Terms and Conditions for the Quit Victoria Body Worlds Vital 2018 Competition
1. The Promotion is run by Cancer Council Victoria (ABN 61 426 486 715) of 615 St Kilda Road, Melbourne VIC 3004 (‘Promoter’).
2. The Quit Victoria BODY WORLDS Vital 2018 Competition (‘Promotion’) is a promotion that seeks to raise awareness of Quit Victoria’s key campaign messages and the link between smoking and chronic diseases including some cancers.
3. Information on how to enter and the details of all prizes form part of these Terms and Conditions. Entry in this promotion is deemed acceptance of these Terms and Conditions and a representation that an entrant meets the entry requirements.
4. Entry is only open to Victorian residents aged 18 years or older and via Quit Victoria’s Facebook page only.
5. By entering and participating, entrant agrees to release, hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Competition, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)
6. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
7. Employees (and their immediate families) of the Promoter and agencies associated with this promotion, including BODY WORLDS Vital, 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 first cousin.
9. 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). In addition, the Promoter reserves the right to request the winner to provide proof of identity, age and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
10. The Promoter reserves the right, absolutely, to disqualify any entrant who submits an entry that the Promoter considers is not in accordance with these Terms and Conditions, including where an entry is inconsistent with Quit Victoria messages as set out on the Cancer Council Victoria website.
11. The Promotion commences on 4/11/2018 and final entries close midnight on 8/11/2018. All times stated in these Terms and Conditions are based on Melbourne time.
a) To enter, individuals must tell us in 25 words or fewer what the most surprising thing you have gained since quitting smoking on the Quit Victoria Facebook page.
b) Like the Quit Victoria Facebook page.
12. The Promotion timeline and the relevant start and close times for judging are outlined in the table below. The winners will be announced via the Quit Victoria Facebook page on the date outlined below.
13. Winners will be notified via the Quit Victoria Facebook page within one day of the judging date, specified above.
14. Incomplete or indecipherable entries will be deemed invalid.
15. One entry is permitted per entrant, in accordance with entry requirements.
16. This is a game of skill, and entries will be judged by the Promoter’s competition panel. Chance plays no part in determining the winners, and all entries that are not otherwise excluded from consideration under these terms will be judged.
17. Entries will be judged by the judging panel according to the following criteria:
b. Creative merit
c. Effective promotion of one or more of Quit Victoria’s key messages, or a description of behaviours promoted by Quit Victoria.
18. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
19. The Promoter’s decision is final and no correspondence will be entered into.
20. If for any reason a winner does not contact Quit Victoria to claim their prize by 10th November 2018, then the prize will be allocated to the next best entrant as assessed by the judging panel.
21. If any prize (or part of any prize) is unavailable for any reason, the Promoter, in its absolute discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. On-selling of prizes is not permitted.
23. When an entrant submits any materials via the Promotion including comments, photos and images (“Content”), intellectual property subsisting in the Content vests in the Promoter and the entrant agrees to assign all intellectual property to the Promoter. The Promoter may 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.
24. Entrants warrant and agree that:
a) they will not submit any Content that is unlawful or fraudulent, or that breaches any intellectual property, privacy, publicity or other rights of any person, or is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin, sexual orientation, disability or gender, or is not suitable for children aged under 15, or is otherwise unsuitable for publication;
b) 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;
c) their Content shall not contain viruses or cause injury or harm to any person or entity; and
d) 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 in Australia.
e) Entrants may be disqualified where the Promoter reasonably believes that they have entered into any unlawful or improper conduct.
25. The Promoter may remove any Content without notice for any reason whatsoever, including where content is objectionable in the ways described in sub para 24(a) above.
26. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner/s (including photograph, film and/or recording of the same) in any media for a period of three months from 10 November 2018, without remuneration, for the purpose of promoting this promotion (including any outcome) and promoting the purpose and programs of Quit Victoria.
27. 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 modify, suspend, terminate or cancel the promotion. Notice of cancellation will be communicated via the Quit Victoria Facebook channel.
28. Any cost associated with entering the promotion, accessing the promotional 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.
29. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter in respect of any loss incurred as a result of the entrant’s breach of any of the above terms.
30. To the extent permitted by law, the Promoter is not responsible or liable for loss to any person that arises out of:
a) purported entries that are not received for any reason whatsoever
b) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any Website
c) unauthorised human intervention in any part of the competition
d) any damage to persons or property, including to the participant's or any other person's computer related to, or resulting from, participation or downloading any materials in this competition.
e) Injury or loss sustained to any persons or property in the course of participating in any activity won as a prize.
31. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
32. These terms and conditions are governed by the laws of Victoria and entrants submit to the exclusive jurisdiction of the courts of Victoria.