Cadbury Fair Trade Promotion for Vibe Village Participants
TERMS AND CONDITIONS
1. Information on ‘how to enter’ and prize details form part of these terms and conditions. Entries not completed in accordance with these terms and conditions or received after the closing date will not be considered. Participation in this promotion is also subject to the terms and conditions of the Vibe Village Website, available from
www.vibevillage.com.au. Participation in this Promotion is deemed acceptance of these terms and conditions.
2. The promoter of this Promotion is T Garage Pty Ltd (ABN 99 118 105 025), Suite 7, Greenhill Enterprise Centre, 3 University Drive, Mount Helen, VIC, 3350 (“T Garage”).
3. The Promotion commences on 00.01am (Melbourne time) on 9th March 2010 and final entries close at 11:59pm (Melbourne Time) on 28th March 2010 (“Promotion Period”).
Definitions
4. In these terms and conditions:
a. “Cadbury Fair Trade Promotion” means the Cadbury Fair Trade promotion which is to be operated by Cadbury Pty Ltd (ABN 78004551473) of 636 St Kilda Rd, Melbourne, VIC, 3000 and is separate to this Promotion;
Entry
5. 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. live in the specified post codes in Australia - click here to view the eligible post codes; d. are part of a team or involved in some common grouping of people either for business, social or other personal reasons
(“Eligible Entrants”).
6. This is a game of skill with Eligible Entrants required to:
a. register online at the Vibe Village Website to be a member;
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; and
d. complete the promotional Spread the Joy Program survey questions; and
e. submit the complete survey questions during the Promotion Period.
7. T Garage will judge all entries and make a determination (using its absolute discretion) as to the prize winners taking into account:
a. the survey responses; and
b. any other factors that the T Garage may consider relevant in determining the prize winner.
8. Prize winners will be selected from all correct entries and each prize winner will receive the right to enter the Cadbury Fair Trade Promotion as a Vibe Village Participant (“the Prize”). For terms and conditions relating to that Cadbury Fair Trade Promotion including any further prizes that may be available to Vibe Village Participants, please click
here 9. Terms of use of the Prize:
a. Use of the Prize and thereby entry into the Cadbury Fair Trade Promotion is not compulsory and is subject to the prize winner accepting and complying with any terms and conditions that apply to the Cadbury Fair Trade Promotion.
b. T Garage shall not be held liable for any claim loss or damage associated with the prize winners entry into the Cadbury Fair Trade Promotion.
10. The number of prize winners is unlimited but subject always to the discretion of T Garage.
11. The total prize pool value is $0.00 AUD.
12. Winners will be notified by email within 21 days of completing the survey in accordance with clause 6.e.
General Conditions for Promotion
13. These General Conditions from Clause 13 through to Clause 32 inclusively apply to the entire Promotion. Headings are for reference purposes only.
Entries and entrants
14. Employees (and their immediate families) of T Garage and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
15. T Garage reserves 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 terms and conditions or who tampers with the entry process. Errors and omissions may be accepted at T Garage’s discretion. Failure by T Garage to enforce any of their rights at any stage does not constitute a waiver of those rights.
16. Incomplete, indecipherable or illegible entries will be deemed invalid.
17. There is a limit of one entry per participant. Subsequent entries by the same entrant will be disqualified and removed prior to the draw.
18. 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.
Products and Prizes
19. T Garage’s decision in relation to any aspect of this Promotion and the criteria applied by T Garage in determining prize winners is final and binding on every person who enters or participates and no correspondence will be entered into.
20. The Products and Prizes are not transferable or exchangeable and cannot be taken as cash.
21. If any Prizes are unavailable, T Garage, in its absolute discretion, reserves the right to substitute the Prize (or that part of the Prize) with something to the equal value and/or specification.
22. T Garage accepts no responsibility for loss or damage to the Prizes in transit and they make no representations or warranties as to the quality or suitability of any of the goods or services offered as part of the Prizes.
23. As a condition of accepting any Prize, a winner may be required to sign legal documentation as and in the form required by T Garage, prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Submission of Content or material
24. 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 T Garage advises otherwise, licenses and grants 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.
25. Entrants agree that they are fully responsible for the Content they submit, produce and/or distribute. T Garage shall not be liable in any way for such Content to the full extent permitted by law.
26. T Garage may remove 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 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. T Garage reserves the right to disqualify any entrant who submits or uploads any material that does not comply with these terms and conditions.
27. Without limiting any other terms herein, the entrant agrees to indemnify T Garage for any breach of the above terms.
Variations to the Promotion
28. 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 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 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.
Limitation of Liability
29. Any cost associated with accessing the Vibe Village Website or the Prize 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.
30. Except for any liability that cannot be excluded by law, 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 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 T Garage) due to any reason beyond the reasonable control of T Garage;
d. any variation in prize value to that stated in these terms and conditions;
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.
This clause 30 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.
Use of personal information
31. Entrants and participants consent to 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 T Garage.
32. T Garage collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to T Garage, agents, contractors, service providers and prize suppliers. Entry is conditional upon this information being provided. T Garage may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to T Garage. All entries become the property of T Garage. T Garage’s privacy policy can be viewed at www.vibevillage.com.au