Raid Rescue Campaign: Instant Win

Terms and Conditions

 

1.            Information on how to apply for the Raid Rescue Campaign: Instant Win ("Instant Win Campaign") forms part of these Terms and Conditions. Applications not completed in accordance with these Terms and Conditions will be rejected.  Participation in this Instant Win Campaign is also subject to the Terms and Conditions of the Vibe Village Website.

2.            Participation in this Instant Win Campaign is deemed acceptance of these Terms and Conditions and the Vibe Village Terms and Conditions.  

3.            The Promoter is S.C. Johnson & Son Pty Ltd (ABN 71 000 021 009) of 160 Epping Road, Lane Cove, NSW 2066 ("Promoter"). The Instant Win 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 Instant Win Campaign:

a.    'Facebook Member' means a person who has registered, been accepted as and continues to be a member of Facebook ( www.facebook.com) and has agreed to the terms and conditions of that membership;

b.      'Raid Rescue Facebook Application' means the third party application available to Facebook Members to accept at http://apps.facebook.com/raidrescue

c.    'Vibe Village Terms and Conditions' means the terms and conditions which relate to the use of any website or participation in any promotion owned, operated or co-ordinated by Vibe Village; and

d.    'Vibe Village Website' means the Vibe Village website:  www.vibevillage.com.au.

Dates

5.            This Instant Win Campaign commences at 21:00pm (AEST) on 22 September 2011 and closes at 11:59pm (AEDT) on 16 October 2011 ("Instant Win Campaign Period").

Entry

6.            Subject to clause 23, participation in this Instant Win Campaign is only open to those persons who:

a.    are Australian residents;

b.    are aged 18 years of age or over;

c.    are Facebook Members;

d.    have accepted the Raid Rescue Facebook Application; and

e.    otherwise fulfil the application requirements set out in these Terms and Conditions.

("Eligible Entrants").

Game of Chance

7.            This Instant Win Campaign involves an element of chance.

8.            Eligible Entrants are required to:

a.    open the Raid Rescue Facebook Application;

b.    read, acknowledge and agree to these Terms and Conditions;

c.    confirm that they are an Australian resident for tax purposes;

d.    click on the 'Instant Win' (or similar) button; and

e.    submit their full name, postal address, email address and contact phone number when requested,

during the Instant Win Campaign Period.

9.            Limit of one (1) entry per person, all subsequent entries will be removed.

Instant winners

10.         All entries into this Instant Win Campaign that are completed correctly will be eligible to win an instant prize.

11.         The instant prize is one (1) Raid Automatic Advanced 185g Primary Pack, RRP $29.99 AUD.

12.         Five hundred (500) instant winner prizes will be available over the Instant Win Campaign Period to random valid entrants. It is intended that twenty (20) prizes will be awarded per day. In the event that not all of the prizes are won in a given day, the prizes will roll over to the following day. Participants will be notified immediately if they are an instant winner.

13.         To claim their prize, instant winners will be issued (at the same time as they are notified if they are an instant winner) with a six (6) digit number determined by Vibe Village for prize verification purposes ("Prize Claim Number"). The unique Prize Claim Number will need to be recorded by the entrant for prize verification purposes.

14.         Prize winners will need to complete and submit their full name, postal address, email address and contact phone number in order to claim their prize. In the event of any dispute with the Promoter or Vibe Village, or at the request of the Promoter or Vibe Village, instant winners will also be required to correctly quote their unique Prize Claim Number to be awarded their prize.

15.         The Promoter reserves the right to withhold the awarding of an instant prize to a participant who cannot provide a valid, unique Prize Claim Number.  Any unclaimed or unverified prizes will be forfeited by the winner.

16.         The total prize pool value for this Instant Win Campaign is $14,995.00 AUD.

Unclaimed prizes

17.         If any prizes remain unclaimed at the end of the Instant Win Campaign Period, an unclaimed prize draw will take place at the office of Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121, on 16 November 2011 at 12:00pm (AEDT).

18.         Participants that were not awarded a prize will go into this unclaimed prize draw if they have submitted their full name, postal address, email address and contact phone number at the end of entering the Instant Win Campaign (that is at the conclusion of their initial attempt to win the Instant Win draw as per clause 8 above).

19.         Winners of the unclaimed prize draw will be notified by email within 14 days of the unclaimed prize draw taking place.

General Conditions

20.         These General Conditions apply to the entire Instant Win Campaign.  Headings are for reference purposes only.

Facebook acknowledgements

21.         Participation in this Instant Win Campaign is considered acceptance of the following:

a.    a complete release of Facebook by any entrant or participant;

b.    an acknowledgement that this Instant Win 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.

22.         Participation and entry in this Instant Win Campaign is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.

Applications, entries and Entrants

23.         Employees (and their immediate families) of the Promoter, Vibe Village and agencies associated with this Instant Win 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.

24.         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.

25.         Incomplete, indecipherable or illegible entries will be deemed invalid.

26.         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.

27.         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.

28.         Any costs associated with becoming eligible to apply, applying or participating in this Instant Win Campaign such as internet access, download costs, will be at the cost of the applicant.

Products

29.         The Promoter's and Vibe Village's decision in relation to any aspect of this Instant Win Campaign, including the selection of any winner and the criteria applied by the Promoter and/or Vibe Village in determining Influencers and/or the winners, is final and binding on every person who enters. No correspondence will be entered into.

30.         Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash. 

31.         If any product, or prize (or part thereof) is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a product or prize to the equal value and/or specification.

32.         Delivery details of all prizes will be specified by email.

33.         Should an entrant's contact details change during the Instant Win 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.

34.         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.

35.         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.

36.         All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.

Submission of Content or Material

37.         When any entrant submits, produces or distributes any material for this Instant Win Campaign including, but not limited to messages 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.

38.         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.

39.         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.

40.         Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Vibe Village for any breach of the above terms.

41.         Entrants acknowledge that entries, including Content will be posted on to the Raid Facebook Wall and on their individual Facebook profile via the relevant Facebook Application (if any).

Variations to the Instant Win Campaign

42.         The Promoter and Vibe Village may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Instant Win Campaign, as appropriate, if:

a.    for any reason, this Instant Win Campaign 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 the Promoter or Vibe Village which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Instant Win 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.

43.         Where the Promoter or Vibe Village does modify, suspend, cancel or in any way amend the Instant Win 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).

Limitation of Liability

44.         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 Instant Win 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 Instant Win Campaign or use or misuse of a Product or 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

45.         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 Instant Win Campaign (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

46.         Vibe Village collects personal information in order to conduct this Instant Win 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.

47.         All entries into this Instant Win Campaign become the property of the Promoter.

48.         The Promoter's privacy policy can be viewed at http://www.scjohnson.com.au/privacy_policy.html and Vibe Village's privacy policy can be viewed at www.vibevillage.com.au.

General

49.         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.

50.         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 Instant Win Campaign is authorised under NSW Permit No. LTPS/11/08338, VIC Permit No. 11/1969, ACT Permit No. TP 11/03645.1, SA Permit No. T11/1936