TERMS AND CONDITIONS

GENERAL

In these terms and conditions “Novartis” means Novartis Pharmaceuticals Australia.
Information on how to enter and prizes form part of the terms and conditions of entry. Entry into the competition is deemed acceptance of these conditions of entry.
All entries are via liveandlove.com.au.
Entries must be submitted by Friday 24 September 2010 at 11.59 pm AEST.
Incomplete or incomprehensible entries will be deemed ineligible.
This is a Game of Skill and chance plays no part in determining the winners.

LOGISTICS

How to enter

  • The competition commences on Monday 9 August 2010 at 12.00 pm AEST and all entries must be received before Friday 24 September 2010 at 11.59 pm AEST.
  • Entrants must provide the following details when entering the Competition: full name, telephone number, address, e-mail address, and declaration that you agree with these terms and conditions.
  • In addition to the above details, entrants will have the option of providing additional information including film making background, digital identifiers such as twitter id, facebook links, blog URLS’s etc. If this information is provided as part of the entry it may be published on liveandlove.com.au in association with the film entry.
  • The decision of Novartis to accept or reject an entry is final. No correspondence will be entered into.
  • Novartis reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions. Novartis reserves the right to request from entrants any information or documentation that it reasonably believes is required to verify that the entry has been made in accordance with these terms and conditions.

Format

  • Film entries must be a maximum of 30 seconds in duration and must not exceed 2 GB in size. The film must be in one of the following formats:
  • WebM files (Vp8 video codec and Vorbis Audio codec)
  • MPEG4, 3GPP and MOV files – (typically supporting h264 and mpeg4 video codecs and AAC audio codec)
  • AVI (Many cameras output this format – typically the video codec is MJPEG and audio is PCM)
  • MPEGPS (Typically supporting MPEG2 video codec and MP2 audio)
  • WMV
  • FLV (Adobe – FLV1 video codec, MP3 audio)

Who can enter

  • Entry is open to all Australian residents who are aged 18 years and over.
  • All entrants agree to provide Novartis with identification and/or proof of age if selected as a winner or if reasonably requested by Novartis.
  • Employees of Novartis, its related companies, agencies associated with this competition, their immediate families and medical practitioners are not eligible to enter the competition.
  • Group entries are permissible however, in the event that they are a winner only one prize will be awarded to the group. In addition, if a group entry is a finalist the prize will be presented to the group, and not per person.
  • There is no limit on the number of entries per person, but each entry must be submitted separately and must be in accordance with these terms and conditions.

JUDGING & PRIZES

How the judging will be conducted

  • There will be two categories of winners – the “Judges Choice” and the “People’s Choice”.
  • All entries will be viewed and judged by a judging panel selected by Novartis. Judging will commence on 25 September 2010. The judging panel will select 5 finalists. The finalists will be notified by email and/or phone by 1 October 2010.
  • Competition judges are nominated at the discretion of Novartis. The judging panel’s decision is final and no correspondence will be entered into.
  • Films will be judged on the following criteria: creativity, effectiveness at communicating film topic, originality, film quality.
  • At the time of judging the judging panel will select 1 overall winner who will win the “Judges Choice” prize. This will be one of the finalists. The winner of the “Judges Choice” prize will not be announced at this time, but will be announced at the finals event to be held on 19 October 2010 (refer below).
  • The “People’s Choice” award will be awarded to 5 entrants with the highest number of public votes. Each of these entrants will be presented with $1,000 (one thousand dollars) cash (awarded in the form of a cheque).
  • In the event that two or more entries receive the same number of public votes, the judging panel will determine the winner of the “People’s Choice” award from those entries with the highest number of votes. Entries are eligible to win both the “Judges Choice” prize as well as the “People’s Choice”.
  • Only one vote per person per day is permitted. Entrants are permitted to use their vote to vote for their own entry. Any suspected fraud, vote rigging, or tampering with the voting process by any means will result in affected votes being nullified.
  • Winners of the “Judges Choice” and the “People’s Choice” awards will be announced at the at the finals event to be held on 19 October 2010 (refer below).
  • Any entry that does not, in the opinion of the judges, comply with these terms and conditions of entry (including any content requirements below) or that contains information that is not medically or ethically correct may be disqualified.

Prizes

“Judges Choice” winner:

The “Judges Choice” prize winner will be awarded $10,000 (ten thousand dollars) cash (awarded in the form of a cheque).

In the case of group entries the prize will be awarded to the person nominated on the entry form as the group leader.

“People’s Choice” prizes:

Five “People’s Choice” prize winners will each be awarded $1,000 (one thousand dollars) cash (awarded in the form of a cheque).

In the case of group entries only one prize will be awarded, and this will be awarded to the person nominated on the entry form as the group leader.

Finals Event

  • Winners will be announced at a finals event to be held on 19 October 2010 at [TBD]. All of the finalists’ entries will be screened at the finals event prior to the announcement of the winners.
  • Finalists will each receive a double pass to the finals event.
  • For finalists who live outside the Sydney Metropolitan area, Novartis will book and pay for: an economy class return ticket to Sydney and one night’s accommodation in a venue of Novartis’ choosing. Novartis will also present the finalists with $150.00 (one hundred and fifty dollars) cash, awarded in the form of a cheque by way of contributing to the cost of food and beverages for one day’s stay in Sydney. In the case of group entries only one prize will be awarded, and this will be awarded to the person nominated on the entry form as the group leader.
  • Minors must be accompanied by their parent/guardian at all times.

CONTENT

Topics

Approved topics for films are:

  • One of the nine key messages (outlined in the film brief) on HSV

OR

  • Your own message on HSV as long as it is medically correct and/or does not violate any other terms and conditions.

General Requirements Regarding Content

  • Videos must be based on one of the above topics
  • The video must not have been previously published in any media, for example on YouTube, other than for the competition.
  • The video must not contain any material that is libellous, defamatory, obscene, indecent, harassing or threatening or is otherwise unlawful. The film must not contain material that would be likely to cause the film to be classified M or a higher classification. A copy of the Guidelines for the Classification of Films and Computer Games can be found at FCGGuidelines2005.pdf
  • The content of the film must comply with the following requirements:
  • factual information must be current, accurate and balanced;
  • the film must not focus on any particular product and must not make reference to any specific prescription product;
  • the film must not promote treatments or treatment options;
  • the focus of the film should be on the condition and its recognition rather than on treatment options;
  • the film should focus on the key characteristics of the disease, and convey the key aspects of the disease in a realistic manner and must not spread alarm; and
  • the language used in the film should be designed to convey key messages clearly.
  • Novartis reserves to right to edit and amend entries as it sees fit for any reason whatsoever.
  • Videos must comply with any additional requirements referred to in the Brief.
  • Any videos that do not meet the above criteria will be disqualified, although Novartis reserves the right in its sole discretion, permit entries that do not comply with the above entries, where it considers it appropriate to do so.

Privacy and copyright considerations

  • Entrants may only submit content that is their original work and does not violate or infringe (or reasonably be expected to violate or infringe) upon the legal rights of any other person including material which is protected by copyright, trademark or other intellectual property rights, including moral rights.
  • By accepting these Terms and Conditions you warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other legal rights of any third party, including moral rights, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening or otherwise unlawful.
  • By accepting these Terms and Conditions, you warrant that all information submitted by you is true, current and complete.
  • In consideration of Novartis agreeing to consider your entry into to the Competition each entrant assigns to Novartis all intellectual property rights and all other rights in any entry, which shall be for the full period of copyright. Novartis shall be free to assign such rights to third parties.
  • Entrants irrevocably waive any and all moral rights they have in their entry, and consent to Novartis doing or failing to do any act in relation to the entry that may, except for this clause, infringe the entrant’s moral rights in the entry.
  • Entrants must obtain consent to appear in the film and enter this promotion from all persons appearing in or otherwise identified in an entry. Where a person is under the age of 18 years of age the consent of that person’s parent or guardian must also be obtained.
  • Novartis may seek evidence of compliance with the above requirements and/or written confirmation from an entrant (or in the case of group entries, entrants) that they understand and agree to the above requirements before an entry is accepted or a prize awarded.

INDEMNITY

  • By entering this promotion entrants agree to indemnify Novartis against all loss, damage, costs (including legal costs on a solicitor and own client basis) or liability whatsoever suffered or incurred by Novartis, arising out of or in connection with or related to the entrant’s breach of these terms and conditions (including the content requirements).
  • Novartis may require entrants sign a written indemnity before an entry is accepted or a prize awarded.

MISCELLANEOUS

  • Novartis reserves the right to cancel the competition if Novartis determines, in it’s sole discretion, that there are an insufficient number of entries submitted for the competition or the entries submitted are of insufficient quality or otherwise do not comply with these terms or conditions.
  • In the event of technical malfunction or any other matter that interferes with or has the potential to interfere with the proper conduct of the promotion, Novartis reserves the right to suspend, cancel, modify or terminate the Promotion.
  • If Novartis cancels the Competition it will not be required to conduct the Competition or grant any of the prizes at any other time and Novartis will not be liable in any way (including in negligence) for any consequence of withdrawing the Competition.
  • To the extent permitted by law, Novartis’s liability in relation to this promotion and/or in respect of any of the prizes is excluded. Nothing in these conditions of entry is intended to exclude, restrict or modify the entrant’s rights under the Trade Practices Act or equivalent legislation. To the fullest extent permitted by law all other liability of Novartis (including negligence) to the entrant for any loss or damage whatsoever (included but not limited to indirect or consequential loss) and all other rights of the entrant, are expressly excluded.
  • Any decision of Novartis in relation to the conduct of the Competition is binding and conclusive and will not be challenged on any grounds, including without limitation, the grounds that Novartis failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. Novartis does not accept any responsibility for late or lost entries. Novartis is not responsible for any technical malfunctions or problems with internet or network congestion, including injury or damage to a participant’s or any other
  • person’s computer related to participation in this promotion and problems with transmission of entries over the internet.
    Prizes unclaimed after 28 days will be deemed to have been forfeited and Novartis reserves the right to offer the prize to another entrant or not at all.
    Personal information supplied to Novartis may be disclosed to third parties and/or used by Novartis for the purposes of this promotion. Novartis may also be disclosed to third parties to determine whether an entrant has breached these terms and conditions. You consent to Novartis so using or disclosing your personal information. Please contact Novartis the Privacy Officer at:
  • If you do not wish us to use your personal information for these purposes, or, if you wish to access, correct or update the information.
  • In the event that any entry discloses that a person has or may have suffered an adverse event to any drug Novartis will contact the entrant for adverse event reporting purposes. All adverse events should be referred to Novartis’ Adverse Reactions Hotline on 1800 814 677.

TERMS AND CONDITIONS – SURVEY PROMOTION

  • Entry is open to all residents of Australia over the age of 18 years old except for employees of Novartis, its related companies, agencies associated with this promotion, their immediate families and medical practitioners.
  • To enter, entrants must complete the multiple choice quiz and tell us in 25 words or less how the Live and Love short film competition has helped you understand the realities of the Herpes Simplex Virus.
  • The competition will run for 8 weeks, commencing 23 August 2010 at 12 pm AEST. Entries close on 15 October 2010 at 12 pm AEST. The 8 weeks of the competition will be divided into distinct weekly periods set out as follows:

Week 1 of the competition commences 23 August 2010 at 12 pm AEST. Entries for this week’s competition will close on 29 August 2010 at 12 pm AEST,

Week 2 of the competition commences 30August 2010 at 12 pm AEST. Entries for this week’s competition will close on 5 September 2010 at 12 pm AEST.

Week 3 of the competition commences 6 September 2010 at 12 pm AEST. Entries for this week’s competition will close on 12 September 2010 at 12 pm AEST.

Week 4 of the competition commences 13 September 2010 at 12 pm AEST. Entries for this week’s competition will close on 19 September 2010 at 12 pm AEST.

Week 5 of the competition commences 20 September 2010 at 12 pm AEST. Entries for this week’s competition will close on 26 September 2010 at 12 pm AEST.

Week 6 of the competition commences 27September 2010 at 12 pm AEST. Entries for this week’s competition will close on 3 October 2010 at 12 pm AEST.

Week 7 of the competition commences 4 October 2010 at 12 pm AEST. Entries for this week’s competition will close on 10 October 2010 at 12 pm AEST.

Week 8 of the competition commences 11 October 2010 at 12 pm AEST. Entries for this week’s competition will close on 17 October 2010 at 12 pm AEST.

  • Judging will commence on 30 August 2010. The best 3 valid entries submitted each week will win a double movie pass.
  • The non winning entries submitted each will not form part of the pool of entries for the following week.
  • There is no limit to the number of times each person may enter.
  • This is a game of skill, not chance. Chance plays no part in the determination of the winning entries. The winners will be determined by a panel of judges, and will be based on the most original and creative answers.
  • Winners will be notified by email.
  • The judges’ decision is final. Prizes are non-transferable and cannot be redeemed for cash.
  • In the event that any of the winners do not claim their prize, or cannot be contacted after reasonable attempts are made by the promoter, the prize will be forfeited and will not be awarded.
  • To the extent permitted by law, Novartis’ liability in relation to this promotion and/or in respect of any of the prizes is excluded. Nothing in these conditions of entry is intended to exclude, restrict or modify the entrant’s rights under the Trade Practices Act or equivalent legislation. To the fullest extent permitted by law all other liability of Novartis (including negligence) to the entrant for any loss or damage whatsoever (included but not limited to indirect or consequential loss) and all other rights of the entrant, are expressly excluded.
  • Any suspected fraud, vote rigging, or tampering with the voting process by any means will result in affected votes being nullified.
  • Novartis is not responsible for any technical malfunction or problem or internet congestion, including injury or damage to a participant’s or any other person’s computer related to participation in this promotion and problems with transmission of entries over the internet. In the event of technical malfunction or any other matter that interferes with or has the potential to interfere with the proper conduct of the promotion, Novartis reserves the right to suspend, cancel, modify or terminate the Promotion.
  • Personal information supplied to Novartis may be disclosed to third parties and/or used by Novartis for the purposes of this promotion. Novartis may also be disclosed to third parties to determine whether an entrant has breached these terms and conditions. You consent to Novartis so using or disclosing your personal information. Please contact Novartis at the address below at if you do not wish us to use your personal information for these purposes, or, if you wish to access, correct or update the information.