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Novartis Otrivin “Breathe Easy Baby” promotion
1.                  Information on ‘how to enter’ and promotion 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 Participation in this promotion is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions.
2.            The Promoter is Novartis Consumer Health Australasia Pty Ltd (ABN 46 004 535 513) of Level 2, 327–329 Police Road, Mulgrave VIC 3170. The Promotion is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025), Unit 1, 214 Mair Street, Ballarat, VIC, 3350 (“Vibe Village”).
3.            The promotion commences on 3 May 2010 at 00:01am AEST. Responses for the survey close on 31 May 2010 at 11:59 AEST. Parties are to be held no later than 18 July 2010 at 11:59 AEST. Content (as defined below) must be uploaded by 30 September 2010 at 11:59pm (collectively “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 are Eligible Entrants (see clause 5) and are not excluded from entering the promotion (see clause 19).
5.            Eligible Entrants include any person that has
a.    registered online at the Vibe Village Website: to be a member;
b.    followed the prompts on the Vibe Village Website and completed the promotional “Novartis Otrivin Breath Easy Baby” survey questions;
c.    submitted the completed survey on or before 11:59pm AEST on 31 May 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 1000 Novartis Otrivin Breathe Easy Baby 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) 150ml bottle of MILK Snotty Grotty Room Spray;
5.e.2.       one (1) Novartis Otrivin “Breathe Easy Baby” instructional DVD
5.e.3.       five (5) ‘Breathe Easy Baby’ kits to pass-on to friends, each of which includes one (1) Feeding Bracelet, one (1) Otrivin Baby Saline sample kit including one (1) aspirator and three (3) vials of Otrivin Baby Saline; and an information brochure to provide friends and/or family members. (“the Products”) and
5.e.4.       one (1) Party Host instruction letter from Vibe Village inviting them to host a Parent’s Get Together (“Party”);
f.      invited (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 4 July 2010
6.            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
7.            This is a game of skill with Eligible Entrants required to:
a.    submit or upload a testimonial on ‘Otrivin Saline Baby’ on the allocated ‘testimonial wall’ at;
b.    submit or upload photos, videos or commentary in relation to ‘Otrivin Saline Baby’ on the allocated Party Dashboard or on the testimonial wall at;
c.    share their testimonials 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
d.    encourage friends, family and other persons to:
7.d.1.       use the Products;
7.d.2.       log on to the website:
8.            Vibe Village reserves the right to remove any Content (as defined below) that is not relevant to this Promotion or the Products or that is in breach of these terms and conditions.
9.            Vibe Village will judge all entries into this Promotion and will make a determination (using its absolute discretion) as to the prize winner taking into account the following:
a.    the originality;
b.    the creativity; and
c.    the compatibility with the Promoter’s brand,
of the Content submitted as part of this Promotion.
10.         A total of five (5) prize winners will be selected from all entries.
11.         Each prize winner will receive one (1) Dyson Air Multiplier valued at $400. The total prize pool value is $AU2,000.00.
12.         Winners will be notified by email within seven (7) days of the Promotion Period ending.
13.         Prizes are not transferable or exchangeable and cannot be taken as cash.
14.         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.
Australian Breastfeeding Association Donation
15.         For every valid review or testimonial completed by an eligible entrant relating to the Products that is submitted or uploaded to the ‘testimonial wall’ at website: during the Promotion Period, Vibe Village will donate $1.00 to the Australian Breastfeeding Association up to a maximum of $AU5,000.00.
16.         In the event that a person logs onto the promotional website to upload a testimonial or review and the maximum donation amount of $5,000.00 has already been reached, the participant will still be able to upload the testimonial; however, no further donation will be made to the Australian Breastfeeding Association by Vibe Village or the Promoter.
17.         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 25
18.         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.
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) 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.
21.         Incomplete, indecipherable or illegible entries will be deemed invalid.
22.         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.
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.         All photos, emoticons, posts and/or any other materials posted on any website relating to this Promotion must be relevant to the Otrivin Saline Baby 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 Otrivin Saline Baby brand and/or any Content that is in breach of clause 25 of these Terms and Conditions.
25.         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 is 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 the owner of 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 Content, including copyright, 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 this condition.
26.         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.
27.         Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
28.         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.
29.         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 the 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.
30.         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.
31.         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, profiling and adverse events reporting 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