Spotted For Real

“SPOTTED FOR REAL” PROMOTION TERMS AND CONDITIONS

1. Information on how to enter and prizes 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. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter.
3. Competition commences 09:00 AEST on 07/04/09. Entries close midnight AEST on 05/06/09 (“Promotional Period”). Final voting closes midnight AEST on 12/06/09 (“Voting Period”). Winners will be notified by telephone and mail.
4. To be eligible to enter, individuals must purchase a Clearasil Pimple Blocker Pen (“Product”) during the Promotional Period.
5. To enter, entrants must then, during the Promotional Period: (a) visit www.spottedforreal.com; (b) follow the prompts to the competition entry page; (c) input the requested details including their name, address, contact number and email address; (d) write a story on “something exciting in their world”; (e) upload a photo to reflect the story; and (f) submit the fully completed entry form.
6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity 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, or who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the competition. 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.
7. Incomplete, indecipherable, or illegible entries will be deemed invalid. Any incorrect details submitted may render the corresponding entry invalid. Unrecognised barcode numbers will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specified purchase requirement; (b) each entry must be substantially unique and the entrant’s original work; and (c) each entry must be submitted separately and in accordance with entry requirements. For the avoidance of doubt, an entrant may submit a particular entry only once during the Promotional Period.
9. Entrants must retain their original Clearasil Pimple Blocker Pen Product barcode for all entries as proof of purchase. Failure to produce the required barcode/s 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.
10. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged by viewers of the website.
11. Viewers who visit the website during the Voting Period will have the opportunity to vote either ‘fame or ‘lame’ for each entry that has been submitted. Each ‘fame’ vote gives the entrant +1 point, each lame vote gives the entrant -1 point. So if the entrant gets 100 votes, 90 of which are ‘fame’ votes and 10 of which are ‘lame’ votes, then the entrant will have a rating of 80 points. The Promoter takes no responsibility for how votes are made.
12. Multiple votes permitted, subject to the following: (a) a maximum of one (1) vote per person per day is permitted; and (b) a maximum of one (1) vote per IP address per day is permitted.
13. The votes will be added up at midnight each night of the Voting Period, and the entry with the highest number of points that was uploaded that day will win a Bigpond music voucher valued at $20.00 (“Daily Prize”). There are sixty (60) Bigpond music voucher’s to be awarded. Each entry can only be submitted once, and an entrant can only win one (1) Daily Prize for each entry submitted. An entry will only be valid to win a Daily Prize on the day that the entry was submitted. In the event of a tie, the winner for that day will be the entrant with the best entry as determined by a panel of judges, in their sole discretion, at Euro RSCG Level 12, 60 Miller Street, North Sydney NSW 2060 (“Euro RSCG”). Daily prize pool value is $1,200.00.
14. Any ancillary costs associated with redeeming the voucher are not included and are the responsibility of the prize winner. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
15. The Promoter will not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
16. The major prize and runner-up prize determination will take place at Euro RSCG Level 12, 60 Miller Street, North Sydney NSW 2060 at midnight AEST on 18/06/09. In the event of a tie for either the major prize or runner-up prize, the major prize winner will be the person with the best entry and the runner-up prize winner will be the person with the second best entry as determined by a panel of judges, in their sole discretion, at Euro RSCG.
17. At the end of the Voting Period, the valid entry with the highest number of points will win the major prize, consisting of a Sony digital camera DSCW110S, valued at $199.00 and a trip for four (4) people (including the prize winner) to Melbourne VIC. If the major prize winner is not from Melbourne, the prize includes return economy airfares from the winner's nearest capital city for the winner and his/her companions. The winner and his/her companions must depart from and return to the same point of departure and must travel together. If the winner is from Melbourne then the prize does not include airfares (regardless of where the winner’s companions reside) and the airfare component of the prize is not redeemable for cash. Prize includes two (2) nights twin share accommodation for four (4) people at The Prince hotel including two (2) breakfasts for four (4) people; return airport/hotel transfers in a private car; private car transfers to and from hotel to Chadstone shopping centre; VIP shopping trip at Chadstone shopping centre with personal stylist valued at $400, half day spa session for four (4) people at Aurora Spa valued at $1,650 and $1,060.00 spending money for the winner only. Additional spending money, additional meals, taxes, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Major prize must be taken by 31/12/09 and is subject to booking and flight availability. Major prize cannot be taken during Australian school holidays, public holidays or peak periods. Winners acknowledge and agree that the accommodation element of the major prize is twin-share and the winner and his/her companions will be required to share the rooms with each other. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Winner may be required to present credit card at time of accommodation check in. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. Major prize pool value is up to $10,009.00, depending on date and point of departure.
18. The next ten (10) valid entries with the highest number of points at the end of the Voting Period will each win a Runner-Up prize consisting of 1 x Sony digital camera DSCW110S, valued at $199.00. Minor prize pool value is $1,990.00.
19. If for any reason a winner does not take a prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.
20. The Promoter’s decision is final and no correspondence will be entered into.
21. If any prize (or part of any prize) is unavailable, 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.
22. Total prize pool value is up to $13,199.00. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
23. When you submit any materials via the Promotion including comments, recordings and images (“Content”), you, unless the Promoter advises otherwise, license and grant 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, communicate to the public and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You consent to the Promoter doing (or omitting to do) any acts in respect of the Content which may otherwise constitute an infringement of your moral rights.
    
    You agree that you are fully responsible for the Content you submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. You warrant and agree that: (a) you 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; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you 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) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you 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, you indemnify the Promoter for any breach of the above terms.
24. Each entrant warrants to the Promoter that each entry submitted is an original artistic and literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty.
25. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; and/or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
28. Except for any implied condition or warranty the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (“Non Excludable Condition”), the Promoter excludes from these Terms and Conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Condition, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the competition, including, without limitation, the following: (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 implications; and/or (f) a prize or use of a prize.
29. 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, prize suppliers and for any purpose required under Australian lottery legislation or any other regulatory authority. Entry is conditional on providing this information. If an entrant “opts in” at the time of entry, the Promoter may also use the information for promotional, marketing and publicity purposes. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter
30. The Promoter is Reckitt Benckiser (Australia) Pty Ltd (ABN 17 003 274 655) of 44 Wharf Road West Ryde NSW 2114.