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Mentholatum ‘Oxy Works – See the Proof’


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.


2.    Participation in this promotion is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions.


3.    The Promoter is Mentholatum Australasia Pry Ltd (ABN 62 005 414 488) 12-16 Janine Street, Scoresby, Melbourne, Vic 3179, Australia. 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”).


Definitions


4.    In these Terms and Conditions:


a.    ‘Promotion Website’ means the website at: www.oxymums.com.au


b.    ‘Vibe Village Member’ means a person that has:


i.    agreed to the Vibe Village Terms and Conditions relating to membership of;


ii.    registered their details on the Vibe Village Website to become; and


iii.    has been accepted by Vibe Village as;


a Vibe Village member;


c.    ‘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


d.    ‘Vibe Village Website’ means the Vibe Village website: www.vibevillage.com.au.


Promotion Part One – Vibe Influencer Program


Dates


5.    This Promotion Part One commences at 00:01am AEDST on 21st March 2011 and closes at 11:59pm AEDST on 24th April 2011. (“Promotion Period One”).


Definitions


6.    In this Promotion Part One, the following expressions have the meaning set out opposite them:


a.    ‘Influencer Pack’ means the prize awarded to each Vibe Program Influencer as described in Clause 11;


b.    ‘Eligible Entrant’ means a person that is eligible to enter this Promotion Part One in accordance with Clause 7; and


c.    ‘Vibe Program Influencer’ means an entrant that has entered this Promotion Part One and been selected as a winner in accordance with the terms and conditions of this Promotion Part One.


Entry


7.    Participation in this Promotion Part One is only open to those persons who:


a.    Australian residents;


b.    aged 18 years of age or over;


c.    have at least one (1) dependent male between 13 and 24 years within the household at the date of entering this Promotion Part One; and


d.    have registered online to be a Vibe Village member; and


e.    otherwise fulfil the entry requirements set out in these conditions of entry.


Game of Skill


8.    This Promotion Part One is a game of skill (chance plays no part in the determination of winners) with Eligible Entrants required to:


a.    visit the Vibe Village Website, follow the prompts to fully complete the Vibe Village promotional “Oxy Works – See the Proof” survey questions, and


b.    submit the fully completed survey during Promotion Period One.  (please note that there is a limit of one (1) promotional survey per Eligible Entrant).


Judging


9.    Vibe Village will at the end of Promotion Period One select at its absolute discretion 840 Vibe Program Influencers taking into account:


a.    their compliance with entry requirements;


b.    completion and responses to survey responses;


c.    creativity and originality of entries; and


d.    any other matter which Vibe Village or the Promoter considers relevant to be deemed winners and become a Vibe Program Influencer.


10.    Entrants that are selected as Vibe Program Influencers will be notified by email no later than 14 days after Promotion Period One ends and winners have been selected.


‘Oxy Works – See the Proof’ Influencer Pack


11.    Each Vibe Program Influencer will receive eleven (11) packs, (ten (10) of which are intended to be passed on to friends, family or colleagues) which include:


a.    one (1) Oxy Face Wash 125mL;


b.    one (1) Oxy Anti-spot Balm 50ml;


c.    one (1) cash-back offer redeemable following the purchase of an Oxy product (wherever Oxy products are sold) by mailing the tear-off card plus the original proof of purchase to the Promoter;


d.    one (1) educational leaflet to provide information to friends and/or family members containing details on how to use, the benefits of the product and also how to enter the ‘Oxy Works – See the Proof’ prize element of this promotion; and


e.    one (1) Influencer instruction letter from Vibe Village to tell them what they need to do.


12.    Limit of one (1) ‘Oxy Works – See the Proof’ Influencer Pack per person.


Promotion Part Two – Review Wall


Dates


13.    This Promotion Part Two commences at 00:01am (AEDT) on 23rd May 2011 and closes at 11.59pm AEST on 19th June 2011 (“Promotion Period Two”).


Definitions


14.    In this Promotion Part Two, the following expressions have the meaning set out opposite them:


a.    ‘Eligible Entrant’ means a person that is eligible to enter this Promotion Part Two in accordance with Clause 15;


b.    ‘Entrant’ means a person that was eligible to enter and did enter this Promotion Part Two;


c.    ‘Product’ means any one or more of the Oxy products;


d.    ‘Prize’ means the prize awarded to each Winner of this Promotion Part Two as described in Clause 21;


e.    ‘Testimonial’ means a written review, testimonial or comment relating to a Product or the Entrant’s personal experience relating to the Product and may include an image or photo (provided that if another person appears in the image, that the Entrant has the subject’s written authorisation to use and upload the image); and


f.    ‘Winner’ means a person that was eligible to enter, did enter and was determined a winner of this Promotion Part Two in accordance with Clauses 19 and 20.


Entry


15.    Participation in this Promotion Part Two is only open to those persons who:


a.    are Australian residents;


b.    are aged 18 years of age or over;


c.    have a dependent male aged between 13 and 24 and


d.    otherwise fulfil the entry requirements set out in these conditions of entry.


Game of skill


16.    This Promotion Part Two is a game of skill with Eligible Entrants required to:


a.    purchase or obtain a sample of the Product;


b.    observe the Product in use by their dependent male;


c.    access the Promotion Website and follow the prompts to the competition entry page;


d.    either log in as a Vibe Village Member or register their contact details as required; and


e.    post one (1) Testimonial to tell us how these Oxy Products have helped their dependent male’s acne, during the Promotion Period Two.


17.    Multiple Testimonials are permitted per Entrant, 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 of this Promotion Part Two.


18.    All Testimonials posted on the Vibe Village Website and the Promotion Website must be relevant to the Product, as determined by the Promoter and Vibe Village in their absolute discretion. The Promoter and/or Vibe Village reserve the right to review the Testimonial and remove any Testimonial that is not relevant to the Product or is otherwise in breach of these Terms and Conditions.


Judging


19.    The Promoter and Vibe Village will review and judge all Testimonials submitted as part of this Promotion Part Two and will make a determination (using its absolute discretion as to the prize Winner taking into account the following:


a.    the quality of the Testimonial;


b.    the use of images and photos in a testimonial


c.    the originality and creativity of the Testimonial;


d.    the relevance of the Testimonial to the Product; and


e.    any other factors that the Promoter or Vibe Village may consider relevant in determining the Winners of this Promotion


Prize Winners


20.    Five (5) Winners will be selected from all entries, as determined by the Promoter and/or Vibe Village, in their absolute discretion.


21.    Each Winner will receive one (1) Prize which includes:


a.    one (1) Myer Gift Voucher valued at $300.00 AUD; and


b.    one (1) Rebel Sports Voucher valued at $300.00 AUD.


22.    The total Prize pool value for this Promotion Part Two is $3,000.00 AUD.


General Conditions


23.    These General Conditions apply to the entire Promotion (including Promotion Part One and Promotion Part Two).  Headings are for reference purposes only.


Entries and entrants


24.    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.


25.    Vibe Village and the Promoter reserve the right, at any time, to verify the validity of entries and  the eligibility of all entrants (including Eligible Entrants and Vibe Program Influencers), including an entrant’s 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.


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


27.    If there is a dispute as to the identity of an entrant (including an Eligible Entrant or Vibe Program Influencer), the Promoter and/or Vibe Village reserve the right, in their sole discretion, to determine the identity of the entrant.


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.    Any costs associated with becoming eligible to enter, entering or participating in this Promotion will be at the cost of the entrant or participant.


Products and prizes


30.    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 Vibe Program Influencers and/or the winner, is final and binding on every person who enters. No correspondence will be entered into.


31.    Winners will be notified by email within seven (7) days of determination unless otherwise specified.


32.    Prizes are not transferable or exchangeable and cannot be taken as cash.


33.    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.


34.    Delivery details of all prizes will be specified by email.


35.    Should an entrant’s contact details change during the Promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.


36.    The Promoter accepts no responsibility for loss or damage to products, packs or 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.


37.    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.


38.    All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.


Submission of Content or Material


39.    When any entrant (including an Eligible Entrant or Vibe Program Influencer) submits, produces or distributes any material for this Promotion including, but not limited to, Testimonials, comments, 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.


40.    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.


41.    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.


42.    Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.


43.    Entrants acknowledge that entries, including Testimonials will be posted on to the Promotion Website and the Vibe Village Website.


Variations to the Promotion


44.    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 Influencer or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.


45.    Where the Promoter or Vibe Village does modify, suspend, cancel or in any way amend the Promotion, the Promoter and/or Vibe Village will provide reasonable and sufficient notice to all entrants and participants on the Vibe Village Website and/or any Promotion Website.


46.    Any cost associated with accessing the Promotion Website is the entrant’s responsibility and is dependent on the Internet service provider used.


Limitation of Liability


47.    Except for any liability that cannot be excluded by law, the Promoter and Vibe Village (including their officers, employees and Influencers) 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 Influencer; or


f.    use of a prize or product.


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


48.    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.


49.    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, Influencers, 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 Promoter’s privacy policy can be viewed at www.mentholatum.com/privacy.htm and Vibe Village’s privacy policy can be viewed at www.vibevillage.com.au.


General


50.    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.


51.    This Agreement is to be interpreted in accordance with the Acts of the State of Victoria and all parties submit to the jurisdiction of the Courts of that State.