“Dr. LeWinn’s Medic Soothing Beauty Clinic” PROMOTION
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 and the Vibe Village Terms and Conditions.
2. The Promoter is Private Formula International Pty Limited (ABN 16 095 451 442) 460 Bay Street, Port Melbourne, Vic 3207, Australia. Telephone 03 9676 1800. The Promotion 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”).
Party Hosts
3. The promotion commences on 12th March 2010, however responses for the survey submitted from 18th January 2010 will be accepted for consideration. Responses for the promotional survey close at 11:59pm AEDST on 7th April 2010.
4. Participation in the Party Host element of this promotion is only open to Australian residents:
a. aged 18 years of age or over; and
b. who are new or existing registered members of the Vibe Village website at www.vibevillage.com.au (“Eligible Entrant”).
Individuals who have 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 promotion.
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 promotional “Dr. LeWinn’s Medic Soothing Beauty Clinic” survey questions, and submit the fully completed survey by 11:59pm AEST on 7th April 2010.6. Limit one (1) promotional survey per Eligible Entrant.
7. Vibe Village will review each completed promotional survey to determine, in its absolute discretion, the suitability of Eligible Entrants to become a Dr. LeWinn’s Medic Soothing Beauty Clinic Host (“Party Host”).
8. The best 400 Eligible Entrants, as determined by the judges, will qualify as a Party Host and will receive one (1) party pack which includes:
a. One (1) Bio-Care Oil 120mL, one (1) Protective Bath Oil 200mL, one (1) box of Madame Flavour Tea 20g, one (1) Feet Treat product and one (1) additional Pumice Stone.
b. Twenty (20) pass-on cards to include one (1) Moisture Restoring Cream 3g, and one (1) Soothing Body Lotion 10g or one (1) Relief Cream 3mL.These are to be provided to friends and/or family members containing details on how to enter the ‘Win a Dr. LeWinn’s Medic Very Dry/Sensitive Skin Prize Pack’ element of this promotion; and
c. one (1) Party Host instruction letter from Vibe Village inviting them to host a Dr. LeWinn’s Medic Soothing Beauty Clinic (“Party”) to trial the Dr. LeWinn’s Medic Very Dry/Sensitive Skin products.
9. Party Hosts will be required to:
a. follow the Party Host instruction letter provided, to invite and confirm at least two (2) guests to attend the Party; and
b. hold their Party (with at least two (2) guests) by no later than 11:59pm AEST on 16th May 2010.
10. Any costs associated with holding a Party, 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 the Promoter.
Win a Dr. LeWinn’s Medic Very Dry/Sensitive Skin Prize Pack – Game of Skill
11.
Any individual who is an Australian resident aged 18 or over and who posts a Dr. LeWinn’s Medic review (including Party Hosts, group guests, friends of hosts or guests, and anyone else who visits www.drlewinnsmedicreview.com and posts a review), will be eligible to win the ‘Dr. LeWinn’s Medic Very Dry/Sensitive Skin Prize Pack’.12.
To enter, individuals must visit www.drlewinnsmedicreview.com, follow the prompts to the competition entry page, register their details with Vibe Village, post one (1) review relating to their trial of the Dr. LeWinn’s Medic Very Dry/Sensitive Skin range along with their comments on their personal experience of the products, by 11.59pm AEST on 6th June 2010.13. Multiple reviews are permitted per person, subject to the following conditions: (a) each review must be substantially unique; and (b) each review must be submitted separately and in accordance with entry requirements in clause 12.
14. Valid review and images relating to experiences with Dr LeWinn’s Medic Very Dry/Sensitive Skin will be judged based on originality and creativity as determined by the Promoter and Vibe Village, in their absolute discretion.
15. All photos, emoticons, posts and/or any other materials posted on the promotional websites must be relevant to the Dr. LeWinn’s Medic brand, as determined by the Promoter and Vibe Village in their absolute discretion. The Promoter and/or Vibe Village reserve the right to review uploaded Content (as defined in clause 27) and remove any Content that is not relevant to the Dr. LeWinn’s Medic brand and/or any Content that is in breach of clause 27 of these Terms and Conditions.
16. The best ten (10) reviews (and accompanying images), as determined by the Promoter and/or Vibe Village, in their absolute discretion, will win the Dr. LeWinn’s Medic Very Dry/Sensitive Skin Prize Pack, which consists of 1 x Soothing Face & Body Wash 200mL, 1 x Soothing Body Lotion 200mL, 1 x Moisture Restoring Cream 50mL, 1 x Protective Bath Oil 200mL, 1 x Relief Cream 50mL and 1 x Bio-Care Oil 120mL valued at $159.70 each, to a total prize pool value of $1,597.
17. Limit of one (1) Dr LeWinn’s Medic Very Dry/Sensitive Skin prize pack per person.
18. This is a game of skill. Chance plays no part in the determination of winners.
19. 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.
20. Vibe Village and the Promoter reserve the right, at any time, to verify the validity of entries and Content (as defined below in clause 27) and the eligibility of all entrants (including Eligible Entrants and Party Hosts), 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.
21. Incomplete, indecipherable or illegible entries will be deemed invalid.
22. If there is a dispute as to the identity of an entrant (including an Eligible Entrant or a Party Host), the Promoter and/or Vibe Village reserve the right, in their sole discretion, to determine the identity of the entrant.
23. 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 winner, is final and binding on every person who enters. No correspondence will be entered into.
24. Winners will be notified by email within seven (7) days of determination.
25. Prizes are not transferable or exchangeable and cannot be taken as cash.
26. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
27. When any entrant (including an Eligible Entrant or Party Host) submits, produces or distributes any material for this Promotion including, but not limited to, comments, reviews, 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.
28. 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, 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.
29. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
30. 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.
31. 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 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, Eligible Entrant or Party Host; or (f) 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.
32. 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.
33. 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, 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. All entries become the property of Vibe Village. The Vibe Village privacy policy can be viewed at www.vibevillage.com.au.
34. As a condition of accepting any prize, a winner may be required 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.