BONDS INDUSTRIES PTY LTD – BABY SEARCH 2012 COMPETITION

Conditions of Entry - Updated 20 Feb 2012

1. Information on how to enter and prizes form part of these Conditions of Entry. Registration for and/or participation in this competition is deemed acceptance of these Conditions of Entry. Acceptance of these Conditions of Entry is a condition of entry to this competition.
2. Entry to this competition commences at 12pm (midday) AEDT on Monday 06/02/12 and closes at 4pm AEDT on Wednesday 22/02/12 (Entry Period).
3. Entry to this competition is open to Australian residents with a child or grandchild aged from newborn to 2 years (i.e. no older than 2 years and 365 days as at 01/04/12) that fit a Bonds garment size 2 or less (eligible child). Employees of the Promoter and the Promoter’s suppliers and agencies associated with this Promotion (and those employees’ immediate families) are ineligible.
4. To enter the competition entrants must:
   1. Visit the Bonds Baby Search website (http://bonds.com.au/babysearch), register as an entrant, upload a photograph of their eligible child, fill in the entry form online and submit it to the Bonds Baby Search website; and
   2. Validate their entry in response to an auto generated email which they will receive at the time the online entry is submitted, during the Entry Period.
5. There will be two categories of entry:
   1. Babies aged from newborn to 9 months; and
   2. Children aged above 9 months but less than 3 years.
   The baby/child’s age is to be determined as at 1/04/12.
6. Entrants may only enter a photograph of their own child or grandchild and must be or have the approval of the child’s parent or legal guardian. Entrants must own the copyright of the photograph uploaded or otherwise be entitled to use the photograph in this way. An eligible child may only be entered once for the competition and any child depicted in an entry must be decently dressed and presented.
7. Entrants warrant and agree that, without limitation:
   1. they will not submit any material (including without limitation, the entry itself, images, answers to questions, posts or comments and whether on the Bonds Baby Search website or elsewhere in relation to this competition or any entrant or entry) (“Content”) that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children under 15, or otherwise unsuitable for publication;
   2. they will only submit Content which they have personally created or have the right to submit;
   3. their entry will not contain viruses or cause injury or harm to any person or entity;
   4. they have the approval of all parents and/or legal guardians of the child depicted in the entry;
   5. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;
   6. they have the full authority to grant to the Promoter the rights referred to in this document; and
   7. they will indemnify the Promoter against all costs and claims by third parties arising from a breach of the warranties contained in this document.
8. Entrants agree:
   1. they are fully responsible for the Content which they submit. The Promoter may, in its sole discretion, determine whether an entry will be posted, or remain posted on its websites. The Promoter reserves the right to vet or remove any Content at any time in its absolute discretion. However, The Promoter is not responsible for any Content uploaded to the site and visitors to the site view it at their own risk.Notwithstanding any decision by the Promoter to post Content on its website, the terms and warranties set out in these Conditions of Entry continue to apply;
   2. to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the Promoter with respect to the entries they submit and their use of the Promotion Website, and agree to indemnify and hold the Promoter, its officers, agents and affiliates harmless to the fullest extent allowed by law regarding all matters related to their use of the site;
   3. to report abuse, harassment, inappropriate content or privacy complaints by visiting customerservice@bonds.com.au. The Promoter reserves the right to remove any content from the Promotion Website without prior notice in its sole discretion, including if properly notified that such material infringes on another's intellectual property rights.
9. Children depicted in an entry do not need to be wearing Bonds branded apparel, however additional prizes will be available for entries in which the child is wearing a Bonds Zip Wondersuit garment. Entrants will need to tick a box on the entry form to inform the Promoter if the child is wearing a Bonds Zip Wondersuit garment.
10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants. Without limitation, entrants agree to provide a copy of the child’s birth certificate to the Promoter upon request. Promoter’s decision in relation to all aspects of the promotion is final and no correspondence will be entered into.

Daily prize – I’m wearing a Bonds Zip Wondersuit garment

20. Each week day from 23rd February to 21st March 2012 the Promoter will display a daily winner from all entries received in the Entry Period depicting a baby or child wearing a Bonds Zip Wondersuit garment (totaling 20 daily winners). This is a game of skill and chance plays no part in determining the daily winners. Each eligible entry will be individually judged by representatives of the Promoter based on the creative merit of the photograph included with the entry.
21. Each daily prize winner will receive a Bonds Baby Product pack having a retail value of AU $50.00 and the entered photo will be featured as the Bonds’ “profile pic” on the Promoter’s Bonds Bumps & Baby Facebook page for the remainder of the day. Daily winners will be notified individually by telephone and/or email using details provided in the entry form and the product pack will be sent to their nominated address within 4 weeks of winning.

Selecting the Short list and Finalists

22. A shortlist of entrants will be selected by the Promoter within the four weeks following the end of the Promotion Period. The shortlist will be announced on Wednesday 21 March 2012 at the Bonds Baby Search website. Shortlisted entrant’s may be asked to supply additional images of the depicted baby/child. From this shortlist, the Promoter will then select five finalists in each category (totaling 10 finalists). Of the five finalists in each category, at least one finalist in each category will be a baby or child wearing a Bonds Zip Wondersuit garment. This is a game of skill and chance plays no part in determining the finalists. Each entry will be individually judged by representatives of the Promoter based on the photograph included with the entry, any additional images that have been provided at the Promoter’s request and the suitability of the pictured child to represent the Promoter in future advertising and promotional campaigns.
23. In addition, there will be a people’s choice finalist for each category (totaling 2 finalists). The people’s choice finalist in each category will be the entry in the relevant category with the highest number of confirmed votes submitted online at www.bondsbabysearch.com.au from 23/02/12 to 16/03/12 inclusive (Voting Period). Visitors to the site may vote for their favourite entries during the Voting Period. For the vote to be counted, voters must also confirm their vote in response to an auto generated email which they will receive at the time the online vote is submitted. Visitors can vote a maximum of once per baby but may vote on multiple babies.
24. The twelve finalists (including those chosen by the Promoter and the two people’s choice finalists) will be announced on Wednesday 28 March 2012 at the Bonds Baby Search website. All twelve finalists will be notified individually by telephone and email using details provided in the entry form.

Finalist’s Prizes

25. The twelve finalists will each receive the following:
    • The chance to feature in and be part of the Bonds 2012 Baby advertising campaign to be created in April/May 2012 in Melbourne or Sydney (Shoot Location);
    • a Bonds Baby Product pack having a retail value of AU $250.00;
    • return economy flights from their nearest capital city to the Shoot Location, and one night’s accommodation for the child depicted in the selected entry and their parent or legal guardian (only for winners that do not live in the state in which the Shoot Location is located) in order to participate in the Promoter’s 2012 Baby Search photo shoot. Flights and accommodation will be organized by the Promoter with an airline and hotel of the Promoter’s choice. Meals and necessary transfers will be provided for the baby and their parent or legal guardian for the period of time that they are in the Shoot Location for the purposes of the Promoter’s photographic shoot. Travel insurance and transfers from the winner’s point of residence to their point of departure are not included, and any additional costs incurred are the responsibility of the winner;
    • an invitation to participate in the Promoter’s 2012 Baby Search photo shoot to be held in the Shoot Location on a date to be nominated by the Promoter between 4 April and 15 May 2012 with a photographer chosen by the Promoter.

Selection of Winners

26. A winner for each category (Winners) will be selected by the Promoter from the finalists who attend the Promoter’s 2012 Baby Search photo shoot. Each finalist will be individually judged by representatives of the Promoter based on their performance at the photo shoot and their suitability to represent the Promoter in future advertising and promotional campaigns. The two Winners will each hero in the Bonds 2012 baby advertising campaign. The two Winners will also receive a framed photograph (8x10 cm) of the winning baby/child. Further prints may be purchased from the photographer at the photographer’s standard rates.
27. The total prize pool is up to $20,000 as at 31 January, 2012.
28. Prizes will be awarded to the winning babies’ parent or legal guardian. Prizes are not transferable or exchangeable and cannot be taken as cash. All aspects of the prize must be taken together as a package. The air carrier’s standard terms and conditions of carriage apply and reward points cannot be earned on prize flights.
29. If for any reason, a finalist is not able to travel and/or participate in the Promoter’s 2012 Baby Search photo shoot on the date scheduled by the Promoter, the Promoter may at its discretion:
    1. disqualify the finalist (who will then forfeit all their prizes); and/or
    2. use only the other finalists in its 2012 Baby Search photo shoot, and/or
    3. select one of the other short-listed entrants as an additional finalist.
30. All entrants consent to the use of their name and the name and photographs of their child or grandchild at the Bonds Baby Search website and Bonds Bumps and Baby Facebook page for the purpose of promoting, publicising or marketing this competition including any outcome. If requested by the Promoter, finalists will sign a legal disclaimer on reasonable terms determined by the Promoter as a condition of taking any prize.
31. Entrants consent in the event they are a finalist and/or a Winner, to Bonds using any photographs taken at the Promoter’s 2012 Baby Search photographic shoot for the purposes of any advertising and promotion of the Promoter and its products. Such advertising and promotion may include, without limitation, use of photographs on product packaging, point of sale materials, catalogues, magazine and newspaper advertising, outdoor advertising, posters and internet advertising. All photographs and any related rights, including without limitation any intellectual property rights, become the property of the Promoter.
32. The prizes constitute the entire consideration payable by the Promoter in respect of the finalists and finalists’ babies’ participation in the Promoter’s 2012 Baby Search photographic shoot and any use (in perpetuity) of photographs entered or produced, including in subsequent marketing, advertising or promotional materials or campaigns. Without limitation, the finalists and finalists’ babies will not be entitled to any additional modeling fees, talent fees or other payment in respect of the photographic shoot or the use of their photographs by the Promoter. The Promoter shall have sole discretion in relation to the use of the finalists’ and Winners’ babies and the selection of photographs for its marketing, advertising and promotional campaigns. The Promoter also has the unlimited, perpetual right to use such photographs for internal non commercial purposes.
33. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. All taxes (excluding GST) which may be payable as a consequence of receiving the prize(s) are the sole responsibility of the finalists/winners.
34. If for any reason this Promotion is not capable of running as planned, including but not limited to tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserve the right in its sole discretion, subject to any written directions given by any relevant authority in each State and Territory, to cancel, terminate, modify or suspend the Promotion.
35. The Promoter may, in its sole discretion, disqualify any entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
36. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise.
37. The Promoter and 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) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
38. Any change in the value of the prizes occurring between the date of these terms and conditions and the date the prizes are claimed is not the responsibility of the Promoter.
39. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion and, in the case of the winners, in relation to the conduct of the Promoter’s photographic shoot and subsequent marketing campaigns. The Promoter may disclose Entrants’ personal information to contractors and agents to assist in conducting this Promotion, to communicate with Entrants and to State and Territory gaming authorities. Winners’ names will be published if required under the relevant lottery legislation. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can access their personal information by contacting the Promoters’ Privacy Officers at GPO Box 2370 Hawthorn LPO Hawthorn Victoria 3122 or at privacyofficer@pacbrands.com.au.
40. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
41. The Promoter is Bonds Industries Pty Ltd, a Pacific Brands Company of Level 1, 115 Cotham Road Kew ,Victoria 3101. ABN 21 000 022 426.