Baby Search Terms & Conditions

TERMS & CONDITIONS

  • 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 Conditions of Entry is a condition of entry to this competition.
  • 2. Entry to this competition commences at 12pm (midday) AEDT on Tuesday 18/02/14 and closes at 4pm AEDT on Monday 03/03/14 (Entry Period).
  • 3. Entry to this competition is open to Australian residents with a human child or grandchild (who is also an Australia resident) aged from newborn to 4 years (i.e. no older than 4 years and 364 days as at 01/04/14) that fit a Bonds garment size 4 or less (eligible child). Employees of the Promoter and the Promoter’s suppliers and agencies associated with this Promotion (and those employees’ immediate families) are ineligible.
  • 4. To enter the competition entrants must visit the Bonds Baby Search website (http://www.bonds.com.au/babysearch), register as an entrant, upload a photograph of their eligible child, fill in the entry form online and submit it to the Bonds Baby Search website.
  • 5. There will be five (5) categories of entry:
    • a. Babies aged from newborn to 9 months;
    • b. Babies aged from newborn to 9 months wearing a Bonds Zip Wondersuit or Classic Wondersuit garment;
    • c. Children aged above 9 months but less than 3 years;
    • d. Children aged above 9 months but less than 3 years wearing a Bonds Zip Wondersuit or Classic Wondersuit garment; and
    • e. Children aged 3 years to less than 5 years.
  • 6. Children depicted in an entry (each an Entered Child) do not need to be wearing Bonds branded apparel unless they are nominating for one of the two Wondersuit bub awards, in which case they must be wearing a Bonds Zip Wondersuit or Classic Wondersuit garment. Entrants will need to tick a box on the entry form to inform the Promoter if the Entered Child is wearing a Bonds Wondersuit garment.
  • 7. The Entered Child’s age is to be determined as at 1/04/14.
  • 8. An eligible child that has been a winner or shortlisted in a previous Bonds Baby Search competition:
    • a. is not eligible to be entered in the same age category for which they were shortlisted or a winner;
    • b. is eligible to be entered in an age category that is different from the category in which they were a winner or shortlisted.
  • 9. An eligible child that has previously been engaged by the promoter as a model is not eligible to be entered in the competition.
  • 10. Entrants may only enter a photograph of their own child or grandchild and must be or have the approval of each of the Entered Child’s parents and/or legal guardians. Entrants must own the copyright of the photograph uploaded or otherwise be entitled to use the photograph in this way. An eligible child may only be entered once for the competition and only in a single category and any Entered Child depicted in an entry must be decently presented and wearing at least a nappy or equivalent cover.
  • 11. Eligible children from the same multiple birth (eg eligible children who are twins, triplets etc.) may be entered either individually or as Multiple Birth Bubs in any of the five (5) entry categories (but not both individually and as part of a Multiple Birth Bubs entry). To enter as Multiple Birth Bubs, all children must be depicted in a single photograph and all must meet any other criteria for the relevant category of entry (eg all wearing a Bonds Wondersuit). References to a baby, child, eligible child or Entered Child in these Conditions of Entry refer to each child in any Multiple Birth Bubs entry.
  • 12. Entrants warrant and agree that, without limitation:
    • a. they will not submit any material (including without limitation, the entry itself, images, answers to questions, posts or comments and whether on the Bonds Baby Search website or elsewhere in relation to this competition or any entrant or entry) (Content) that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication in the context of this competition;
    • b. they will only submit Content which they have personally created or have the right to submit;
    • c. their entry will not contain viruses or cause injury or harm to any person or entity;
    • d. they have the approval of all parents and/or legal guardians of the Entered Child (and any other children) depicted in the entry;
    • e. they will comply with these Conditions of Entry and 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;
    • f. they have the full authority to grant to the Promoter the rights referred to in these Conditions of Entry; and
    • g. they will indemnify the Promoter against all costs and claims by third parties arising from a breach of the warranties contained in these Conditions of Entry.
  • 13. Entrants agree:
    • a. they are fully responsible for the Content which they submit. The Promoter may, in its sole discretion, determine whether an entry will be posted, or remain posted on its websites. The Promoter reserves the right to vet or remove any Content at any time in its absolute discretion. However, The Promoter is not responsible for any Content uploaded to the site and visitors to the site view it at their own risk. Notwithstanding any decision by the Promoter to post Content on its website, the terms and warranties set out in these Conditions of Entry continue to apply;
    • b. to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the Promoter with respect to the entries they submit and their use of the Promotion Website, and agree to indemnify and hold the Promoter, its officers, agents and affiliates harmless to the fullest extent allowed by law regarding all matters related to their use of the site;
    • c. to report abuse, harassment, inappropriate content or privacy complaints by visiting customerservice@bonds.com.au. The Promoter reserves the right to remove any Content from the Promotion Website and invalidate any associated entry without prior notice in its sole discretion, including if properly notified that such material infringes on another's intellectual property rights.
  • 14. The Promoter reserves the right, at any time, to verify the validity of entries and entrants. Without limitation, entrants agree to provide a copy of the Entered Child’s birth certificate to the Promoter upon request. The Promoter has the right to invalidate any entry which it considers to be in breach of these Conditions of Entry. Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into.

Selecting the Shortlist and Winners

  • 1. A shortlist of Entered Children will be selected by the Promoter within the four weeks following the end of the Promotion Period. The shortlist will be announced on Thursday 27 March 2014 at the Bonds Baby Search website. Shortlisted entrants may be asked to supply additional images of the Entered Child and give permission to the Promoter to use their entry Content for the promotion of the Baby Search competition during the competition and in relation to the announcement and publicity of winners.
  • 2. From this shortlist, the Promoter will then select:
    • a. one winner in each entry category (totalling 5 winners) – each a Bonds Choice Award; and
    • b. one Multiple Birth Bubs winner in each entry category in which a Multiple Birth Bubs entry has been submitted (totalling up to 5 winners).
  • 3. 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, any additional images that have been provided at the Promoter’s request and the potential suitability of the Entered Child to represent the Promoter in future advertising and promotional campaigns.
  • 4. In addition, there will be a people’s choice winner for each entry category (totalling 5 winners). The people’s choice winner in each entry category will be the entry in the relevant category with the highest number of confirmed votes submitted online at http://www.bonds.com.au/babysearch from 12.01am AEDT on 04/03/14 to 12pm (midday) AEDT on 25/03/14 inclusive (Voting Period). Visitors to the site may vote for their favourite entries during the Voting Period. Visitors can vote a maximum of once per Entered Child but may vote on multiple entries. Entrants must not directly or indirectly seek votes by posting voting requests aimed at the general public on third party websites or benefit from such activities. For the avoidance of doubt, a request posted on an entrant’s personal Facebook page directed at their Facebook friends is not prohibited by this provision.
  • 5. The winners (including those chosen by the Promoter and the five people’s choice winners) will be announced on Wednesday 2 April 2014 at the Bonds Baby Search website. All winners will be notified individually by email using details provided in the entry form. The winners may also be announced in other media, for example, in a television program and entrants consent, in the event that they are a winner, to participate with their Entered Child, in such reasonable announcements as requested by the Promoter.

Winners' Prizes

  • 1. The winners will each receive the following:
    • a. the chance for their Entered Child to feature in and be part of the Bonds 2014 Baby advertising campaign to be created in April 2014 in Melbourne or Sydney (Shoot Location);
    • b. a Bonds gift card allowing the winner to purchase goods having a recommended retail value of AU $300.00 either on line at bonds.com.au or in a Bonds retail store. Gift cards are not redeemable in Bonds Outlet Stores, independent retailers or for goods purchased online for delivery outside of Australia. Gift cards must be used before the expiry date on the gift card which will be twelve months from the date of issue. Redemption of gift cards is subject to the terms and conditions of the issuer, including those specified on the gift card. Any costs in excess of the value of the gift card (including GST) and all ancillary costs associated with redeeming the gift card are the responsibility of the winner. In the event that the cost of the products booked by the winner is less than the value of the gift card, the balance of the value of the gift card will not be awarded as cash and the balance of the prize will be forfeited (subject to any issuer terms and conditions to the contrary). The Promoter shall not be liable for any gift card that has been lost, stolen, forged, damaged or tampered with in any way;
    • c. return economy flights from their nearest capital city to the Shoot Location, and one night’s accommodation for the Entered Child and their parent or legal guardian (only for winners that do not live in the state in which the Shoot Location is located) in order for the Entered Child to participate in the Promoter’s 2014 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 Entered Child and their parent or legal guardian for the period of time that they are in the Shoot Location 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;
    • d. an invitation for the Entered Child to participate in the Promoter’s 2014 Baby Search photo shoot to be held in the Shoot Location on a date to be nominated by the Promoter in April 2014 with a photographer chosen by the Promoter
    • e. a framed photograph (8x10cm) of the Entered Child. Further prints may be purchased from the photographer at the photographer’s standard rates.
  • 2. prizes will be awarded to the winning entrants, being the Entered Child’s 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.
  • 3. If for any reason, a winner and/or their Entered Child is not able to travel and/or participate in the Promoter’s 2014 Baby Search photo shoot on the date scheduled by the Promoter, the Promoter may at its discretion:
    • a. disqualify the winner and their Entered Child (who will then forfeit all their prizes); and/or
    • b. use only the Entered Children of other winners in its 2014 Baby Search photo shoot, and/or
    • c. select one of the other short-listed entrants as an additional winner.
  • 4. 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.
  • 5. All entrants consent to the use of their name and the name and photographs of their Entered Child by the Promoter for the purposes of promoting, publicising or marketing this competition including any outcome of this competition in any media including at the Bonds Baby Search website and Bonds Bumps and Baby Facebook page. The Promoter shall ensure that any such promotion, publicity or marketing is reasonable and reputable. The opportunity to participate in the competition and the chance to win a prize constitutes the entire consideration payable by the Promoter in respect of such use.
  • 6. Entrants consent, in the event they are a winner, to Bonds using any photographs or video footage taken at the Promoter’s 2014 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.
  • 7. The prizes constitute the entire consideration payable by the Promoter in respect of the winners’ and their Entered Child’s participation in the Promoter’s 2014 Baby Search photographic shoot and any use (in perpetuity) of photographs entered or images (whether photographic or video) produced, including in subsequent marketing, advertising or promotional materials or campaigns. Without limitation, the winners and each Entered Child of a winner 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 or images by the Promoter. The Promoter shall have sole discretion in relation to the use or non-use of each Entered Child of a winner and the selection of images for its marketing, advertising and promotional campaigns. The Promoter also has the unlimited, perpetual right to use such images for internal non-commercial purposes.
  • 8. 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.
  • 9. 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 any relevant authority in each State and Territory, to cancel, terminate, modify or suspend the Promotion.
  • 10. 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.
  • 11. 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.
  • 12. The Promoter and associated agencies and companies (and their officers, employees and agents) 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).
  • 13. 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.
  • 14. 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 competition 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, conducting the photographic shoot, to communicate with Entrants and where relevant, 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 Promoter’s Privacy Officer at GPO Box 2370 Hawthorn LPO Hawthorn Victoria 3122 or at privacyofficer@pacbrands.com.au.
  • 15. 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.
  • 16. The Promoter is Bonds, a business of Pacific Brands Clothing Pty Ltd of Level 1, 115 Cotham Road Kew,Victoria 3101. ABN 40 098 742 655.