Follow the link for your chance to share in 1 of 100 instant win plush Teddies and 20 Vita Jellies hamper packs! Good luck!
https://www.facebook.com/CenovisAustralia/app_423912287643278TERMS AND CONDITIONS1. Information on how to apply for the Cenovis Vita Jellies Game of Skill Campaign (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.
3. The promoter is Sanofi - aventis healthcare Pty Ltd (ABN 43 076 651 959), Building D, 12-24 Talavera Road, Macquarie Park, NSW, 2113 (“Promoter”). The Campaign is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) of Unit 1, 214 Mair Street, Ballarat, Victoria, 3350 (“Vibe Village”).
Definitions
4. In these Terms and Conditions and the Campaign:
a. ‘Facebook’ means the social networking site available at
www.facebook.com which members of the public can become of member of (subject to the terms and conditions of Facebook);
b. ‘Facebook Application’ means the Campaign application provided by Vibe Village and accessed via Facebook;
c. ‘Facebook Member’ means a person who has registered, been accepted as and continues to be a member of Facebook and has agreed to the terms and conditions of that membership;
d. ‘Facebook Page’ means the Vita Jellies Facebook Page available on Facebook at
https://www.facebook.com/CenovisAustralia;e. ‘Prize’ means one of 20 Vita Jellies Hamper Packs, consisting of 2 x Cenovis Vita Jellies packs (60 Jellies), valued at RRP $12.95 AUD, 1 x Vita Jellies Pencil Pack (consisting of pencil case, ruler, crayons and eraser), 1 x Vita Jellies water bottle with freeze stick, 1 x Vita Jellies cook book, and 1 x Crabtree & Evelyn Essentials Pack, valued at RRP $59.00 AUD. Some prize components within the Hamper pack are not available for retail sale, although the estimated value of each Prize should not exceed $99.90 AUD;
f. ‘Photo’ means a photo or image that may be uploaded as part of the Review or Tip (provided that if another person appears in the image, that applicant must have the subject’s written authorisation to use and upload the image);
g. ‘Review’ means a written review, testimonial or comment relating to the Product and may include a Photo;
h. ‘Tip’ means a helpful and handy tip relating to getting good nutritional intake for your child, which may include the uploading of an image to demonstrate the tip;
i. ‘Product’ means Cenovis Vita Jellies.
Dates
1. The Campaign commences at 10:00am (AEST) on 18 June 2012 and closes at 4:00pm (AEST) on 27 July 2012 (“Campaign Period”).
Applications
5. Subject to clause 19, participation in this Campaign is only open to those persons who:
a. are Australian residents;
b. are aged 18 years of age or over;
c. are a Facebook Member;
d. have accepted the Facebook Application;
e. have “Liked” the Facebook Page; and
f. otherwise fulfil the application requirements set out in these terms and conditions,
(“Eligible Applicants”).
Game of skill
6. This Campaign is a game of skill with Eligible Applicants being required to:
a. read and agree to these Terms and Conditions and Vibe Village’s privacy policy; and
b. either:
(i) sample the Product, and complete a Review on the Facebook Application; or
(ii) submit a Tip on the Facebook Application;
during the Campaign Period.
7. Multiple Reviews or Tips are permitted per Eligible Applicant, subject to the following conditions:
a. each Review or Tip must be substantially unique; and
b. each Review or Tip must be submitted separately and in accordance with the requirements of clause 6 and this Campaign.
8. All Reviews posted on the Facebook Application 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 remove any Reviews that are not relevant or are otherwise in breach of these Terms and Conditions.
9. All Tips posted on the Facebook Application must be relevant to the Campaign, as determined by the Promoter and Vibe Village in their absolute discretion. The Promoter and/or Vibe Village reserve the right to review the completed Tips and remove any Tips that are not relevant or are otherwise in breach of these Terms and Conditions.
10. Each Eligible Applicant acknowledges and agrees that upon entering this Campaign, part or all of that applications including without limitation the Tip or Review, and any image may be uploaded directly to the Facebook Application for public viewing and the Eligible Applicant consents to the use of that information and material by the Promoter and Vibe Village for that purpose.
Judging
11. At the end of the Campaign Period, the Promoter and Vibe Village will judge all valid applications received during the Campaign Period taking into account:
a. the quality of the Review or Tip;
b. the originality and creativity of the Review or Tip;
c. the relevance of the Review to the Product;
d. the relevance of the Tip to the Campaign; and
e. any other factors that the Promoter or Vibe Village may consider relevant in determining the Prize winner.
Prize winners
12. Twenty (20) winners will be selected from all valid applications pursuant to clause 11. Prize winners will be notified by email within 14 days of the Campaign Period ending.
a. Each prize winner will receive one (1) Vita Jellies Hamper Packs, consisting of 2 x Cenovis Vita Jellies packs (60 Jellies), valued at RRP $12.95 AUD, 1 x Vita Jellies Pencil Pack (consisting of pencil case, ruler, crayons and eraser), 1 x Vita Jellies water bottle with freeze stick, 1 x Vita Jellies cook book, and 1 x Crabtree & Evelyn Essentials Pack, valued at RRP $59.00 AUD. Some prize components within the Hamper pack are not available for retail sale, although the estimated value of each Prize should not exceed $99.90 AUD;
13. The total prize pool value for this Campaign (based on the estimated value of each part of the prize) is $1,998.00 AUD.
Please note that further terms and conditions (clauses 15 to 47 inclusively) apply to this Campaign and must be read and understood prior to entering this Campaign.
General Conditions
14. These General Conditions apply to the entire Campaign. Headings are for reference purposes only.
15. Interpretation:
a. Any reference to an entrant includes a reference to an applicant, Eligible Applicant or participant and any reference to an entry includes an application (and vice versa).
b. Any reference to a winner includes a Prize winner.
Facebook acknowledgements
16. Participation in this Campaign is considered acceptance of the following:
a. a complete release of Facebook by any entrant;
b. an acknowledgement that this Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook; and
c. that the information provided by each entrant is provided to Vibe Village and the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
17. Participation and entry in this Campaign is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
Applications and entries
18. 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 1st cousin.
19. 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.
20. Incomplete, indecipherable or illegible entries will be deemed invalid.
21. 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.
22. 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.
23. 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 entrant.
Prizes and Goods
24. 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 in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.
25. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
26. 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 prize to the equal value and/or specification.
27. Should an entrant’s contact details change during the relevant Campaign Period, it is the entrant's responsibility to notify Vibe Village and the Promoter. A request to access or modify any information provided in an entry should be directed to Vibe Village or the Promoter.
28. 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.
29. 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.
30. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
Submission of Content or Material
31. When any entrant submits, produces or distributes any material for this Campaign including, but not limited to Reviews, Tips, 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.
32. 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.
33. The entrant warrants that the Content they submit is:
a. the original, independent creation of the entrant that has not previously been published in any form in any country in the world; and
b. free from any claims, including copyright or trademark claims by other parties.
The Promoter and Vibe Village shall not be liable in any way for such Content to the full extent permitted by law.
34. 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.
35. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.
36. 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
37. 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 or software 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.
38. 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).
39. Any cost associated with accessing the Vibe Village Website is the entrant’s responsibility and is dependent on the Internet service provider used.
Limitation of Liability
40. 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 or misuse 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
41. 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.
42. 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.
43. All entries into this Campaign will become the property of Vibe Village.
44. The Promoter’s privacy policy can be viewed at
http://www.cenovis.com.au/privacy-policy/ and Vibe Village’s privacy policy can be viewed at
http://www.vibevillage.com.au/other/Privacypolicy.aspxGeneral
45. 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.
46. This Agreement is to be interpreted in accordance with the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.The Promoter and Vibe Village shall not be liable in any way for such Content to the full extent permitted by law.
42. 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.
43. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.
44. 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
45. 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 or software 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.
46. 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).
47. Any cost associated with accessing the Vibe Village Website is the entrant’s responsibility and is dependent on the Internet service provider used.
Limitation of Liability
48. 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 or misuse 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
49. 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.
50. 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.
51. All entries into this Campaign will become the property of Vibe Village.
52. The Promoter’s privacy policy can be viewed at
http://www.cenovis.com.au/privacy-policy/ and Vibe Village’s privacy policy can be viewed at
http://www.vibevillage.com.au/other/Privacypolicy.aspx General
53. 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.
54. This Agreement is to be interpreted in accordance with the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.
This Game of Chance Campaign is authorised under NSW Permit No. LTPS/12/03697, ACT Permit No. TP 12/01756
Australian Competitions Club
