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Terms and Conditions

“BIC WORLD CHAMPENSHIPS” PROMOTION
TERMS AND CONDITIONS

  1. Information on how to participate and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter is BIC Australia Pty Ltd (ABN 88 004 304 830) of Level 4, 574 St Kilda Road, Melbourne, VIC 3004 (“Promoter”).
  3. Participation in this promotion is only open to Australian and New Zealand residents. Individuals must have a valid Facebook account to make a submission in this promotion; any person under the age of 13 years or any other minor who does not have a Facebook account, can have their parent or legal guardian submit their entry on their behalf via the parent/guardian’s Facebook account. Participants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the participant 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 participating in this this promotion. All warranties and agreements provided in these Terms and Conditions by a participant are also deemed to be provided by the parent or legal guardian of such a participant if the participant is a minor.
  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to participate. 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.
  5. Promotion commences at 12:01am AEST on 04.08.16 and ends at 11:59pm AEST on 02.11.16 (“Promotional Period”).
  6. At the start of the Promotional Period, the Promoter will publish twelve (12) different challenges/games (“Challenges”), that each involve use of the BIC 4 Colour Pen, on the promotional microsite at https://www.facebook.com/BIC4ColoursAUNZ/ (“Promotional Website”). Full instructions and details of each Challenge will be available at the Promotional Website, as well as selected materials needed for each Challenge for printing.
  7. To participate in the promotion, an individual must complete the following steps during the Promotional Period:
    1. Already have or purchase a BIC 4 Colour Pen(s) from any retailer in Australia or New Zealand that stocks the BIC 4 Colour Pens;
    2. Visit the Promotional Website to view Challenges and select which Challenge they wish to perform. There is no limit on how many Challenges an individual can complete or how many times they elect to complete any one (1) Challenge, however, each Challenge must be completed separately for the purposes of this promotion;
    3. Print the materials needed for their chosen Challenge (if any) or alternatively create/use their own materials as specified on the website and supply (at their own cost) the BIC 4 Colour Pen(s) and any additional material needed as stated on the Promotional Website for that Challenge;
    4. a. Perform their chosen Challenge, on their own or in a group, in accordance with the instructions specified for the Challenge on the Promotional Website, and ensure that their performance of the Challenge is recorded on video (“Challenge Video”). Challenge Video must not be longer than 3 minutes and must be in a video format acceptable to and accessible on Facebook; and
    5. Submit their Challenge Video to the Promoter by logging into their Facebook account (or having their parent/legal guardian log into the parent/legal guardian’s Facebook account if the participant is under 13 years old and/or is a minor who does not have a Facebook account) and either:
      1. Uploading their Challenge Video to the promotional Facebook page at https://www.facebook.com/BIC4ColoursAUNZ; or
      2. posting the Challenge Video to their personal timeline on Facebook, and tagging “@BIC4ColoursAUNZ”. Only Challenge Videos that have tagged the Promoter in the post will be eligible for the promotion if submitted via Facebook.

    Each participant warrants to the Promoter that the Challenge Video does not infringe the rights of any third party and that they have permission from each person in the Challenge Video (or the parent/legal guardian of each person in case of a minor) to submit the Challenge Video in this promotion. All content must comply with and is subject to the provisions contained in clause 20.

    It is each participant’s responsibility to ensure that a Challenge is performed in a safe environment and that they do not behave in a manner likely to cause the participant or others injury or damage. Each participant acknowledges and agrees that, to the maximum extent permitted by law, the Promoter will not be responsible for or liable to replace or repair any pen or other tool used or damaged as a result of the participant taking part in a Challenge, or for any personal injury incurred by any participant or any other person as a result of participating in a Challenge.

  8. The Promoter may publish selected or all Challenge Videos received via the promotion on the Promotional Website and in any other medium selected by the Promoter in its discretion, in accordance with clause 21, and also rank them on a leaderboard on the Promotional Website. All Challenge Videos are subject to review by the Promoter for compliance with these Terms and Conditions. Challenge Videos that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, will at the discretion of the Promoter not be published by the Promoter or will be removed if published in any medium controlled by the Promoter. In addition, any participant that submits such content will not be eligible to win any prize.
  9. Multiple submissions are permitted, subject to the following: (a) each Challenge Video must be unique; (b) each Challenge Videos must be submitted separately and in accordance with requirements; and (c) a single participant cannot win more than once in respect of a single Challenge, unless otherwise indicated by the Promoter.
  10. The Promoter reserves the right, at any time, to verify the validity of Challenge Videos and participants (including a participant’s identity, age, parental/guardian consent and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  11. If there is a dispute as to the identity of a participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the participant.
  12. This promotion is a game of skill and chance plays no part in determining the winners of any prizes.
  13. Challenge Videos received during the Promotional Period will be divided into groups in accordance with the Challenge completed in the Challenge Video, into twelve (12) separate groups (“Challenge Groups”). Challenge Videos in each Challenge Group will be judged against each other by the Promoter based on creativity and humour of the Challenge Videos. For the avoidance of doubt, only Challenge Videos from the same Challenge Group will be judged against each other.
  14. The Promotional Period will be divided into weeks, Thursday to Wednesday (each a “Weekly Period”). Subject to clause 9, at the end of each Weekly Period, the Promoter will judge the Challenge Videos in each Challenge Group received during the preceding Weekly Period(s). For example: at the end of the first Weekly Period, the Challenge Videos received in each Challenge Group during the first Weekly Period will be judged; at the end of the second Weekly Period, the Challenge Videos received in each Challenge Group in the first and second Weekly Period will be judged; at the end of the third Weekly Periods, the Challenge Videos received in each Challenge Group in the first, second and third Weekly Periods will be judged; etc. The three (3) valid participants who submit the three Challenge Videos deemed to be the best by the Promoter in each Challenge Group at the end of each Weekly Period will each win a prize. The exact nature and value of each prize will be determined by the Promoter in its absolute discretion. Depending on the quality of entries, the Promoter may also, in its absolute discretion, elect to award additional prizes to participants in any Challenge Group at the end of any Weekly Period, however is under no obligation to do so. In the event that the total number of Challenge Videos received in a particular Challenge Group at the end of any Weekly Period is less than three (3), then each Challenge Video submitted in that particular Challenge Group will receive a prize (subject to a limit of one (1) prize per person per Challenge) and any remaining prize(s) will either be retained by the Promoter or awarded to other Challenge Videos in other Challenge Groups, at the Promoter’s absolute and sole discretion.
  15. The judges may select additional reserve Challenge Videos in each Challenge Group at the end of each Weekly Period, which they determine to be the next best, and record them in order of merit, in case of an invalid Challenge Video or ineligible participant. The Promoter also reserves the right, but is under no obligation to, to award additional prizes to participants from any Challenge Group(s) received over a particular period advertised by the Promoter. Any such prizes will be awarded to the participants who submit Challenge Videos selected to be the best by the Promoter, based on creativity and humour of the Challenge Videos. The exact number and nature of prizes will be determined by the Promoter in its absolute discretion.
  16. The winners will be notified by a direct message to their Facebook account
  17. The Promoter’s decision is final and no correspondence will be entered into.
  18. If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or legal guardian.
  19. Each prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise indicated by the Promoter.
  20. Participants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Challenge Videos (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Participants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter 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;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person (and from the parent or legal guardian of any minor) or from the owner(s) of any property that appears in their Content;
    4. the Content is the original work of the participant or the participant will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
    5. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    6. 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 participant agrees to indemnify the Promoter for any breach of the above terms.

  21. As a condition of participating in this promotion, each participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  22. Participants consent to the Promoter 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 they agree to obtain consent from each person in their Challenge Video to the use of their name, likeness, image and/or voice (as shown in the Challenge Video) in the ways indicated in this clause.
  23. 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 participant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  24. Any cost associated with accessing the Facebook Page or the Promotional Website, or performing a Challenge, is the participant’s responsibility.
  25. 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 States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
  26. 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) any tax liability incurred by a winner or participant; or (f) participation in a Challenge or taking/use of a prize.
  27. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Participation is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://au.bicworld.com/privacy-policy.html . 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 PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning a participant. The Privacy Policy also contains information about how participants may opt out, access, update or correct their PI, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All submissions become the property of the Promoter. The Promoter will not disclose Australian participant’s personal information to any entity outside of Australia.
  28. Participation in the promotion via Facebook is dependent on participants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
  29. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Participants understand that they are providing their information to the Promoter and not to Facebook. The information a participant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by a participant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
  30. The laws of Victoria, Australia apply to this promotion to the exclusion of any other law. Participants submit to the exclusive jurisdiction of the courts of Victoria, Australia.

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