#CLOWNINGFORKIDS CAMPAIGN TERMS & CONDITIONS The following are terms and conditions for the #clowningforkids social fundraising campaign. 1. The campaign promoter is the Commonwealth Bank of Australia, ABN 48 123 123 124, of Ground Floor, Darling Park Tower 1, 201 Sussex Street Sydney NSW 2000. Telephone: 13 2221 (the “Campaign Promoter”). 2. The campaign commences on 18 March 2015 at 09.00 AEDT and closes on 2 April 2015 at 23.59 AEDT (the “Campaign Period”). 3. Commonwealth Bank is running a social fundraising campaign to support The Humour Foundation and their Clown Doctors program. 4. Members of the public will be asked to share a ‘silly-selfie’ – a photo of themselves pulling a funny face accompanied by the hashtag #ClowningForKids, on Instagram, Twitter or their publically visible Facebook account. For each image accompanied by #ClowningForKids, Commonwealth Bank will donate $5 to The Humour Foundation. 5. Iterations of #ClowningForKids including #Clowning4kids, #clowningforkids, #clownforkids, #clown4kids and any other case sensitive version of the above will be accepted by the campaign. 6. From Tuesday 24 March 06.00 AEDT until Tuesday 31 March 20.00 AEDT, CommBank will also donate $5 to The Humour Foundation for every photo taken at the JCDecaux interactive selfie installation in Martin Place, Sydney. 7. Information on submissions and fundraising set out in all communications regarding the Commonwealth Bank of Australia’s “#ClowningForKids” campaign (the “campaign”) form part of these Conditions of Entry. Any entry not complying with these Conditions of Entry is invalid. Entry into this campaign is deemed as acceptance of these Conditions of Entry. 8. By participating in the campaign, you agree to these terms and conditions. 9. We reserve the right to exclude your submission, if: a. We cannot access your picture b. Your submission contains inappropriate or offensive content as deemed so by Commonwealth Bank representatives. 10. There is no limit to the number of entries that can be submitted per individual. 11. Each entrant licences the Campaign 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. So for each submission you: a. Must be the photographer of the picture and the author of any other content in your submission; b. Grant us permission to re-share any content in your submission including a perpetual, royaltyfree and worldwide license to use any works under the Copyright Act; and c. Agree to waive moral rights in any works under the Copyright Act. d. Each entrant warrants to the Campaign Promoter that each photo submitted is an original work of the entrant and that it does not infringe the rights of any third party. Entrants agree to indemnify the Campaign Promoter against all costs and claims by third parties arising from a breach of this warranty. 12. For each acceptable entry received, the Campaign Promoter will add $5 towards the donation total, which at the end of the campaign will be donated to The Humour Foundation. 13. The total amount the Campaign Promoter will donate to The Humour Foundation (ABN 14 073 675 457) for the campaign will not exceed $200,000 or alternatively will be capped at the amount raised at the end of the campaign period. 14. If for any reason the campaign is not capable of running as planned (including, but not limited to being due to infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Campaign Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this campaign promotion), the Campaign Promoter may take any action that may be available including cancelling, terminating, modifying or suspending the campaign. The Campaign Promoter reserves the right in its sole discretion to disqualify any entrant who tampers with the submission process. 15. The Campaign Promoter is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website, or any combination thereof (including, but not limited to) any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading any materials in this campaign. 16. Any cost associated with accessing the campaign website or any promotional asset is the entrant’s responsibility and is dependent on the Internet service provider used. 17. Nothing in these Conditions of Entry 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Campaign 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 Campaign. 18. Except for any liability that cannot by law be excluded, including the Non-Excludable. Guarantees, the Campaign 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 Campaign Promoter’s control); (b) any theft, unauthorised access or third party interference; 19. These Conditions of Entry shall be governed by the laws of New South Wales and each entrant agrees to submit to the non-exclusive jurisdiction of New South Wales.
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