"BEN & JERRY’S BATTLE OF THE BANDS" PROMOTION
1. Details on how to enter and the prize 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 residents of NSW, VIC, ACT, QLD, SA, WA and New Zealand who are aged 18 years or over and who are able to perform at (or the entrant’s band is able to perform at, if applicable) the Ben & Jerry’s Sundae Session in their respective State/Territory as follows: QLD: on 02/10/2016 & 09/10/2016, VIC: on 27/11/16, NSW: on 27/11/16 & 22/01/17, ACT: on 15/01/17, SA: on 05/03/17 , New Zealand on 05/02/17 WA: on 12/03/17. 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 cousin.
3. Promotion commences on [16/010/2016] and entries must be received:
a. QLD residents: by 9:00am AEST on 26/09/2016; & 03/10/2016
b. VIC residents: by 9:00am AEDST on 21/11/2016
c. NSW residents: by 9:00am AEDST on; 21/11/2016 & 16/01/2017
d. ACT residents: by 9:00am AEDST on 09/01/2017
e. SA residents: by 9:00am AEDST on 27/02/2017;
f. New Zealand (AUK) residents by 9:00am AEDST on 30/01/2017 and
g. WA residents: by 9:00am AEDST on 06/03/2017
(each, a Promotional Period).
4. To enter, entrants must, during the Promotional Period for the relevant State/Territory, be served the Ben & Jerry’s Battle of the Bands Lead Generation Advertisement via www.facebook.com/BenandJerryAustralia (promotional page), targeted to musicians in each region. On clicking on the Lead Generation Facebook advertisement, entrants must complete the entry form, provide a link to a video of their band/themselves performing a song (Link) and submit the fully completed entry form.
5. Each Link must contain a song which must:
a. be performed by the entrant, or the entrant’s band;
b. be a minimum of thirty (30) seconds in length; and
c. be in video format. Audio only files will not be acceptable.
6. By entering the Link, each entrant warrants and agrees that the entrant has not entered into any other arrangement, agreement or understanding which would restrict or prevent the entrant entering the Link and song in accordance with these Terms and Conditions, and participating in the prize (as detailed below).
7. By entering the Link, each entrant warrants that they have procured all required consents to enter the Link and song from all persons who have created, whether alone or jointly, or have any rights in the Link and song, including all band members.
8. Only one (1) entry permitted per entrant and only one (1) entry permitted per band.
9. 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.
10. The Promoter reserves the right, at any time, to verify the validity of entries, entrants and band members (including identity, age 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. 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.
11. Incomplete, indecipherable, unplayable or inaudible entries will be deemed invalid.
12. The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.
13. This is a game of skill and chance plays no part in determining the winners. At the end of each Promotional Period, each entry will be individually judged based on talent, appeal and suitability to the relevant Ben & Jerry’s Sundae Session. The Promoter’s decision is final and no correspondence will be entered into. The winner will be notified in writing or by telephone 1 week prior to the performance date in their respective state of territory.
14. The best valid entry for each of QLD, VIC, NSW, ACT, SA, WA & New Zealand as determined by the judges, will each win the opportunity for the winning entrant (and the entrant’s band, if applicable) to be the supporting act at the Ben & Jerry’s Sundae Session in their State/Territory, and will be permitted to play a twenty (20) minute set prior to the headlining acts. Each winner will also win five (5) tickets to the Ben & Jerry’s Sundae Session in their respective State/Territory and two (2) cases of Ben & Jerry’s ice-cream, valued at up to $367.00.
15. Details on the Ben & Jerry’s Sundae Session in each State/Territory are as follows
a. QLD: Southbank venue & Kurrawa Park
b. VIC: St Kilda venue;
c. NSW: Sydney University & Bondi Beach venue;
d. ACT: 1Lake side venue;
e. SA: Address Gleneg venue
f. New Zealand, Auckland, Victoria Park and
g. WA: East Perth venue
16. Each thirty (30) minute Ben & Jerry’s Sundae Session set list must be preapproved by the Promoter, in its sole discretion, before the relevant Ben & Jerry’s Sundae Session.
17. The winners (and the winners’ bands, if applicable) must make their own way at their own cost to the relevant Ben & Jerry’s Sundae Session, and supply their own equipment. Any and all costs associated with attending a Ben & Jerry’s Sundae Session are the sole responsibility of the winners (and a winners’ band, if applicable). Spending money, meals, insurance, transport, items of a personal nature and all other ancillary costs do not form part of the prize package.
18. Prizes must be taken on the relevant Ben & Jerry’s Sundae Session or will be forfeited. The prizes are subject to the event venue terms and conditions. The Promoter and event organisers hereby expressly reserve the right to eject any winner, band member and/or companion/s for any inappropriate behaviour, including but not limited to intoxication, whilst participating in or performing any element of a Ben & Jerry’s Sundae Session.
19. Any ancillary costs associated with redeeming the Ben & Jerry’s Sundae Session tickets are not included. Redemption of the Ben & Jerry’s Sundae Session ticket is subject to any terms and conditions of the issuer including those specified on the Ben & Jerry’s Sundae Session tickets.
20. If for any reason a winner does not take a prize (or an element of a prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
21. The prizes are not transferable or exchangeable and cannot be taken as or redeemed for cash.
22. Entrants agree that they are fully responsible for the comments, recordings, songs and Links containing songs (Content) they submit via the promotion. The Promoter shall not be liable in any way for any Content to the full extent permitted by law. The Promoter may remove or invalidate any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem to be: 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, ethnicity or gender; not suitable for children aged under 15; or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in the Content; (c) they have obtained the consent from the creator(s) of the works, all performers and any other third party rights holders in relation to all existing and future intellectual property rights in the Content to the uses and terms herein; (d) they have ensure that all creators, performers and third parties that have Moral Rights in the Content have (1) validly waived their Moral Rights, to the extent permissible by law, and (2) voluntarily, irrevocably and unconditionally consented to all or any acts or omissions by Unilever in relation to the use of the Content in accordance with these terms which would infringe their Moral Rights, (e) their Content shall not contain computer viruses or cause injury or harm to any person or entity; and (f) 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.
23. Without limiting any other terms herein, the entrant agrees to indemnify and keep the Promoter indemnified from and against any claim arising out of (a) any breach or default by the entrant of clause 22 of these Terms and Conditions, including any breach of any warranty given by the entrant, and (b) any claim that the intellectual property rights of any third party have been infringed by submitting the Content and any legal proceedings arising from any such claim.
24. All entries (which shall include Links) submitted become the property of the Promoter. Entries will not be returned to any entrant. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
25. Entrants consent to the Promoter using their (and each band member’s, if applicable) 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 the Ben & Jerry’s Sundae Session (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, 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) 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. 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 State 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 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.
29. 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) if any Ben & Jerry’s Sundae Session is cancelled or delayed for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize/participation on a Ben & Jerry’s Sundae Session.
30. As a condition of accepting a prize, a winner (and band members, if applicable) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
32. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
33. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant 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.
34. The Promoter is Unilever Australia Limited (ABN 66 004 050 828) of Level 17,
2 Park Street, Sydney NSW 2000 telephone 1800 888 695.