CADBURY AND NETWORK TEN PROMOTION – ‘Be the first’ Party
TERMS AND CONDITIONS
1. Information on ‘how to enter’ 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 and the Vibe Village Terms and Conditions.
2. The Promoters are Cadbury Pty Ltd (ABN 86 004 880 817) of 636 St Kilda Road, Melbourne, Victoria 3004 and Network Ten Pty Ltd (ABN 91 052 515 250) Level 4, Como Centre, 620 Chapel Street, South Yarra, Victoria 3141. The Promotion is co-ordinated by T garage Pty Ltd (ABN 99 118 105 025), Suite 7, Greenhill Enterprise Centre, 3 University Drive, Mount Helen, VIC, 3350 (“Vibe Village”).
Party Hosts
3. The promotion commences on 18th December 2009 at 00:01am and final entries close at 11:59pm on 17th March 2010 (“Promotion Period”).
4. Participation in this promotion is only open to those persons who:
a. are Australian residents;
b. are aged 18 years of age or over;
c. live in the specified post codes in Australia - click
here to view the eligible post codes;
e. have followed the prompts on the Vibe Village Website and completed the promotional ‘Be the first’ Party survey questions;
f. have submitted the completed survey on or before 11:59pm AEST on 27th January 2010 (please note that there is a limit of one (1) promotional survey that may be completed per each Eligible Entrant);
g. have been selected by Vibe Village to act as one (1) of 1000 ‘Be the first’ Party Hosts (“Party Host”) (in accordance with the terms and conditions relating that are available on the Village Vibe Website);
h. have received one (1) party pack which includes:
(i) two (2) 175g blocks of Cadbury® chocolate
(i) the last episode of House Season five (5), first episode of House Season six (6) and episode one (1) of the new series ‘The Good Wife’
(“the Products”) and
(iii) one (1) Party Host instructional letter from Vibe Village inviting them to host a ‘Be the first’ Party (“Party”);
i. have hosted a Party between 1st February 2010 and 14th February 2010 in accordance with the instructional letter received from Vibe Village,
(“Eligible Entrants”)
5. Any costs associated with holding, hosting or attending a Party, including but not limited to the costs in connection with food and/or drinks, will be the responsibility of the Party Host and no contribution or reimbursement will be made by either the Promoter or Vibe Village.
6. This is a game of skill with Eligible Entrants required to:
a. submit or upload to their Party Dashboard during the Promotion Period, information, content and material relating to the Party and the Products, including without limitation any photos, videos, testimonials, product reviews, comments or information (collectively, “Content”); and
7. Vibe Village reserves the right to review uploaded Content and remove any Content which, in Vibe Village’s absolute discretion, is deemed irrelevant or which in the opinion of Vibe Village is in breach of the Vibe Village terms and conditions or code of conduct which can be viewed at the Vibe Village Website.
8. Employees (and their immediate families) of the Promoter, Vibe Village 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.
9. Vibe Village and the Promoter reserve the right, at any time, to verify the validity of entries and Content (as defined below) 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 or any Content that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s and/or Vibe Village’s discretion. Failure by the Promoter and/or Vibe Village to enforce any of their rights at any stage does not constitute a waiver of those rights.
10. Incomplete, indecipherable or illegible entries will be deemed invalid.
11. If there is a dispute as to the identity of an entrant, the Promoter and/or Vibe Village reserve the right, in their sole discretion, to determine the identity of the entrant.
12. The Promoter’s and Vibe Village’s decision in relation to any aspect of this promotion and the criteria applied by the Promoter and/or Vibe Village in determining Party Hosts and/or the winner, is final and binding on every person who enters. No correspondence will be entered into.
13. When any entrant submits, produces or distributes any material for this Promotion including, but not limited to, comments, recordings, videos, images and/or survey responses (“Content”), the entrant, unless the Promoter or Vibe Village advises otherwise, licenses and grants the Promoter and Vibe Village, 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.
Entrants agree that they are fully responsible for the Content they submit, produce and/or distribute. The Promoter and Vibe Village shall not be liable in any way for such Content to the full extent permitted by law. The Promoter and/or Vibe Village may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit, produce or distribute any Content that is unlawful or fraudulent, or that the Promoter and/or Vibe Village 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; and (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. The Promoter and/or Vibe Village reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.
14. The Promoter and Vibe Village may, in their absolute discretion, modify, suspend, cancel or recommence the promotion, as appropriate, if:
a. for any reason, the promotion 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 Vibe Village which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion; or
b. the entry process and/or the delivery of the product is 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.
15. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
16. 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.
17. Except for any liability that cannot be excluded by law, the Promoter and Vibe Village (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’s or Vibe Village’s control); (b) any theft, unauthorised access or third party interference; (c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or Vibe Village) due to any reason beyond the reasonable control of the Promoter or Vibe Village; (e) any tax liability incurred by a winner, Eligible Entrant or Party Host; or (f) participation in a Party. This clause 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.
18. Entrants consent to the Promoter and Vibe Village 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 and/or Vibe Village.
19. Vibe Village 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 the Promoter, agents, contractors and service providers. Entry is conditional on providing this information. The Promoter and/or Vibe Village 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 Vibe Village. All entries become the property of Vibe Village. The Vibe Village privacy policy can be viewed at
www.vibevillage.com.au.