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CADBURY MOUSSE “Made For Me-Time”

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 will be rejected. Participation in this Promotion is also subject to the terms and conditions of the Vibe Village website (“Vibe Village Terms and Conditions”), available from www.vibevillage.com.au.

2.            Participation in this Promotion is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions. Where there is any inconsistency between these Terms and Conditions and the Vibe Village Terms and Conditions, these Terms and Conditions will prevail to the extent of the inconsistency.

3.            The Promoter is Kraft Foods Australia Pty Ltd (ABN 78 004 551 473) of Level 6, South Wharf Tower, 30 Convention Centre Place, South Wharf, Victoria 3006. The Promotion is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) of Unit 1, 214 Mair Street, Ballarat, Victoria, 3350 (Vibe Village”).

Definitions

4.            In these Terms and Conditions:

a.    Promotion Website’ means the website at:    www.cadbury.com.au/moussereview

b.    Vibe Village Member’ means a person that has:

(i)        agreed to the Vibe Village Terms and Conditions relating to membership of;

(ii)       registered their details on the Vibe Village Website to become; and

(iii)      has been accepted by Vibe Village as;

a Vibe Village member;

c.    Vibe Village Terms and Conditions’ means the terms and conditions which relate to the use of any website or participation in any promotion owned, operated or co-ordinated by Vibe Village; and

d.    ‘Vibe Village Website’ means the Vibe Village website:  www.vibevillage.com.au.

 

Promotion Part One - Vibe Party Hosts

Dates

5.            This Promotion Part One commences at 00:01am (AEST) on 22 April 2011 and closes at 11:59pm (AEST) on 6 May 2011 (“Promotion Period One”).

Definitions

6.            In this Promotion Part One, the following expressions have the meaning set out opposite them:

a.    Eligible Entrant’ means a person that is eligible to enter this Promotion Part One;

b.    Party’ means a party or social gathering with family, friends or colleagues which is to be organised by the entrant in accordance with these Terms and Conditions;

c.    Party Date’ is the date that the Eligible Entrant proposes to hold the Party which must be no later than 19 June 2011;

d.    Party Host’ means a person that was eligible to enter, applied to enter, did enter and was determined a winner of this Promotion Part One;

e.    Party Pack’ means the prize awarded to each Party Host; and

f.     Pre-Approved Host’ means a person that was eligible and whose application to enter this Promotion Part One has been accepted.

Entry

7.            Participation in this Promotion Part One is only open to those persons who:

a.    are Australian residents;

b.    are aged 18 years of age or over;

c.    have registered online to be a Vibe Village Member; and

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

(“Eligible Entrant”).

Game of skill

8.            This Promotion Part One is a game of skill with Eligible Entrants required to:

a.    visit the Vibe Village Website and follow the prompts to complete the promotional Cadbury Mousse “Made For Me-Time” survey questions; and

b.    submit the fully completed survey during Promotion Period One (please note that there is a limit of one (1) promotional survey per Eligible Entrant);

c.    be selected by Vibe Village (who will use its absolute discretion based on the quality and originality of the survey responses) to become a potential party host (“Pre-Approved Host”);

d.    organise a Party on the Party Date; and

e.    confirm via the use of their designated party dashboard which will be made available for use by the Pre-Approved Host on the Vibe Village Website:

(i)        details for the Party which will include details such as the time, Party Date and location of the Party which they will host; and 

(ii)       the attendance of at least two (2) guests (that do not reside at the same address as the Pre-Approved Host) at the Party who must each be aged over 18 years of age.

Judging

9.            Vibe Village will throughout Promotion Period One select at its absolute discretion 1,200 Pre-Approved Hosts taking into account:

a.    their compliance with entry requirements;

b.    completion and responses to survey responses;

c.    creativity and originality of entries; and

d.    any other matter which Vibe Village or the Promoter considers relevant

to be deemed winners and become a Party Host.

10.         Entrants that are selected as Party Hosts will be notified by email no later than 14 days after Promotion Period One ending.

Prizes – party packs

11.         As their prize, each Party Host will receive prior to their Party Date, by ordinary mail at their nominated address, one (1) Party Pack which will include:

a.    six (6) bars of Cadbury Dairy Milk Mousse to be used at their Party;

b.    30 x pass on cards containing information on how to enter Promotion Part Two for the chance to win 1 of 20 pamper gift vouchers; and

c.    one (1) Vibe Village instructional letter addressed to the Party Host.

12.         Please note there is a limit of one Party Pack per household and any multiple Winners from the same address will share one Party Pack.

13.         The total value of each Party Pack is up to $25.14 AUD. The total prize pool for this Promotion Part One is $30,168.00 AUD.

14.         Any costs associated with holding a Party, including but not limited to any costs associated with entertainment, venue hire, food and/or drinks, will be the responsibility of the Party Host and will not be paid for, contributed to or reimbursed by the Promoter or Vibe Village.

15.         Notwithstanding any other condition of this Promotion, the Party Host agrees and acknowledges that neither Vibe Village or the Promoter will be held liable for any costs, damages or claims made or caused either directly or indirectly by any delay in receiving the Party Pack which may result in the Party being postponed, cancelled or varied.

16.         The Party Host further acknowledges that the Party Pack (or part thereof) may contain traces of nuts or other products or ingredients which may cause allergic reactions and the Party Host will be responsible for making the consumers of the Party Pack (or part thereof) aware of this warning.

Please note that further terms and conditions (clauses 28 to 57 inclusively) apply to this Promotion Part One and must be read and understood prior to entering Promotion Part One.

 

Promotion Part Two – Review Wall

Dates

17.         This Promotion Part Two commences at 00:01am (AEST) on 17 May 2011 and closes at 11:59pm (AEST) on 17 July 2011 (“Promotion Period Two”).

Definitions

18.         In this Promotion Part Two, the following expressions have the meaning set out opposite them:

a.    Eligible Entrant’ means a person that is eligible to enter this Promotion Part Two;

b.    Entrant’ means a person that was eligible to enter and did enter this Promotion Part Two;

c.    Product’ means any one or more of the Cadbury Dairy Milk Mousse products;

d.    Prize’ means the prize awarded to each Winner;

e.    Review’ means a written review, testimonial or comment relating to a Product or the Entrant’s personal experience relating to the Product and may include an image (provided that if another person appears in the image, that the Entrant has the subject’s written authorisation to use and upload the image); and

f.     Winner’ means a person that was eligible to enter, did enter and was determined a winner of this Promotion Part Two.

Entry

19.         Participation in this Promotion Part Two is only open to those persons who:

a.    are Australian residents;

b.    are aged 18 years of age or over;

c.    have sampled the Product; and

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

(“Eligible Entrant”).

Game of skill

20.         This Promotion Part Two is a game of skill with Eligible Entrants required to:

a.    follow the prompts to the competition entry page on the Promotion Website;

b.    either:

(i)           log in using existing Vibe Village Membership details; or

(ii)          submit all requested details (including name, phone and email) when prompted;

c.    accept the terms and conditions for this Promotion Part Two;

d.    post one (1) Review,

during the Promotion Period Two.

21.         Multiple Reviews are permitted per Entrant, subject to the following conditions:

a.    each Review must be substantially unique; and

b.    each Review must be submitted separately and in accordance with the requirements of this Promotion Part Two.

22.         All Reviews or material posted on the Vibe Village Website and the Promotion Website must be relevant to the Product, as determined by the Promoter and Vibe Village in their absolute discretion.  The Promoter and/or Vibe Village reserve the right to review the uploaded Reviews and material and remove any Reviews or material that is not relevant to the Product or is otherwise in breach of these Terms and Conditions.

Judging

23.         The Promoter and Vibe Village 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 quality of the Review;

b.    the originality and creativity of the Review;

c.    the relevance of the Review to the Product; and

d.    any other factors that the Promoter or Vibe Village may consider relevant in determining the Winners of this Promotion Party Two.

Prize Winners

24.         Twenty (20) Winners will be selected from all valid entries and the Winners will be notified by email within 14 days of Promotion Period Two ending.

25.         Each Winner will receive one (1) voucher entitling the Winner to a pamper session at a beauty or spa venue valued at $100.00 AUD each (“Prize”).

26.         Conditions of use of the Prize:

a.    The Prize will only be redeemable at a venue nominated by Vibe Village (at its absolute discretion) taking into account the State or Territory of the Winner’s address.

b.    Vibe Village will not consult the Winner nor will it accept any requests, recommendations or preferences in relation to the venue from which the voucher may be redeemed unless such correspondence is initiated by Vibe Village.

c.    The Prize must be redeemed in accordance with any terms and conditions stated on the voucher and within the time stated on the voucher.

27.         The total prize pool value for this Promotion Part Two is $2,000.00 AUD.

Please note that further terms and conditions (clauses 28 to 57 inclusively) apply to this Promotion Part Two and must be read and understood prior to entering Promotion Part Two.

 

General Conditions

28.         These General Conditions apply to the entire Promotion.  Headings are for reference purposes only.

Entries and entrants

29.         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.

30.         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.

31.         Incomplete, indecipherable or illegible entries will be deemed invalid.

32.         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.

33.         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.

34.         Any costs associated with becoming eligible to enter, entering or participating in this Promotion will be at the cost of the entrant or participant.

Products and prizes

35.         The Promoter’s and Vibe Village’s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria applied by the Promoter and/or Vibe Village in determining Party Hosts and/or the Winners, is final and binding on every person who enters. No correspondence will be entered into.

36.         Prizes are not transferable or exchangeable and cannot be taken as cash.

37.         If any product, Party Pack or Prize (or part thereof) is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a product or prize to the equal value and/or specification.

38.         Delivery details of all prizes will be specified by email.

39.         Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

40.         The Promoter accepts no responsibility for loss or damage to products, packs or prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.

41.         As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter, Vibe Village and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

42.         All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.

Submission of Content or Material

43.         When any entrant submits, produces or distributes any material for this Promotion including, but not limited to Reviews, material, testimonials, comments, recordings, videos, images and/or survey responses or sharing of links (“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.

44.         Entrants agree that they are fully responsible for the Content they submit, produce, share 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.

45.         The Promoter and/or Vibe Village may remove any Content that does not comply with these Terms and Conditions or the Vibe Village Terms and Conditions.  Entrants and participants warrant and agree that:

a.    they will not submit, produce, share 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 18 or otherwise unsuitable for publication;

b.    they will obtain prior consent from any person in respect of that person or their 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/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.

46.         Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.

47.         Entrants acknowledge that entries, including Reviews will be posted on to the Promotion Website and if the entrant has ticked the option, posted on their Facebook profile via the relevant application (if any).

Variations to the Promotion

48.         The Promoter and Vibe Village may, in their absolute discretion, modify, suspend, cancel or recommence this Promotion, as appropriate, if:

a.    for any reason, this 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 this Promotion; or

b.    the entry process, the determination of the prize winners and/or the delivery of the prizes 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.

49.         Where the Promoter or Vibe Village does modify, suspend, cancel or in any way amend the Promotion, the Promoter and/or Vibe Village will provide reasonable and sufficient notice to all entrants and participants on the Vibe Village Website and/or any promotional website.

50.         Any cost associated with accessing the Vibe Village Website or other promotional website(s) is the entrant’s responsibility and is dependent on the Internet service provider used.

Limitation of Liability

51.         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 this 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 or prize claim 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;

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 in this Promotion;

f.     any breach by the entrant of the terms and conditions relating to the use of Facebook; or

g.    participation in a Party and/or use of a prize.

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.

Use of personal information

52.         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 Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

53.         Vibe Village collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, agents, contractors, service providers and prize suppliers. 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.

54.         All entries into Promotion Part One and Promotion Part Two become the property of Vibe Village.

55.         The Promoter’s privacy policy can be viewed at www.cadbury.com.au/Privacy.aspx and Vibe Village’s privacy policy can be viewed at www.vibevillage.com.au.

General

56.         If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.

57.         This Agreement is to be interpreted in accordance with the Acts of the State of Victoria and all parties submit to the jurisdiction of the Courts of that State.