The Happiness Movement Terms & Conditions ("Conditions of Entry")

 

Schedule

Promotion:

 The Happiness Movement

Promoter:

Vividwireless Pty Ltd ABN 65 137696461, 1 Lyonpark Road, Macquarie Park, NSW 2113,  Australia. Ph: 02 9033 7713.

Entry Period:

 Entry Start date: 12/9/2016 at 09:00 am AEST

 Entry End date: 25/09/16 at 11:59 pm AEST

Voting Period:

 Voting Start date: 28/09/16 at 09:00 am AEST

 Voting End date: 09/10/16 at 11:59 pm AEST

Eligible entrants:

Entry is only open to Registered Charities (including Charitable Institutions and Charitable Funds) and not-for-profit organisations in Australia. Persons who enter this Promotion on behalf of an eligible charity/not-for-profit organisation must have the authority to act on behalf of and bind the eligible charity/not-for-profit organisation. Entrants under the age of 18 must have parent or guardian approval to enter.

How to Enter:

 To enter the Promotion, the eligible entrant must complete the following steps during the Entry  Period:

 

a)       Complete the entry form at www.vividwireless.com.au/thehappinessmovement-entryform including the entrant’s name, email address, mobile number, project name and the name of charity or not-for-profit organisation;

b)       In 250 words or less, tell us about your happiness project and how you would use AUD$10,000 to help support those in need; and

c)       Read and agree to the terms of the Promotion as prompted.

Entries permitted:

 Only one (1) entry per Registered Charity/not-for-profit organisation will be eligible.

Finalist Determination

 The best valid entries, as determined by the Promoter’s representatives will be deemed the  “Finalist Entries” and proceed to the voting stage.  The exact number of Finalist Entries will be  determined by the Promoter’s representatives in their absolute discretion.
 

 The Finalists will need to submit a photo that will be used on the Vividwireless Facebook page for  final voting. Submission of the photo will be via email and will be requested once Vividwireless  notifies them that their charity/not-for-profit organisation was chosen as a Finalist Entry. If a  Finalist fails to provide a photo by the time and via the method requested by the Promoter, the  Promoter may at their discretion deem them invalid and ineligible for a prize.


 Entries will be judged by the Promoter’s representatives based on but not limited to the following  criteria:
 

  • viability
  • project legitmacy
  • potential benefits to society
  • need for funds
  • innovativeness.

 

 The Promoter reserves the right to request additional information from entrants to verify their  eligibility to enter the Promotion (e.g.; charity ABN/registration details, project photo).

Eligible voters:

 Voting on the Finalist Entries is open to all persons worldwide. Voters under the age of 18 must  have parental or guardian approval to submit a vote in this Promotion.

How to Vote:

 Finalist Entries will be posted online on the Vividwireless Australia Facebook Page at  https://www.facebook.com/vividwireless4G/ (“Vividwireless Facebook Page”). To vote for a  Finalist Entry, an eligible voter must select the ‘like’ button corresponding to that Finalist Entry on  the Vividwireless Facebook Page during the Voting Period.

Votes permitted:

 Limit one (1) vote permitted per person and Facebook account per finalist entry.

Winner Determination:

 The Finalist Entry that receives the highest number of valid votes during the Voting Period will be  deemed the winner and receive the prize indicated below. The winner will be officially announced  on 11/10/16 on www.vividwireless.com.au/thehappinessmovement and on the promoter’s  Facebook page.

 

 In the event of a tie for the highest number of votes, the Promoter’s representatives will judge all  such tied entries and award the prize to the Finalist Entry they deem best based on the Judging  Criteria outlined in the Finalist Determination section above.

Total Prize Pool:

 AUD$10,000.00

 

Prize Description

Number of this prize

Value (per prize)

Winning Method

Conditions

The prize is AUD$10,000.

 

The prize will be paid by direct deposit to a bank account as determined by the Promoter in consultation with the winner. In the event of a disagreement as to where the money will be deposited, the Promoter’s decision will be final.

1

AUD$10,000.00

Judging

No part of this prize is exchangeable or transferable.

 

 

Winner Notification:

The winner will be notified via email and mobile phone.

Unclaimed Prizes:

The Promoter may at its discretion assign the prize to the entry that would have been the winner had the original winning entry been excluded, or award the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

 

  1. The entrant/voter agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that participation in this Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Entry Start Date and ends on the Voting End Date ("Promotional Period"). Entries/votes are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant/voter. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Entry Period. Valid and eligible votes will be accepted during the Voting Period.
  4. Employees (and the immediate family members) of the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter or vote in this Promotion. 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.
  5. 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.
  6. The winner and Finalist Entries will be determined by skill. Chance plays no part in determining the winner or Finalist Entries. The judges' decision is final and binding and no correspondence will be entered into.
  7. All reasonable attempts will be made to contact each winner and entrant who submitted a Finalist Entry.
  8. If any winner chooses not to take their prize (or is unable to) or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  9. No entry fee is charged by the Promoter to enter the Promotion.
  10. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  11. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.vividwireless.com.au/privacy-policy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  12. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner (or an authorised representative of a winning organisation) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
  13. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  14. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  15. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, votes or suspend or modify a prize.
  16. The Promoter reserves the right, at any time, to validate and check the authenticity of entries, votes and entrant's/voter’s details (including an entrant's/voter’s identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries/votes, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry/voting software or any other mechanical or electronic means that allows an individual to automatically enter/vote repeatedly is prohibited and may render all entries/votes submitted by that individual invalid.
  17. All material submitted on entry, including any photos submitted by Finalists (e.g. essay(s), Photo(s)/photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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. Entrants agree that their entry is their original work and does not infringe the rights or third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  18. The Promoter reserves the right, at any time: (a) to invalidate any votes 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 votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Conditions of Entry. The Promoter reserves the right, at any time, to verify the validity of entries, votes, voters and entrants (including an entrant’s/voter’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these 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 may 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.
  19. The Promoter reserves the right to disqualify entries/votes in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant/voter and no correspondence will be entered into.
  20. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  21. The entrant/voter will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  22. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  23. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.