https://www.facebook.com/venergyaustralia?sk=app_636379513054565Win a trip for two to LA, including return economy airfares from the winner's nearest capital city, five nights twin share accommodation in a five star hotel as determined by the Promoter, and AUD$1000 spending money
Upload a photo that includes a V Not Orange can or bottle
TERMS AND CONDITIONS
Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 16 years or over. Employees (and their immediate families) of the Promoter 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.
Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
Promotion commences at 12:00pm on 09/05/2013 and closes at 11:59pm on 19/06/2013 ("Promotional Period"). All times throughout the terms and conditions will be based on Sydney local time, which will be AEST. There will be 5 weekly rounds for this promotion ("Rounds"). With Round 1 closing on 11.59pm on 15/05/2013 and Round 5 closing on 11.59pm on 12/06/2013. There will be no weekly prizes awarded in the last week of the Promotional Period. Entries received in one Round will not roll over into subsequent Rounds for the purpose of determining the weekly prize winners.
To enter, the entrant must first create a photograph that includes a V Not Orange can or bottle.
Photos must be in the following format: jpeg / jpg / png /gif To enter, the entrant must complete the following steps:
visit
www.facebook.com/venergyaustralia; click on the V Not Orange Facebook application ("the Application") tab;
allow the Application to access their personal information on Facebook;
upload their photograph;
provide their answer to the following: In 25 words or less tell us what is so awesome about your V Not Orange photo bomb!
read and accept the terms and conditions; and submit their entry.
When an Entrant submits any materials via the promotion including photographs and images (“Content”), the entrant, unless the Promoter advises otherwise, license and grant the Promoter, its 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. The entrant agrees not to assert any moral rights in relation to such use. The entrant warrants that they have the full authority to grant these rights.
The entrant acknowledges that that the Promoter may display the Content submitted, or part thereof, on Facebook.
The Entrant agrees that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content it may display in any media without notice for any reason whatsoever.
Entrants warrant and promise that any entries submitted are the sole and original creation of the entrant and have not been copied in whole or in part from any other work, except for the use of the can or bottle of V Not Orange
Entries must not advertise or promote third parties' or the entrant's own goods or services. Entries must not use third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights, other than the Promoter’s V Not Orange can or bottle.
Entries must not (1) depict or refer to people conducting themselves in an inappropriate manner, (2) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, (3) be offensive towards anyone, or (d) refer any other participant in the promotion.
Entries should not show, imply, encourage or refer to aggression or unruly, irresponsible or anti-social behaviour.
Obscene, provocative, sexually overt, lewd or otherwise objectionable content or entries which reflect poorly on the brands of the Promoter and its affiliates will not be considered.
Determination of the appropriateness and acceptance of any entry is at the sole discretion of the Promoter, including as a result of breaching the Terms and Conditions herein.
Entrants warrant and agree that 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. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter against any claim that arises as a result of the entrant breaching these Terms and Conditions.
The Promoter reserves the right, at any time, to verify the validity of entries and 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 will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable, or illegible entries will be deemed invalid. Limit of one entry per person per day. Each entry must be substantially unique.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on creative and literary merit of the response to the question. The Promoter’s decision is final and no correspondence will be entered into. Winners will be notified by email and/or phone. The Promoter reserves the right to select reserves based on merit and use them in the event the original individuals selected to win a prize are deemed ineligible or do not claim their prize by the required time.
The winners must claim their prize, in accordance with the instructions provided, within 28 days of the date the email notification is sent by Promoter, otherwise their right to the prize will be forfeited, and the Promoter, in its absolute discretion, reserves the right to award the unclaimed prize to another entrant.
The best 3 valid entries in each Round, as determined by the judges, will win a Nikon AW100. Valued at AU$268 – correct at the time of publishing.
The best entry received during the entire Promotional Period, as determined by the judges, will win a trip for two to LA, including return economy airfares from the winner's nearest capital city, five nights twin share accommodation in a five star hotel as determined by the Promoter, and AUD$1000 spending money. Additional spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 9/0/2014 and is subject to booking and flight availability. Prize cannot be taken during school holidays, public holidays or other peak periods. Valued at up to AU$5,500 - correct at the time of publishing
During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
Entrants consent to the Promoter using the entrant's 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.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its advertising agency (including their respective 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.
Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter and its advertising agency (including their respective officers, employees and agents) are not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (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 (g) use of a prize.
All entries become the property of the Promoter. The Promoter collects entrants’ personal information to enable you to participate in this promotion. To facilitate your participation, the Promoter may disclose your personal information to companies it has engaged to assist it in conducting the promotion. If you do not provide your personal information, the Promoter will not be able to enter you into this promotion. The Promoter 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. A request to access, update or correct any information should be directed to the Promoter at the address shown below in clause 26.
Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
26. The Promoter is Frucor Beverage (Australia) Pty Limited (ABN 73 060 091 536) of Level 2, 5 George Street, North Strathfield NSW 2137.