Terms and Conditions: Become Certified Kind for Charity Promotion

  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.
  1. Entry is only open to Australian
  1. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant 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 entering this promotion.
  1. Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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
  1. Promotion commences on 20/10/2017 and final entries close at 5:00pm AEDST on 30/03/2018 (“Promotional Period”).
  1. To enter, the entrant must, during the Promotional Period, complete the following steps:
    • Fill a jar with kindness as per the instructions online at choosekind@roadshow.com.au and take a photograph of their jar clearly showing the Choose Kind Label (“Photograph”). For clarity, individuals are encouraged to fill a jar with a token (pebble, button, ball etc) each time they conduct an act of kindness. Labels can be downloaded and printed at choosekind.org.au; and
    • Send an email to choosekind@roadshow.com.au with the subject “Become Certified Kind For Charity” Promotion, containing their full name, the name of their nominated charity (should they be drawn as a winner) and attach their Photograph. Uploaded files must be submitted in JPEG, GIF or PNG format and must not exceed 2 MB file size.
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of 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 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  1. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  1. Only one (1) entry is permitted per person.
  1. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  1. There will be five (5) prize draws conducted for this promotion (each a “Prize Draw”). Entries open and close for each Prize Draw on the dates and times specified in the table below. Each Prize Draw will take at 3:00pm AEDST/AEST (as applicable) at Roadshow Entertainment Pty Ltd, Level 4, 235 Pyrmont Street, Pyrmont NSW 2009 on the dates specified in the table below. Non-winning entries in each Prize Draw will be entered into any subsequent Prize Draws. The Promoter may draw additional reserve entries in each Prize Draw and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by email within two (2) business days of the relevant Prize Draw. Winner’s names will be published online at roadshow.cpm.au/pages/winners on the dates specified in the table below.
Monthly Draw Entries Open Entries Close Draw Date Publication Date
1 09/10/2017 30/11/2017 01/12/2017 04/12/2017
2 01/12/2017 31/12/2017 01/01/2018 03/01/2018
3 01/01/2018 31/01/2018 01/02/2018 03/02/2018
4 01/02/2018 28/02/2018 01/03/2018 05/03/2018
5 01/03/2018 30/03/2018 02/04/2018 03/04/2018

 

  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. The first two (2) valid entries randomly selected, from all valid entries received in each Prize Draw, will win the prize of a $1,000 donation made in their name to an Australian charity of their choice. Winners acknowledge their donation needs to be to a legitimate Australian charity. The Promoter may refuse to award the prize to a particular charity if they believe the funds will not used as a legitimate charitable purpose in which case the winner will be given the opportunity to nominate an alternate charity.
  1. The total prize pool value is AU$10,000.
  1. A draw for any prize, if unclaimed, may take place on 02/07/2018 at the same time and place as the original draw, subject to any written directions from a regulatory authority. The winners, if any, will be notified in writing within two (2) business days of the draw. Winner’s names will be published online at roadshow.cpm.au/pages/winners from 05/07/2018.
  1. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“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. Entrants warrant and agree that:
    • 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;
    • their Content shall not contain viruses or cause injury or harm to any person or entity;
    • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    • the Content is the original work of the entrant or they 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;
    • 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
    • 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 entrant agrees to indemnify the Promoter for any breach of the above terms.

  1. As a condition of entering this promotion, each entrant 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 entry (which shall include 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.
  1. 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.
  1. 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 entrant; or (b) subject to the instructions of any regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  1. Nothing in these Terms and Conditions limit, exclude or modify 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 (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective 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 the promotion.
  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and 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: (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 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 entrant; or (g) use of a prize.
  1. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to the members of the Promoter’s corporate group (which may include but is not limited to Village Roadshow Limited and its subsidiary companies), third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry 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://roadshow.com.au/Privacy-Policy.aspx The Promoter (and its corporate group to whom entrants PI will be disclosed) will only use and disclose entrant’s PI in accordance with their respective privacy policies and, if applicable, collection statements. The Promoter (and its corporate groups) to whom personal information is disclosed may use this information for future promotional and marketing purposes regarding their products and services in accordance with their respective privacy policies and, if applicable, collection statements, including contacting entrants via any contact details provided by the entrant without further reference or compensation to the entrant, for an indefinite period or until the entrant opts out. The Promoter’s Privacy Policy contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  1. The Promoter may also disclose PI to selected partners, if an entrant consents to such disclosure at the time of entry, who may use the information for their own marketing purposes. For details on how PI will be handled by such partners, entrants should view their privacy policy (which will be made available at the time of entry, where applicable).
  1. The Promoter is Roadshow Films Pty Ltd (ABN: 28 100 746 870) of 1 Garden Street, South Yarra VIC 3141. Telephone: 02 9552 8614.

NSW Permit No. LTPS/17/19075. ACT Permit No. TP17/02168. SA Permit No. T17/2037