at its sole discretion.

26.         When accruing points, each participant, entrant and Workplace Team acknowledges and agrees that:

a.    Points earned by members that are confirmed members of a Workplace Team will be awarded to the Workplace Team and individuals will not accrue points individually.

b.    Each member of the Workplace Team is limited to answering the Multiple Choice Questions once and any subsequent attempt to answer the Multiple Choice Questions will not accrue any points.

c.    No more than three (3) photos may be uploaded by the Team Leader on behalf of each Workplace Team and the Promoter reserves the right to:

(i)            refuse to publish and/or remove any photo which in the Promoter’s absolute discretion, is deemed irrelevant or which in the opinion of the Promoter is in breach of these conditions of entry; and

(ii)           deduct any points that may have been previously awarded as a result of the photo being uploaded.

27.         The Promoter will judge all entries into this Promotion Part Two and will make a determination (using its absolute discretion) as to the prize winner taking into account the following:

a.    the number of points accrued by the Workplace Team as a whole in accordance with clause 24 above;

b.    the creativity and content of any photos uploaded on the Team Dashboard; and

c.    the sharing of information in relation to the Promotion, the Products and Cadbury Fair Trade; and

d.    any other factors that the Promoter may consider relevant in determining the prize winners of this Promotion Part Two.

28.         Ten (10) Workplace Teams will be selected as prize winners from all correct entries and will be notified by email within seven (7) days of the Promotion Period ending.

29.         Each prize winning Workplace Team will receive:

a.    Six hundred and forty-eight (648) x Cadbury Dairy Milk chocolate bars 50g

b.    Nine (9) x ‘Scarborough Fair Ceylon Black Tea’ boxes of 100 teabags;

c.    Fifty-Two (52) x ‘Scarborough Fair Original Blend Fairtrade Organic Granulated Instant Coffee’ 100g;

(“the Prize”).

The Prize will be awarded to the Team Leader for distribution among the winning Workplace Team (as agreed between the team members). The Promoter is not responsible for determining the allocation of the Prize among team members.

30.         The total prize pool value for this Promotion Part Two is $18,473.90 AUD.

31.         These General Conditions apply to both Promotion Part One and Promotion Part Two. Headings are for reference purposes only.

32.         The Promoter and T Garage reserve the right, at any time, to verify the validity of entries and the eligibility of all entrants, including an entrant’s identity, age and place of residence, and to disqualify any entrant who submits an entry that is not in accordance with these conditions of entry or who tampers with the entry process. Errors and omissions may be accepted at the discretion of the Promoter or T Garage. Failure by the Promoter or T Garage to enforce any of their rights at any stage does not constitute a waiver of those rights.

33.         Entries must be received by the Promoter or T Garage during the Promotion Period. The Promoter and T Garage accepts no responsibility for any problems in submitting entries or any late, lost, incomplete, misdirected, incorrectly submitted, indecipherable, corrupted or illegible entries. The Promoter and T Garage are not liable for any costs incurred as a result of any such problems or any other consequence of user error.

34.         If there is a dispute as to the identity of an entrant, the Promoter and T Garage reserve the right, in their sole discretion, to determine the identity of the entrant.

35.         The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.

36.         The Promoter and T Garage’s decision in relation to any aspect of this Promotion and the criteria applied by the Promoter or T Garage in determining prize winners is final and binding on every person who enters or participates and no correspondence will be entered into.

37.         The Products and Prizes are not transferable or exchangeable and cannot be taken as cash.  The value of each Prize and of the Products is accurate as at the commencement of the Promotion. The Promoter and T Garage accept no responsibility for any variation in the value of the prize after that date.

38.         If any Products or Prizes are unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the Product or Prize (or that part of the Product or Prize) with something to the equal or higher value.

39.         The Promoter and T Garage accept no responsibility for loss or damage to the Products or Prizes in transit and it makes no representations or warranties as to the quality or suitability of any of the goods offered as part of the Products or Prizes.

40.         As a condition of accepting any Prize or Product, a winner may be required to sign legal documentation as and in the form required by the Promoter, T Garage or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

41.         If a winning entry is deemed not to comply fully with these conditions of entry, the entry may at the Promoter or T Garage’s sole discretion be discarded and a new winner will be determined in accordance with these conditions of entry.

42.         Products and Prizes must be claimed within 60 days of winners receiving notification. In the event of the Products or a Prize not being accepted or claimed by this date, the winner’s entry will be declared invalid and the Promoter and T Garage reserve the right to award the prize to the next quickest entry (in the case of Promotion Part One) or to the next best entry (in the case of Promotion Part Two).

43.         When any entrant submits, produces or distributes any material for this Promotion including (without limitation), comments, recordings, videos, images and/or survey responses (“Content”), the entrant, unless the Promoter or T Garage advises otherwise, licenses and grants the Promoter and T Garage, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

44.         Entrants agree that they are fully responsible for the Content they submit, produce and/or distribute. The Promoter and T Garage shall not be liable in any way for such Content to the full extent permitted by law.

45.         The Promoter or T Garage may refuse to accept or to publish and may remove, amend, modify and/or takedown any Content without notice for any reason whatsoever. Entrants warrant, acknowledge and agree that:

a.    they will not submit, produce or distribute any Content that is unlawful or fraudulent, or that the Promoter or T Garage may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

b.    they will obtain prior consent from any person or property that appears in their Content;

c.    they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

d.    their Content shall not contain viruses or cause injury or harm to any person or entity;

e.    they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; and

f.     the Promoter and T Garage reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these terms and conditions.

46.         Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and T Garage for any loss, damage, costs or expenses suffered by the Promoter or T Garage as a result of or as a consequence of a breach of the above terms.

47.         The Promoter or T Garage may, in their absolute discretion, modify, suspend, cancel or recommence the Promotion or any part thereof, as appropriate, if:

a.    for any reason, the Promotion (or part of) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter or T Garage which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion; or

b.    the entry process, the determination of the Prize winners and/or the delivery of the Prizes or Products are prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.

48.         Any cost associated with accessing the Promotion Website for the purpose of entering or participating in this Promotion is the entrant’s responsibility and is dependent on the internet service provider used by each entrant.

49.         Except for any liability that cannot be excluded by law, the Promoter and T Garage (including their officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:

a.    any technical difficulties or equipment malfunction (whether or not under the Promoter or T Garage’s control);

b.    any theft, unauthorised access or third party interference;

c.    any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or T Garage) due to any reason beyond the reasonable control of the Promoter or T Garage;

d.    any variation in prize value to that stated in these conditions of entry;

e.    any tax liability incurred by a winner, entrant or participant; or

f.     participation in any event or activity and/or the use of the Prizes or Products.

This clause 48 does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.

50.         Entrants and participants consent to the Promoter and T Garage using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or T Garage.

51.         The Promoter and T Garage collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, T Garage, agents, contractors, service providers and prize suppliers.  Entry is conditional upon this information being provided.  The Promoter may also use and disclose entrant information in accordance with the purposes set out in its privacy policy. All entries become the property of the Promoter.  The Promoter’s privacy policy can be viewed at www.cadbury.com.au.