Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 18 years or over who own a cat or dog ("Pet Owners").
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.
The Promoter reserves the right, at any time, to verify the validity of: (a) entries; (b) Pet Owners (including a Pet Owner's identity, age and place of residence); (c) registered cats and dogs; and (d) voters and to disqualify any Pet Owner or voter who submits an entry or vote that is not in accordance with these Terms and Conditions or who tampers with the entry or voting process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable or illegible registrations or activities will be deemed invalid.
Only cats and dogs can be entered into this promotion. Registrations for any other species of animal will not be accepted.
Only one registration is permitted per cat or dog.
Individuals are not permitted to submit a vote for their own registered cat or dog.
Individuals are only permitted to submit one (1) 'How Cute Am I' vote and one (1) 'Candidate' vote for each registered cat or dog.
Registered cats can only join 'cat groups' and registered dogs can only join 'dog groups'.
When submitting a comment in a group, each Pet Owner can post up to three (3) consecutive comments in each group for each registered cat or dog in their profile.
When submitting a post in a debate, each Pet Owner can post up to two (2) consecutive comments in each debate for each registered cat or dog in their profile.
When uploading a picture of their registered cat or dog, Pet Owners can upload up to ten (10) pictures per gallery per day for each registered cat or dog in their profile. Each picture can only feature the registered dog or cat and no other animals.
Pet Owners can only participate in each multiple choice quiz featured on the promotional website once for each registered cat or dog in their profile.
When creating a web banner, Pet Owners can create up to three (3) web banners per day for each registered cat or dog in their profile.
When creating a poster, Pet Owners can create up to three (3) posters per day for each registered cat or dog in their profile.
If there is a dispute as to the identity of a Pet Owner (including a dispute as to who actually owns a registered cat or dog) or a dispute as to the identity of a registered cat or dog, the Promoter reserves the right, in its sole discretion, to determine the identity of the Pet Owner (and/or the actual owner of the cat or dog) or the registered cat or dog.
Pet Owners can only enter their own cat or dog. In the event that an individual enters a cat or dog that does not belong to them, the registration and any associated points will be declared invalid.
The promotion commences on 22/06/09 and closes at 11:59pm AEST on 30/09/09.
The Winning Cat and Dog
Points will be allocated to each registered cat or dog (as indicated in the ‘How to Enter' section) and a final points tally for each registered cat or dog will be determined as follows:
(Total of Activity Points) + (Total of Vote Points x 2) = Total Score
The three (3) cats and the three (3) dogs with the highest Total Score in each State and Territory will go through to the final judging stage.
The cats and dogs that make it through to the final judging stage will be judged by Dr. Katrina Warren and a panel of judges, including a talent agent, a marketing expert and an advertising agency representative. The judging panel will consider each finalist cat and dog based on: (a) the various activities conducted throughout the promotional period; (b) the comments/posts submitted throughout the promotional period; and (c) the photograph(s) uploaded during the promotional period, in order to select one winning cat and one winning dog.
The winning cat and dog will each have the opportunity to star in an Advocate national advertising campaign. At the absolute discretion of the Promoter, this may include appearances in a TV commercial(s), print advertisement(s), and other promotional material.
In order to participate in the Advocate national advertising campaign, the Pet Owner of the winning cat or dog and the winning cat or dog will be required to travel to Sydney on a date to be determined by the Promoter in consultation with the Pet Owner.
If the winning Pet Owner is not from Sydney, the Promoter will provide return economy airfares for the Pet Owner and their winning pet from the winning Pet Owner's nearest capital city. Spending money, accommodation (if required), meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges, any costs associated with transporting the winning dog or cat and all other ancillary costs are not included.
This prize is valued at up to $3,000, including flights and accommodation (if required) depending on departure point and travel dates.
By registering their dog or cat in this promotion, Pet Owners agree to have their dog or cat appear in an Advocate national advertising campaign and accept that there will be no payment or remuneration whatsoever given for this appearance.
Pet Owners warrant that their cat or dog has a suitable temperament and is in sufficient health and physical condition to appear in an Advocate national advertising campaign and agrees to indemnify the Promoter, or any representative of the Promter for any loss, damage, or injury which is suffered or sustained in conjunction with their cat or dog appearing in the Advocate national advertising campaign.
In the unfortunate event that a winning cat or dog dies or becomes ill before they have the opportunity to appear in the Advocate national advertising campaign, the prize (and all associated aspects of the prize) will be forfeited by the Pet Owner and no compensation will be offered.
The judging panel may select reserve cat(s) and dog(s) which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible cat or dog.
The Pet Owner of the winning cat and dog will be notified by telephone and mail.
It is a condition of accepting the prize that the Pet Owner of the winning cat and dog sign an agreement, in a form determined by the Promoter in its absolute discretion, setting out the obligations of the winning dog or cat (whichever is applicable), with respect to participation in media activities, photographic sessions, and other media related marketing, advertising, promotional and/or publicity activities, as required by the Promoter. The Promoter will determine, in its absolute discretion, the nature and level of involvement and media exposure for the winning cat and dog. The Promoter reserves the right to exclude a winning dog or cat from a particular media or publicity related activity and/or elect not to pursue a particular marketing, advertising, promotional and/or publicity activity using a winning dog and/or cat.
Early Registration Prizes
The first 3,000 Pet Owners to validly register their cat or dog (including uploading a photo of their cat or dog) will receive a personalised membership pack consisting of a letter, a membership card, a fridge magnet, and a bumper sticker valued at $10. This prize is strictly limited to the first 3,000 Pet Owners to validly register their cat or dog.
Multiple Choice Quiz Prizes
There will be twelve (12) multiple choice quizzes available on the promotional website for Pet Owners to participate in throughout the promotional period. Each multiple choice quiz consists of three (3) questions. Each Pet Owner that gets all three (3) questions correct will be entered into a prize draw.
All prize draws will take place at LOUD, 6/41 McLaren Street, North Sydney, NSW, 2060, on the dates and times (AEST) specified in the table below. Entries in each prize draw will not be entered into any subsequent prize draws. Winning Pet Owners will be notified by mail.
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Draw
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Entries close
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Draw date/time
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1
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11:59pm on 15/07/09
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17/07/09 at 3pm
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2
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11:59pm on 22/07/09
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24/07/09 at 3pm
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3
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11:59pm on 29/07/09
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31/07/09 at 3pm
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4
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11:59pm on 05/08/09
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07/08/09 at 3pm
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5
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11:59pm on 12/08/09
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14/08/09 at 3pm
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6
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11:59pm on 19/08/09
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21/08/09 at 3pm
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7
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11:59pm on 26/08/09
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28/08/09 at 3pm
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8
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11:59pm on 02/09/09
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04/09/09 at 3pm
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9
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11:59pm on 09/09/09
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11/09/09 at 3pm
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10
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11:59pm on 16/09/09
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18/09/09 at 3pm
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11
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11:59pm on 23/09/09
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25/09/09 at 3pm
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12
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11:59pm on 30/09/09
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02/10/09 at 3pm
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Pet Owners can only participate in each multiple choice quiz featured on the promotional website once for each registered cat or dog in their profile.
The first valid entry drawn in each prize draw will receive an Advocate 6 pack for their pet consisting of 6 pipettes of Advocate valued at up to $129.85, depending on the size of the pet.
A draw for any unclaimed Multiple Choice Quiz Prizes may take place on 7 January 2010 at 3pm at LOUD, 6/41 McLaren Street, North Sydney, NSW, 2060, subject to any directions from a regulatory authority.
General Conditions
The Promoter's decision is final and no correspondence will be entered into.
If for any reason a winning Pet Owner does not take or redeem a prize or an element of a prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to the written directions of a regulatory authority, where necessary.
Total prize pool value is $34,558.20.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
Pet Owners that submit comments, recordings and images ("Content"), unless the Promoter advises otherwise, license and grant 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Pet Owners agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Pet Owners agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content, to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Pet Owners warrant and agree that: (a) 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; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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, Pet Owners agree to indemnify the Promoter for any breach of the above terms.
All entries (which shall include photographs) submitted become the property of the Promoter. Entries will not be returned to any Pet Owner. As a condition of entering into this promotion, each Pet Owner licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each Pet Owner warrants to the Promoter that each entry submitted is an original artistic or literary (whichever is applicable) work of the Pet Owner that does not infringe the rights of any third party. The Pet Owner agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Pet Owners consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
Pet Owners consent to the Promoter using their name, likeness, image and/or voice and their cat's or dog's name, likeness and/or image (including photograph, film and/or recording of the same) in the event that their cat or dog is selected as a winner in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Pet Owner or voter; or (b) subject to the written directions of a regulatory authority, where applicable, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the Pet Owner's or individual's responsibility and is dependent on the Internet service provider used.
The use of any automated entry software or any other mechanical or electronic means that allows an individual to vote or otherwise participate in any element of this promotion repeatedly is prohibited and will render all entries, activities and/or votes submitted by that individual invalid.
Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 or prize claim 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 winning Pet Owner or a Pet Owner in general; or (f) use of a prize.
As a condition of accepting any prize in this promotion, winning Pet Owners may be required to sign legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
The Promoter collects 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 is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Pet Owner. Pet Owners should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
The Promoter is Bayer Australia Limited of 875 Pacific Highway, Pymble NSW 2073. A.B.N. 22 000 138 714, Ph (02) 9391 6000.
NSW Permit No. LTPS/09/5511 ACT Permit No. TP09/2351 SA Permit No. T09/1437