Vibe Village - Where your word makes a difference!
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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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Coles GRILL WoM Campaign

Vibe Village Terms and Conditions

 

1. Information on how to apply for the two parts of the Coles GRILL WoM Campaign (together, the "Campaign") forms part of these Terms and Conditions. Applications not completed in accordance with these Terms and Conditions will be rejected.

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

3. The promoter is Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708) of 800 Toorak Road, Hawthorn East, Victoria 3123 ("Promoter"). The Campaign is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) of 104/129 Fitzroy Street, St Kilda, Victoria, 3182 ("Vibe Village").

Definitions

4. In these Terms and Conditions and the Campaign:

a. 'Product' means any of the pre-packed variants within the Coles GRILL range;

b. 'Dashboard' means the program dashboard on the Vibe Village Website where Vibe Village Members record their Campaign activities;

c. 'Barbecue' means a get-together with friends and/or family which is to be organised pursuant to Campaign Part One in accordance with these Terms and Conditions;

d. 'Barbecue Group' means the Host and guests that were confirmed as attending and attended the Barbecue organised and held as part of Campaign Part One;

e. 'Host' means a person that was an Eligible Applicant under Campaign Part One, applied to enter, did enter and was determined an Influencer of Campaign Part One;

f. '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;

g. '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

h. 'Vibe Village Website' means the Vibe Village website: www.vibevillage.com.au.

Campaign Part One - Hosts

Dates

5. Campaign Part One commences at 14:00pm (AEDT) on 24th Jan 2013 and closes at:

a. 12:59pm (AEDT) on 7th Feb 2013; or

b. the time and date upon which the first 200 Hosts have satisfied the requirements of Clause 10;

which ever is first to occur ("Campaign Period One").

Definitions

6. In this Campaign Part One:

a. 'Eligible Applicant' means, for the purpose of Campaign Part One, a person that is eligible to enter this Campaign Part One;

b. 'Barbecue Date' is the date that the Eligible Applicant proposes to hold the Barbecue which must be no later than 11th March 2013;

c. 'Host' means a person who has been selected to receive a Host Pack in accordance with the terms and conditions of this Campaign Part One.

d. 'Host pack' means the pack that each Host will receive via email upon being selected as a Host and which includes:

(i) one (1) instruction email;

(ii) one (1) Coles GRILL Coupon which entitles the Host to select an eligible FREE Product from authorised and participating venues only during set periods of time (further terms and conditions will be specified on the Coupon); and

(iii) three (3) x Coles GRILL 20% Coupons entitling three (3) of the Host's friends to a 20% discount off the retail price of select Products from authorised and participating venues only during set periods of time (further terms and conditions will be specified on the Coupon). The Promoter will only fund three (3) 20% coupons per host.

Applications

7. Subject to clause 34, participation in Campaign Part One 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").

8. To apply, Eligible Applicants must:

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

b. follow the prompts to the Campaign survey;

c. read and agree to these Terms and Conditions; and

d. complete and submit the Campaign survey, including providing their personalised Flybuys membership number,

during Campaign Period One.

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

Judging

10. Vibe Village will judge all valid applications made in accordance with clause 8 as they are received during Campaign Period One, taking into account:

a. their compliance with the entry requirements;

b. their Campaign survey responses; and

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

11. This is a game of skill and chance plays no part in the selection of Hosts. The Promoter's decision is final and no correspondence will be entered into.

12. A maximum of 200 Hosts will be selected from all valid applications judged in accordance with clause 10.

13. Eligible Applicants who are selected as Hosts will be notified by email no later than twenty-one (21) days.

Host Pack

14. Each Host will receive one Host Pack valued up to $11.84. This is based on the average RRP for the 16 products included in the FREE coupon offer. This excludes the value of the discount 20% coupons.

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

16. Total prize pool value for Campaign Part One is $2,368.00 AUD (based on average product values across the range) excluding the value of the discount coupons.

Barbecue

17. Hosts will be expected and are encouraged to (after receiving their Host Pack):

a. organise and hold the Barbecue on the Barbecue Date;

b. purchase (using the Coupons from the Host Pack, if desired), consume and discuss the Products with their Barbecue Group; and

c. use the functionality of the Dashboard to post one (1) review and enter Campaign Part Two.

18. Any costs associated with holding a Barbecue, including but not limited to any costs associated with entertainment, venue hire, food, drinks or any other consumables, will be the responsibility of the Host and will not be paid for, contributed to or reimbursed by the Promoter or Vibe Village.

19. Notwithstanding any other condition of this Campaign, the Host agrees and acknowledges that neither Vibe Village nor the Promoter will be held liable for any costs, damages or claims made or caused either directly or indirectly:

a. as a result of the Host hosting the Barbeque; or

b. as a result of any delay in receiving of the Host Pack which may result in the Barbecue being postponed, cancelled or varied.

Please note that further terms and conditions (clauses 32 to 61 inclusively) apply to this Campaign Part One and must be read and understood prior to entering Campaign Part One.

Campaign Part Two - Review Wall

Dates

20. This Campaign Part Two commences at 10:01am (AET) on 7th February 2013 and closes at 09:59am (AEDT) on 11th March 2013 ("Campaign Period Two").

Definitions

21. In this Campaign Part Two:

a. 'Eligible Applicant means, for the purpose of Campaign Part Two, a person that is eligible to enter this Campaign Part Two;

b. 'Prize' means one (1) Coles retail voucher to be redeemed at authorised and participating Coles stores (subject to the terms and conditions that appear on the Voucher by the supplier) equal to the value of $50.00 AUD; and

c. 'Review' means a written review, testimonial or comment relating to the Product and may include an image (provided that if another person appears in the image, the Eligible Applicant has the subject's written authorisation to use and upload the image).

Entry

22. Subject to clause 34, participation in this Campaign Part Two is open to those persons who:

a. were selected as a Host under Campaign Part One;

b. hosted a Barbeque with their Barbeque Group; and

c. otherwise fulfil the application requirements set out in these Terms and Conditions,

("Eligible Applicants").

Game of skill

23. This Campaign Part Two is a game of skill with Eligible Applicants required to:

a. read, acknowledge and agree to these Terms and Conditions;

b. access the Dashboard;

c. consume the Product; and

d. use the functionality of the Dashboard to post one (1) Review during Campaign Period Two.

24. Multiple Reviews are permitted per Eligible Applicant, subject to the following conditions:

a. each Review must be substantially unique; and

b. each Review must be submitted separately and in accordance with the requirements of this Campaign Part Two.

25. All Reviews or material posted on the Dashboard or Vibe Village 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 uploaded Reviews and material and remove any Reviews or material that is not relevant or is otherwise in breach of these Terms and Conditions.

Judging

26. The Promoter and 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:

a. the quality of the Review;

b. the originality and creativity of the Review; and

c. the relevance of the Review to the Product.

27. The Promoter's and Vibe Village's decision is final and no correspondence will be entered into following the determination.

Prize Winners

28. Ten (10) winners will be selected from all valid entries and the winners will be notified by email within fourteen (14) days of Campaign Period Two ending.

29. Each winner will receive one Prize.

30. Conditions relating to the use of the Prize will be declared upon delivery of the Prize and the Prize must be redeemed in accordance with any such terms and conditions that appear on the Prize.

31. The total Prize pool value for this Campaign Part Two is $500.00 AUD.

Please note that further terms and conditions (clauses 32 to 61 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:

a. Any reference to an entrant includes a reference to an Eligible Applicant, Applicant or participant and any reference to an application includes an entry.

b. Any reference to a Prize includes a Host Pack and or a Prize.

c. Any reference to a winner includes a Prize winner and Host (as appropriate).

Applications, entries and Entrants

34. 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 first cousin.

35. 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.

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

37. 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.

38. 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.

39. 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.

Prizes and Goods

40. 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, is final and binding on every person who enters. No correspondence will be entered into.

41. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.

42. 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 product or prize to the equal value and/or specification.

43. Delivery details of all Prizes will be specified by email.

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

45. 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.

46. 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.

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

Submission of Content or Material

48. When any entrant submits, produces or distributes any material for this Campaign including, but not limited to Reviews, 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.

49. 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.

50. 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:

a. 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;

b. they will obtain prior consent from any person in respect of that person or their 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;

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; and

f. 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.

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

52. Entrants acknowledge that entries, including Reviews may be posted on to the Vibe Village website and be available for public viewing.

Variations to the Campaign

53. 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 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.

54. 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).

Limitation of Liability

55. 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 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;

d. any variation in prize value to that stated in these Terms and Conditions;

e. any tax liability incurred by a winner or entrant; or

f. participation in the Campaign or use of a Product 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.

Use of personal information

56. 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.

57. 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.

58. All entries into Campaign Part One and Campaign Part Two become the property of Vibe Village.

59. The Promoter's privacy policy can be viewed at www.coles.com.au/coles/privacy.aspx and Vibe Village's privacy policy can be viewed at www.vibevillage.com.au.

General

60. 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.

61. 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.