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KIMBERLY-CLARK “Huggies® Little Swimmers® Favourite Places” Terms and Conditions

TERMS AND CONDITIONS

There are 2 separate parts of the ‘Huggies Little Swimmers’ program:

A.     “Party Hosts” project (‘Party Project’); and

B.    Win a visit by Michael Klim and 3 months supply of Huggies Little Swimmers’ (‘Promotion’)

(collectively, as further detailed in these Terms and Conditions, the ‘Program’,)

1. Information on how to enter and apply and prize details form part of these Terms and Conditions. Applications or entries not completed in accordance with these Terms and Conditions or received after the closing date will not be considered. Participation in this Program is also subject to the Terms and Conditions of the Vibe Village website, available from www.vibevillage.com.au. Participation in this Program is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions.

2. The Program is co-ordinated by Tgarage Pty Ltd (ABN 99 118 105 025), Suite 7, Greenhill Enterprise Centre, 3 University Drive, Mount Helen, VIC, 3350 (“Vibe Village”).  Kimberly-Clark Australia Pty Limited (ABN 65 000 032 333 ), 52 Alfred Street Milsons Point NSW 2061 Telephone: 02 9963 8888 (‘Kimberly-Clark’) is also involved in the Program, and their products will also be used by the participants in the Party Project and awarded as prizes in the Promotion.

Party Hosts Project

3.    The Party Project commences at 0:01 am AEST on 153th October 2010. Responses for the project survey close the later of 11:59pm AEST on 29thOctober 2010 or the time by which Vibe Village and Kimberly-Clark have received 450 entries which meet all eligibility criteria for the Party Project (which will be notified on www.vibevillage.com.au).

4.    Participation in the Party Project is only open to Australian residents:

a.    aged 18 years of age or over;

b.    who are the primary carer of at least one (1) child in the household aged 6-36mths in age as at date of commencement of this Party Project; and

c.    who are new or existing registered members of the Vibe Village website at www.vibevillage.com.au (“Eligible Entrant”).

Individuals who are not already registered for the Vibe Village website must register by visiting the website and completing the registration process and fully completing the required surveys before they can participate in this Party Project.

5.    To be eligible to be a Party Host, Eligible Entrants must visit www.vibevillage.com.au, follow the prompts to fully complete the Vibe Village “Huggies Little Swimmers Favourite Places” survey questions, and submit the fully completed survey by 11:59pm AEST on 29th October 2010.

6.    Limit one (1) survey and entry per person.

7.    Vibe Village will review each completed survey to determine, in its absolute discretion, the suitability of Eligible Entrants to become a Huggies® Party Host (“Party Host”). This is a screening process for Vibe Village to determine the most suitable participants in the Party Project.

8.    Based upon the determinations made by Vibe Village in accordance with Clause 7, the best 450 Eligible Entrants will qualify as a Party Host and will receive one (1) party pack which includes:

a.    Two retail packs each containing eleven Huggies Little Swimmers Swimpants (twenty two  samples in total (size/s, design/s and/or specifications to be determined by Kimberly-Clark in its absolute discretion) to a total value of RRP $27.98 AUD. Party Hosts can keep five (5) SwimPants for themselves and must distribute the remaining sixteen (16) pants to their mothers’ group;

b.    Twenty (20) pass-on cards to provide to friends and/or family members containing details on how to enter the ‘Win a visit by Michael Klim and 3 months supply of Huggies Little Swimmers’ Promotion (‘Promotion’); and

c.    one (1) Party Host instruction letter from Vibe Village inviting them to host a Parent’s Get Together (“Party”) to trial the Huggies® Little Swimmers Swimpants.

9.    Party Hosts will be required to:

a.    follow the Party Host instruction letter provided, to invite and confirm at least three (3) guests to attend the Party; and

b.    hold their Party (with at least three (3) guests) by no later than 11:59pm AEST on 3rd December 2010.

10.    Any costs associated with holding a Party or participating in the Party Project, including but not limited to costs for food and/or drinks, will be the responsibility of the Party Host and will not be paid for by Vibe Village or Kimberly-Clark.

11.    Participants in the Party Project agree that the relationship between it, Vibe Village and Kimberly-Clark shall be that of independent contractors and that nothing in these terms constitutes any relationship of employer and employee, principal and agent or partnership between the parties, and neither party has any authority to represent the relationship as such. The participant acknowledges that it has sole responsibility for the payment of all employment related benefits (including salary, superannuation, workers' compensation insurance, taxes and any other liabilities whatever) arising out of or incidental to its participation in the Party Project, and indemnifies Vibe Village and Kimberly-Clark from and against any and all liability they may incur in relation to such benefits or employment related taxes.

Win a visit by Michael Klim and 3 months supply of Huggies Little Swimmers

12.    Any individual over the age of 18 who is an Australian resident and posts a Huggies® Little Swimmers testimonial about their experience with Huggies®  as set out below (including Party Hosts, parents group guests, friends of hosts or guests, and anyone else who visits www.littleswimmersplaces.com.au and posts a testimonial), will  be eligible to enter the ‘Win a visit by Michael Klim and 3 months supply of Huggies Little Swimmers’ promotion (3 prizes)

13.    To enter, individuals must visit www.littleswimmersplaces.com.au (which will be a restricted access site), follow the prompts to the competition entry page, register their details with Vibe Village, post one (1) testimonial (on your favourite place to use how Huggies Little Swimmers helped their child and/or their day) with at least one (1) image (from a selection of images and emoticons provided by Vibe Village or by loading a photo of the place where they would use the product or their mothers’ group meeting) relating to their trial of the Huggies Little Swimmers, and submit their entry between 0:01am AEST on 1st November 2010 and 11.59pm AEST on 31st December 2010.

14.    Multiple entries are permitted per person, subject to the following conditions: (a) each entry must be original and substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements in clause 13.

15.    Valid entries relating to experiences with Huggies Little Swimmers will be judged based on originality and creativity as determined by Kimberly-Clark and Vibe Village, in their absolute discretion.

16.    All photos, emoticons, posts and/or any other materials posted on the promotional websites must be relevant to the Huggies brand, as determined by Kimberly-Clark and Vibe Village in their absolute discretion. Kimberly-Clark and/or Vibe Village reserve the right to review uploaded Content and remove any Content that is not relevant to the Huggies brand and/or any Content that is in breach of clause 30 of these Terms and Conditions.

17.    The best entry as determined by Kimberly-Clark and/or Vibe Village, in their absolute discretion, will win a visit by Michael Klim to the winners favourite place for using Huggies Little Swimmers as described in their testimonial or another mutually agreed swimming location and 3 months supply of Huggies Little Swimmers (as outlined in clause 19).  Winners are encouraged to bring along their mother’s group for the day (in such numbers as approved by Kimberly-Clark).

18.    The visit which may include swimming tips will not exceed 4 hours. The prize must be taken during February 2011 and March 2011 at a date convenient to the winner and Michael Klim, and is subject to availability of Michael Klim.

19.    The best entry and the next best (3) entries, as determined by Kimberly-Clark and/or Vibe Village, in their absolute discretion, will each win 3x packs (eleven Swimmers per pack) of Huggies Little Swimmers with total value at RRP $41.97 AUD (for each winner), to a total prize pool value of RRP $167.88 AUD(in the size nominated by the winning consumers) .

20.    Limit of one (1) prize per person.

21.    This is a game of skill. Chance plays no part in the determination of winners.

22.    Winners will be notified by email within seven (7) days of determination.

General (‘Party Hosts’ & ‘Win a visit by Michael Klim and 3 months supply of Huggies Little Swimmers’)

23.    Employees (and their immediate families) of Kimberly-Clark, Vibe Village and agencies associated with this Program are ineligible to participate or enter this Program.  

24.    Vibe Village and Kimberly-Clark reserve the right, at any time, to verify the validity of entries and Content (as defined below) and the eligibility of all participants, including a participant’s identity, age and place of residence, and to disqualify any participant in the Program who submits an entry or any Content that is not in accordance with these Terms and Conditions or who tampers with the entry or participation process. Errors and omissions may be accepted at Kimberly-Clark’s and/or Vibe Village’s discretion. Failure by Kimberly-Clark and/or Vibe Village to enforce any of their rights at any stage does not constitute a waiver of those rights.

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

26.    If there is a dispute as to the identity of an entrant or participant, Kimberly-Clark and/or Vibe Village reserve the right, in their sole discretion, to determine the identity of the entrant or participant.

27.    Kimberly-Clark’s and Vibe Village’s decision in relation to any aspect of this Program, including the selection of any winner and the criteria applied by Kimberly-Clark 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.

28.    Prizes and products (including any unused portions) are not transferable or exchangeable and cannot be taken as cash. The value of the prize(s) and product(s) is accurate and based upon the recommended retail price(s) at the date of printing. Vibe Village and Kimberly-Clark accepts no responsibility for any variation in the value of the prize(s) after that date.

29.    If any prize or product (or part thereof) is unavailable, Kimberly-Clark, in its discretion, reserves the right to substitute the prize or product (or part thereof) with a prize or product to the equal value and/or specification.

30.    When any entrant or participant submits, produces or distributes any material for this Program including, but not limited to, comments, recordings, videos, images and/or survey responses (“Content”), he or she, unless Kimberly-Clark or Vibe Village advises otherwise, licenses and grants Kimberly-Clark 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 and participants 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 and participants agree that they are fully responsible for the Content they submit, produce and/or distribute. Kimberly-Clark and Vibe Village shall not be liable in any way for such Content to the full extent permitted by law. Kimberly-Clark and/or Vibe Village may remove any Content without notice for any reason whatsoever. Entrants and participants warrant and agree that: (a) they will not submit, produce or distribute any Content that is unlawful or fraudulent, or that Kimberly-Clark 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. Kimberly-Clark and/or Vibe Village reserve the right to disqualify any entrant or participant who submits or uploads any material that does not comply with these Terms and Conditions.

Without limiting any other terms herein, the entrant and participant agrees to indemnify Kimberly-Clark and/or Vibe Village for any breach of the above terms.

31.    Kimberly-Clark and Vibe Village may, in their absolute discretion, modify, suspend, cancel or recommence the Program, as appropriate, if:

a.    for any reason, the Program 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 Kimberly-Clark or Vibe Village which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Program; or

b.    the entry process, the determination of participants in the Party Project or the prize winners and/or the delivery of the prizes or products 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.

32.    Any cost associated with accessing the promotional website or other websites for the Program is the entrant’s/participant’s responsibility and is dependent on the Internet service provider used.

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.    Except for any liability that cannot be excluded by law, Kimberly-Clark 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 Program, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Kimberly-Clark’s or Vibe Village’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize or product claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Kimberly-Clark or Vibe Village) due to any reason beyond the reasonable control of Kimberly-Clark or Vibe Village; (d) any variation in prize or product value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner, Eligible Entrant, entrant, participant or Party Host; or (f) participation in a Party and/or use of a prize or product distributed under the Program. 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.

35.    Entrants and participants consent to Kimberly-Clark and Vibe Village using their name, likeness, image and/or voice and any photograph of them or submitted by them in connection with this Program, in the event they are a winner or participant in the Party Project (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Program (including any outcome), and promoting any products manufactured, distributed and/or supplied by Kimberly-Clark and/or Vibe Village.

36.    Vibe Village collects personal information in order to conduct the Program and may, for this purpose, disclose such information to third parties, including but not limited to Kimberly-Clark, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. Kimberly-Clark 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/participant. Entrants and participants 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. Kimberly-Clark’s privacy policy can be viewed at http://www.kca.com.au/privacy.htm.

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

Director Tgarage Pty Ltd