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BONDS INDUSTRIES PTY LTD – BABY SEARCH 2009 COMPETITION

CONDITIONS OF ENTRY

1. Information on how to enter and prizes form part of these Conditions of Entry. Registration for and/or participation in this competition is deemed acceptance of these Conditions of Entry.Acceptance of these Terms and conditions are a condition of entry.
2. Entry to this competition commences at 9am AEST on 1/10/09 and closes at 12pm AEST on 15/10/09 (Promotion Period).
3. Entry to this competition is open to members of the Bonds Bumps and Baby Club who are Australian residents with a child or grandchild aged from newborn to 2 years. Employees of the Promoter and the Promoter’s suppliers and agencies associated with this Promotion (and those employees’ immediate families) are ineligible. To become a member of the Bonds Bumps and Baby Club, individuals can register as a member at the Bonds Bumps and Baby club web site (www.bonds.com.au/bumpsandbaby).
4. Entrants must enter the competition via the Bonds Bumps and Baby club web site (www.bonds.com.au/bumpsandbaby) by uploading a photo of their child or grandchild aged from newborn to 2 years, filling in the entry form online and submitting it to the Bumps and Baby website during the Promotion Period. Entrants may only enter a photograph of their own child or grandchild and must be or have the approval of the child’s parent or legal guardian. You must own the copyright of the photograph you have uploaded. Entrants may only enter each baby once for the competition and all babies must be decently dressed and presented. Bonds reserves the right to vet all entry images prior to them going live on the web site and reserves the right to remove any entries at any time in their absolute discretion.
5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants. Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into. A short list of entrants will be selected by the Promoter. From this short list, the Promoter will then select one major competition winner (a “winning baby”). This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged by representatives of the Promoter based on the photograph included with the entry and the suitability of the pictured child to represent the Promoter in future advertising and promotional campaigns. In addition, there will be a people’s choice winner. The people’s choice winner will be awarded to the entry with the highest number of votes submitted online at the close of the promotion period. Members of the Bumps and Baby club may vote for their favourite entries during the course of the promotion period. Members can vote a maximum of once per baby. In addition to the winner baby and people’s choice winner, 5 supplementary winners will be chosen throughout the promotional period for specific traits, at the discretion of the Bonds panel, for example: most humorous, best character, best character outfit, cutest expression etc and they will be promoted on the BONDS Facebook page ‘BONDS bumps and baby’.
6. The main competition winner will win the following prizes:
- • The chance for the winning baby to feature and be part of Autumn Winter 2010 Bonds Campaign;
- • a Bonds Baby Product pack having a retail value of AU $250.00;
- • return economy flights from their nearest capital city to Sydney, and one night’s accommodation for the winning baby and their parent or legal guardian (only for winners that do not live in Sydney) in order to participate in the Promoter’s 2009 Baby Search photo shoot. Flights and accommodation will be organized by the Promoter with an airline and hotel of the Promoter’s choice. Meals and necessary transfers will be provided for the winning baby and their parent or legal guardian for the period of time that they are in Sydney for the purposes of the Promoter’s photographic shoot. Travel insurance and transfers from the winner’s point of residence to their point of departure are not included, and any additional costs incurred are the responsibility of the winner;
- • a professional photo shoot to be held in Sydney on a date to be nominated by the Promoter between 1st and 15th November, 2009 with a photographer chosen by the Promoter. The Winner will receive a framed photograph (8x10 cm) of the winning baby. Further prints may be purchased from the photographer at the photographer’s standard rates.
7. The people’s choice winner will win a Bonds Baby pack valued at AU $250.00. The winner may be asked by the promoter at its sole discretion to attend the photo shoot and have the chance to feature and be part of the Autumn Winter 2010 Bonds Campaign.
8. The supplementary winners will win a baby product pack valued at AU $100. The winner may be asked by the promoter at its sole discretion to attend the photo shoot and have the chance to feature and be part of the Autumn Winter 2010 Bonds Campaign.
9. The total prize pool is up to $4, 910 as at 1st October, 2009.
10. Prizes will be awarded to the winning babies’ parent or legal guardian. Prizes are not transferable or exchangeable and cannot be taken as cash. All aspects of the prize must be taken together as a package. The air carrier’s standard terms and conditions of carriage apply and reward points cannot be earned on prize flights.
11. The winners will be announced on 1st November 2009 at the Bonds Bumps and Baby Club website and will be notified individually by telephone and email using details provided in the entry form. Except for the supplementary winners, who will be announced on the Facebook BONDS bumps and baby page throughout the promotional period.
12. If for any reason, a winning baby is not able to travel and/or participate in the Promoter’s 2009 Baby Search photo shoot on the date scheduled by the Promoter, the Promoter may at its discretion:
- i. disqualify the winner (who will then forfeit all their prizes); and/or
- ii. use only the other competition winners in its 2009 Baby Search photo shoot, and/or
- iii. select one of the other short-listed entrants and baby as an additional winner.
13. Entrants consent to the use of their name and photographs of their child or grandchild at the Bonds Bumps and Baby club web site in the event they are shortlisted or a winner for the purpose of promoting, publicising or marketing this competition including any outcome. If requested by the Promoter, winners will sign a legal disclaimer on reasonable terms determined by the Promoter as a condition of taking any prize.
14. Entrants consent in the event they are a winner, for Bonds to the use the entry photographs and any other photographs taken at the Promoter’s 2009 Baby Search photographic shoot for the purposes of any advertising and promotion of the Promoter and its products. Such advertising and promotion may include, without limitation, use of photographs on product packaging, point of sale materials, catalogues, magazine and newspaper advertising, outdoor advertising, posters and internet advertising. All photographs and any related rights, including without limitation any intellectual property rights, become the property of the Promoter.
15. The prizes constitutes the entire consideration payable by the Promoter in respect of the winners’ and winning babies’ participation in the Promoter’s 2009 Baby Search photographic shoot and any use (in perpetuity) of photographs entered or produced, including in subsequent marketing, advertising or promotional materials or campaigns. Without limitation, the winners and winning babies will not be entitled to any additional modeling fees, talent fees or other payment in respect of the photographic shoot or the use of their photographs by the Promoter. The Promoter shall have sole discretion in relation to the use of the winning babies and the selection of photographs for its marketing, advertising and promotional campaigns. The Promoter also has the unlimited, perpetual right to use such photographs for internal non commercial purposes.
16. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. All taxes (excluding GST) which may be payable as a consequence of receiving the prize(s) are the sole responsibility of the winners.
17. If for any reason this Promotion is not capable of running as planned, including but not limited to tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserve the right in its sole discretion, subject to any written directions given by the gaming authorities in each State and Territory, to cancel, terminate, modify or suspend the Promotion.
18. The Promoter may, in its sole discretion, disqualify any entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
19. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise.
20. The Promoter and associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
21. Any change in the value of the prizes occurring between the date of these terms and conditions and the date the prizes are claimed is not the responsibility of the Promoter.
22. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion and, in the case of the winners, in relation to the conduct of the Promoter’s photographic shoot and subsequent marketing campaigns. The Promoter may disclose Entrants’ personal information to contractors and agents to assist in conducting this Promotion, to communicate with Entrants and to State and Territory gaming authorities. Winners’ names will be published if required under the relevant lottery legislation. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can access their personal information by contacting the Promoters’ Privacy Officers at GPO Box 2370 Hawthorn LPO Hawthorn Victoria 3122 or at privacyofficer@pacbrands.com.au.
23. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
24. The Promoter is Bonds Industries Pty Ltd, a Pacific Brands Company of 190 Dunmore Street, Wentworthville, NSW 2145. ABN 21 000 022 426.