NO PURCHASE NECESSARY TO ENTER OR WIN IN THE FIJI WATER MOONLIGHT CINEMAS CONTEST ("CONTEST"). Entry into this Contest constitutes your acceptance of these Official Rules. The Sponsor of this Contest is FIJI Water (Australia) Pty Ltd.
CONTEST ENTRY DATES: Contest begins 8 February 2010 at 12:01 a.m. Australian Eastern Standard Time ("AEST") and ends 12 February, 2010 at 11:59 p.m. AEST ("Contest Entry Period"), unless extended by Sponsor.
WHO MAY ENTER: Open only to legal residents of Australia. Contestants under the age of 18 are not eligible to enter or win. Employees of Sponsor and its parents, affiliates, subsidiaries and advertising / promotion agencies, and such employees' immediate family members (parent, spouse, sibling, child, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to enter or win. Sponsor reserves the right to verify eligibility qualifications and contestants may be asked to provide proof of identity and residency. Identification considered suitable for verification is at the discretion of Sponsor.
CONTEST ENTRY/OBJECTIVE: The objective of the Contest is to replace any word in a movie title of your choice with the word "FIJI".
HOW TO ENTER: To enter, you ("Contestant") must post your movie title ("Entry") on FIJI Water's Blog located at: www.fijiwater.com/blog ("Contest Web Site") during the Contest Entry Period and follow the instructions set out on the Contest Web Site. Any Entry that does not include all required information and adhere to these Official Rules will be void and will not be considered in the judging of this Contest.
CONDITIONS OF ENTRY: Each Entry must contain the word "FIJI".
All Entries must be received by 12 February 2010 at 11:59 p.m. AEST. "Receipt" of an Entry occurs once the Entry is posted on the Contest Web Site. Sponsor may extend the time for, vary or terminate, this Contest at any time in its absolute discretion. Sponsor also reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
There is a limit of one (1) Entry per Contestant for the entire Contest Entry Period and Entries received from any Contestant in excess of this will be void. Contestants may only enter in their own name.
Entry into the Contest constitutes the Contestant's full and unconditional agreement to be bound by these Official Rules (including all eligibility requirements) and the decisions of the Sponsor and the judges, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all the requirements set out in these Official Rules and failure to comply with these Official Rules may result in disqualification from the Contest.
Each Contestant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein, and that the Entry has not won any previous awards or competitions; (b) he/she has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; (c) no part of the Entry has been published; and (d) no rights in the Entry have been previously granted to any person, firm, corporation or other entity.
Sponsor reserves the right, in its sole discretion, to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with the image of the Sponsor, its parents, affiliates or subsidiaries, or if it is determined that the Contestant has not otherwise complied with these Official Rules. If the Entry contains any material or elements that are not owned by the Contestant and/or which are subject to the rights of third parties, the Contestant is responsible for obtaining, prior to Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set out in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Contestant at any time.
GRAND PRIZE JUDGING: The Contest is a game of skill and chance plays no part in determining the winner. Judging will occur every day during the Contest Entry Period, at 11444 West Olympic Boulevard, 2nd Floor, Los Angeles, California 90064. All eligible Entries received for each applicable day will be judged by a select panel of FIJI Water employees who will serve as judges to determine the top six (6) Entries each day ("Winners"). A total of thirty (30) Entries will be selected during the entire Contest Entry Period. The judging will be based on the originality and creativity of the Entry which shall be determined at the judges' absolute discretion and criteria. In the event of a tie, an additional "tie-breaking" judge will determine the Winner(s) from among such tied Entries based on the same criteria. The judges reserve the right to select fewer than six (6) Winners each day if, in their sole discretion, the Sponsor does not receive a sufficient number of eligible and suitable Entries for the applicable day.
Judges' and Sponsor's decisions are final and binding and no correspondence will be entered into.
WINNER NOTIFICATION AND REQUIREMENTS: Winners will be announced each day on the Contest Web Site and will each be notified by e-mail, phone and/or mail. Winners may be required to provide/execute and return documents evidencing their identity and residency (whether by way of a deed, statutory declaration or otherwise) and a release in respect of liability/publicity, as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of the date printed on the notification or he/she may be disqualified (at the absolute discretion of Sponsor). If a Winner is not readily identified after reasonable efforts have been made to identify him/her, Sponsor may, subject to any legislative requirements, in its absolute discretion declare the Winner to be ineligible and award the prize to another Contestant chosen by the judges in their absolute discretion.
If it is determined that a Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or the prize notification is returned as undeliverable then, subject to any legislative requirements, the Winner will be disqualified. Should a Winner make any false statement(s) in any document required by Sponsor or prize supplier, such Winner will be disqualified and required to promptly return to Sponsor the value of his/her prize. If a Winner is disqualified for any reason, at Sponsor's discretion, an alternate Winner may be declared by Sponsor.
PRIZES:Thirty (30) Prizes: Each Winner will receive eight (8) tickets to Moonlight Cinemas, valued at AU$120.00 each prize (AU$15.00 per ticket) based on the recommended retail value of the prize (including GST). All prize details are at Sponsor's sole discretion. Sponsor makes no representations or warranties as to the quality, suitability or merchantability of the prizes and excludes all warranties to the extent permitted by law. Prizes are non-negotiable and not redeemable for cash, credit or merchandise except as specified. No substitutions or cash redemption of the prizes is permitted except that Sponsor retains the right, in its absolute discretion, to substitute a prize of comparable or greater retail value. Additional restrictions may apply.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use the Winner's name, Entry, hometown, likeness, prize won, and photo and video (all at Sponsor's discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
Sponsor and its parents, affiliates, subsidiaries and advertising / promotion agencies and their respective officers, directors, agents, representatives and employees (collectively, "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries, all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the Contest Web Site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Contest Web Site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a Contestant's ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the Winners or in any Contest-related materials.
Entries generated by a script, macro or use of automated devices may, at Sponsor's sole discretion, be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor's discretion, determine the Winners using all non-suspect, eligible Entries received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the Contestant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entry and vote) it finds to be tampering with the Entry or the operation of this Contest or the Contest Web Site, intending to annoy, abuse, threaten or harass any other Contestant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules. CAUTION: Any attempt by a Contestant to deliberately damage the Contest Web Site or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages and other such remedies from any such Contestant to the fullest extent permitted by law and to disqualify such contestant from the Contest.
ASSIGNMENT OF RIGHTS: Contestant hereby assigns to Sponsor all the Contestant's rights (including copyright) throughout the world in respect of his/her Entry and all other materials of every kind whatsoever created by the Contestant relating to the Contest (collectively, the "Work"). Contestant waives any moral rights he/she may have in respect of the Work and consents to Sponsor exploiting the Work (and all rights therein) in any manner throughout the world without restriction.
By submitting an Entry, Contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsor, and waives any and all claims the Contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant's Entry.
PERSONAL INFORMATION: All Entries become the property of Sponsor. Contestants' personal information is safeguarded by privacy law. Sponsor needs the requested information to process the Entries and to contact Winners. Contestants' contact details may be provided to others assisting in the administration of the Contest, including prize suppliers and deliverers. Contestants' contact details may be entered into a database for future promotional marketing and publicity purposes, unless notified to the contrary by you. Sponsor reserves the right to publish the name of the Winners. To inquire about what personal information Sponsor holds about you, you may email Sponsor at marketing@fijiwater.com. To obtain further information about Sponsor's privacy policies, you may email Sponsor at legalinfo@fijiwater.com.
RELEASES: Winners accept the prizes at their own risk. Sponsor will not be liable for any claim, cost, expense, loss, damage or liability whatsoever suffered or incurred (including but not limited to indirect or consequential loss), or personal injury suffered or sustained, as a result of or arising out of or in any way connected with the conduct of this Contest or the acceptance or use of a prize, except for any liability which cannot be excluded by law. By entering the Contest, to the maximum extent permitted by law, Contestants agree to release and hold harmless Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the Contest Web Site or Released Parties' use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any Contestant or the responses of anyone appearing in any Entry.
ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that any and all disputes and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators Australia and, subject to those Rules, in accordance with the provisions of the Commercial Arbitration Act 1984 (NSW). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the Laws of New South Wales and the courts of that State and the Commonwealth of Australia shall have jurisdiction in respect of all such issues and questions.
WINNERS' LIST: If you would like the names of the Winners (available after 20 February 2010), please send a self-addressed stamped envelope by 20 March 2010 to: FIJI Water Moonlight Cinemas Contest Winners, Suite 9, 25 Claremont Street, South Yarra, Victoria 3141, Australia. Winners' names will also be posted on the Contest Web Site.
SPONSOR: FIJI Water (Australia) Pty Ltd ACN 103 806 668, Unit 2, 281 Pacific Highway, North Sydney, NSW 2060, Australia.