“DESIGN THE OFFICIAL SOCCEROOS MASCOT” PROMOTION TERMS AND CONDITIONS

TERMS AND CONDITIONS

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  2. Entry is only open to Australian residents who are available to travel on the dates determined by the Promoter, in its absolute discretion, which will be in May 2014. 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.

  3. Employees (and their immediate families) of the Promoter, participating Woolworths supermarkets 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.

  4. Promotion commences at 12:01am on 26/02/2014 and closes at 11:59pm AEDST on 31/03/2014 (“Promotional Period”).

  5. To be eligible to enter, individuals must undertake the following steps during the Promotional Period: (a) purchase any Cenovis product from any participating Woolworths supermarket in Australia during the Promotional Period; and (b) design their own original mascot for the Socceroos. Designs can be created digitally or by hand (i.e. drawing). Participating Woolworths supermarket means any Woolworths supermarket that displays point of sale material about this promotion.

  6. To enter, individuals must then undertake the following steps during the Promotional Period: (a) visit www.cenovis.com.au/designthemascot; (b) follow the prompts to the promotion entry page; (c) input the requested details including their contact details, the full purchase receipt and barcode numbers of the Cenovis product purchased; and (d) upload a copy of their design (designs created by hand must be scanned and uploaded). Uploaded files must be submitted in JPEG, GIF or PNG format and must not exceed 5MB file size and submit the fully completed entry form during the Promotional Period. It is a condition of entry that entrants agree to become a member of the Football Federation of Australia’s Football Family and acknowledge that Football Federation of Australia Limited (ABN 28 106 478 068) of Level 22, 1 Oxford Street, Darlinghurst, NSW 2010 (“FFA”) may add their personal information to their database, to be used in accordance with clause 33 below.

  7. 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.

  8. Incomplete or indecipherable entries will be deemed invalid.

  9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specified purchase requirement; (b) each entry must be substantially unique; (c) each entry must be submitted separately and in accordance with entry requirements; and (d) unrecognised barcode numbers will be deemed invalid.

  10. Entrants must retain a photocopy of their participating Woolworths supermarket purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the participating Woolworths supermarket of purchase and that the purchase was made during the Promotional Period but prior to entry.

  11. 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.

  12. This is a game of skill and chance plays no part in determining any winner. Each design submitted in an entry will be individually judged based on the following criteria: (a) creativity; (b) originality; (c) how well the design fits with the Socceroos; and (d) the artistic ability of the entrant for their respective age group.

  13. The winners will be notified by telephone and email. The Promoter’s decision is final and no correspondence will be entered into.

  14. The best valid entry, as determined by the judges, will win the “Major Prize” which consists of: (a) the opportunity to have their design used as a base for the final Socceroos mascot (the winner acknowledges that their design will be used as a base only and may be altered); and (b) a trip for two (2) adults and two (2) children (no age restriction) to the media launch of the new Socceroos mascot valued at up to AU$12,300 depending on date and point of departure. Major Prize includes: four (4) x return economy airfares from Major Prize winner’s nearest major Australian city to another major Australian city, as determined by the Promoter, in its absolute discretion (only provided if the Major Prize winner does not reside in same State of the media launch event); return private transfers between airport and accommodation (only provided if the Major Prize winner does not reside in same State of the media launch event) and between accommodation and media launch event; five (5) nights 4 star accommodation in two (2) twin share or double room accommodation, as determined by the Promoter in its absolute discretion; breakfast for four (4) people daily; and AU$5,000 spending money for the Major Prize winner.

    Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Major Prize must be taken on the dates determined by the Promoter, in its absolute discretion, which will be in May 2014. Prize is subject to booking and flight availability.

  15. The next best ten (10) valid entries, as determined by the judges, will each win a $1,000 Free-2-Travel voucher (each a “Minor Prize”). Minor Prizes can only be used towards travel services and are not redeemable for cash or cash services. Minor Prizes are valid until 30/04/2015. Any ancillary costs associated with redeeming the Minor Prize are not included. Any unused balance of the Minor Prize will not be awarded as cash. Redemption of the Minor Prize is subject to any terms and conditions of the issuer including those specified on the Minor Prize.

  16. As a condition of accepting the Major prize, a provisional Major Prize winner must send their original entry (i.e. design) to the Promoter within the time specified by the Promoter.

  17. The Major Prize winner is responsible for any amendment fees issued by airlines or supplier once booking is confirmed and ticketed. The Major Prize winner and their companions must obtain travel insurance for the total travel period of the Major Prize. The Major Prize winner and their companions will be responsible for obtaining their own travel insurance and all associated costs.

  18. During the entire duration of the Major Prize, a nominated parent/guardian must accompany any person under 18 years of age. The Major Prize winner and their companions must depart from and return to the same departure point and travel together.

  19. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. Major Prize is subject to the standard terms and conditions of individual prize and service providers. The Major Prize winner may be required to present their credit card at time of accommodation check in.

  20. If the Major Prize winner is under the age of 18 years, the Major Prize will be awarded to the Major Prize winner’s nominated parent or guardian.

  21. If for any reason a winner does not take a prize (or an element of a prize) by the time stipulated by the Promoter, then that prize (or that element of the prize) will be forfeited.

  22. If any prize (or part of any prize) is unavailable for reasons beyond the reasonable control of the Promoter, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.

  23. Total prize pool value is up to AU$22,300. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

  24. All entries submitted, which shall include Socceroos designs, comments, recordings, images, and any other material submitted as part of or in connection with an entry (“Content”) become the property of the FFA. As a condition of entering into this promotion, entrants agree to assign all of their rights, title and interest (including copyright) in and to their Content to the FFA and consent to the FFA using the entry and Content in any manner the FFA wishes (including using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting an entry and Conte nt or any adaptation of the entry or Content (or any part of any entry or Content or any such adaptation) anywhere in the world by way of all media, including, without limitation, posting their entry and

    Content (whether in original form or a modified or adapted by the FFA as permitted under this paragraph) on the FFA’s websites without payment to the entrant (of royalties, compensation or otherwise). Entries will not be returned to any entrant. Each entrant warrants to the FFA that each entry submitted is an original artistic work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the FFA against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

  25. Entrants agree that they are fully responsible for the Content they submit. The FFA shall not be liable in any way for such Content to the full extent permitted by law. The FFA 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 FFA 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 15, 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 FFA for any breach of the above terms.

  26. As a condition of accepting a prize, the winners must be available for interview/s and photo shoot/s on the dates and times required by the Promoter and the FFA. The Promoter and the FFA will endeavour to schedule photo shoot/s and interview/s on the date/s on which the winners are available. However, in the case of any disagreement as to the date(s)/time(s) required to attend a photo shoot or interview, the Promoter’s and/or the FFA’s decision will be final. Entrants consent to the Promoter and the FFA 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter and the FFA.

  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 the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

  28. Any cost associated with 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. 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 (including its respective officers, employees and agents) excludes 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.

  30. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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 claim 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) if the media launch of the new Socceroos mascot event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of and/or participation in a prize.

  31. As a condition of accepting a prize, each winner (and their companions in the case of the Major Prize) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event that a prize winner or a travel companion of the Major Prize winner is under the age of 18, a parent or legal guardian of the prize winner/travel companion must sign all legal documentation required under this clause on their behalf.

  32. 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. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at www.cenovis.com.au/privacy-policy. Entry is conditional on providing this information. In addition to any use that may be outlined in the Promoter’s Privacy Policy, 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. By entering this promotion, entrants acknowledge and agree that the Promoter will disclose their personal information to Football Federation Australia Limited (ABN 28 106 478 068) of Level 22, 1 Oxford Street, Darlinghurst, NSW 2010 (“FFA”) for use by FFA in accordance with clause 33. Entrants should direct any request to opt out of communications from the Promoter or to access, update or correct information held by the Promoter to privacyofficer.australia@sanofi.com. Any complaints regarding the treatment of personal information should also be directed to the Promoter at privacyofficer.australia@sanofi.com and will be dealt with by the Promoter in accordance with its Privacy Policy. All personal information collected becomes the property of the Promoter and FFA. The Promoter will not disclose any personal information overseas.

  33. As a condition of entering this promotion, entrants agree to become a member of FFA’s Football Family and acknowledge that FFA may, for an indefinite period, unless otherwise advised, use the personal information collected and disclosed to FFA by the Promoter for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. FFA will also use and handle personal information as set out in its Privacy Policy, which can be viewed at www.footballaustralia.com.au/privacy. If entrants do not want to receive information from FFA, they can direct any request to opt out of communications from FFA or to access, update or correct personal information held by FFA to privacy@footballaustralia.com.au. Any complaints regarding the treatment of personal information by FFA should also be directed to FFA (contact details outlined in clause 32) and will be dealt with in accordance with FFA’s Privacy Policy. The FFA will not disclose any personal information overseas .

  34. The Promoter is Sanofi-aventis Healthcare Pty Ltd (ABN 43 076 651 959) of Talavera Corporate Centre, Building D, 12/24 Talavera Road, Macquarie Park, NSW 2113. Telephone: 02 8666 2000.