Terms and Conditions

MOVEMBER GENERAL TERMS

Date of last revision: 15 September 2013

This section sets out the terms that apply to your use of the Movember website, the Movember mobile website and the Movember mobile apps (together, Services).  Your continued use of our Services indicates to Movember that you agree with these General Terms.  We may change these General Terms from time to time, so please check back regularly. 
  1. Content created by Movember - Movember owns or licences from third parties all of the trademarks, copyright and other intellectual property that exists in the Services.  You must not copy or reproduce in any form any of the graphics, logos or other material from our Services unless you have our specific permission.  For the avoidance of doubt, you have our permission to download material from the Downloads page on our website.
     
  2. Content posted by you - Any content that you post to our Services (eg photos and videos) is your responsibility, and you must make sure that you have the necessary rights to post that content (eg by obtaining permission of copyright owners if necessary).  By posting any content, you also give Movember a non-exclusive, transferable, royalty-free worldwide right to use and reproduce that content. 
     
  3. Content posted by others – Movember follows the provisions of the Digital Millennium Copyright Act.  If you believe that someone else is using your copyright or trademark without your permission, please contact us at info@movember.com to report the infringement.
     
  4. Keeping our website safe – We need your help to keep our Services safe.  Therefore, you must adhere to the following:
    a. You must not collect user’s content using automated means
    b. You must not upload viruses or other malicious code
    c. You must not bully, intimidate or harass anyone
    d. You must not post any content that infringes or violates someone else’s rights, or otherwise violates the law, or that is hateful, threatening, pornographic or violent
     
  5. Movember’s disclaimer – Movember takes great care with its Services and we endeavour to keep them accurate, error-free, and free of any offensive material.  However, you use the site at your own risk and Movember will not be liable for any costs or losses you incur through your use of our Services.  Whilst we may include on our Services links to third party websites or resources, Movember is not responsible for such third parties and you use those websites or resources at your own risk.
     
  6. Hosting a Mo Party – if you register to host a Mo Party, we are happy to provide you with the materials in the Mo Party Kit, but organising and running the Mo Party is your responsibility.  You will be responsible for taking care of all permits, permissions or other similar issues arising from the Mo Party that you organise and Movember will not have any liability in relation to any injury, damage or loss at a Mo Party.
     
  7. MOVE Event – by registering to host a MOVE event, you are responsible for organizing and running the event, as well as acquiring the necessary permits and permissions required to host the event.  There are risks and dangers inherent to a MOVE event, given the physical component, and by choosing to host a MOVE event you understand that you will be responsible for any injury, damage or loss incurred.
     
  8. Gala Parté Tickets – if you attend a Gala Parté, you will need to comply with the terms that are printed on the tickets.
     
  9. Refunds – Movember is happy to refund your donation if you have made it in error.  If you wish to request a refund then please contact us using the contact details in the Contact Us section of the Movember website relevant to the country in which you live.
     
  10. Movember’s rights - Movember may remove any content posted by you, or prevent access by you to our Services at its discretion, or if you do not comply with these General Terms.  Any failure by Movember to enforce our rights under these General Terms if you do not comply is not a waiver and we remain entitled to enforce our rights in relation to that or any other non-compliance by you.
     
  11. Entities and governing law – the Movember entity and relevant law governing these General Terms depends on the country in which you live:
a. If you live in the USA, these General Terms form an agreement between you and Movember Foundation. subject to the laws of California, USA;
b. If you live in Canada, these General Terms form an agreement between you and Movember Canada, subject to the laws of Ontario, Canada;
c. If you live in a country that forms part of the European Union, then these General Terms form an agreement between you and Movember Europe, subject to the laws of England and Wales; and
d. If you live in Australia, or in any other place not covered by paragraphs a, b, or c above, then these General Terms form an agreement between you and The Movember Group Pty Ltd as trustee for the Movember Foundation, subject to the laws of Victoria, Australia.
 

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PRIZING TERMS AND CONDITIONS


BEST MO SPACE

  1. The competition is open to all registered Mo Bros and Mo Sistas, except employees and related parties of Movember.
  2. To be eligible to win, your Mo Space must appear on the Top Mo Space page on www.movember.com on 9am on 10th Dec (AEDT).
  3. The winner will be selected by the Movember team based on the content of your Mo space taking into consideration your motivation, profile picture, number of updates (pictures and posts), likes and tweets.
  4. The winner will be notified by email and will be announced in Movember’s broadcast email on 14 December 2013.
  5. Movember reserves the right to substitute alternative prizes if necessary due to unavailability of the notified prizes.



BRUSHES WITH FAME
 

  1. The competition is open to all registered Mo Bros, except employees and related parties of Movember.
  2. To be eligible to win, simply take a photo of you, your Mo and a celebrity and post it to the website.  Your entry must be posted to the website by 9am on 10th Dec (AEDT).
  3. The winner will be selected by the Movember team based on the quality of the picture and the identity of the celebrity.
  4. The winner will be notified by email and will be announced in Movember’s broadcast email on 14 December 2013.
  5. Movember reserves the right to substitute alternative prizes if necessary due to unavailability of the notified prizes.

 



TEAM MO 10 OR LESS

Movember HQ will judge this prize based on the donation totals listed on www.movember.com at 9am on 10th Dec (AEDT).  You should ensure that any offline donations (such as cash or cheques) have been submitted to Movember in time for these to be processed and included in your donation total. Movember reserves the right to substitute alternative prizes if necessary due to unavailability of the notified prizes.
 



TEAM MO 11 OR MORE

Movember HQ will judge this prize based on the donation totals listed on www.movember.com at 9am on 10th Dec (AEDT).  You should ensure that any offline donations (such as cash or cheques) have been submitted to Movember in time for these to be processed and included in your donation total. Movember reserves the right to substitute alternative prizes if necessary due to unavailability of the notified prizes.
 



THE MO MO

Movember HQ will judge this prize based on the donation totals listed on www.movember.com at 9am on 10th Dec (AEDT).  You should ensure that any offline donations (such as cash or cheques) have been submitted to Movember in time for these to be processed and included in your donation total. Movember reserves the right to substitute alternative prizes if necessary due to unavailability of the notified prizes.
 



INTERNATIONAL MAN OF MOVEMBER

  1. The competition is open to all Mo Bros registered at Movember (movember.com), except employees of Movember and their immediate family members.
  2. To be eligible to win, you must attend a Movember officially hosted Gala Parte in any part of the world (see website for details) and be judged the Man of Movember at the Gala Parte. The Man of Movember at each officially hosted Gala Parte is selected by crowd support for your moustache and costume.
  3. A photo of all of the winners of the Man of Movember from each officially hosted Movember Gala Parte globally will be captured by the official Movember photographer and then sent to The Handlebar Club in London (www.handlebarclub.co.uk).
  4. The President and members of the Handlebar Club will vote on the winner, based on moustache, outfit and spirit of Movember.  The selection of the winner is entirely within the discretion of the members of the Handlebar Club, with the President having the final decision. 
  5. The prize will be as stated on the ‘Prizes’ page available from movember.com.  The prize is as stated, not redeemable for cash or other products and is not transferable.  The prize can only be claimed by written or verbal acceptance by the winner. 
  6. All personal information submitted or held in connection with the competition will be processed in accordance with Movember’s Privacy Policy, available at www.movember.com.
  7. The winner will be notified by phone and/or email and will also be announced in Movember’s prize announcement newsletter e-mail on 12 December 2013.
  8. The promoter is The Movember Group Pty Ltd as Trustee for Movember Foundation, c/o Movember Europe Level 2 & 3, Gensurco House, 50a Rosebery Avenue, Clerkenwell, EC1R 4RP.


 



$20 DRAW - MAJOR PRIZE COMPETITION

General Terms and Conditions:
1. Entry into this competition is deemed acceptance of these terms and conditions.
2. The promotional period commences at 9am on Friday 1st November 2013 (EST) and concludes at 9am on Tuesday 10 December 2013 (EST) (“Promotional Period”).
3. There is a limit of one entry for a Mo Bro or Mo Sista when they raise $20 during Movember 2013 campaign
4. Employees, officers, agents, sponsors, suppliers, and advisors of Movember and BMW and their immediate families are not eligible to enter.
5. Any entry not complying with these terms and conditions will be deemed invalid and Movember reserves the right to verify the validity of entries and to disqualify any entrant for submitting an entry which is not in accordance with these terms and conditions or who tampers with the entry process.
6. If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, vandalism, power failures, tempests, natural disasters, acts of god or nature, civil unrest, strikes or any other causes beyond the control of Movember, which in Movember’s opinion potentially or actually corrupt or adversely affect the administration, security, fairness, integrity or proper conduct of this competition, then subject to any compulsory law to the contrary Movember reserves the right to cancel the competition.
7. All prize values are in Australian dollars.
8. The Promoter is Movember Group Pty Ltd as trustee for the Movember Foundation (ABN 119 012 243) (“Movember”).
9. Movember and its related corporate bodies are not liable for any loss or damage suffered (including but not limited to direct or consequential loss) nor for any personal injury sustained in connection with the competition or the prizes except for any liability which cannot be excluded by law. Entrants participate in the competition at their own risk.
10. All entries become the property of Movember.  All information contained in the entries and details of the winner will be held in accordance with the Movember Privacy Policy, which can be accessed by visiting www.movember.com.  
11. Any request to access, update or correct any information relating to the competition should be directed to Movember.


Major Prize
12. There is one method for entering the Movember Major prize draw.  Mo Bros and Sistas aged 18 years or over who register at www.movember.com to grow a moustache and/or raise funds for the Movember cause and who raise more than$20 online during the Promotional Period (“Eligible Entrants”) will be automatically entered into the Movember Major prize draw, and they will be notified of this by Movember via email.  Any entries submitted from October 1, before the official start of the promotional period on 1 November 2013, will be validly entered into the draw.  
13. One winner will be drawn for the major prize.  The winner will be determined by random selection from a database of Eligible Entrants.  
14. The major prize draw will take place at 9am on Tuesday 10 December 2013.  The draw will be conducted at the premises of IE Media, 9 Brighton St, Richmond 3121 with representatives from Movember present.
15. There is one major prize to give away. The total value of the major prize is up to $16,896 (including GST).  The major prize consists of BMW making available to the Winner at any time during the period commencing 6 January 2014 and ending on 6 January 2015 (“the Term) one MINI Paceman Cooper S (“the Vehicle”) for the Winner’s use subject to these terms and any other conditions of use for the Vehicle. The Winner acknowledges and agrees that BMW may provide two or more vehicles during the Term, but not more than one vehicle at any given time and which may not necessarily be identical, by reason that each vehicle made available must not be used for a period exceeding six months or 10,000kms, whichever occurs first. In addition, the Winner must immediately notify BMW if any of the vehicles made available during the Term registers 7,000kms or more on its odometer at any time.   The Winner further acknowledges that BMW may contact the Winner on a periodic basis to obtain the odometer reading of the Vehicle for purposes including coordination of servicing, repairs and change over if necessary. Notwithstanding the above, BMW reserves the right to recall the Vehicle at any time during the Term in its sole discretion and in the case of such recall shall provide the Winner with a replacement vehicleThe Vehicle Prize may only be redeemed by a Winner aged 21 years or over holding a current full, unrestricted driving license issued by the relevant authority in an Australian State or Territory which is not under suspension or cancellation and cannot be assigned or transferred to any other person or redeemed for cash or another prize of equivalent value. The winner are responsible for pick up and return of the vehicle from an authorised BMW/Mini dealers located in either Adelaide, Perth, Brisbane, Gold Coast, Sunshine Coast, Melbourne, Sydney or Newcastle.
15.1 The Vehicles shall remain the property of BMW throughout the Term. BMW shall ensure that the Vehicle is registered with the appropriate state authority.
15.2 The Winner shall:                                                                                                                                                                 
                                 (a) not sell, assign, pledge, mortgage, lease or encumber the Vehicle at any time; and
                                 (b) comply with the Conditions of Use of the Vehicle set out in clause 16 further below.
15.3 Subject to Clause 15.5 below, BMW shall insure and keep insured the Vehicle during the Term in BMW's name as owner against all loss or damage of any kind including damage by fire, accident or theft.   If a Winner is involved in an accident, causes damage to the Vehicle or if a Vehicle is damaged or destroyed during the Term, the Winner agrees to indemnify BMW for the cost of repairs to or replacement of the Vehicle for amount determined by BMW at its sole discretion.  The decision of BMW in this regard is final. 
15.4 All costs relating to insurance, registration, service and repairs (subject to clause 15.4 above) of the Vehicle shall be borne by BMW except for the following items:
(a)The Winner shall be responsible for and shall indemnify BMW against (and the insurance specified in Clause 15.4 shall not cover) all losses, damages, costs, expenses and injuries caused to, or by, the Vehicle arising from:
(i) any breach of these Terms and Conditions including the Conditions of Use of the Vehicle set out further below; or
(ii) any negligence or wilful act or omission of the Winner.
(b) The Winner shall be responsible for any fines or penalties incurred for parking and traffic infringements (including speeding and red light camera fines) whilst the Vehicle is in the custody or control of the Winner.
15.5 BMW may at any time request to inspect or test the Vehicle and to exercise any of its rights and powers under Terms and Conditions.
15.6 The Winner shall make the Vehicle available for collection by BMW upon reasonable notice by BMW including on expiration
        and shall, if necessary, allow BMW to enter upon any premises of the Winner to retake possession.
16. If the Vehicle is involved in an accident or damaged in any way, BMW must be immediately notified and an Accident Damage Report in the form required by BMW is required to be completed and forwarded to the BMW Fleet Controller within 48 hours of the damage occurring.
16.1. If the Vehicle is stolen the Winner shall promptly notify BMW and provide BMW with all relevant details.
16.2. Repairs to the Vehicle are not to be undertaken without the written consent of BMW or its appointed assessor.
16.3. The Winner must maintain the Vehicle in excellent condition and keep the Vehicle clean and tidy at all times.
16.4 Smoking is not permitted in the Vehicle and the Winner shall be liable for any damage, rectification or cleaning costs as a result of any breach of this condition.
16.5 BMW may require the maintenance of a log book by the Winner for tax and traffic infringement purposes.  The Winner will be notified by BMW if such a requirement is imposed.
16.6 The Vehicle is not to be driven by or lent to anyone and the only authorised drivers of the Vehicle are the Winner.  A breach of this condition will result in immediate termination and surrender of the Vehicle Prize.  BMW will not be liable for any loss, cost or any claim for damage by any Winner as a result of such termination and surrender.
16.7 All drivers must hold a current, full, unrestricted Australian driver’s license issued by the relevant authority of an Australian State or Territory which is not under suspension or cancellation.
16.8 The Vehicle Prize may not be claimed by a Winner if the award or enjoyment of the Vehicle Prize is not duly permitted by any relevant laws.  The Vehicle Prize may not in any circumstances be redeemed for cash or any other prize of equivalent value.  BMW will not be liable for any loss, cost or any claim for damage by any Winner as a result of this condition.
16.9 The Vehicle is not to be driven by anyone under the influence of alcohol in excess of the legal limit or under the influence of any drug, medication or other intoxicating substance.
16.10 No modifications are to be made to the Vehicle without the prior written approval of BMW.
16.11 The Vehicle is to be serviced (if required) by BMW Dealers only.
16.12 The Vehicle must at all times be driven in accordance with the applicable road rules.
16.13 The Vehicle shall not be used:
(a) for any race, contest or illegal purpose;
(b) to convey passengers or goods for hire;
(c) to convey any load more than what the Vehicle was constructed for; or
(d) for any purpose other than the purpose for which the Vehicle was built.
17. The winner of the major prize will be notified by telephone on Tuesday 10 December 2013.  This will be confirmed in writing by mail or email and the major prize will be delivered by Friday 27 December 2013, subject to stock availability.   The name and suburb of the major prize winner will be published on the website www.movember.com and in the Australian newspaper by Monday 23rd December 2013.
18. Movember’s decision as to the selection of the major prize winner is final and not subject to negotiation. The major prize can only be claimed by verbal or written acceptance by the winner.
19. If the major prize is not claimed by Friday 28th February 2014 a second chance draw will take place at 11am on Monday 3rd March 2014. The second chance draw (if it occurs) will take place at the premises of IE Media, 9 Brighton St, Richmond 3121 with representatives from Movember present and the winner will be notified on Monday 3rd March 2014 in the same manner as set out in clause 17.  The name and suburb of the second chance major prize winner will be published on the website www.movember.com and in the Australian newspaper on Monday 10th March 2014.
20. Authorised under permit numbers - VIC Permit No. 13/2548, ACT TP 13/03946 2013,
NSW Permit Number LTPS/13/08387



2013 MOVEMBER BIKE COMPETITION

General Terms and Conditions:
1. Entry into this competition is deemed acceptance of these terms and conditions.
2. The promotional period commences at 9am on Friday 14st October 2013 (EST) and concludes at 11.59pm on Friday 1 November 2013 (EST) (“Promotional Period”).
3. There is a limit of one entry for a Mo Bro or Mo Sista when they complete registration Movember 2013 campaign
4. Employees, officers, agents, sponsors, suppliers, and advisors of Movember and their immediate families are not eligible to enter.
5. Any entry not complying with these terms and conditions will be deemed invalid and Movember reserves the right to verify the validity of entries and to disqualify any entrant for submitting an entry which is not in accordance with these terms and conditions or who tampers with the entry process.
6. If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, vandalism, power failures, tempests, natural disasters, acts of god or nature, civil unrest, strikes or any other causes beyond the control of Movember, which in Movember’s opinion potentially or actually corrupt or adversely affect the administration, security, fairness, integrity or proper conduct of this competition, then subject to any compulsory law to the contrary Movember reserves the right to cancel the competition.
7. All prize values are in Australian dollars.
8. The Promoter is Movember Group Pty Ltd as trustee for the Movember Foundation (ABN 119 012 243) (“Movember”).
9. Movember and its related corporate bodies are not liable for any loss or damage suffered (including but not limited to direct or consequential loss) nor for any personal injury sustained in connection with the competition or the prizes except for any liability which cannot be excluded by law. Entrants participate in the competition at their own risk.
10. All entries become the property of Movember.  All information contained in the entries and details of the winner will be held in accordance with the Movember Privacy Policy, which can be accessed by visiting www.movember.com.  
11. Any request to access, update or correct any information relating to the competition should be directed to Movember.


Major Prize
12. There is one method for entering the Movember Bike Competition draw.  Mo Bros and Sistas aged 18 years or over who register at www.movember.com to grow a moustache and/or raise funds for the Movember cause during the Promotional Period (“Eligible Entrants”) will be automatically entered into the Movember Bike prize draw.  Any entries submitted before the official start of the promotional period on 14 October 2013 will be validly entered into the draw.  
13. One winner will be drawn for the major prize.  The winner will be determined by random selection from a database of Eligible Entrants.  
14. The major prize draw will take place at 10 am on Monday 4 November 2013.  The draw will be conducted at the premises of IE Media,
9 Brighton St, Richmond 3121 with representatives from Movember present.
15. There is one major prize to give away. The total value of the major prize is up to $10,000.  The major prize consists of a Triumph Bonneville, including on-road costs such as dealer delivery and registration.
16. The major prize is not redeemable for cash or other products and is not transferable. Any costs associated with claiming or redeeming the major prize are the sole responsibility of the winner.
17. The winner of the major prize will be notified by telephone on Monday 4 November 2013.  This will be confirmed in writing by mail or email and the major prize will be delivered by Monday 9 December 2013, subject to stock availability.   The name and suburb of the major prize winner will be published on the website www.movember.com and in the Australian newspaper by Friday 29th November 2013.
18. Movember’s decision as to the selection of the major prize winner is final and not subject to negotiation. The major prize can only be claimed by verbal or written acceptance by the winner.
19. If the major prize is not claimed by Friday 31st January 2014 a second chance draw will take place at 11am on Monday 3rd February 2014. The second chance draw (if it occurs) will take place at the premises of IE Media,
9 Brighton St, Richmond 3121 with representatives from Movember present and the winner will be notified on Monday 17th February 2014 in the same manner as set out in clause 17.  The name and suburb of the second chance major prize winner will be published on the website www.movember.com and in the Australian newspaper on Monday 10th March 2014.