#BalancedGoodness Challenge - Terms and Conditions
Application: These terms and conditions (“T&Cs”) relate to the #BalancedGoodness Challenge run by Fonterra Co-operative Group Limited (“Fonterra”) to encourage people to share a photo or a video balancing a glass of milk as a way to celebrate World Milk Day 2020. Agreeing to allow Fonterra to use the video, imagery and/or message contained in your social media or website post (in whole or part), identified using the hashtag #BalancedGoodness (“Post”) is deemed to be acceptance of and entry into these T&Cs. The rights contemplated by these T&Cs apply on a worldwide basis without limit in time and will be governed by New Zealand law.
Purpose: In consideration for the mutual promises contained in these T&Cs, you permit Fonterra to use the Post in its original and/or Fonterra edited form for any and all purposes, including for trade, promotion, advertising and commercial use or any other purpose in any media, whether or not in connection with Fonterra’s products (“Purpose”).
Agreement: You agree and undertake:
a) to the use of the Post for the Purpose but for no other purpose;
b) that you own the Post and all other rights in the Post or have the authority to act on the owner’s behalf. You warrant that the Post has not been copied and does not contain any third-party materials and/or content that you do not have permission to use;
c) to retain any copyright in the Post but provide Fonterra with an exclusive, irrevocable licence in perpetuity to have free and unfettered use of the Post for the Purpose, without further reference or compensation to you;
d) if requested by Fonterra, to provide a high-resolution copy of any imagery contained in the Post; and
e) to waive any right to inspect or approve the product, advertising copy or other material that the Post is used in connection with.
Adverse Use: Fonterra undertakes that it will not use the Post in any manner or context that might reflect adversely upon you or cause any distress or embarrassment and likewise, you agree not to do or say, or omit to do or say anything (directly or indirectly) in connection with the Post that will reflect adversely on Fonterra.
Use of Information: You do not object to Fonterra storing copies of the Post for the Purpose and storing your contact details in accordance with the Privacy Act 1993, in case we need to contact you, or the information is otherwise required for the Purpose. You agree to the use of your name, social media username and/or image by Fonterra for any marketing or publicity purposes.
Liability: You agree that subject to any applicable laws which cannot be excluded, Fonterra, together with its employees and agents, will not be liable for any loss, damage or injury of any nature incurred or suffered by any person (including but not limited to direct or consequential loss or loss arising from negligence) arising directly or indirectly out of or in connection your participation in this campaign.
Sponsorship: You are aware that the campaign is in no way sponsored, endorsed or administered by, or associated with, Instagram™, Twitter™ or Facebook™ or any other social media platform.
Prizes: There will be ten prize winners drawn, on 01/06/2020 at 109 Fanshawe Street, Auckland at 17:00. Each winner will receive one Fonterra miniature tanker. Prizes cannot be varied and are not transferable or redeemable for cash.
Notification: Winners will be notified by a message via social media. If the winner has not responded within 24 hours another draw will take place on 02/06/2020 at 109 Fanshawe Street, Auckland at 17:00.
How to enter: To enter, you must, upload a Post to any of the following social media platforms: Facebook, Instagram, Twitter. Fonterra reserves the right to discount any entry into the #BalancedGoodness Challenge (in Fonterra’s sole discretion). Fonterra takes no responsibility for lost, damaged, misdirected, late or illegible entries or any entries that for whatever reason, are not received by Fonterra or are incomplete.
Liability in relation to prizes: To the maximum extent permitted by law, Fonterra and its related companies shall not be liable for any loss, damage, or personal injury whatsoever by or to any person in connection with #BalancedGoodness Challenge or with winning or benefiting from a prize.