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‘Monster High Class of 2012’ Campaign

Terms and Conditions – these have been updated as at 23/04/12

 

1. Information on how to apply for the “Monster High Class of 2012 Campaign (together, 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 and the Vibe Village Terms and Conditions.

3. The promoter is Mattel Pty Ltd, (ABN 60 000 660 962) of 658 Church Street, Richmond, VIC, 3121 (“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. ‘Campaign Dashboard’ means the program dashboard on the Vibe Village Website where Vibe Village Members record their Campaign activities;

b. ‘Eligible Applicant’ means a person that is eligible to enter this Campaign;

c. ‘Facebook Application’ means the Campaign application available for acceptance and download at www.freakyfabulo.us/MHclass;

d. ‘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;

e. ‘Get-together’ means a get-together or social gathering with family, friends or colleagues which is to be organised pursuant to the Campaign in accordance with these Terms and Conditions;

f. ‘Get-together Date’ is the date that the Eligible Applicant proposes to hold the Get-together which must be no later than Thursday 17th May 2012;

g. ‘Get-together Group’ means the Host and guests that were confirmed as attending on the Dashboard and attended the Get-together organised and held as part of the Campaign;

h. ‘Host’ means a person that was an Eligible Applicant under the Campaign, applied to enter, did enter, was selected as a Pre-Approved Host and then determined a winner of the Campaign;

i. Monster High Facebook Page’ means the Facebook page available at www.facebook.com/monsterhigh

j. ‘Pre-Approved Host’ means a person that was an Eligible Applicant and whose application to enter this Campaign has been accepted making them eligible to qualify as a Host (subject to completion of requirements in clause 9).

k. ‘Vibe Village Member’ means a person that has:

i. agreed to the Vibe Village Terms and Conditions relating to membership of;

ii. registered their details on the Vibe Village Website to become; and

iii. has been accepted by Vibe Village as;

a Vibe Village member;

l. ‘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

m. ‘Vibe Village Website’ means the Vibe Village website: www.vibevillage.com.au.

Hosts

Dates

1. The Campaign commences at 15:01pm (AEST) on 5th April 2012 and closes at a time which is the earlier of:

a. 450 Hosts being selected in accordance with clause 12; or

b. 9:59am (AEST) on 7th May 2012

(“Campaign Period”).

Eligibility

2. Subject to clause 30, 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 registered online to be a Vibe Village Member;

e. are the parent or guardian of a female child aged between 6 -13 years; and

f. otherwise fulfil the application requirements set out in these terms and conditions,

(“Eligible Applicants”).

Applications - Pre-Approved Host

3. To apply to be a winner and therefore a Host, Eligible Applicants must first be selected as a Pre-Approved Host.

4. To apply to be a Pre-Approved Host , Eligible Applicants must:

a. login as a Vibe Village Member on the Vibe Village Website;

b. accept the Facebook Application;

c. ‘Like’ the Monster High Facebook Page;

d. follow the prompts to the Campaign survey;

e. read and agree to these Terms and Conditions; and

f. complete and submit the Campaign survey,

5. during the Campaign Period.

Judging – Pre-Approved Hosts

6. Vibe Village will judge all valid applications made in accordance with clause 4 as they are received during the Campaign Period taking into account:

a. their compliance with the entry requirements;

b. their Campaign survey responses; and

c. any other matter which Vibe Village or the Promoter considers relevant to be deemed winners and become a Pre-Approved Host.

7. Pre-Approved Hosts will be notified of their selection within twenty one (21) days after completing the requirements set out in clause 4.

8. Pre-Approved Hosts will be granted access to a Campaign Dashboard in order to complete their application to become a Host.

Applications - Hosts

9. To become a Host, Pre-Approved Hosts must be one of the first 450 Pre-Approved Hosts to confirm via the use of their designated Campaign Dashboard:

a. details for the Get-together which they will hold on behalf of their daughter or female child in their legal custody which will include details such as the time, Get-together Date and location of the Get-together which they will host; and

b. the attendance of at least two (2) female guests also aged between 6 and 13 (that do not reside at the same address as the Host) at the Get-together (subject to the express consent of any parent or guardian of a guest aged under 18 years).

10. There is a limit of one application per Eligible Applicant and Pre-Approved Host during the entire Campaign.

11. Neither Vibe Village or the Promoter will be held responsible for any applications that are received after the maximum number of Hosts have been awarded and therefore after the Campaign Period ends.

Determination of Hosts

12. The first four hundred and fifty (450) Pre-Approved Hosts who satisfy the requirements of Clause 9 throughout the Campaign Period will qualify as Hosts.

13. This is a game of skill and chance plays no part in the selection of Pre-Approved Hosts or Hosts.

14. Eligible Applicants who are selected as a Host will be notified by email no later than twenty one (21) days after satisfying the requirements of Clause 9.

15. Eligible Applicants who are not selected as a Host will be notified by email no later than twenty one (21) days after the 450 Hosts have been determined.

16. Once 450 Hosts have been selected by Vibe Village, entries into this Campaign will close and the Campaign Period will come to an end.

Prizes – Get-together packs

17. As their prize, each Host will receive prior to their Get-together Date, by ordinary mail at their nominated address, one (1) Get-together Pack which will include:

a. One (1) x Vibe Village pack letter;

b. One (1) x Monster High Doll for their child being one of the following dolls (selected and distributed at random);

(i) Monster High Core Doll, or

(ii) Monster High Skull Shores Doll, or

(iii) Monster High assorted classroom doll, or

(iv) Monster High Dead Tired Assorted doll.

c. One (1) x Showbag of assorted items;

d. Five (5) x Class of 2012 wristbands;

e. Selection of Ollie’s Lollies including:

(i) one (1) x black cats 200gsm;

(ii) one (1) x snakes 200gsm; and

(iii) one (1) x click clacks 150gsm

f. 30 x A6 pass on cards; and

g. An assortment of Spider Webs, Monster High balloons and Monster High temporary tattoos.

18. Please note there is a limit of one Get-together Pack per household and any multiple winners from the same address will share one Get-together Pack.

19. Due to the four (4) different doll types making up the Get-together Pack(s) the total value of each Get-together Pack will vary. Some components are also not available for retail or individual sale and therefore values can only be estimated. The estimated value of each Get-together Pack is as follows:

a. Get-together Packs enclosing a Monster High Core Doll: $102.04 AUD;

b. Get-together Packs enclosing a Monster High Skull Shores Doll: $92.04 AUD;

c. Get-together Packs enclosing a Monster High assorted classroom doll: $108.04 AUD; and

d. Get-together Packs enclosing a Monster High Dead Tired Assorted doll: $92.04 AUD.

20. The total prize pool for this Campaign (based on the estimated value of each component of the Prize) is up to $45,268.00 AUD.

21. Any costs associated with holding a Get-together, including but not limited to any costs associated with entertainment, venue hire, food, drinks or other consumables, will be the responsibility of the Host and will not be paid for, contributed to or reimbursed by the Promoter or Vibe Village.

22. Notwithstanding any other condition of this Campaign, the Host agrees and acknowledges that neither Vibe Village or the Promoter will be held liable for any costs, damages or claims made or caused either directly or indirectly by any delay in receiving the Get-together Pack which may result in the Get-together being postponed, cancelled or varied.

23. The Host further acknowledges that the Get-together Pack (or part thereof) may contain products or ingredients which may cause allergic reactions and the Host will be responsible for making the consumers of the Get-together Pack (or part thereof) aware of this potential risk.

24. The Host is responsible for ensuring that it has the consent of any parent or guardian of the guests and visitors that form part of the Get-together Group and whom are under the age of 18 years to attend and participate in the Get-together and use or sample the items in the Get-together Pack. The Host will further assume responsibility for those minors whilst they are at the Get-together Group and will release and forever discharge the Promoter and Vibe Village from any liability with respect to those minors.

Get-together

25. Hosts will be expected and are encouraged to (after receiving their Get-together Pack) organise and hold the Get-Together on the Get-together Date for the purpose of sampling the contents of the Get-together Pack with the members of the Get-together Group and distributing pass on cards.

Please note that further terms and conditions (clauses 26 to 60 inclusively) apply to this Campaign and must be read and understood prior to entering the Campaign Part One.

General Conditions

26. These General Conditions apply to the entire Campaign. Headings are for reference purposes only.

27. 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 and a Host (as appropriate).

Facebook acknowledgements

28. 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.

29. 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

30. 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.

31. 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.

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

33. 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.

34. 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.

35. 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.

Products

36. 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 Hosts and/or the winners, is final and binding on every person who enters. No correspondence will be entered into.

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

38. 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.

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

40. 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.

41. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, and subject to any applicable statutory consumer guarantees as provided under the Competition and Consumer Act 2010, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.

42. 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.

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

Submission of Content or Material

44. When any entrant submits, produces or distributes any material for this Campaign including, but not limited to Reviews, 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.

45. 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.

46. 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.

47. 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 make any person that appears in their Content aware that clause 56 of these Terms and Conditions will apply to the collection of their personal information and direct them to the Privacy Policies identified in clause 58 of these Terms and Conditions for more details on how the Promoter and Vibe Village will handle their information;

d. 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;

e. their Content shall not contain viruses or cause injury or harm to any person or entity;

f. 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

g. 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.

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

49. Entrants acknowledge that entries, including Comments will be posted on to the Vibe Village Website and be available for public viewing.

Variations to the Campaign

50. The Promoter and Vibe Village may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel, recommence or extend 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.

51. 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).

52. The Promoter may and Vibe Village may, in their absolute discretion alter any date of any part of this Campaign.

53. 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

54. 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

55. 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.

56. Vibe Village and the Promoter collect personal information in order to conduct this Campaign and may, for this purpose, disclose such information to third parties, including but not limited to each other, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and/or Vibe Village will not, unless consent is obtained including parental consent for those under the age of 18, use the information you provide for promotional, marketing, publicity and profiling purposes, including sending electronic messages or telephoning the entrant. Contact details of parents will be obtained as part of the application process for the purposes of confirming parental consent where applicable. Generally you have a right to obtain access to the personal information that Vibe Village or the Promoter hold about you. .

57. All entries into this Campaign will become the property of Vibe Village.

58. The Promoter’s privacy policy can be viewed at http://corporate.mattel.com/privacy-policy.aspx and Vibe Village’s privacy policy can be viewed at http://www.vibevillage.com.au/other/Privacypolicy.aspx

General

59. 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.

60. 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.