Oral-B “Raise a Smile” promotion
TERMS AND CONDITIONS
2. The Promoter is Procter & Gamble Australia Pty Limited (ABN : 91008396245) (“the Promoter”), of 1 Innovation Road Macquarie Park NSW 211352 Telephone: 02 8864 5000. 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”).
Entrants
3. The promotion commences on 3rd March 2010 at 00:01am and closes on 31st May 2010 at 11:59pm (“Promotion Period”). No responsibility is accepted for lost, late or misdirected entries.
4. Participation in this promotion is only open to Australian residents aged 18 years of age or over who have met the requirements of either clause 5, 6 or 7 below (“Eligible Entrants”).
5. Eligible Entrants include any person that has
b. followed the prompts on the Vibe Village Website and completed the promotional “Oral-B Raise a Smile” survey questions;
c. submitted the completed survey on or before 11:59pm AEST on 31st March 2010 (please note that there is a limit of one (1) promotional survey that may be completed per each entrant);
d. been selected by Vibe Village to act as one (1) of 500 Oral-B Party Hosts (“Party Host”) (in accordance with the terms and conditions relating to party hosts that are available on the Village Vibe Website);
e. received one (1) party pack which includes:
5.e.1. one (1) sample of Oral-B Professional Care 1000 Power Assisted toothbrush;
5.e.2. Power Assisted kits for pass-on to friends, each of which includes a two (2) brush head refill pack, cash back offers, (terms relating to the use of these cash back offers can be found below these terms and conditions), one (1) pack of plaque disclosing tablets and information to provide to friends and/or family members containing details on how to participate in this ‘Oral-B Raise a Smile’ promotion;
(“the Products”) and
5.e.3. one (1) Party Host instruction letter from Vibe Village inviting them to host a Parent’s Get Together (“Party”) to trial the Oral-B Professional 1000 power assisted toothbrush;
f. invited and confirmed (through the use of their Party Dashboard made available by Vibe Village for access by the Party Host on the Vibe Village Website) at least two (2) guests to attend the Party; and
g. hosted their Party (with at least two (2) guests) by no later than 11:59pm AEST on 9th April 2010
6. Eligible Entrants include any friend, family member or guest of a Party Host.
7. Eligible Entrants include any individual that visits the website: www.oralbsmile.com.au.
8. All Eligible Entrants acknowledge and agree that any costs associated with holding, hosting or attending a Party, including but not limited to 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.
Game of Skill
9. This is a game of skill with Eligible Entrants required to:
a. submit or upload a review or testimonial of the Products (or any one of them) on the allocated ‘testimonial wall’ on the Vibe Village Website or at www.oralbsmile.com.au;
b. share their reviews of the Products with friends, family and other persons, through social media and email using the sharing options available on the Vibe Village Website including without limitation, the use of Facebook, Twitter and email; and
c. encourage friends, family and other persons to:
9.c.1. use the Products;
9.c.3. follow the prompts and upload a testimonial.
10. Vibe Village reserves the right to remove any reviews, testimonial or Content (as defined below) that is not relevant to this Promotion or the Products or that is in breach of these terms and conditions.
11. Vibe Village will judge all entries and make a determination (using its absolute discretion) as to the prize winner taking into account the following:
a. the quality of the reviews;
b. the best sharing of reviews in accordance with clause 9.b.; and
c. any other factors that the Promoter or Vibe Village may consider relevant in determining the prize winner.
12. Five (5) prize winners will be selected from all correct entries.
13. Each prize winner will receive one (1) Braun Oral-B voucher to be used towards the purchase of Braun Oral-B products valued at $AU500.00 (terms relating to the use of that voucher will appear on the actual voucher).
14. The total prize pool value is $AU2,500.00.
15. Winners will be notified by email within seven (7) days of the Promotion Period ending.
16. Prizes are not transferable or exchangeable and cannot be taken as cash.
17. If any prize (or part of any prize) is unavailable, the Promoter or Vibe Village, 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.
Charity Donation
18. Any Eligible Entrant or other person that submits or uploads a review or testimonial relating to the Products by following the prompts on the website: www.oralbsmile.com.au during the Promotion Period.
20. In the event that a person logs onto the promotional website to upload a testimonial or review and the maximum donation amount of $2,500.00 has already been reached, the participant will still be able to upload the testimonial; however, no further donation will be made to the registered charity by Vibe Village or the Promoter.
21. Multiple testimonials are permitted per person, subject to the following conditions:
a. each testimonial must be substantially unique; and
b. each testimonial must be submitted separately and in accordance with the requirements set out in clause 28.
22. Donations or contributions made by the Promoter or Vibe Village as part of this promotion cannot be or assigned to another person, organisation or cause.
General
23. 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.
24. 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.
25. Incomplete, indecipherable or illegible entries will be deemed invalid.
26. 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.
27. 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.
28. All photos, emoticons, posts and/or any other materials posted on any website relating to this Promotion must be relevant to the Oral-B 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 and testimonials and remove any Content or testimonial that is not relevant to the Oral-B brand and/or any Content that is in breach of clause 29 of these Terms and Conditions.
29. When any entrant submits, uploads, produces or distributes any material relating to this Promotion including, but not limited to, comments, reviews, testimonials, 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.
30. 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 making of donations, 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.
31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
32. 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.
33. 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 donation amounts or 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 the Products or 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.
34. 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 and/or Vibe Village.
35. 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.
Cashback component
1. The cashback offer closes on May 31, 2010. and applies as follows:
Product
Oral-b Vitality & AP950 $5
Oral-B Professional Care 5000 $20
Oral-B Professional Care 3000 $20
Oral-B Professional 1000 $20
Oral-B Professional Care Triumph with Smart Guide $20
Oral-B Professional Care Triumph Dual handle $20
Collectively “Products”; products must be purchased from a participating retailer during the Promotional Period; Claims must be
received by last mail on 31/05/10 to qualify under this offer.
2. A refund is only valid if the Promoter receives:
(a) a copy of the original purchase receipt; and
(b) in the opinion of the Promoter, the coupon has been completed correctly and the purchase receipt is valid
3. The coupon can only be sourced and downloaded from www.vibevillage.com.au and will not be available in retail outlets
4. Multiple entries are permitted, subject to the following: (a) only one (1) entry into the promotion per specified purchase; and (b) each entry
must be submitted separately and in accordance with the entry requirements.
5. Refund does not include postage costs
6. Completed coupons correctly filled out together with receipt should be mailed to :
Oral-B Raise a Smile Cash Back Offer PO Box 1207 BROOKVALE NSW 2100
PO Box 495, BROOKVALE NSW 2100, Australia
7. This offer is in addition to and does not replace your statutory rights and protections.
8. Allow 45 working days to receive the cheque.
9. No responsibility will be accepted for late, lost or misdirected mail.
10. Employees, suppliers and their immediate families of the Promoter are ineligible to apply.
11. Information is being collected and will be held by the Promoter for the purposes of this offer. You have the right to access and correct
such personal information. You can view the Promoter’s Privacy Policy at http://www.pg.com/privacy/english/privacy_statement.html
12. The Promoter in Australia is Procter & Gamble Australia Pty Ltd (ABN 91 008 396 245) of L4, 1 Innovation Road, Macquarie Park
NSW 2113.