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Racheal
Forbes

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Masterfoods Simple Twist : GAME OF SKILL COMPETITION: 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, available from www.vibevillage.com.au .
  2. The Promoter is Mars Australia Pty Ltd. (ACN 008 454 313) of Kelly Street, Wodonga, Victoria 3690. The Promotion is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) of Unit 1/214 Mair Street, Ballarat, Victoria 3350 (“Vibe Village”).

Entry

  1. This promotion commences at 00.01am on 27/04/2010 and final entries close at 11.59pm on 30/07/2010 (“Promotion Period”). No responsibility is accepted for lost, late or misdirected entries.
  2. Entry is open to residents of Australia aged 18 years of age or over.
  3. Participants can enter via www.vibevillage.com.au (“Vibe Village Website”). Entry into the competition is free and only valid if all details provided on entry are completed and correct. There is a limit of one entry per participant. Subsequent entries by the same entrant will be disqualified and removed prior to the draw.
  4. Eligible Entrants include any person who has:
    1. registered online at the Vibe Village Website to be a member;
    2. followed the prompts and completed the Masterfoods Simple Twist survey questions;
    3. submitted the survey before 11.59pm on 04/06/2010; (please note there is a limit of one(1) promotional survey that may be completed per each entrant);
    4. been selected by the Promoter or Vibe Village to act as one (1) of 2000 Agents (as defined on the Vibe Village Website) for the Masterfoods Simple Twist promotion (“an Agent”);
    5. received one (1) Simple Twist Pack which includes:
      1. five (5) Bottles of Masterfoods Herbs and Spices (Tuscan Seasoning, Thyme Leaves, Chinese 5 Spice, Paprika-Smoked, Moroccan Seasoning) and a Simple Twist Recipe Set
      2. five (5) Simple Twist kits for pass-on to friends, each of which includes one (1) bottle of Masterfoods Herbs and Spice and, (1) one set of Simple Twist recipes and information to provide to friends and/or family members containing details on how to access www.mytwist.com.au (“the Simple Twist Website”).
      (“the Products”) and
      1. Agent Host instruction letter from Vibe Village asking them to pass on the five (5) Simple Twist kits to their friends and/ or family members;

Game of Skill

  1. This is a game of skill with Eligible Entrants required to:
    1. submit or upload their own Simple Twist meal ideas and add their comments, by using the “Add a Twist” or “Create a Twist’ function from the link on their dashboard on the Vibe Village Website or at the Simple Twist Website (“Material”);
    2. share the Simple Twist meal ideas 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
    3. encourage friends, family and other persons to:
      1. use the Products;
      2. log on to the Simple Twist Website;
      3. follow the prompts and upload a Simple Twist meal idea; and
      4. add their comments, by using the “Add a Twist” or “Create a Twist’ function.
  2. All Material posted submitted or uploaded on any website pursuant to this Promotion must be relevant to the Promotion or the Products, as determined by the Promoter and Vibe Village in their absolute discretion. The Promoter and/or Vibe Village reserves the right to review uploaded Material and remove any reviews, testimonial or Material that is not relevant to this Promotion or the Products or that is in breach of these terms and conditions.

Winners and prizes

  1. Vibe Village and the Promoter will judge all entries and make a determination (using its absolute discretion) as to the prize winner taking into account the following:
    1. the quality of the Material;
    2. the best sharing of reviews and Material in accordance with clause 7.2; and
    3. any other factors that the Promoter or Vibe Village may consider relevant in determining the prize winner.
  2. Eighteen (18) prize winners in total will be selected from all correct entries.
  3. Major Prize
    1. Out of all prize winners, three (3) major prize winners will receive an invitation to attend one (1) Fast Ed’s Simple Twist Meal Ideas Masterclass. (“Major Prize”).
    2. The Major Prize is for each of the three (3) Major Prize winners and one (1) friend to attend the Masterclass and includes:
      1. two (2) adult return commercial flights to the Masterclass from the Australian capital city airport closest to the winner’s usual residential address (if the winner’s usual residential address is outside of the State where the Masterclass is being conducted);
      2. one (1) night (4 star) accommodation in the city where the Masterclass will be conducted; and
      3. $200.00 AUD spending money.
    3. The Major Prize must be redeemed at the time of Ed’s Masterclass in 2010 as advised to the winner by the Promoter.
    4. Each Major Prize is valued at up to $1,600.00 AUD.
    5. Any cash provided as part of the Major Prize is provided to the prize winner only and not the prize winner’s friend or companion. It is at the discretion of the prize winner as to how they distribute or spend that cash.
    6. The Major Prize includes airfare-related taxes and charges. All ancillary costs incurred (unless expressly included), including without limitation: accommodation, transport to and from the winner’s usual residential address, meals, beverages, laundry services, additional spending money, transport to and from airport departure point, taxes (including applicable arrival and departure taxes), insurance, travel insurance, and all other costs are the responsibility of the winner.
    7. Use of the Major Prize by the winner is subject to the following conditions:
      1. The Major Prize cannot be used in conjunction with any other discounts or special offers.
      2. Passes and tickets issued as part of the Major Prize are subject to prevailing terms and conditions of use.
      3. Any tickets or passes issued which remain unused after the expiry date stated on the tickets or passes will be deemed null and void.
      4. No extension of travel dates will be permitted.
      5. The prize winner will not accrue any frequent flyer points from taking or using the Major Prize.
      6. Travel is subject to booking and flight availability. Blackout periods may apply.
      7. Once booked, any changes made to a booking may incur a cancellation fee or amendment fee, at the cost of the prize winner.
      8. The flights as part of the Major Prize are to be arranged by a licensed travel agent nominated by the Promoter and/or Vibe Village.
      9. All components of the Major Prize must be taken together.
  4. Runner Up Prize
    1. The remaining fifteen (15) runner up prize winners will each receive one (1) Masterfoods Hamper, including a selection of Masterfoods products and ‘Fast Ed’s Dinner in 10’ cookbook valued at $100.00 AUD (“Runner Up Prize”).
  5. Total maximum prize pool value is up to $6,300.00 AUD.
  6. All prize values are recommended retail price including GST.
  7. Winners will be notified by email within seven (7) days of the Promotion Period ending.

General Conditions

  1. These General Conditions apply to the entire Promotion. Headings are for reference purposes only.

Entries and entrants

  1. Employees (and their immediate families) of the Promoter, Vibe Village, their related bodies corporate and their agencies 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.
  2. Vibe Village and the Promoter reserve the right, at any time, to verify the validity and content of entries and the eligibility of entrants (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 only be accepted at the Promoter’s and/or Vibe Village’s discretion. Failure by Vibe Village or the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  3. All entries become the property of Vibe Village. Vibe Village reserves the right to use the content of entries (including the entrants’ names, addresses and telephone numbers) for the purpose of future promotions, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant.
  4. Incomplete, indecipherable or illegible entries will be deemed invalid.
  5. 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.
  6. 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.

Products and prizes

  1. The Promoter’s and Vibe Village’s decision in relation to any aspect of this promotion, including the selection of prize winners 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.
  2. Prizes are not transferable or exchangeable and cannot be taken as cash.
  3. If any Product or prize (or part thereof) is unavailable, the Promoter or Vibe Village, in its discretion, reserves the right to substitute the Product or prize (or that part) with a product or prize to the equal value and/or specification.
  4. Delivery details of all prizes will be specified by email to the competition winners and will include an expiry date for delivery. Any prizes that remain undelivered or unclaimed by the competition winner after the expiry date or within 60 days of the intended delivery date where no expiry date is specified will be forfeited by the competition winner.
  5. The Promoter accepts no responsibility for loss or damage to Products or prizes in transit. The Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as Products or prizes.
  6. As a condition of accepting any Product or prize, a winner may be required to sign legal documentation as and in the form required by the Promoter, Vibe Village and/or Product or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  7. The prizes must be taken as offered and cannot be varied. If an Eligible Entrant does not claim their prize in the manner and in the timeframes set out in these terms and conditions, the prize will be forfeited.
  8. All cash prizes will be paid by cheque or electronic funds transfer into a bank account held in the winner’s name, as nominated in writing by the winner. The Promoter and Vibe Village accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
  9. All warranty claims in respect of a prize must be directed towards the applicable manufacturer and not the Promoter or Vibe Village.

Submission of Content or Material

  1. When any entrant submits, produces or distributes any material for this Promotion including, but not limited to Material, 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.
  2. 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.
  3. The survey responses provided by entrants becomes the property of Vibe Village, as outlined in the Terms and Conditions of the Vibe Village website, which can be located www.vibevillage.com.au under T&Cs for “Vibe Village Content” and “Intellectual Property”.
  4. The Promoter and/or Vibe Village may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    1. 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;
    2. they will obtain prior consent from any person or property that appears in their Content;
    3. 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;
    4. their Content shall not contain viruses or cause injury or harm to any person or entity;
    5. 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
    6. 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.
  5. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.

Variation to the Promotion

  1. Vibe Village and/or the Promoter may, in its/their absolute discretion, modify, suspend, cancel or recommence the promotion, as appropriate, if:
    1. 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 Vibe Village which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion; or
    2. the determination of the prize winners 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.
  2. Any cost associated with accessing any promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

Limitation of Liability

  1. 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:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s or Vibe Village’s control);
    2. any theft, unauthorised access or third party interference;
    3. 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;
    4. any variation in prize value to that stated in these Terms and Conditions;
    5. any tax liability incurred by a winner, Eligible Entrant or Party Host; or
    6. participation in a Party and/or use of a 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

  1. 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.
  2. 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 .