â2017 TerraCycle & Garnier Recycled Playground Competitionâ
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
“2017 TerraCycle & Garnier Recycled Playground Competition” Official Rules THIS COMPETITION IS A GAME OF SKILL AND CHANCE PLAYS NO PART IN DETERMINING THE WINNER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. A PURCHASE WILL NOT ENHANCE YOUR ABILITY TO PARTICIPATE OR WIN THIS COMPETITION. THE ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. THIS COMPETITION IS INTENDED FOR PUBLIC AND PRIVATE PRESCHOOLS AND PUBLIC AND PRIVATE PRIMARY SCHOOLS IN AUSTRALIA ONLY AND WILL BE GOVERNED BY AUSTRALIAN LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN AUSTRALIA AT THE TIME OF ENTRY. PARTICIPATION IN THE COMPETITION (INCLUDING ANY INFORMATION FOUND ON THE PROMOTER’S WEBSITE) AND INFORMATION REGARDING PRIZES FORM PART OF THESE OFFICIAL RULES. BY PARTICIPATING IN THE COMPETITION, PARTICIPANTS WARRANT THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE OFFICIAL RULES. 1.
ELIGIBILITY:
The “2017 TerraCycle & Garnier Recycled Playground Competition” (“Competition”) is open to all public primary schools, private primary schools and all preschools (“Schools”) located in Australia (“Eligible Region”) and who participate in the Beauty Products Recycling Program (“Participating Recycling Program”) as indicated by their profile on www.terracycle.com.au. Officers and directors of TerraCycle, Inc. ("Promoter"), L’Oréal Australia (“L’Oréal”) and each of their respective parents, subsidiaries, affiliated companies and members, advisers, advertising, promotion, or production agencies, web masters/suppliers (and their dependents, immediate family members [spouse (including same sex spouse), parents, step-parents, children, stepchildren, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrant Schools and other participants agree to these
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
Official Rules and acknowledge and agree that the decisions of the Promoter and/or its independent judging agency shall be final and binding in all respects and no discussions or correspondence with entrants or any other person will be entered into. 1a. Specific Eligibility: All Schools in the Eligible Region shall be automatically enrolled in the Competition if they are an active member of the Participating Recycling Program according to their profile on www.terracycle.com.au (“Promoter’s Website”). Schools that have been deleted or are waitlisted to join the Participating Recycling Program are not deemed to be active members of the Participating Recycling Program. A School may sign up and participate in the Participating Recycling Program at no charge by visiting the Promoter’s website at www.terracycle.com.au and following the directions found there. For Schools with multiple accounts with the Promoter, they the same account must be used each time a Unit is shipped to the Promoter (so as to ensure all entries appear in a single account). Eligible Schools who have been automatically enrolled in the Competition may “opt out” of the Competition by contacting the Promoter’s customer support by email at [email protected]. 2.
COMPETITION PERIOD:
The Competition will run from October 9, 2017 at 9:00 am Australian Eastern Standard Time (“AEST”) to December 8, 2017 at 11:59 pm AEST (the “Competition Period”). 3.
TO ENTER:
Schools meeting the eligibility criteria set out in paragraph 1 above shall be automatically enrolled in the Competition. The objective of the Competition is for Schools in the Eligible Region who participate in the Participating Recycling Program to earn the most playground credits (“Playground Credits”). Playground Credits may be earned by Schools receiving votes from members of the public (each a “Vote” and collectively “Votes”) or by sending accepted beauty products (each a “Unit” and collectively “Units” as defined herein) to the Promoter through the Participating Recycling Program. One (1) Unit shall be defined as 22g of used postconsumer beauty products. Each Vote will earn one (1) Playground Credit and each Unit will earn one (1) Playground Credit. Voting will be open between 13 November, 2017 and 8 December, 2017 and Votes can be cast at www.terracycle.com/garnierplayground (“Competition Webpage”). There is a limit of one Vote per person (which person shall be identified by the “authorised subscriber” of the email account that has been used to place the Vote) per day. Email addresses entered on the Competition Webpage shall be subject to enduser validation. Email addresses will only need to be validated once during the Competition Period in order for all subsequent Votes to be counted. Automated or “scripted” Votes or email
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
addresses, or similar Votes or email addresses that reasonably appear to the Promoter to be automated, scripted or otherwise deceptive will be subject to disqualification by the Promoter. The Promoter’s reasonable judgment in such matters shall be final. Units may be sent through to the Promoter via the School’s TerraCycle account on the Promoter’s Website. Competition winners shall be determined by tallying the total number of Playground Credits earned by Schools within the Competition Period. All Votes must be submitted, and Units received and checked into the Promoter’s computer system, as visible on the School’s account profile located at www.terracycle.com.au, by December 8, 2017 at 11:59 p.m. AEST. 4.
DETERMINATION OF WINNERS:
All Schools who participate in the Participating Recycling Program within the Eligible Region shall have their Playground Credits tallied for the Competition by the Promoter. The School which receives the most Playground Credits will be declared the winner of the Competition (“Grand Prize Winner”). The Grand Prize Winner, having received the most Playground Credits, shall be awarded with the Grand Prize (as detailed below in paragraph 7) or, should the Grand Prize Winner not be able to receive the Grand Prize, then an alternative prize of equal value (“Alternative Prize”) chosen by the Promoter in its sole discretion shall be awarded to the Grand Prize Winner. The School which receives the second most Playground Credits will be declared the first runner up (“First Runner Up”) and shall receive the First Runner Up Prize (as detailed below in paragraph 7). The School which receives the third most Playground Credits will be declared the second runner up (“Second Runner Up”) and shall receive the Second Runner Up Prize (as detailed below in paragraph 7). The Grand Prize Winner, the First Runner Up and the Second Runner Run are herein referred to collectively as “the Winners”. 5.
TIE BREAKERS:
In the event that any of the Schools have an equal number of Playground Credits at the end of the Competition Period and there is a tie, then the total Votes received by the School will be used as a tie breaker in order to determine the Winners. All Competition determinations shall be made in the sole and absolute discretion of the Promoter and such decisions shall not be subject to further review or appeal by any School. 6.
NOTIFICATION:
The Competition Winners shall be notified by telephone, mail or email (using the contact detail submitted by the School when enrolling to participate in the Participation Recycling Program) on or around December 15, 2017 by a representative of the Promoter. The Winners will each be required to complete, sign and return a Liability Release and Indemnity Form [attached as Exhibit A herein] within seven (7) days of prize notification. If the Affidavit and Release are not
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
received by the Promoter by the date advised to the Winners or, or if any Winner is found to be ineligible or not in compliance with these Official Rules, or if any of the prize notifications or prizes are returned as undeliverable, then the prize in question, in its entirety, may be forfeited. 7.
PRIZES:
Competition Prizes shall consist of one (1) Grand Prize (or Alternative Prize where relevant), one (1) First Runner Up Prize and one (1) Second Runner Up Prize. a.
GRAND PRIZE: The Grand Prize Winner shall receive a playground made from recycled beauty product waste which is to be placed on the school premises of the Grand Prize Winner (approximate retail value of the Grand Prize is $45,000) (“Playground”).
b.
FIRST RUNNER UP PRIZE: The First Runner Up shall receive a $2,500 donation for their school and $500 worth of Garnier products.
c.
THE SECOND RUNNER UP PRIZE: The Second Runner Up shall receive a $1,000 donation for their school and $500 worth of Garnier products.
As part of the Competition and corresponding prize distribution to winners, all entrants agree as follows: (a)
that none of the prizes are transferable, redeemable or exchangeable for cash.
(b)
that they release the Promoter and L’Oréal from any and all liability associated with the installation and use of the Playground; and
(c)
that they indemnify and hold harmless the Promoter and L’Oréal and their subsidiaries, divisions and affiliates, and their respective employees, directors, officers, principals (partners, shareholders or holders of an ownership interest, as the case may be) and agents from and against any and all claims, demands or causes of action of every kind and character by the entrant and any third parties using the Playground arising from or in connection with the installation and use of the Playground. All winners agree to the terms stated in Exhibit A.
If a Winner cannot accept a prize as stated within ninety (90) days of notification, the prize may be forfeited, at the discretion of the Promoter, in its entirety and transferred to the next-in-line winner. All prizes claimed will be awarded. No substitution or transfer of any prize or election of cash in lieu of any prize by Winners will be permitted. The Promoter reserves the right to substitute any prize with a prize of equal or greater value if an advertised prize becomes unavailable or is unable to be installed at the Grand Prize Winner’s location. All unspecified
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
expenses are the responsibility of the Winners, including any and all costs or expenses that may be associated with the ongoing maintenance or operation of the Playground. Limit one (1) prize per School. Total value of all prizes is $49,500.00 (fulfillment and shipping of prizes is not included in total value). Any and all federal, state and local taxes pertaining to the ongoing operation of the Playground or its maintenance are the sole responsibility of the Winners. 8.
GENERAL:
In entering and participating in this Competition, Schools agree as follows: (a)
that the School warrants that it meets the entry eligibility criteria; and
(b)
that each of the Promoter and L’Oréal, and each of their respective parents, subsidiaries, affiliated companies and members, advisors and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) will have no liability whatsoever for, and are released and shall be held harmless by participants against, any liability for any injuries, losses or damages of any kind, to person(s), including death or property or violation of intellectual property or personal rights (such as, but not limited to, copyright, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize awarded as part of this Competition or participation in this Competition.
9.
PRIVACY:
As part of an individual’s participation in this Competition, the Promoter may be collecting personal data about individuals online. Such collection of personal information shall take place in accordance with the Promoter’s privacy policy. Please review the Promoter’s privacy policy at the Competition Webpage at www.terracycle.com.au/garnierplayground. By participating in the Competition, entrants hereby agree that any personal information they are providing is not sensitive information and entrants further agree to the Promoter’s collection and usage of their personal information and acknowledge that they have read and accepted the Promoter’s privacy policy. By entering the Competition, each School irrevocably grants the Promoter and L’Oréal and their successors, assigns, and licensees, the right to use the name of the School and photographs of the School in any and all media for any purpose, including without limitation, any advertising and promotion purposes, and each School hereby releases the Promoter and L’Oréal from any and all liability with respect thereto.
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
10. LIABILITY LIMITATIONS: The Releasees shall not be responsible for any lost, late, misdirected, incomplete, or nondelivered Votes or Units or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions or lines or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Votes or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Competition or otherwise attempt to undermine the legitimate operation of the Competition by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or the Promoter’s representatives, as solely determined by the Promoter, will be disqualified. Any use of robotic, automatic, macro, programmed or like methods of voting will void all Votes by such methods, and disqualify any entrant for which such Votes are cast. The Releasees and their respective agencies shall not be responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Competition or downloading materials from or use of the Competition Webpage. Should any portion of the Competition be, in the Promoter’s sole opinion, compromised by virus, worms, bugs, nonauthorised human intervention, technical failures or other causes which, in the sole opinion of the Promoter, corrupts or impairs the administration, security, fairness or proper play, or Playground Credits awarded entrant Schools, the Promoter reserves the right, at its sole discretion, to suspend, modify or terminate the Competition, and to select the winner based on Playground Credits received prior to such action having been taken or as otherwise deemed fair and appropriate by the Promoter. The Releasees and their respective agencies shall not be responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking or by any equipment or programming associated with or utilized in the Competition, and the Releasees assume no responsibility whatsoever for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of the Competition Webpage. In case of a dispute, the authorized subscriber of the e-mail account used to participate will be deemed to be the participant, and must comply with these Official Rules. The authorised account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning email addresses. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL COSTS OR PUNITIVE DAMAGES ARISING OUT OF ANY INDIVIDUAL’S ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE.
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. By entering the Competition, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an entrant’s rights and obligations, or the rights and obligations of the Promoter in connection with the Competition, shall be determined on an individual basis without resort to any class action status, and shall be governed by, and construed in accordance with, the laws of New South Wales, Australia. By entering the Competition, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Sydney, Australia. 11. PROMOTER: TerraCycle, Pty Ltd, 305/4-14 Buckingham St Sydney NSW 2010.
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
STATEMENT OF ELIGIBILITY, LIABILITY RELEASE AND INDEMNITY FORM Exhibit A
Please Type or Print Clearly:
I, (please print name) , on behalf of [School Name], being duly sworn, state I am at least 18 years of age or older and a legal resident of Australia.
[School Name] is
(Street Address)
(City/State/Postcode) Telephone Number (include area code)
(
)
I am signing and submitting this release with the understanding that it will be relied upon to confirm [School Name]’s eligibility to participate in the 2017 TerraCycle & Garnier Recycled Playground Competition (the “Competition”) and be awarded the playground prize (the “Playground”) or an alternative prize (“Alternative Prize”) of equal value. By signing below, I represent that I have the authority to execute this release and to bind [School Name], and I represent and agree to the following on behalf of [School Name]: 1.
[School Name] has complied with and will comply with all the rules, regulations and limitations of the Competition(“2017 TerraCycle & Garnier Recycled Playground Competition” Official Rules) and has perpetrated no fraud or deception in entering the Competition or claiming the Playground;
2.
[School Name] owns or has a long term lease for the land where the Playground is to be installed and, if any approval from any third party (including the Department of Education) or if any local permits, need to be obtained, [School Name] will obtain such approvals and/or permits at its own cost and expense;
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
3.
[School Name] has a grassy plot of land that is flat and measures at least 43 feet x 24 feet and that is, or will be at the time of installation, suitable and safe for installation and operation of the Playground; and
4.
[School Name] will, at its own cost and expense, maintain the Playground in good working order, will ensure that any repairs or replacement of parts is carried out in a timely fashion (having due regard for the safety of those that use the Playground) and will ensure at all times that it is safe for use until it is removed from our school location.
By participating in the Competition and accepting the Playground, we the [School Name], for ourselves, our heirs, successors and their assigns, executors and administrators, hereby (i) waive and release any and all rights and claims we may have against TerraCycle, L’Oréal Australia and each of their respective parents, subsidiaries, affiliated companies and members, advertising, promotion, or production agencies, web masters/suppliers and all of their respective officers, directors, employees, representatives, agents and assigns (collectively, the “Released and Indemnified Parties”), for any matter, cause or thing whatsoever with respect to or arising as a result of our participation in the Competition, including without limitation, any risks, injury, death, costs or claims relating to the Competition or the use or enjoyment of the Playground; and (ii) agree to accept all responsibility and liability for and arising from the use and maintenance of the Playground; and (iii) agree to defend and indemnify the Released and Indemnified Parties from and against any and all losses, liabilities, damages, actions, suits, demands or claims (including, without limitation, direct, indirect and consequential losses and any amounts paid in settlement and reasonable costs of investigation and reasonable legal fees and disbursements), arising out of or resulting from (a) the construction, installation, use or maintenance of the Playground and/or (b) the gross negligence, bad faith or intentional or willful misconduct of [School Name] or its employees, affiliates, representatives or agents.
[School Name] agrees that any and all taxes in any way associated with the prize it has won are its sole responsibility.
[School Name] hereby grants permission, where legal, for the use by TerraCycle and L’Oréal of its name, city, state and/or photograph for advertising and promotional purposes in conjunction with the Competition and similar promotions without compensation.
Sworn to and subscribed before me this ____ day of _______________, 2017.
[School Name]
By:
By: Title:
Witness Authorised to witness the Signing of a Statutory Declaration in Australia
Phone: 1800 983 324 www.terracycle.com.au
“2017 TerraCycle & Garnier Recycled Playground Competition” Official Rules THIS COMPETITION IS A GAME OF SKILL AND CHANCE PLAYS NO PART IN DETERMINING THE WINNER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. A PURCHASE WILL NOT ENHANCE YOUR ABILITY TO PARTICIPATE OR WIN THIS COMPETITION. THE ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. THIS COMPETITION IS INTENDED FOR PUBLIC AND PRIVATE PRESCHOOLS AND PUBLIC AND PRIVATE PRIMARY SCHOOLS IN AUSTRALIA ONLY AND WILL BE GOVERNED BY AUSTRALIAN LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN AUSTRALIA AT THE TIME OF ENTRY. PARTICIPATION IN THE COMPETITION (INCLUDING ANY INFORMATION FOUND ON THE PROMOTER’S WEBSITE) AND INFORMATION REGARDING PRIZES FORM PART OF THESE OFFICIAL RULES. BY PARTICIPATING IN THE COMPETITION, PARTICIPANTS WARRANT THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE OFFICIAL RULES. 1.
ELIGIBILITY:
The “2017 TerraCycle & Garnier Recycled Playground Competition” (“Competition”) is open to all public primary schools, private primary schools and all preschools (“Schools”) located in Australia (“Eligible Region”) and who participate in the Beauty Products Recycling Program (“Participating Recycling Program”) as indicated by their profile on www.terracycle.com.au. Officers and directors of TerraCycle, Inc. ("Promoter"), L’Oréal Australia (“L’Oréal”) and each of their respective parents, subsidiaries, affiliated companies and members, advisers, advertising, promotion, or production agencies, web masters/suppliers (and their dependents, immediate family members [spouse (including same sex spouse), parents, step-parents, children, stepchildren, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrant Schools and other participants agree to these
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
Official Rules and acknowledge and agree that the decisions of the Promoter and/or its independent judging agency shall be final and binding in all respects and no discussions or correspondence with entrants or any other person will be entered into. 1a. Specific Eligibility: All Schools in the Eligible Region shall be automatically enrolled in the Competition if they are an active member of the Participating Recycling Program according to their profile on www.terracycle.com.au (“Promoter’s Website”). Schools that have been deleted or are waitlisted to join the Participating Recycling Program are not deemed to be active members of the Participating Recycling Program. A School may sign up and participate in the Participating Recycling Program at no charge by visiting the Promoter’s website at www.terracycle.com.au and following the directions found there. For Schools with multiple accounts with the Promoter, they the same account must be used each time a Unit is shipped to the Promoter (so as to ensure all entries appear in a single account). Eligible Schools who have been automatically enrolled in the Competition may “opt out” of the Competition by contacting the Promoter’s customer support by email at [email protected]. 2.
COMPETITION PERIOD:
The Competition will run from October 9, 2017 at 9:00 am Australian Eastern Standard Time (“AEST”) to December 8, 2017 at 11:59 pm AEST (the “Competition Period”). 3.
TO ENTER:
Schools meeting the eligibility criteria set out in paragraph 1 above shall be automatically enrolled in the Competition. The objective of the Competition is for Schools in the Eligible Region who participate in the Participating Recycling Program to earn the most playground credits (“Playground Credits”). Playground Credits may be earned by Schools receiving votes from members of the public (each a “Vote” and collectively “Votes”) or by sending accepted beauty products (each a “Unit” and collectively “Units” as defined herein) to the Promoter through the Participating Recycling Program. One (1) Unit shall be defined as 22g of used postconsumer beauty products. Each Vote will earn one (1) Playground Credit and each Unit will earn one (1) Playground Credit. Voting will be open between 13 November, 2017 and 8 December, 2017 and Votes can be cast at www.terracycle.com/garnierplayground (“Competition Webpage”). There is a limit of one Vote per person (which person shall be identified by the “authorised subscriber” of the email account that has been used to place the Vote) per day. Email addresses entered on the Competition Webpage shall be subject to enduser validation. Email addresses will only need to be validated once during the Competition Period in order for all subsequent Votes to be counted. Automated or “scripted” Votes or email
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
addresses, or similar Votes or email addresses that reasonably appear to the Promoter to be automated, scripted or otherwise deceptive will be subject to disqualification by the Promoter. The Promoter’s reasonable judgment in such matters shall be final. Units may be sent through to the Promoter via the School’s TerraCycle account on the Promoter’s Website. Competition winners shall be determined by tallying the total number of Playground Credits earned by Schools within the Competition Period. All Votes must be submitted, and Units received and checked into the Promoter’s computer system, as visible on the School’s account profile located at www.terracycle.com.au, by December 8, 2017 at 11:59 p.m. AEST. 4.
DETERMINATION OF WINNERS:
All Schools who participate in the Participating Recycling Program within the Eligible Region shall have their Playground Credits tallied for the Competition by the Promoter. The School which receives the most Playground Credits will be declared the winner of the Competition (“Grand Prize Winner”). The Grand Prize Winner, having received the most Playground Credits, shall be awarded with the Grand Prize (as detailed below in paragraph 7) or, should the Grand Prize Winner not be able to receive the Grand Prize, then an alternative prize of equal value (“Alternative Prize”) chosen by the Promoter in its sole discretion shall be awarded to the Grand Prize Winner. The School which receives the second most Playground Credits will be declared the first runner up (“First Runner Up”) and shall receive the First Runner Up Prize (as detailed below in paragraph 7). The School which receives the third most Playground Credits will be declared the second runner up (“Second Runner Up”) and shall receive the Second Runner Up Prize (as detailed below in paragraph 7). The Grand Prize Winner, the First Runner Up and the Second Runner Run are herein referred to collectively as “the Winners”. 5.
TIE BREAKERS:
In the event that any of the Schools have an equal number of Playground Credits at the end of the Competition Period and there is a tie, then the total Votes received by the School will be used as a tie breaker in order to determine the Winners. All Competition determinations shall be made in the sole and absolute discretion of the Promoter and such decisions shall not be subject to further review or appeal by any School. 6.
NOTIFICATION:
The Competition Winners shall be notified by telephone, mail or email (using the contact detail submitted by the School when enrolling to participate in the Participation Recycling Program) on or around December 15, 2017 by a representative of the Promoter. The Winners will each be required to complete, sign and return a Liability Release and Indemnity Form [attached as Exhibit A herein] within seven (7) days of prize notification. If the Affidavit and Release are not
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
received by the Promoter by the date advised to the Winners or, or if any Winner is found to be ineligible or not in compliance with these Official Rules, or if any of the prize notifications or prizes are returned as undeliverable, then the prize in question, in its entirety, may be forfeited. 7.
PRIZES:
Competition Prizes shall consist of one (1) Grand Prize (or Alternative Prize where relevant), one (1) First Runner Up Prize and one (1) Second Runner Up Prize. a.
GRAND PRIZE: The Grand Prize Winner shall receive a playground made from recycled beauty product waste which is to be placed on the school premises of the Grand Prize Winner (approximate retail value of the Grand Prize is $45,000) (“Playground”).
b.
FIRST RUNNER UP PRIZE: The First Runner Up shall receive a $2,500 donation for their school and $500 worth of Garnier products.
c.
THE SECOND RUNNER UP PRIZE: The Second Runner Up shall receive a $1,000 donation for their school and $500 worth of Garnier products.
As part of the Competition and corresponding prize distribution to winners, all entrants agree as follows: (a)
that none of the prizes are transferable, redeemable or exchangeable for cash.
(b)
that they release the Promoter and L’Oréal from any and all liability associated with the installation and use of the Playground; and
(c)
that they indemnify and hold harmless the Promoter and L’Oréal and their subsidiaries, divisions and affiliates, and their respective employees, directors, officers, principals (partners, shareholders or holders of an ownership interest, as the case may be) and agents from and against any and all claims, demands or causes of action of every kind and character by the entrant and any third parties using the Playground arising from or in connection with the installation and use of the Playground. All winners agree to the terms stated in Exhibit A.
If a Winner cannot accept a prize as stated within ninety (90) days of notification, the prize may be forfeited, at the discretion of the Promoter, in its entirety and transferred to the next-in-line winner. All prizes claimed will be awarded. No substitution or transfer of any prize or election of cash in lieu of any prize by Winners will be permitted. The Promoter reserves the right to substitute any prize with a prize of equal or greater value if an advertised prize becomes unavailable or is unable to be installed at the Grand Prize Winner’s location. All unspecified
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
expenses are the responsibility of the Winners, including any and all costs or expenses that may be associated with the ongoing maintenance or operation of the Playground. Limit one (1) prize per School. Total value of all prizes is $49,500.00 (fulfillment and shipping of prizes is not included in total value). Any and all federal, state and local taxes pertaining to the ongoing operation of the Playground or its maintenance are the sole responsibility of the Winners. 8.
GENERAL:
In entering and participating in this Competition, Schools agree as follows: (a)
that the School warrants that it meets the entry eligibility criteria; and
(b)
that each of the Promoter and L’Oréal, and each of their respective parents, subsidiaries, affiliated companies and members, advisors and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) will have no liability whatsoever for, and are released and shall be held harmless by participants against, any liability for any injuries, losses or damages of any kind, to person(s), including death or property or violation of intellectual property or personal rights (such as, but not limited to, copyright, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize awarded as part of this Competition or participation in this Competition.
9.
PRIVACY:
As part of an individual’s participation in this Competition, the Promoter may be collecting personal data about individuals online. Such collection of personal information shall take place in accordance with the Promoter’s privacy policy. Please review the Promoter’s privacy policy at the Competition Webpage at www.terracycle.com.au/garnierplayground. By participating in the Competition, entrants hereby agree that any personal information they are providing is not sensitive information and entrants further agree to the Promoter’s collection and usage of their personal information and acknowledge that they have read and accepted the Promoter’s privacy policy. By entering the Competition, each School irrevocably grants the Promoter and L’Oréal and their successors, assigns, and licensees, the right to use the name of the School and photographs of the School in any and all media for any purpose, including without limitation, any advertising and promotion purposes, and each School hereby releases the Promoter and L’Oréal from any and all liability with respect thereto.
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
10. LIABILITY LIMITATIONS: The Releasees shall not be responsible for any lost, late, misdirected, incomplete, or nondelivered Votes or Units or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions or lines or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Votes or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Competition or otherwise attempt to undermine the legitimate operation of the Competition by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or the Promoter’s representatives, as solely determined by the Promoter, will be disqualified. Any use of robotic, automatic, macro, programmed or like methods of voting will void all Votes by such methods, and disqualify any entrant for which such Votes are cast. The Releasees and their respective agencies shall not be responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Competition or downloading materials from or use of the Competition Webpage. Should any portion of the Competition be, in the Promoter’s sole opinion, compromised by virus, worms, bugs, nonauthorised human intervention, technical failures or other causes which, in the sole opinion of the Promoter, corrupts or impairs the administration, security, fairness or proper play, or Playground Credits awarded entrant Schools, the Promoter reserves the right, at its sole discretion, to suspend, modify or terminate the Competition, and to select the winner based on Playground Credits received prior to such action having been taken or as otherwise deemed fair and appropriate by the Promoter. The Releasees and their respective agencies shall not be responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking or by any equipment or programming associated with or utilized in the Competition, and the Releasees assume no responsibility whatsoever for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of the Competition Webpage. In case of a dispute, the authorized subscriber of the e-mail account used to participate will be deemed to be the participant, and must comply with these Official Rules. The authorised account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning email addresses. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL COSTS OR PUNITIVE DAMAGES ARISING OUT OF ANY INDIVIDUAL’S ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE.
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. By entering the Competition, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an entrant’s rights and obligations, or the rights and obligations of the Promoter in connection with the Competition, shall be determined on an individual basis without resort to any class action status, and shall be governed by, and construed in accordance with, the laws of New South Wales, Australia. By entering the Competition, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Sydney, Australia. 11. PROMOTER: TerraCycle, Pty Ltd, 305/4-14 Buckingham St Sydney NSW 2010.
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
STATEMENT OF ELIGIBILITY, LIABILITY RELEASE AND INDEMNITY FORM Exhibit A
Please Type or Print Clearly:
I, (please print name) , on behalf of [School Name], being duly sworn, state I am at least 18 years of age or older and a legal resident of Australia.
[School Name] is
(Street Address)
(City/State/Postcode) Telephone Number (include area code)
(
)
I am signing and submitting this release with the understanding that it will be relied upon to confirm [School Name]’s eligibility to participate in the 2017 TerraCycle & Garnier Recycled Playground Competition (the “Competition”) and be awarded the playground prize (the “Playground”) or an alternative prize (“Alternative Prize”) of equal value. By signing below, I represent that I have the authority to execute this release and to bind [School Name], and I represent and agree to the following on behalf of [School Name]: 1.
[School Name] has complied with and will comply with all the rules, regulations and limitations of the Competition(“2017 TerraCycle & Garnier Recycled Playground Competition” Official Rules) and has perpetrated no fraud or deception in entering the Competition or claiming the Playground;
2.
[School Name] owns or has a long term lease for the land where the Playground is to be installed and, if any approval from any third party (including the Department of Education) or if any local permits, need to be obtained, [School Name] will obtain such approvals and/or permits at its own cost and expense;
TerraCycle Australia 305/4-14 Buckingham St Surry Hills NSW 2010
Phone: 1800 983 324 www.terracycle.com.au
3.
[School Name] has a grassy plot of land that is flat and measures at least 43 feet x 24 feet and that is, or will be at the time of installation, suitable and safe for installation and operation of the Playground; and
4.
[School Name] will, at its own cost and expense, maintain the Playground in good working order, will ensure that any repairs or replacement of parts is carried out in a timely fashion (having due regard for the safety of those that use the Playground) and will ensure at all times that it is safe for use until it is removed from our school location.
By participating in the Competition and accepting the Playground, we the [School Name], for ourselves, our heirs, successors and their assigns, executors and administrators, hereby (i) waive and release any and all rights and claims we may have against TerraCycle, L’Oréal Australia and each of their respective parents, subsidiaries, affiliated companies and members, advertising, promotion, or production agencies, web masters/suppliers and all of their respective officers, directors, employees, representatives, agents and assigns (collectively, the “Released and Indemnified Parties”), for any matter, cause or thing whatsoever with respect to or arising as a result of our participation in the Competition, including without limitation, any risks, injury, death, costs or claims relating to the Competition or the use or enjoyment of the Playground; and (ii) agree to accept all responsibility and liability for and arising from the use and maintenance of the Playground; and (iii) agree to defend and indemnify the Released and Indemnified Parties from and against any and all losses, liabilities, damages, actions, suits, demands or claims (including, without limitation, direct, indirect and consequential losses and any amounts paid in settlement and reasonable costs of investigation and reasonable legal fees and disbursements), arising out of or resulting from (a) the construction, installation, use or maintenance of the Playground and/or (b) the gross negligence, bad faith or intentional or willful misconduct of [School Name] or its employees, affiliates, representatives or agents.
[School Name] agrees that any and all taxes in any way associated with the prize it has won are its sole responsibility.
[School Name] hereby grants permission, where legal, for the use by TerraCycle and L’Oréal of its name, city, state and/or photograph for advertising and promotional purposes in conjunction with the Competition and similar promotions without compensation.
Sworn to and subscribed before me this ____ day of _______________, 2017.
[School Name]
By:
By: Title:
Witness Authorised to witness the Signing of a Statutory Declaration in Australia
