#UBKCATCHMEIFYOUCAN INSTAGRAM 2015 PROMOTION

 

CONDITIONS OF ENTRY

 

  1. Information on how to enter the “#UBKCatchMeIfYouCan Instagram 2015” promotion (Promotion), mechanics of entry and the prizes form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry.

 

  1. The Promoter is Kimberly-Clark Australia Pty Limited (ABN 65 000 032 333) 52 Alfred Street, Milsons Point NSW 2061. Telephone number: 1800 028 334 (Promoter).

 

ELIGIBILITY

 

  1. Entry is only open to residents of Australia aged over 18 years who in the event that their entry is judged to be the Major Prize winner, are able to travel to and remain in Miami, Florida USA for four (4) nights during the period 12/11/2015 – 17/11/2015 (inclusive) in order to participate in the Major Prize as set out in Conditions 19-21 (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the 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.

 

PROMOTIONAL ROUNDS AND JUDGINGS

 

  1. The promotion starts at 12:00am (AEST) on 19/8/2015 and ends at 11:59pm (AEST) on 16/9/2015 (Promotional Period).

 

  1. The Promotional Period will be divided intothree (3) promotional rounds (each, a Promotional Round) and three (3) corresponding promotional judgings by a panel of appropriately qualified judges (each, a Judging) for the purpose of awarding prizes in this promotion. Entries received during a given Promotional Round WILL rollover into any subsequent Promotional Round(s) (if any). All eligible entries will be judged on the basis of originality and creative merit. The best entry judged as having submitted the best entry in accordance with these conditions of entry, for each Promotional Round will each be awarded the corresponding prize for that Promotional Round. This is a game of skill and chance plays no part in determining the winners. Judgings will take place at 14 Argyle Place, Millers Point, NSW 2000. The Promoter will notify each winner via post to the winner’s Instagram page used to gain entry into the Promotion and each winner will be required to contact the Promoter by emailing promotions@ubykotex.com.au in order to claim their prize. All reasonable steps to notify the winners of the results of the Judgings will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. Promotional Round and Judging details are as set out in the table below.

 

 

Promotional Round

Start date and time
(AEST)

End date and time
(AEST)

Judging date and time and winner notification
(AEST)

1

12:00am on19/8/2015

11:59pm on 3/9/2015

12:00pm on 4/9/2015

2

12:00am on 4/9/2015

11:59pm on 10/9/2015

12:00pm on 11/9/2015

3

12:00am on11/9/2015

11:59pm on 16/9/2015

12:00pm on 18/9/2015

 

 

HOW TO ENTER

 

  1. To enter the Promotion, Entrants must, during the Promotional Period:
  1. become a registered user of Instagram (Entrants who are already registered users of Instagram will not be required to complete this step). Entrants must ensure that their Instagram account is set to ‘public’;
  2. visit the U by Kotex Instagram page at @ubykotexAU (Promotional Page);
  3. post a photograph of themselves on their Instagram account, capturing their best sports action pose;
  4. tag their photo with @ubykotexAU and the hashtag #UBKCatchMeIfYouCan; and
  5. have their photo accepted as a valid entry. An entry is not complete and accepted until this step has occurred

            (together, an Entry).

 

  1. Multiple Entries are permitted, however each Entry must be substantially unique, must be submitted separately and must independently comply with these Conditions of Entry.

 

  1. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that an Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trademarks or other third party materials (including but not limited to any copyrighted material, trade mark, logo or mark that identifies a brand) as it could result in the Entry becoming invalid for the purposes of this promotion or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or that the Promoter considers, in its sole discretion, to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible entries into the promotion.
  2. An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their Entry via Instagram if the Promoter considers the Entry submitted to be ineligible to be accepted as an eligible Entry (Resubmitted Entry). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as an eligible Entry, is in the Promoter’s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as an eligible Entry, the Resubmitted Entry will be deemed to be the Entry for the Entrant for that Promotional Round. If a Resubmitted Entry is rejected by the Promoter as an eligible Entry, or is not received by the Promoter during the corresponding Promotional Round, the Entrant will not have gained an Entry for that Promotional Round.
  3. Entries and Resubmitted Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries and Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries and Resubmitted Entries.
  4. As a condition of entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
  5. Entrants acknowledge that in the event that their Entry is judged to be a winning Entry, their Entries will be published on the Promotional Page and they will be required to contact the Promoter via the Promoters email address at promotions@ubykotex.com.au in order to claim their prize.
  6. Entrants acknowledge that their personal Instagram page will be updated by entering the promotion and that their Entry or Entries and their name, locality, username and/or profile photograph may be featured on the Promotional Page, on their personal Instagram page and generally on Instagram for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
  7. Instagram membership, applications and use of Instagram generally is subject to its prevailing terms and conditions of use at instagram.com/legal/terms/#. The promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Instagram.

 

MINOR PRIZES

 

  1. For the Promotional Round 1 and Promotional Round 2 Judgings, each Entry judged as the best Entry from all eligible Entries received at the time of the corresponding Promotional Round, will each win one (1) Her Fitness Box pack, valued at up to $500.00, (each, a Minor Prize).Each Minor Prize comprises of the following:
    1. one (1) Nike Hayward 25M Backpack;
    2. one (1) Lifefactory Glass Water Bottle 450ml with royal purple silicone cover;
    3. one (1) Fitbit Flex Wristband;
    4. one (1) Nike Free 4.0 Flyknit;
    5. one (1) Lulu Lemon The Towel in Sunset stripe blush quartz multi (small) ;
    6. one (1) Nike Pro Classic Women’s Sports bra; and
    7. one (1) Asics Pace Ped Socks in Magenta (1 Pack)

 

  1. Minor Prizes and Minor Prize elements are subject to availability of colours, styles and sizes.
  2. Each Entrant whose Entry is the best judged Entry for Promotional Round 1 and Promotional Round 2 must confirm their eligibility to be awarded the Minor Prize and their ability to accept the Minor Prize within five (5) business days of being successfully notified by the Promoter that their Entry has been judged as the best judged Entry for that Promotional Round, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best judged Entry within five (5) business days of the Judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept the Minor Prize, the Promoter may, in its sole discretion, award the Minor Prize to the next best judged Entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the Minor Prize and ability to participate in the Minor Prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the Minor Prize and ability to participate in the Minor Prize will the Entrant, subject to these Conditions of Entry, be deemed the winner of the Judging.

 

MAJOR PRIZE

 

  1. For the Promotional Round 3 Judging, the Entry judged as the best Entry from all eligible Entries received during the Promotional Period will win a travel prize to Miami, Florida, USA for four (4) nights during the period 12/11/2015 – 17/11/2015 (inclusive) for the winner and one (1) companion aged 18 years or older, valued at up to $10,050.00 depending on point of departure (Major Prize). The Major Prize comprises of the following elements:

 

  1. two (2) return economy airfares to Miami, Florida, USA from the Australian capital city airport closest to the ordinary residential address of the winner (inclusive of airfare related taxes and charges);
  2. four (4) nights three (3) star accommodation at Deauville Beach Resort in Miami, Florida (twin share) (or similar);
  3. two (2) tickets to The Color Run event in Miami on 14/11/2015; and
  4. return coach transfers to and from the destination airport and the destination hotel and return private transfers from destination hotel to Sun Life Stadium on 14/11/2015.
  5. All components of the Major Prize must be taken together and when offered or are forfeited. The winner and their companion (if any) must travel together and depart from and return to the same departure point. The winner and their companion (if any) may not accrue frequent flyer points. No extension or variation of the travel and/or accommodation date(s) nominated by the Promoter permitted. The Major Prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by a licensed agent nominated by the Promoter.

 

  1. All components of the Major Prize must be taken together and when offered or are forfeited. The winner and their companion (if any) must travel together and depart from and return to the same departure point. The winner and their companion (if any) may not accrue frequent flyer points. No extension or variation of the travel and/or accommodation date(s) nominated by the Promoter permitted. The Major Prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by a licensed agent nominated by the Promoter.
  2. All additional costs not expressly stated, but which may be incurred in acceptance and use of [the Major Prize, are the responsibility of the winner and their companion (if any). Such additional costs may include, but are not limited to meals and beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the Major Prize, insurance, travel insurance, passports and visas (if applicable) (if applicable). The winner may be required to present a credit card at time of accommodation check-in.
  3. The Entrant whose Entry is the best judged Entry for Promotional Round 3 must confirm their eligibility to be awarded the Major Prize and their ability to accept and participate in the Major Prize within five (5) business days of being successfully notified by the Promoter that their Entry has been judged as the best judged Entry for that Promotional Round, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best judged Entry within five (5) business days of the Judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the Major Prize, the Promoter may, in its sole discretion, award the Major Prize to the next best judged Entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the Major Prize and ability to participate in the Major Prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the Major Prize and ability to participate in the Major Prize will the Entrant, subject to these Conditions of Entry, be deemed the winner of the Judging.
  4. The winner and/or their companion (if any) must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the Major Prize. Acceptance of the Major Prize and participation in the Major Prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services suppliers, Color Run event organisers and any other prize suppliers, and in particular age, health, behaviour and safety requirements. The winner and/or their companion (if any) must follow all reasonable directions given by the Promoter and any Color Run event organiser or prize supplier during the course of their participation in the Major Prize, including all directions relation to age, health, behavior and safety. The Promoter and any Color Run event organiser or prize supplier reserve the right, in their absolute discretion, to refuse entry into or departure out of the Color Run event, to disqualify, sanction and/or eject the winner and/or their companion (if any) from the Color Run event, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, for age, health or safety reasons, or for any breach of these Conditions of Entry generally. If the winner and/or their companion (if any) fail to participate in the Major Prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their Entry and the balance of the Major Prize will be forfeited with no compensation payable.
  5. It is the sole responsibility of the winner to ensure their entry and the entry of their companion (if any) into Miami, Florida, USA, at their own expense, including ensuring all necessary passports, visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the Major Prize being forfeited.
  6. It is a condition of accepting and participating in the Major Prize that the winner and their companion (if any) acknowledge and agree that the Promoter or its agents may film, photograph and record the winner and their companion (if any) during the course of their participation in the prize and that such footage will be the property of the Promoter and may be edited.
  7. The winner and their companion (if any) acknowledge that the Major Prize may involve a dangerous activity, which may result in injury or death, and participate at their own risk. The winner and their companion (if any): (a) must attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements of the Promoter and any prize supplier as determined in their absolute discretion; (b) must declare to the Promoter or any prize supplier (as applicable) any health-related issues that may affect his/her safe participation in any part of the Major Prize and obtain a written clearance from their doctor in this respect; (c) must not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the Major Prize; (d) must not be under the influence of any drugs or alcohol or, if expressly permitted by the Promoter, may consume alcohol in moderation (if aged 18 years or older, or 21 years or older as required in USA) but must not be under the influence of alcohol during any activities to the extent that it impairs or affects their understanding, judgment or participating in the activities, and subject to the limitations of any prize supplier; (e) must comply with all directions of the Promoter, any prize supplier and relevant officials; and (f) must wear all safety and other equipment required. The Promoter and any prize supplier in their absolute discretion: (a) reserve the right to refuse to allow the winner and their companion (if any)  to take part in any or all aspects of the Major Prize if they reasonably believe the winner and their companion (if any) pose a safety risk or for any other reason; (b) may cancel the relevant component of the Major Prize if the conditions are deemed dangerous. No compensation will be payable if the winner and their companion (if any) are unable to participate in or use any element of the Major Prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour or safety reasons.
  8. The Promoter reserves the right to request the Major Prize winner and their companion (if any) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the identity and age of the winner and their companion (if any) before issuing the prize and at any time during their participation in the prize.
  9. It is a condition of accepting and participating in a prize that the winner and their companion (if any) may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s) in a form determined by the Promoter in its absolute discretion.

 

GENERAL

 

  1. Total maximum prize pool value is up to $11,050.00. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Each prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize values. All prize values are the recommended retail price including GST.
  2. Entrants can only enter via one (1) Instagram account. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Each prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
  3. Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
  4. By entering the promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
  5. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter's brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter's brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the promotional material and the Promoter's brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
  6. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
  7. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
  8. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of Instagram and/or the information on Instagram, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers Loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs.
  9. If a Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu at the Promoter’s discretion.
  10. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything 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 cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize.
  11. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable).
  12. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter. The Promoter collects personal information about an Entrant to include the Entrant in the promotion and, where appropriate, award the prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at: promotions@ubykotex.com.au. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained at: http://www.kimberly-clark.com.au/en/others/privacy.
  13. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.