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T&cs - lipton ice tea non-celebrity instagram 20.11.13[4]

Lipton Ice Tea Sparkling Non-Celebrity Instagram Promotion
Information on how to enter and the prizes forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
ELIGIBILITY TO ENTER
Entry is only open to NSW, VIC, QLD, SA & WA residents aged 18 years or over who: (i) have an Instagram account and the Instagram app uploaded on their smart phone device; (ii) are available to travel to Sydney, NSW between 12th of January 2014 and the 15th of January 2014, to participate in a photoshoot; and (ii ) have not filmed or slated to film an advertisement for any product produced by a competing company of the Promoter (e.g. another beverage company); and (iv) are not entered into a commercial advertisement agreement with another food/beverage company. Only individuals who receive a promotional email inviting them to enter this promotion using the #SoupSparkling hashtag are eligible to enter using that hashtag. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the fol owing: 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.
PROMOTION PERIOD
Promotion commences at 6pm AEDST on 3rd of December 2013 and entries close 12pm AEDST on 17th December 2013 (“Promotional
Period
”).
ENTRY MECHANIC
To enter, eligible individuals must complete the fol owing steps during the Promotional Period: take a picture of themselves with a can of Lipton Ice Tea Sparkling Original or Zero attempting to mimic a cliché celebrity drink advertisement drinking pose (al photos taken must be compatible with Instagram, whether taken prior to upload to Instagram or taken and uploaded using Instagram directly); fol ow the ‘LiptoniceteaAU’ Instagram Account (if not done so already); and upload the picture to their Instagram account with hashtag #nonceleb and their State of residence as a hashtag (i.e. either #NSW, #VIC, #QLD, #WA, or #SA) in the description field (if an eligible individual received a promotional email as per clause 2, they must ALSO include #SoupSparkling as a hashtag, in addition to the #nonceleb and State hashtags). Multiple entries permitted per person, subject to the fol owing: (a) each entry must be substantial y unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
ENTRY & PHOTO REQUIREMENTS
Only the entrant must appear in the photo. No other person may appear in the photo. All entries must comply wil al terms and conditions issued by Instagram for users, including their Terms of Use available at http://instagram.com/legal/terms/#. When an entrant submits any materials via the promotion including photos/images, comments and descriptions (“Content”), the entrant,
unless the Promoter advises otherwise, 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 such Content for any purpose
in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such
use and warrant that they have the ful authority to grant these rights.
Entrants agree that they are ful y responsible for the Content they submit. The Promoter shal not be liable in any way for such Content to the ful extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they wil not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intel ectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexual y 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) they wil obtain prior consent from any property that appears in their Content; (c) their Content shal not contain viruses or cause injury or harm to any person or entity; and (d) they wil comply with al 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 clauses 9 and 10 above.
Each entrant warrants to the Promoter that each entry submitted is an original artistic work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against al costs and claims by third parties arising from a breach of this warranty.
WINNER DETERMINATION
This is a game of skil and chance plays no part in determining the winners. Each entry wil be individual y judged based on the creative merit of the photo provided on entry.
The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
Entries wil be divided into two (2) groups, depending on whether or not #SoupSparkling hashtag is included on entry. The best valid entry, as determined by the judges from the #SoupSparkling group of entries wil win the ‘Non-Celebrity’ Prize. The best five (5) valid entries from al remaining entries, wil each win the ‘Non-Celebrity’ Prize. Details of the ‘Non-Celebrity’ Prize inclusions are indicated below. A total of six (6) ‘Non-Celebrity’ Prizes wil be awarded for this promotion. WINNER NOTIFICATION
Winners wil be notified no later than 11:59pm AEDST on 18th December 2013. Winners wil be notified via a comment on their Instagram photo asking them to email a specific email address for further details. Winners may be asked to verify that they are the owner of the Instagram account. If winners do not email the address provided by 5pm AEDST on 20th December 2013 they wil be disqualified and the prize wil be awarded to the next valid reserve winner. If a provisional winner is disqualified for any reason (e.g. is unable to take the prize on the dates required), or if a provisional winner refuses their prize, at Promoter’s discretion, the prize may be awarded to a reserve winner. THE ‘NON-CELEBRITY’ PRIZE
Return economy airfares for the winner, from their nearest capital city to Sydney, NSW (only provided if winner does not reside in NSW); Return transfers from the airport to the winner’s accommodation in Sydney and from the winner’s accommodation in Sydney to the Photo Shoot (exact Photo Shoot Location to be determined by the Promoter in its absolute discretion); Up to two (2) night’s accommodation in Sydney, NSW (number of nights and exact accommodation venue provided determined by the Promoter in its absolute discretion); A Lipton Ice Tea Sparkling Gift Pack (exact contents of gift pack determined by the Promoter); Breakfast, lunch and dinner daily for the duration of the trip in Sydney, NSW (exact meal inclusions determined by the Promoter); and A Photo Shoot in Sydney (winner wil be photographed in a variety of drinking poses with Lipton Ice Tea Sparkling, attempting to mimic the cliché celebrity advertisement drinking poses ; and In addition to the above, each winner wil have one (1) of the photos taken at the Photo Shoot developed into at least one (1) bil board, to feature in one (1) or more of the fol owing States: NSW, VIC, QLD, WA or SA. The Promoter wil determine in its absolute discretion exactly which of the aforementioned State/s each winner’s bil board wil appear and determine the exact duration each bil board may appear.
Each prize is to the value of up to $5,000 depending on point of departure. Total prize pool is valued at up to $30,000.
Prize value is inclusive of GST and is in Australian dol ars. If a winner is from NSW, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash. Any winner from NSW must make their own way to and from the accommodation in Sydney, at their own cost. Spending money, additional meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and al other ancil ary costs are not included. Prize must be taken to coincide with the Lipton Ice Tea Photo Shoot event, taking place between 12th of January 2014 and the 15th of January 2014, and is subject to booking and flight availability. The exact date/s the prize must be taken wil be provided by the Promoter prior to the event. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points wil not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
Prizes are not transferable. In no circumstances are prizes exchangeable for cash or any other prize, unless otherwise specified.
Once booked, any amendments or cancel ations to the winner’s travel booking may be subject to fees and charges payable by the winner. Subject to the terms and conditions of the participating prize provider(s), if for any reason a winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) wil be forfeited and wil not be redeemable for cash.
Winners wil be asked to sign a deed of appearance agreeing to their name, suburb, image and al photographs from the Lipton Ice Tea Sparkling Photo Shoot being used by the Promoter and Pedestrian TV, in any media for an unlimited period of time worldwide (including Australia and New Zealand) without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or services provided by Pedestrian TV. As a condition of accepting a prize, each winner must sign the deed of appearance and may also be required to sign any additional 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. OTHER CONDITIONS
The Promoter’s and judges’ decision is final and no correspondence wil be entered into.
Incomplete, indecipherable or il egible entries wil be deemed invalid.
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.
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 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. Identification considered suitable for verification is at the discretion of the Promoter. Errors and omissions wil 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.
No responsibility is accepted for late, lost or misdirected entries. Any entry that does not comply with these Terms and Conditions wil be invalid.
The Promoter has the right to invalidate any entries that breach these Terms and Conditions. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Independent financial advice should be sought.
If for any reason a winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize wil be forfeited and wil not be redeemable for cash or any other prize.
In the event that a prize is not available despite the Promoter’s reasonable endeavours to procure the prize, the Promoter reserves the right to substitute the prize of equal recommended retail value, subject to any written directions from a relevant regulatory authority. The Promoter accepts no responsibility for any variation in the prize value from that stated in these Terms and Conditions.
The Promoter is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with taking the prize, except for any liability which cannot be excluded by law. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority. 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 ful est extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Subject to any laws, the Promoter is not responsible for any incorrect or inaccurate information, either caused by the telephone or internet user or for any of the equipment or programming associated with or utilised in this promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satel ite network failure, technical problems or traffic congestion on the internet or website, software failure, theft or destruction or unauthorised access to or alteration of entries and any injury or damage to participants or any other person’s computer related to or resulting from participating in or downloading any materials in the promotion. If for any reason this promotion is not capable of running as planned, including but not limited to technical failures, unauthorised intervention, fraud or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and, subject to any written directions given by a relevant regulatory authority, to cancel, terminate, modify or suspend the promotion, as appropriate.
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 (“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 al 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.
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 al 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 entrant; (f) if the Lipton Ice Tea photo shoot event is cancel ed, postponed or delayed, for any reason beyond the reasonable control of the Promoter; or (g) use of a prize and/or participation in a prize.
The Promoter col ects entrants’ personal information to include entrants in the promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the promotion. By participating in the promotion, unless otherwise advised, each entrant also agrees that a further primary purpose for col ection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact entrants with special offers in this way. By entering the promotion, each entrant agrees that the Promoter may use entrants’ personal information in this manner. Entrants can also gain access to, update or correct any personal information or opt-out by contacting the Promoter at the address below. All personal information wil be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information col ected may be viewed at http://www.unilever.com.au/brands/Promotions/default.aspx.
Entrants 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 of time without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Any costs associated with accessing the Instagram website, downloading the Instagram app and/or uploading to Instagram, is the entrant’s responsibility and is dependent on the Internet service provider used.
Entry and continued participation in the promotion is dependent on entrants fol owing and acting in accordance with the Instagram Terms of Use, which can be viewed at http://instagram.com/legal/terms/#. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram wil not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
THE PROMOTER
The Promoter is Unilever Australia Limited, ABN 66 004 050 828 of 20 Cambridge Street, Epping NSW 2121.

Source: http://www.pedestrian.tv/non-celebrity-endorser/TC-Lipton-Ice-Tea-Non-Celebrity-Instagram-28Oct13.pdf

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