Terms of Use

Campaign Winners

05.08.16 | Our Shout | Winner : Harry Brain, SA 

MutateYourself Terms of Use

By using the www.mutateyourself.com website and service you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

  1. You must be 13 years or older to use this site.

  2. You may not post nude, partially nude, or sexually suggestive photos.

  3. You must not modify, adapt or hack MutateYourself or modify another website so as to falsely imply that it is associated with MutateYourself.

  4. You must not crawl, scrape, or otherwise cache any content from MutateYourself including but not limited to user videos.

  5. You must not transmit any worms or viruses or any code of a destructive nature.

  6. You must not, in the use of MutateYourself, violate any laws in your jurisdiction (including but not limited to copyright laws).

General Conditions

  1. We reserve the right to modify or terminate the MutateYourself service for any reason, without notice at any time.

  2. We reserve the right to alter these Terms of Use at any time.

  3. We reserve the right to refuse service to anyone for any reason at any time.

  4. We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Proprietary Rights in Content on MutateYourself

  1. By creating and thus publishing any Content on or through the MutateYourself Service, you hereby grant to MutateYourself a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels.

  2. MutateYourself Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that MutateYourself may place such advertising and promotions on the MutateYourself Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

  3. You represent and warrant that: (i) you own the Content posted by you on or through the MutateYourself Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the MutateYourself Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the MutateYourself Services.

  4. MutateYourself performs technical functions necessary to offer the MutateYourself Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the MutateYourself Services.

Although the Site and other MutateYourself Services are normally available, there will be occasions when the Site or other MutateYourself Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of MutateYourself.

Also, although MutateYourself will normally only delete Content that violates this Agreement, MutateYourself reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by MutateYourself in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, MutateYourself encourages you to maintain your own backup of your Content. In other words, MutateYourself is not a backup service. MutateYourself will not be liable to you for any modification, suspensi

 

“#VDEADPOOL” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter, how to claim, the prize and gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
     
  2. Entry is only open to Australian residents aged 13 years or over. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
     
  3. The promotion commences on 05 February 2016 at 18:00 AEST and closes at 10:00 AEST on 08 February 2016(“Promotional Period”).
     
  4. To enter, individuals must, during the Promotional Period, follow instagram.com/venergyaus/ on Instagram (@venergyaus) and take a photograph of their best bottle selfie and then upload their image via Instagram, with the post containing both @venergyaus and the hashtag #VDeadpool. Entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed here: http://instagram.com/about/legal/terms/. For the avoidance of doubt, entrants’ profiles must be on public display and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for entry; 
     
  5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
     
  6. Incomplete or indecipherable entries will be deemed invalid.
     
  7. Limit on entries: Multiple entries are permitted, subject to the following: each entry must be submitted separately and in accordance with entry requirements;
  8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

  9. Entries will be judged by a panel at Soap Creative, 4.06 / 22 MOUNTAIN STREET ULTIMO. NSW 2007. AUSTRALIA at 11:30am AEST two (2) days after the closing date. The winners will be notified in writing on their Instagram entry within two (2) business days of the draw. It is the responsibility of the user, to supply the requested details in the method prescribed by the promoter in order to redeem prizing.

  10. The Promoter’s decision is final and no correspondence will be entered into

  11. Draw Prize/s and how each is awarded: The top twenty (20) entries deemed most creative by the panel will be awarded with the following prize pack:
     

    1. 1 x Deadpool Beanie mask

    2. 1 x Deadpool Bag

    3. 1 x Deadpool Can holder

    4. 1 x Deadpool Eye mask

      Prize value is $38.97

  12. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

  13. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a/the prize by the time stipulated by the Promoter, then the prize will be forfeited.

  14. Total prize pool value is up to $779.40.  Each prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.

  15. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

    1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

    2. their Content shall not contain viruses or cause injury or harm to any person or entity;

    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

    4. the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;

    5. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

    6. 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.

      Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  16. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

  17. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

  18. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

  19. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

  20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.

  21. This 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. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

  22. By entering the Promotion entrants are deemed to have accepted these Terms and Conditions and to have expressly consented to the use of their personal information for the purpose of the Privacy Act, Spam Act and other related privacy legislation. Entrants acknowledge and agree that the Promoter may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry into the Promotion is conditional on providing this information. The Promoter may, for an indefinite period, unless consent is withdrawn by the entrant, use an entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct their personal information to the Promoter. All entries into the Promotion become and remain the property of the Promoter. Personal information will only be used in accordance with the Promoter’s privacy policy available at www.frucor.com.au.

  23. The Promoter is Frucor Beverages (Australia) Pty Ltd (ABN 73 060 091 536) of 2/5 George Street  North Strathfield NSW 2137. Telephone: (02) 8762 0399.