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Terms, Eligible Entrants and Competition Period
1.Information on how to enter and prizes form part of these terms and conditions.
2.Any entry not complying with these terms and conditions is invalid.
3.In order to be eligible to participate in the competition entrants must meet the requirements set out below. Entrants must:
a.be residents of Australia or residents of New Zealand (who have a current passport)
b.be over 18 years of age;
c.be in good physical health and agree to undertake a medical check and meet all medical and physical requirements as required by the Promoter;
d.agree that they may be subject to a police check;
e.be available to undertake stunt training and perform the Final Stunt; and
f.not be an employee of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this competition or their immediate families;
(Eligible Entrant).
4.An Eligible Entrant may submit an entry alone (Solo Entrant) or as part of a group entry (Group). Each Group member (Group Member) must be an Eligible Entrant and the Group Members must nominate a lead member, who will be awarded any aspect of any prize that cannot be shared between the Group Members and who will be the contact person for the Group (Lead Member).
5.Solo Entrants and Lead Members of Groups must have a valid YouTube account with a correct and operational associated email address.
6.The competition commences at 12.01 pm Australian Eastern Standard Time (AEST) on Friday 10th June 2011 & closes at 11.59 pm AEST on Saturday 30th July 2011 (Competition Period).Video Entries
7.To enter, you will need to create a video, including any underlying works, which depicts the ideas of the competition theme ‘Triple the fun in your break’ (Video Entry). In the case of a Solo Entrant, the Solo Entrant must appear in the Video Entry alone. In the case of a Group:
a.other than the person filming, every Group Member must appear in the Video Entry;
b.only Group Members may appear in the Video Entry; and
c.the Lead Member must be clearly identifiable in the Video Entry (although their name need not be given).
8.Each Video Entry must:
a.Comply with the YouTube Terms of Use:
www.youtube.com/t/terms and Community Guidelines:
www.youtube.com/t/community_guidelines;b.be entirely the original work of the Eligible Entrant(s) associated with that entry;
c.not contain, promote or incite any dangerous conduct;
d.not promote, incite or instruct in matters of crime or violence;
e.not contain any inappropriate, defamatory, discriminatory, demeaning, offensive, obscene, indecent, sexually explicit or blasphemous material or the personal information of any person other than the Eligible Entrants associated with the Video Entry;
f.not contain any content, including but not limited to music, recordings, lyrics, film, images or words, which may breach a third party’s intellectual property rights; and
g.not breach any relevant law.
Online Entry Process
9.Australian entrants go to
www.youtube.com/KiKatANZ (Competition Website) and follow the prompts to submit your entry, including by uploading the Video Entry to the Solo Entrants’ or Lead Members’ YouTube account and submitting the Video Entry to the Competition Website.
10.There is no limit on the number of entries per Eligible Entrant or Group, provided that each entry is different.Major Prize
11.The Major Prize Winner will win:
a.the opportunity to perform a stunt (the Final Stunt) in a 3 minute television commercial (TVC) as the KIT KAT Chunky 3 Hero; and
b.$10,000 (Money Prize),
(Major Prize).
12.If a Group wins the Major Prize, the Lead Member will be awarded the opportunity to perform the Final Stunt. However, any Money Prize will be shared equally between all Group Members, including the Lead Member.
13.The Money Prize will be awarded within 21 days after the Final Stunt has been performed. If the Major Prize Winner is unwilling or unable to perform the Final Stunt, the Money Prize will be awarded within 21 days after the Final Stunt has been performed by an alternate party.Stunt Training Prize
14.The winner (Major Prize Winner) will win the opportunity to undergo 2 weeks of stunt training (Stunt Training Prize) which will comprise the following:
a.Week 1: provision of a personal trainer to train you for one week after business hours and full time on the weekend in your home town;
b.Week 2: stunt school training full time for one full week in Sydney for a period of 2 weeks during the period Wednesday 10 August 2011 to Wednesday 31 August 2011 (Stunt Training Period) and will cover Strength Work, Fitness and Endurance Training and Height/Speed Familiarisation. Exact dates for the Stunt Training Prize will be confirmed closer to the date.
15.If a Group is the Major Prize Winner, the Lead Member of the Group only will be awarded the opportunity to take the Stunt Training Prize.
16.The Major Prize Winner must be available for travel to Sydney and/or the NSW Central Coast and for full participation in the Stunt Training Prize during the Stunt Training Period.
17.The Stunt Training Prize includes economy flights from the prize taker’s closest metropolitan airport to Sydney return (unless a resident of greater metropolitan Sydney), transfers to the stunt location and training site, accommodation in a minimum 3 star hotel or equivalent in or around Sydney or Gosford during the Stunt Training Period and all meals and travel associated with participation in the Stunt Training Prize. Spending money, additional costs such as travel insurance and any other ancillary costs are each prize taker’s individual responsibility. The Promoter will not pay for any leave from employment that may be necessary.Moderation and disqualification
18.The Promoter will moderate Video Entries in accordance with these terms and conditions and valid Video Entries will appear on the Promoter’s YouTube channel at
www.youtube.com/KiKatANZ within approximately 24 hours of submission of the entry.
19.The Promoter reserves the right to:
a.disqualify any Video Entry that the Promoter has any reason to believe does not comply with these terms and conditions; and
b.verify the validity of all entries (including identity, age and place of residence) as it deems necessary and to disqualify any Eligible Entrant for tampering with the entry process or breaching these terms and conditions of entry.
20.An Eligible Entrant may, in the Promoter’s absolute discretion, be notified by the Promoter should a Video Entry be disqualified for a reason which the Promoter considers is capable of remedy, and the Eligible Entrant may choose to resubmit a new Video Entry in accordance with these terms and conditions.Licences, assignments, waivers and consents: Video Entry
21.It is a condition of entry that each Eligible Entrant:
a.warrants that the Video Entry is an original work and that they own the copyright in the Video Entry;
b.grants to the Promoter a free, non-exclusive, irrevocable and perpetual licence to reproduce, publish, communicate and otherwise use the Video Entry, or any part of it, in any manner and in any format, without attribution, including but not limited to for the purposes of uploading and publicly displaying the Video Entries on Youtube and for the purposes of promoting this competition or the Promoter in any media;
c.consents to all acts or omissions by the Promoter in relation to the Video Entry which would otherwise be a breach of any of the Eligible Entrant’s moral rights, whether in Australia or in any other country, acknowledges that the consent extends to any successors in title to the Promoter and to any licensees of or persons authorised by the Promoter, and freely gives the consent; and
d.agrees to the use by the Promoter of the Eligible Entrant’s name, image and photograph for publicity and promotional purposes of this Competition or of the Promoter in any media without compensation.
22.In the case of Group entries, it is a condition of entry that the Lead Member represents and warrants that each Group Member is informed of and agrees to these terms and conditions and that, on request by the Promoter, each Group Member must acknowledge in writing signed by the Group Member that he or she is bound by these terms and conditions.
23.It is a condition of entry and of taking any prize that the Major Prize Winner (including each Group Member):
a.acknowledges in writing signed by the Eligible Entrant that it is bound by these terms and conditions; and
b.agrees to provide all assistance requested by the Promoter to give effect to these terms and conditions, including but not limited to signing any documents in relation to moral rights.
Public Voting, Eligibility, Judging Criteria and selection of Preliminary Finalists
24.The public will be invited to vote on-line for uploaded Video Entries that they like during the Competition Period by giving Video Entries a “thumbs-up” using the YouTube voting overlay or by voting via the brand channel “VOTE” tab.
25.The number of votes a member of the public may submit per Video Entry or for different Video Entries is limited to one vote per person per Video Entry per day. However, the Promoter reserves the right to disqualify any Eligible Entrant (and any entry associated with that person) who is found to be using any improper means to gain votes, including use of inducements or automated systems of obtaining votes.
26.Each valid entry will be judged by the Promoter based on:
a.number of public votes for the Video Entry;
b.the originality, creativity and entertainment value of the Video Entry;
c.demonstration of the theme ‘Triple the fun in your break’ in the Video Entry;
d.the aptitude and appropriateness of the Eligible Entrant (or, in the case of a Group, the Lead Member) to perform the Final Stunt;
e.outcomes of police and medical checks; and
f.compliance with these terms and conditions
(Judging Criteria).
27.This is a game of skill and chance plays no part in determining the winner. All valid entries received during the Competition Period will be judged by the Promoter on their merits in accordance with these Judging Criteria.
28.During the Competition Period, a short-list of Eligible Entrants will be compiled by the Promoter. Telephone screening of the Eligible Entrants on the short-list based on the Judging Criteria may take place prior to the end of the Competition Period, as well as after the Competition Period (Short-Listed Entrants), however, no decisions will be made by the Judges prior to the end of the Competition Period.
29.Eligible Entrants must make themselves reasonably available for telephone interview between Monday 13th June 2011 and Friday 5th August 2011. (Each Group Member of any Group must make themselves available on request, but each Group Member will not necessarily be required for interview.)
30.Where Groups have not previously nominated a Lead Member, they must do so during the telephone interview process.
31.Short-Listed Entrants may be required to undergo checks for criminal convictions and Solo Entrants and Lead Members may be required to undergo general health, strength and fitness checks at the Promoter’s cost. It is a condition of this Competition that information obtained during these checks be made available to the Promoter, however, the Promoter agrees that this information will be used only for the purposes of this Competition and will not be disclosed to any other person.
32.Eligible Entrants will not be eligible to win the prize if:
a.they cannot be contacted within 3 attempts;
b.they are a New Zealand entrant without a valid passport;
c.they are not available to perform the Stunt Training Prize and Final Stunt on the nominated dates; or
d.they fail the police or medical checks.
Selection of Major Prize Winner
33.The Major Prize Winner will be decided based upon the results of these checks and the Judging Criteria.
34.The Major Prize Winner will be selected by the Promoter on Friday 5th August 2011 at 1 Homebush Bay Drive, Rhodes NSW 2138, announced on that day on the Competition Website and will be notified by telephone and mail.Stunt Training Period
35.It is a condition of taking the Stunt Training Prize that the prize taker sign any agreement or deed in any form required by the Promoter in its absolute discretion, including but not limited to acknowledgements that the Stunt Training Prize is a dangerous recreational activity and releases and indemnities in relation to the risks associated with participation in the Stunt Training Prize, in favour of the Promoter and any of its employees, officers, agents or contractors.
36.Throughout the Stunt Training Period, the Major Prize Winner will be required to participate in Strength Work, Fitness and Endurance Training and Height/Speed Familiarisation training after hours and on the weekend during the first week and full time for the second week.
37.The prize takers will be required to participate in promotional activities during the Stunt Training Period on reasonable notice.Final Stunt
38.It is a condition of taking the Major Prize that the prize taker sign any agreement or deed in any form required by the Promoter in its absolute discretion, including but not limited to acknowledgements that the Final Stunt is a dangerous recreational activity, and releases and indemnities in relation to the risks associated with participation in the Final Stunt, in favour of the Promoter and any of its employees, officers, agents or contractors.
39.The TVC featuring the Final Stunt will be filmed between the 22nd of August 2011 and the 26th of August 2011 and the prize taker must be available to be in Sydney and/or Gosford during that period. The exact filming date will be confirmed closer to the date.
40.The TVC including the Final Stunt footage is scheduled for broadcast on Channel GO! in Australia on Sunday 4th September 2011, subject to timing of the Final Stunt and programming availability. The Promoter may use the TVC for such period of time and in any media as it sees fit in its absolute discretion.Exclusion of liability and Promoters discretion
41.Taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified in these terms and conditions as being provided are the prize taker’s sole responsibility. If required by law, Nestlé reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due.
42.Neither Facebook, YouTube or the Promoter are liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of participating in any prize, except for any liability which cannot be excluded by law.
43.The Promoter may refuse to allow a prize taker to take part in any or all aspects of a prize if the Promoter reasonably determines that the person is not in the mental or physical condition necessary to be able to safely participate.General
44.The Promoter’s decision on all matters is final and no correspondence will be entered into.
45.All entries and details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting
www.nestle.com.au/privacy or calling 1800 005 510 in Australia, and by visiting
www.nestle.co.nz/privacy or calling 0800 830 840 in New Zealand.
46.If for any reason this Competition is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Competition, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant regulatory authority), to cancel, terminate, modify or suspend the Competition. The Promoter may in its sole discretion disqualify any individual who tampers with the entry process.
47.Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an Eligible Entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Competition.
48.The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138 in Australia and Nestlé New Zealand Ltd of 12-16 Nicholls Land, Parnell, Auckland, New Zealand in New Zealand.
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Australian Competitions Club
