Conditions of Entry – Nando’s Coca-Cola “New Icon” Competition

1. Information on “how to enter” and prizes form part of conditions of entry. Participation in this promotion is deemed acceptance of these conditions of entry.

2. To enter, entrants must create an original design according to the required template, fully complete the official entry form online at www.nandos.com.au/newicon and upload their design, during the promotional period. You may enter as many times as you wish by uploading each original design separately.

Your entry must include no more than one JPEG or PDF image of your design. It must be:

• 72 dpi in resolution (please note, if you are selected as the winner, we will require your design in high resolution 300dpi for printing purposes).
• RGB in colour mode
• no bigger than 1MB in file size.

Designs must be provided to the following dimensions: 214mm x 214mm – allowing clear space for Coca-Cola logo and text as indicated on the competition template.

3. It may be necessary to adjust each entrant’s artwork to suit the printing process.

4. All entrants must submit ONLY their own original designs, copy and images (“Entry”) and the design, copy and images used in each Entry cannot have been previously published. Entries that are found to have been derived from the designs, copy or images of a third party will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The Winner may be required to sign a statutory declaration regarding the originality of the design. The Promoter reserves the right to take legal action against anyone found to have breached this term.

5. Entry is open to all residents of Australia between the ages of 12-30 years of age (inclusive). Employees and immediate families of the Promoter, Coca Cola, their associated companies and agencies are not eligible to enter. The Promoter is Nando’s Australia Pty Ltd, 453 Lygon Street North, East Brunswick, Victoria 3057 (ABN 20 079 066 407). In these conditions of entry, “Coca-Cola” means Coca-Cola South Pacific Pty Ltd of 71 Circular Quay East, Sydney, NSW 2000 ABN 50 003 029 794, and their parent, associated, and affiliated companies.

6. The competition commences on 23/07/2007 at 09:00 and closes on 30/09/07 at 17:00 AEDT. The Winner will be the entry which the judges believe is the most original and visually impactful representation of ‘happiness’ or ‘optimism’, and will be selected by a panel of judges at the Promoter’s premises w/c Monday 15 October. This competition is a game of skill, and chance plays no part in determining the outcome. The major prize Winner will be notified by telephone and the major prize Winner’s name will be published online at www.nandos.com.au

7. One (1) major prize Winner will have their design and autograph reproduced on the skin of a 385ml Classic Coca-Cola bottle, on sale in Nando’s outlets throughout Australia during 2008. The design may be produced on one or more variants of Coca-Cola products at Coca-Cola’s sole discretion. The outright Winner will also receive a 12 month individual subscription to DG Design Network valued at $75, a year’s supply of Nando’s (52 x regular meal vouchers valued up to $832 in total), $1,000 Apple merchandise voucher, a framed sample of the winning bottle and a professionally photographed sample of the winning bottle. Total retail value of the major prize is $1,907.

8. Five (5) runners-up will also be selected and each receive a year’s supply of Nando’s (52 x regular meal vouchers valued up to $832 in total), a 12 month individual subscription to DG Design Network valued at $75, Apple merchandise voucher to the value of $500 and a runner’s up certificate. Total retail value of each runners-up prize is $1407.

9. In consideration of the Promoter and Coca-Cola awarding the prize to the Winner, the Winner assigns to Coca-Cola all Ownership and rights including copyright in the submitted design (“Works”). The Winner acknowledges that Coca-Cola is free to use the Works and to exercise its rights in relation to the Works, without further approval from the Winner, and the Winner will not be entitled to a fee or other remuneration for such use. The Winner consents to any modification of the Works as may be required for the purposes of reproducing the works on the skin of a 385ml Classic Coca-Cola bottle and any other Coca-Cola products, and otherwise consents to Coca-Cola doing any thing which would otherwise infringe the moral rights of the Winner in relation to the Works.

10. All entries become the property of the Promoter and Coca Cola, and cannot be returned. By entering the competition, Entrants agree and understand that their Entry (including the design and any copy or images) may be used and published at the discretion of the Promoter and Coca-Cola, and may be used for promotional purposes without payment or credit to the entrant. A request to access or modify any information provided in an Entry should be directed to Promoter at the address set out in these conditions of entry.

11. Each entrant: (a) warrants that their Entry is his or her own work, (b) warrants that the Entry does not infringe the rights of any third party, and (c) agrees to indemnify the Promoter and Coca-Cola against all costs and claims by third parties arising from a breach of any warranty in these conditions of entry.

12. As a condition of accepting any prize, the major prize winner and runners-up (collectively “Winners”) must sign any legal documentation as and in the form required by the Promoter and/or Coca-Cola in their absolute discretion, including but not limited to a legal release and indemnity form. Entrants further agree to promptly do all further acts and execute and deliver all further documents to give effect to these conditions of entry in the event that they are a Winner.

13. Each entrant acknowledges and agrees that being selected as a winner does not represent or confer any endorsement or sponsorship by or affiliation with the Promoter or Coca-Cola. Each entrant agrees that it will not make reference to an Entry, the Promoter or Coca-Cola in a way that represents an endorsement by or sponsorship with the Promoter or Coca Cola.

14. The Promoter reserves the right in its sole discretion, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who the Promoter has reason to believe has breached any of these conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from that entrant are reserved. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

15. It is a condition of accepting a prize that the Winners must comply with all the conditions of use of the prize and the prize supplier’s requirements.

16. Any ancillary costs associated with redeeming the Nando’s vouchers and Apple merchandise vouchers are not included in any prize. Redemption of a voucher is subject to any terms and conditions issued by the Promoter and/or prize supplier, including those specified on the voucher.

17. The judges’ decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining the Winners. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries.

18. If for any reason this competition is not capable of running as planned including infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right to cancel, terminate, modify or suspend the competition. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to entrants or any other person’s computer or phone related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.

19. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these conditions of entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, and acts of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions.

20. The Promoter collects entrants’ personal information in order to conduct the competition and notify Winners. If the information requested is not provided, the entrant may not participate in the competition.

21. In participating in the prizes, the Winners agree to participate and co-operate as required in all editorial activities relating to the competition, including but not limited to being interviewed and photographed. Each Winner agrees to grant the Promoter a perpetual and non-exclusive licence to use such footage and photographs and their Entry in all media worldwide and the Winner will not be entitled to any fee for such use.

22. Except for any liability that cannot be excluded by law, the Promoter and Coca-Cola (including their respective officers, employees and agents) exclude 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 competition, 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 or Coca-Cola’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 or Coca-Cola; (d) any variation in prize value to that stated in these conditions of entry; (e) if Coca-Cola is unable to reproduce the major prize Winner’s Entry on its products for any reason beyond the reasonable control of the Coca-Cola; (f) any tax liability incurred by a Winner or entrant; (g) participation by an entrant; or (h) use of a prize.