THE THANK YOU PROJECT
Terms and Conditions
1. The Thank-You Project” Promotion (“Promotion”) begins at 7am AEST on Monday April 28, 2008 and runs until 5pm AEST on Friday May 23rd 2008 (“Promotion Period”) unless extended or withdrawn earlier by the Promoter in its absolute discretion.
2. The Promotion will be conducted in accordance with these terms and conditions. By participating in this Promotion, the entrant agrees to be bound by the terms of these terms and conditions. All thankyous submitted become the express joint property of KCA and the Australian Radio Network. Thankyous may be used in any format without compensation to the original author.
3. The purpose of the Promotion is to give entrants the chance to say “Thank You” and express gratitude to those who deserve to be thanked via the website www.thankyouproject.com.au (“Promotion Website”).
How to Enter
4. To enter the Promotion, entrants must:
(1) go to the Promotion Website;
(2) validly complete the on-line registration form;
(3) read and accept these terms and conditions;
(4) write a ‘Thank You message’ and upload an electronic image (the image is not compulsory); and
(5) submit their thank you message (“Thank You Message”) by clicking on ‘Submit’.
5. The entrant may elect to send their Thank You Message to the person that they wish to thank (Thank You Recipient). The entrant will then be asked for the details of the Thank You Recipient. The Thank You Message will be sent to the Thank You Message Recipient by the entrant.
6. The Thank You Message must be the original work of the entrant.
7. All Thank You Messages uploaded to the Promotion Website will be reviewed and approved by the Promoter before they are posted on the Promotion Website for public access. The Promoter will decide which Thank You Messages are suitable for publication on the Website, in its absolute discretion. The Promoter may disqualify or refuse to allow the entry of a Thank You Message that includes (in the Promoter’s discretion) any offensive, insulting, defamatory or objectionable content or is not an original work.
8. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.
9. Entrants may enter the Promotion on the Promotion Website as many times as they want. Each entry must be a different Thank You Message, be submitted separately and be in accordance with the terms and conditions.
10. All valid entries will be displayed in the online gallery on the Promotion Website for an indefinite period.
11. The Promoter reserves the right to modify the winning Thank You Messages as necessary to facilitate commercial printing and reproduction requirements, without consultation with the winning entrants.
12. All valid entries will be judged based upon the following criteria: (1) the quality of the Thank You Message; (2) the content of the Thank You Message; (3) creative merit and originality; and (4) the appropriateness of the Thank You Message for display on Kleenex facial tissue boxes.
13. Winners will be notified by email.
14. All entries into the Promotion may be publically broadcast on participating Australian Radio Network websites and or stations as well as being added to an online gallery. Participating stations include Mix106.5 Sydney, 97.3Fm Brisbane, Mix101.1 Melbourne and Mix102.3 Adelaide.
15. Entries related to Mother’s Day and received before Friday May 10th may be entered in to a separate promotion governed by a specific set of Terms and Conditions which can be found here(link).
ARN Radio Prizes
16. ARN will encourage listeners (of ARN stations Mix101.1, Mix106.5, 97.3FM and Mix102.3 Adelaide) (“ARN Stations”) to participate in the Promotion from 12 midnight on Monday April 28, 2008, until 4pm on Friday May 9, 2008 (unless extended or withdrawn earlier by ARN in its absolute discretion). Minor prizes may be awarded to participants of The Thank You Project, these prizes will not exceed $150.00 in value nor will they exceed a total value of $5000.00
17. Promotional pointers will air during the Promotion Period directing listeners to ‘www.thethankyouproject’ to enter. Additional Promotion segments may be scheduled on ARN Stations in ARN’s discretion.
18. ARN will ask listeners to participate in the Promotion by registering online at the Promotion Website and submitting a Thank You Message. Entries must be in accordance with the terms and conditions set out above.
19. Winners will be chosen based on the originality and creativity of their entry, chance plays no part in the selection of the winner(s).
20. Each Thank-You Message submitted by an ARN Station listener will be judged by ARN, based on the criteria set out above in paragraph 13, as well as the following additional factors: (1) his/her delivery of the Thank You Message; (2) the appropriateness of the Thank You Message for on-air broadcast; and (3) the appropriateness of the Thank You Message for the brand-fit of the ARN Stations.
21. Those entrants whose entries are selected by ARN may be required to undertake an off-air interview screening with an ARN producer and be placed on a shortlist to be broadcast on an ARN Station. Not all interviews screened by ARN will qualify to proceed to on-air stage. Interviews will be broadcast at the absolute discretion of ARN.
22. It is not ARN’s policy to enter into negotiations with listeners or entrants who challenge a decision made by ARN.
23. Total prize pool for prizes to be given away on ARN Stations to entrants will not exceed AU$5000.00
24. Any special conditions associated with the prizes on offer will be announced on-air at the time of awarding the prize to the entrant. The conditions must be adhered to to claim the prize.
25. ARN will allocate prizes as part of this Promotion in their absolute discretion. The value of these prizes will be determined by ARN in its absolute discretion but will not exceed $5000.00 in value.
26. The entrant warrants that the Thank you Message is the original work of the entrant and does not infringe any third party’s intellectual property rights.
27. The entrant acknowledges that he/she is the author and sender of the Thank You Message sent to the Thank You Message Recipient by email. The entrant acknowledges and agrees that it will only send the Thank You Message to a Thank You Message Recipient that has consented to receiving the Thank You Message.
28. The Promoter reserves the right to validate and check the authenticity of entries and to disqualify any entrant for tampering with the registration process or who submits an entry that is not in accordance with these terms and conditions.
29. The entrant consents to the Promoter using its Thank You Message as the Promoter considers appropriate in its absolute discretion for the purpose of conducting the Promotion and or promoting ARN or KCA. By entering the Promotion, the entrant authorises the reproduction of its Thank You message in any publications of the Promoter, on the Promotion Website and in any form or media that the Promoter may choose.
Promotion Activities
30. By entering into the Promotion, each entrant acknowledges and agrees that they may be required by the Promoter, in its absolute discretion, to:
(1) participate in promotional activities for the benefit of the Promoter (including participating in a sound recording, television, photograph, video or film session); and
(2) that he or she will not, without the prior written consent of the Promoter (which may be given or withheld in its absolute discretion) participate in any other media activities, promotions or events for the purpose of or which involve discussion, commenting on, expressing a view or giving an account of the Promotion, the Promoter, its related bodies corporate or the operations of the Promoter (and agents);
(3) in promotional activities referred to in condition 20(1) above, express a positive view of the Promoter and its operations and refrain from expressing a negative or disparaging view of the Promoter, its related bodies corporate or agents or the operations of the Promoter or its agents; and
(4) participate in any news and media activities surrounding the Promotion. The Promoter reserves the right to use the winners’ Thank You Message and winners’ image and likeness for advertising and publicity purposes in connection with the Promotion and ARN and/or KCA.
General Conditions
31. The Promoter’s decision in respect of the selection of the winners is binding and conclusive and will not be challenged on the grounds that the Promoter failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. The Promoter’s decision will remain binding and conclusive notwithstanding that it can be demonstrated that the Promoter made a decision that was wrong, based on a factual error or an irrelevant or irrational consideration.
32. Entrants are responsible for any and all taxes payable as a result of a prize being awarded or received.
33. The Promoter is unable to control all internet communications, networks or lines and accepts no responsibility for any problems associated with them, for whatever reason. If, in the course of the Competition the server for the Promotion Website drops out or otherwise fails:
(a) the Promoter will not be liable for or accept any responsibility for any problems associated with the server failure; and
(b) the Promoter will not be responsible for awarding a prize to the relevant entrant as a result of the server failure.
34. The decision of the Promoter will be final and conclusive and no discussion or correspondence will be entered into, including in the event of a dispute. The prizes must be taken as offered and cannot be varied.
35. To the extent permitted by law, the Promoters and each of their agents, affiliates, sponsors and representatives are not responsible for any injury, loss or damage (whether foreseeable or not) arising out of or in connection with this Promotion or in connection with the receiving, taking or using any prize, whether caused by the negligence of any of the aforementioned or not, except for any liability which cannot be excluded by law.
36. All prizes are accepted entirely at the risk of the winner, and the Promoter excludes all warranties in connection with any prize (including representations as to merchantability and fitness for purposes) to the extent permitted by law.
37. Notwithstanding any other condition of these terms and conditions, the Promoter reserves the right to withdraw the Promotion at any time and for any reason whatsoever. To the extent permitted by law, the Promoter shall not be liable in any way or for any consequence of withdrawing the Promotion.
38. If for any reason this Promotion is not capable of running as planned, the Promoter reserves the right in its discretion to modify the terms of the Promotion including the prizes and these terms and conditions. Intellectual Property Acknowledgements
39. By entering this Promotion, The entrant acknowledge and agree that:
(1) they waive any rights in their Thank You Message and entry, including copyright, other intellectual property, moral rights, rights of privacy or confidentiality and rights in relation to their likeness, reputation and character;
(2) their entries will be displayed at the Finale Event and on a public outdoor broadcast;
(3) while the Promoter does not intend to broadcast the entrant’s full name and address, it is possible that the entrant’s identity may be identifiable to the general public or some members of it;
(4) agree to waive any rights in any photograph submitted to the Promotion;
(5) the Promoter has the right to use any materials generated in connection with an entrant’s participation in the Promotion and Thank You Message in any medium and in any manner it sees fit.
40. The winners agree to participate in any news media activities surrounding the Promotion. The Promoter reserves the right to use the winner’s name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity without additional compensation.
Privacy
41. All entries become the property of the Promoter.
42. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering into this Promotion, each entrant is taken to consent to the Promoter using the entrant’s personal information to administer the Promotion, announce the winners and disclose the information to organisations that assist the Promoter with administering the Promotion and announcing the winners and to third parties as required by law. Entry is conditional on providing this information.
43. By entering into this Promotion, entrants also consent to the Promoter using their personal information for future marketing purposes. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct their personal information to the Promoter. The Promoter may make the personal information available to third parties assisting the Promoter with this competition or to third parties conducting marketing activities on behalf of the Promoter. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, entrants are taken to consent to the Promoter’s privacy policy (which is available on the Promotion Website).
43. The Promoters are:
(1) Australian Radio Network Pty Ltd (ACN 065 986 987) of 3 Byfield Street, North Ryde NSW 2113, Tel (02) 8899 9999 (“ARN”);
(2) Kimberly-Clark Australia Pty Ltd (ABN 65 000 032 333) of 52 Alfred Street, Milsons Point NSW 2061 Tel (02) 9963 8888 (“KCA”), (jointly referred to as “the Promoter”).
Governing law
44. All matters relating to this Promotion Website are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia. The entrant irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and Australia.