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Wendy
Cranbourne East

It's great to be part of Vibe Village, I find it an easy to use site, with cute little characters and fabulous ops to trial.
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Nintendo 'Legend of Zelda: Skyward Sword' Campaign

Terms and Conditions

  1. Information on how to apply for the two parts of the Nintendo Legend of Zelda: Skyward Sword Campaign (together, the "Campaign") forms part of these Terms and Conditions. Applications not completed in accordance with these Terms and Conditions will be rejected.  Participation in this Campaign is also subject to the Terms and Conditions of the Vibe Village Website.
  2. Participation in this Campaign is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions.
  3. The promoter is Nintendo Australia Pty Limited (ABN 43 060 566 083) of 804 Stud Rd, Scoresby Vic 3179 ("Promoter"). The Campaign is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) of Unit 1, 214 Mair Street, Ballarat, Victoria, 3350 ("Vibe Village").

  4. Definitions

  5. In these Terms and Conditions and the Campaign:
    1. 'Dashboard' means the program dashboard on the Vibe Village Website where Comments are posted and samples or demonstrations of the Game are available; and
    2. 'Facebook Application' means the Campaign application available on Vibe Village;
    3. 'Facebook Member' means a person who has registered, been accepted as and continues to be a member of Facebook ( www.facebook.com) and has agreed to the terms and conditions of that membership;
    4. 'Game' means the Legend of Zelda: Skyward Sword game;
    5. 'Influencer' means a person who has been selected as an Influencer in accordance with the terms and conditions of Clause 10 of Campaign Part One;
    6. 'Vibe Village Member' means a person that has:
      1. agreed to the Vibe Village Terms and Conditions relating to membership of;
      2. registered their details on the Vibe Village Website to become; and
      3. has been accepted by Vibe Village as;
      a Vibe Village member;
    7. '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
    8. 'Vibe Village Website' means the Vibe Village website:www.vibevillage.com.au.

    Campaign Part One - Influencers

    Dates

  6. Campaign Part One commences at 6:00pm (AEST) on  8th November 2011 and closes at 4:00pm (AEST) on 17 November 2011 ("Campaign Period One").

  7. Applications


  8. Subject to clause 31, participation in this Campaign Part One is only open to those persons who:
    1. are Australian residents;
    2. are aged 18 years of age or over;
    3. are a Facebook member;
    4. have registered online to be a Vibe Village Member;
    5. have accepted the Facebook Application; and
    6. otherwise fulfil the application requirements set out in these terms and conditions,
    ("Eligible Applicants").

  9. To apply , Eligible Applicants must:
    1. login as a Vibe Village Member on the Vibe Village Website;
    2. follow the prompts to the Campaign survey; and
    3. read and agree to these Terms and Conditions;
    4. complete and submit the Campaign survey,

    during Campaign Period One.

  10. There is a limit of one application per Eligible Applicant during the entire Campaign Period One.
  11. Vibe Village will judge all valid applications received during Campaign Period One taking into account:
    1. their compliance with application and entry requirements;
    2. completion and content of responses to survey questions; and
    3. any other matter which Vibe Village or the Promoter considers relevant to be deemed winners and become an Influencer.


    Influencers

  12. Once judged, Vibe Village will at the end of Campaign Period One A, select at its absolute discretion three hundred and twenty two (322) Influencers.
  13. This is a game of skill and chance plays no part in the selection of Influencers.
  14. Eligible Applicants who are selected as an Influencer will be notified by email no later than seven (7) days after Campaign Period One ends.

  15. Dashboard


  16. Each Influencer will receive access to a Dashboard.
  17. The Dashboard features:
    1. A trailer detailing the Game; and
    2. Wallpapers and images from the Game.

    Please note that further terms and conditions (clauses 26 to 59 inclusively) apply to this Campaign Part One and must be read and understood prior to entering Campaign Part One.

    Campaign Part Two - Comments

    Dates

  18. This Campaign Part Two commences at 10:00am (AEST) on 21November 2011 and closes at 9:59am (AEDT) on 19 December 2011 ("Campaign Period Two").
  19.  

    Definitions

  20. In this Campaign Part Two:
    1. 'Prize' means the prize of one (1) Legend of Zelda: Skyward Sword game;
    2. 'Comment' means a written review, testimonial or comment relating to the Game. For this Campaign Part Two applicants will be asked to choose their favourite feature of the Game and explain why it is their favourite feature in 25 words or less.

     

    Entry

  21. Subject to clause 31, participation in this Campaign Part Two is open to:
    1. those persons who were selected as an Influencer under Campaign Part One; and
    2. those persons who:
    3. are Australian residents;
    4. are aged 18 years of age or over;
    5. are a Facebook member;
    6. have followed a link to a Dashboard;
    7. have accepted the Facebook Application; and
    8. otherwise fulfil the application requirements set out in these terms and conditions,

    ("Eligible Applicants").

    Game of skill

  22. This Campaign Part Two is a game of skill with Eligible Applicants being required to:
    1. access the Dashboard;
    2.     register their name and email address when prompted if they are not an Influencer;
    3.     accept these Terms and Conditions; and
    4.     post a Comment on the Dashboard,

    during Campaign Period Two.

     

  23. Multiple Comments are permitted per Eligible Applicant, subject to the following conditions:
    1. each Comment must be substantially unique; and
    2. each Comment must be submitted separately and in accordance with the requirements of clause 18 and this Campaign Part Two.
  24. All Comments or material posted on the Dashboard must be relevant to the Game, 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 Comments and material and remove any Comments or material that is not relevant or is otherwise in breach of these Terms and Conditions.
  25. An Eligible Applicant may be asked to share their Comment or this Campaign with friends, family or colleagues, but each Eligible Applicant must have the express consent of anyone that it elects to share material with.
  26.  

    Judging

  27. At the end of Campaign Period Two, Vibe Village will judge all entries into this Campaign Part Two and will make a determination (using their absolute discretion) as to the Prize winner taking into account the following:
    1. the quality of the Comment;
    2. the originality and creativity of the Review;
    3. the relevance of the Comment to the Game; and
    4. any other factors that the Promoter or Vibe Village may consider relevant in determining the winners of this Campaign Part Two.

     

    Prize Winners

  28. Ten (10) Prize winners will be selected from all valid entries pursuant to clause 22 and the Prize winners will be notified by email within 14 days of Campaign Period Two ending.
  29. Each Prize winner will receive one (1) Prize each valued at $99.95AUD
  30. The total prize pool value for this Campaign Part Two is up to $999.50 AUD.
  31. Please note that further terms and conditions (clauses 26 to 59 inclusively) apply to this Campaign Part Two and must be read and understood prior to entering Campaign Part Two.

     

    General Conditions

  32. These General Conditions apply to the entire Campaign.  Headings are for reference purposes only.
  33. Interpretation:
    1. Any reference to an entrant includes a reference to an applicant, Eligible Applicant or participant and any reference to an entry includes an application (and vice versa).
    2. Any reference to a winner includes a Prize winner and an Influencer (as appropriate).

     

    Facebook acknowledgements

  34. Participation in this Campaign is considered acceptance of the following:
    1. a complete release of Facebook by any entrant;
    2. an acknowledgement that this Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook; and
    3. that the information provided by each entrant is provided to Vibe Village and the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
  35. Participation and entry in this Campaign is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
  36.  

    Applications and entries

  37. Employees (and their immediate families) of the Promoter, Vibe Village and agencies associated with this Campaign 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.
  38. Vibe Village and the Promoter reserve the right, at any time, to verify the validity of all entries and the eligibility of all entrants, including their 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 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.
  39. Incomplete, indecipherable or illegible entries will be deemed invalid.
  40. 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.
  41. 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.
  42. Any costs associated with becoming eligible to apply, applying or participating in this Campaign such as internet access, download costs, will be at the cost of the entrant.
  43.  

    Products

  44. The Promoter's and Vibe Village's decision in relation to any aspect of this Campaign, including the selection of any winner and the criteria applied by the Promoter and/or Vibe Village in determining Influencers and/or the winners, is final and binding on every person who enters. No correspondence will be entered into.
  45. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
  46. If any Product, 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.
  47. Delivery details of all prizes will be specified by email.
  48. Should an entrant's contact details change during the relevant Campaign Period, it is the entrant's responsibility to notify Vibe Village and the Promoter. A request to access or modify any information provided in an entry should be directed to Vibe Village or the Promoter.
  49. The Promoter accepts no responsibility for loss or damage to 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.
  50. 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.
  51. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
  52. Submission of Content or Material

     

  53. When any entrant submits, produces or distributes any material for this Campaign including, but not limited to Comments, 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.
  54. 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.
  55. The entrant warrants that the Content they submit is:
    1. the original, independent creation of the entrant that has not previously been published in any form in any country in the world; and
    2. free from any claims, including copyright or trademark claims by other parties.
    3. The Promoter and Vibe Village shall not be liable in any way for such Content to the full extent permitted by law.
  56. 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 warrant and agree that:
    1. 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;
    2. they will obtain prior consent from any person in respect of that person or their property that appears in their Content;
    3. 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;
    4. their Content shall not contain viruses or cause injury or harm to any person or entity;
    5. 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
    6. 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.
  57. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.
  58. Entrants acknowledge that entries, including Comments will be posted on to the Vibe Village Website and be available for public viewing.
  59.  

    Variations to the Campaign

  60. The Promoter and Vibe Village may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Campaign, as appropriate, if:
    1. for any reason, this Campaign is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical or software 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 Campaign; or
    2. 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.
  61. Where the Promoter or Vibe Village does modify, suspend, cancel or in any way amend the Campaign, the Promoter and/or Vibe Village will provide notice of this on the Vibe Village Website and the relevant promotion Facebook page (if any).
  62. Any cost associated with accessing the Vibe Village Website is the entrant's responsibility and is dependent on the Internet service provider used.
  63.  

    Limitation of Liability

  64.         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 Campaign, including, but not limited to, where arising out of the following:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter's or Vibe Village's control);
    2. any theft, unauthorised access or third party interference;
    3.   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;
    4. any variation in prize value to that stated in these Terms and Conditions;
    5. any tax liability incurred by a winner or entrant; or
    6. participation in the Campaign or use or misuse of a Prize.
    7. 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

  65. 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 Campaign (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  66. Vibe Village collects personal information in order to conduct this Campaign 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.
  67. All entries into this Campaign will become the property of Vibe Village.
  68. The Promoter's privacy policy can be viewed athttp://www.nintendo.com.au/index.php?pageID=29 and Vibe Village's privacy policy can be viewed athttp://www.vibevillage.com.au/other/Privacypolicy.aspx

    General

  69. 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.
  70. This Agreement is to be interpreted in accordance with the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.