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Benefiber WoM Campaign
Terms and Conditions



1. Information on how to apply for 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 Novartis Consumer Health Australasia Pty Ltd (ABN 46 004 535 513) of Level 2, 327-329 Police Road, Mulgrave, Victoria 3170. 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. In these Terms and Conditions:

a. ‘Influencer’ means a person that has been selected in accordance with the terms and conditions of this Campaign;

b. ‘Influencer Pack’ means the pack that each Influencer will receive upon being selected as an Influencer in accordance with Clause 10.

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

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

(ii) registered their details on the Vibe Village Website to become a member of Vibe Village; and

(iii) has been accepted by Vibe Village as a Vibe Village Member.

d. ‘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

e. ‘Vibe Village Website’ means the Vibe Village website:


5. This Campaign commences at 00:01am (AEDT) on 31st March 2011 and closes at 11:59pm (AEST) on 1st May 2011 (“Campaign Period”).


6. Participation in this Campaign is only open to those persons who:

a. are Australian residents;

b. are aged 18 years of age or over;

c. have registered online to be a Vibe Village Member; and

d. otherwise fulfil the application requirements set out in these terms and conditions.
(“Eligible Applicants”).

7. To apply , Eligible Applicants must:

a. login as a Vibe Village Member on the Vibe Village Website;

b. follow the prompts to the Beauty of Benefiber WoM Campaign and complete the campaign survey on the Vibe Village Website; and

c. read, acknowledge and agree to these Terms & Conditions; and

d. submit the completed survey during the Campaign Period.

8. There is a limit of one application per Eligible Applicant.

9. Vibe Village will at the end of the Campaign Period, select at its absolute discretion, a maximum of 1000 Influencers taking into account:

a. their compliance with application requirements;

b. completion and content of responses to survey questions; and

c. any other matter which Vibe Village or the Promoter considers relevant to be deemed winners and become an Influencer.

10. This is a game of skill and chance plays no part in the selection of Influencers.

11. Applicants that are selected as Influencers will be notified by email no later than 14 days after Campaign Period ends and Influencers have been selected.

Influencer Pack

12. Each Influencer will receive an Influencer Pack which consists of:

a. one (1) sample of Benefiber, 155g;

b. ten (10) pass on cards to distribute to family and or friends, each containing two (2) sample sachets of Benefiber; and

c. one (1) instructional letter from Vibe Village addressed to the Influencer.

13. There is a limit of one Influencer Pack per household and in the event that two (2) or more Influencers are selected from the same household, only one Influencer Pack will be awarded and delivered to that household.

General Conditions

14. These General Conditions apply to the entire Campaign. Headings are for reference purposes only.


15. 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.

16. Vibe Village and the Promoter reserve the right, at any time, to verify the validity of applications and the eligibility of all applicants, including an applicant's identity, age and place of residence, and to disqualify any applicant who submits an application that is not in accordance with these Terms and Conditions or who tampers with the application 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.

17. Incomplete, indecipherable or illegible application will be deemed invalid.

18. If there is a dispute as to the identity of an applicant, the Promoter and/or Vibe Village reserve the right, in their sole discretion, to determine the identity of the applicant.

19. 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 applicant.


20. The Promoter’s and Vibe Village’s decision in relation to any aspect of this Campaign is final and binding on every person who applies. No correspondence will be entered into.

21. Influencer Packs (and parts thereof) are not transferable or exchangeable and cannot be taken as cash. If for whatever reason the winner does not redeem all or any part of the Influencer Pack within 14 days of delivery, the Influencer Pack or part thereof will be forfeited.

22. Subject to State and Territory law, if any prize (or part thereof) is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a prize to the equal value and/or specification.

23. Should an applicant’s contact details change during the Campaign Period, it is the applicant's responsibility to notify Vibe Village. A request to access or modify any information provided in an application should be directed to Vibe Village.

24. The Promoter accepts no responsibility for loss or damage to Influencer Packs in transit.

Submission of Content or Material

25. When any applicant (including an Eligible Applicant) submits, produces or distributes any material for this Campaign including, but not limited to, survey responses (“Content”), the applicant, 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. Applicants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

26. Applicants 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.

27. The Promoter and/or Vibe Village may remove any Content without notice for any reason whatsoever. Applicants 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 Applicant who submits or uploads any material that does not comply with these Terms and Conditions.

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

29. Applicants acknowledge that applications, including survey responses may be posted on to the Vibe Village Website.

Variations to the Campaign

30. 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:

a. for any reason, this Campaign 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 this Campaign; or

b. the application process, the determination of the Influencers and/or the delivery of the Influencer Packs 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. 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 campaign website.

Limitation of Liability

32. 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:

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 application or 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 tax liability incurred or

e. use of Influencer Pack.

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

33. Applicants consent to the Promoter and Vibe Village using their name, likeness, image and/or voice in the event they are selected as an Influencer (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.

34. 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. Applications are 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 applicants. Applicants should direct any request to access, update or correct information to Vibe Village. All applications become the property of Vibe Village. Vibe Village’s privacy policy can be viewed at


35. 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.