Terms & Conditions for Facebook Promotions
NIVEA Vital/Ita Buttrose promotion
https://www.facebook.com/NiveaAustralia?sk=app_166946876724051TERMS & CONDITIONS OF ENTRY
Information on how to enter the NIVEA Vital/Ita Buttrose promotion and prizes form part of these terms and conditions of entry. By participating in this Promotion you accept these terms and conditions. Entries not made in accordance with these terms and conditions will be disqualified.
The Promotion is open to Australian residents aged 18 years or over. The Promoter’s employees and their immediate families and the Promoter’s agencies associated with this Promotion are not eligible to enter.
Promotion commences 9am AEST on 1 October 2011 and entries close at 11.59pm AEST on 28 October 2011 (Promotion Period). This Promotion is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on creativity and originality.
How to Enter: To enter, entrants must during the Promotion Period
(a)Locate the ‘NIVEA Lunch with Ita’ application on the Facebook platform. Individuals can locate the ‘NIVEA Lunch with Ita’ application under the ‘NIVEA Lunch with Ita’ tab found on the NIVEA Australia page on Facebook (facebook.com/NiveaAustralia) and
(b)follow the prompts on the ‘NIVEA Lunch with Ita’ application register their details to answer the question ‘If you had the chance to ask Ita one skincare question, what would it be?’ in 25 words or less, and register their details (including full name, valid email address, telephone number and street address).
Only one entry per person will be accepted.Entries not completed in accordance with these terms and conditions or received after the Promotion Period ends will not be considered. Incomplete or incomprehensible entries will be disregarded. No responsibility is accepted for late, lost or misdirected entries.
The best five (5) valid entries, as determined by the judges, will each win the major prize. The value of each major prize will depend on the point of departure of each winner. The major prize is lunch for the winner and one companion with Ita Buttrose. Winners who reside outside of NSW will also win a trip to Sydney, NSW (for the winner and one (1) companion) from their nearest State capital city to attend the lunch. Each major prize includes: two (2) Economy Class return airfares to Sydney from the winner’s nearest capital city (if applicable); one (1) night’s twin share accommodation in Sydney (double bed or twin singles); and lunch with Ita Buttrose on 28 November 2011 at a restaurant in Sydney. The restaurant and the accommodation are to be determined by the Promoter, in its absolute discretion. Spending money, meals, insurance, transport within NSW, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included in a major prize. Major prize must be taken to coincide with the lunch with Ita Buttrose on 28 November 2011 with flights departing on 27 or 28 November 2011 and is subject to booking and flight availability.
If any of the major prize winners reside in NSW, the airfare component of the major prize will not apply and will not be redeemable for cash (and no substitute prize will be awarded).
Major prize winners from outside NSW and their 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.
The next best ten (10) valid entries, as determined by the judges, will each win a copy of the book ‘A Guide to Australian Etiquette’ by Ita Buttrose value at $26.96 each.
The total prize pool value is RRP $10,569.60.
Prizes are not transferable or exchangeable and cannot be taken as cash. Where a prize (or part of a prize) is unavailable for any reason, the Promoter reserves the right to substitute that prize (or part of that prize) with another prize of equal value and/or specification, subject to any necessary approval of the relevant gaming authorities and the winner will be notified accordingly. The Promoter shall not be liable for any changes to the value or make up of products or other elements offered as the prize.
Each entry will be individually judged based on the creative merit and originality of the answer provided to the question.
The Judges’ decision is final and no correspondence will be entered into. The final judging will take place on 31 October 2011 at 12pm AEDST at DraftFCB, Level 1, 4-14 Foster St, Surry Hills 2010. The Major Prize winners will be notified by phone and email within 2 business days of the judging. The secondary prize winners will be notified by email within 2 business days of the judging.
The lunch with Ita Buttrose on 28 November 2011 element of the major prize is subject to the lunch venue terms and conditions. The Promoter and venue organisers hereby expressly reserve the right to eject any winner (and/or his or her companion) for any inappropriate behavior, including but not limited to intoxication, whilst participating in any element of the major prize.
If a major prize is unclaimed by the 7th November 2011 the prize winner will forfeit the prize and any claims to the prize, and the Major prize will be awarded to the next best entry. There will be a re-judging for secondary unclaimed prizes conducted at 12pm AEDST at DraftFCB, Level 1, 4-14 Foster St, Surry Hills 2010 on 1 February 2012. The re-judged winner(s) will be notified by email on 3 February 2012.
In the event that for any reason whatsoever a winner does not take a prize (or part of a prize) as stipulated by the Promoter then that prize (or part of a prize) will be forfeited by the winner and cash will not be awarded in lieu of that prize (or part of a prize).
Prize winners should allow 28 days for their prize to be delivered. All secondary prizes will be sent by mail to the prize winners addresses provided on the NIVEA Australia Facebook site.
The Promoter and its agencies and companies associated with this Promotion will take no responsibility for prizes damaged, lost or stolen in transit.
All other costs or requirements associated with the prizes are the sole responsibility of the winners.
The promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
The Promoter reserves the right to refuse to allow a prize winner and any guest or guests to take part in any or all aspects of the prize if the Promoter determines, in its absolute discretion, that the prize winner or their guest(s) are not in the mental or physical condition necessary to be able to safely participate in the prize.
The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant:
(a) fails to establish their entitlement to enter the Promotion; or
(b) tampers with the entry process or benefits from such tampering; or
(c) submits an entry which is not in accordance with these terms and conditions.
The Promoter also reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and address). Errors and omissions may 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.
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.
Nothing in these Terms and Conditions limits, excludes or modifies 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 Facebook Australia Pty Ltd (ABN 83 134 012 543) (including their respective officers, employees and agents) exclude all liability for any claim, loss, damage or expense (including legal expenses), cost or charge whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any loss, damage or personal injury (including but not limited to direct, indirect or consequential loss) which is suffered or sustained, as a result of participating in the Promotion, or use of any of the prizes. Further, to the fullest extent permitted by law, the Promoter excludes liability for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, or traffic congestion on the Internet or any website, smartphone carriers or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to entrants’ or any other person’s computer related or resulting from participation in or downloading or uploading any materials in this Promotion.
It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
The Promoter 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 agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. It is a condition of entry that entrants provide the personal information requested and consent to the use of their personal information as specified in these terms and conditions. If an entrant does not provide the information and consent required, that entrant’s entry form will be invalid. The Promoter may, for an indefinite period, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. An entrant may opt out of receiving further communications of this nature from the Promoter by contacting the Promoter. Entrants should direct any request to access, update or correct information by writing to the Privacy Officer at the Promoter’s address set out below.
Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a successful entrant (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
When an entrant submits any materials via the Promotion including comments, recordings and images (Content), the entrant, unless the Promoter advises otherwise, licenses and grants 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 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.
Entrants agree 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 without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may consider 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 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter in its sole discretion can take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to State/Government Regulations.
The Promotion website may not be available for access from time to time during the Promotion Period and all access to the Promotion website is at the individual’s risk.
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.
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. No correspondence regarding the Promotion will be entered into by Facebook.
The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants agree to submit to the exclusive jurisdiction of the courts of Australia.
Any costs associated with accessing the Promotion website is the entrant’s responsibility and is dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall be deemed invalid.
The Promoter is Beiersdorf Australia Ltd, 4 Khartoum Road, North Ryde NSW 2113, ABN 98 000 025 623.
