BlueBalloonChallenge Terms and Conditions for Australia

Definitions

BlueBalloonChallenge means balancing a blue balloon (either real or virtual) in the air whilst doing a daily activity (BBC).
Challenge Period means the period commencing 12:00am 16 October 2023 (AEST) and continuing until 12:00am 13 November 2023 (AEST).
Donation means the donation to Life of a Child set out in clause 4 of these Terms.
Entrant means a person who is eligible to participate in the BBC in accordance with Clause 5 of these Terms.
Entry Material means an Entrant’s BBC including the response and any photos, images or videos.
Promoter means Medtronic International Sarl
Social Media Channels means Facebook and/or Instagram

1. These are the terms and conditions of entry into the 2023 Medtronic Diabetes BlueBalloonChallenge and information on how to enter the BBC which form part of these Terms (these Terms). Participation by Entrants in the BBC is deemed acceptance of these Terms. By participating in the BBC, the Entrant acknowledges that they have read, understood and agree to be bound by and abide by these Terms.
2. The Promoter may (subject to applicable laws) vary the terms of, or terminate, the BBC at any time prior to, or during, the Challenge Period at its absolute discretion without liability to any Entrant or other person.
3. The Social Media Channels are not sponsoring the BBC and respectively have no control over the BBC or the Donation, however the Entrant agrees to be bound by any applicable terms and conditions of the Social Media Channels by entering into the BBC.

Donation acknowledgement

4. For every BBC performed and publicly shared on Social Media Channels with both the hashtag #blueballoonchallenge and tagging @MedtronicDiabetesAus during the Challenge Period, the Promoter will globally donate €5.00 per social post, up to €100,000, to Life for a Child.

BlueBalloonChallenge Entry – Eligibility

5. Entry is open to persons of all ages. All participants under 18 years of age must have the express approval of a parent/guardian (who has agreed to all of these Terms) before entering the BBC.

Conditions of Entry

6. An Entrant’s entry must not be unlawful or capable of violating any law or giving rise to a civil action; obscene; defamatory or libellous; threatening or harassing; pornographic or contain nudity; hateful; offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference; incite or be capable of encouraging conduct that would be considered a criminal offence; or in violation of the social media guidelines, rules or terms of service of the Social Media Channels used to enter the BBC.
7. Promoter reserves the right to disqualify any Entry Material counted towards the Donation where it reasonably suspects that such entries are prohibited by these Terms, any relevant law, or are otherwise deemed inappropriate. This is at Promoter’s absolute discretion. All participants acknowledge that the Promoter reserves the right to delete and block any Entrant who submits abusive, inflammatory, offensive or other materials deemed inappropriate by the Promoter.
8. Entrants retain all ownership in their Entry Material however, by submitting their Entry Material, Entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting the BBC, advertising and marketing the Promoter or the BBC on all media now known or later devised, in perpetuity. For the avoidance of doubt, the Promoter is not required to seek the Entrant’s prior approval before using the Entry Materials.
9. Each Entrant warrants that they have the full power and capacity to grant the rights, warranties and consents set out in these Terms;
   1. the Entry Material is not, and its use by the Promoter (or the Entrant) will not be, in breach of any third party intellectual property rights;
   2. they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
      1. in the event that any of the warranties given by the Entrant are false;
      2. as a result of any breach of these Terms by the Entrant; and
         1. they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18 years, from that person’s parent or guardian).
      3. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained, including as a result of the Promoter's negligence, in connection with the BBC undertaken by any Entrant.
      4. Promoter will collect, use and disclose personal information of Entrants in accordance with Promoter 's Privacy Policy for the purpose of the BBC. A request to access, update or correct any personal information should be directed to Promoter at their address set out above. A copy of Promoter's Privacy Policy is available online at https://www.medtronic-diabetes.com.au/privacy-statement.
      5. These conditions are governed by the laws of New South Wales.

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