Photo Competition

TOBLERONE
SPREAD THE SWEETNESS OF GRATITUDE PHOTO COMPETITION
TERMS OF PARTICIPATION

1. TITLE: SPREAD THE SWEETNESS OF GRATITUDE PHOTO COMPETITION

2. DURATION: SEPTEMBER 7, 2009 – NOVEMBER 10, 2009, 5:00 PM. Entry Requirements

All entries must meet the following guidelines:

• The entry must be the entrant's original work.
• One or more people of any age may be featured in the photo, however, entrant must have the permission to use the visuals of everyone featured in the photo in any and all media without compensation. If any person featured in the photo is a minor, then the consent must be obtained from the minor's parent or guardian.
• It is the responsibility of the entrant to secure permission for the use of any licensed item used in the production of the entry.
• Entrant must submit all required releases as requested by Kraft Foods (Philippines), Inc. ("Sponsor"), including a waiver from all persons appearing in the photo.
• Limit of one entry per person. Incomplete, illegible, or corrupted entries will be disqualified. The Sponsor is not responsible for lost, late, damaged, incomplete or misdirected entries. All entries become the property of the Sponsor and none will be returned.
• By submitting an entry, the entrant agrees to have his/her entry posted on www.thankyoudayphilippines.com and used for advertising purposes (TV, print, out-of-home, radio, PR, etc.)
• Content: Each entry must be suitable for display and publication, in all forms of media, including but not limited to the Internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast. Entries must be dignified, modest, and in good taste. The entries must not be obscene or indecent, and must not contain among others: pornography or profanity; offensive or defamatory statements including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group; threats to any person, place, business, or group. The entries must not also invade the privacy or other rights of any person, firm or entity, including, without limitation, any third party trademarks or copyrights, nor portray Sponsor or Sponsor's brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule. Sponsor reserves the right to determine the suitability of the entries at its discretion, and to disqualify any entries it determines to be inappropriate for any reasons.
• The Sponsor reserves the right to remove or not show any photo that doesn’t comply with the entry requirements. The Sponsor owns the rights to any photo submitted through the website and has the authority to use the material in any format during and after the contest period.

3. WINNER SELECTION: Winners will be determined by a panel composed of employees of the Sponsor and its PR agency, GeiserMaclang Marketing Communications, Inc.

4. PRIZE: Top 3 winners among all shortlisted entries will receive a Toblerone gift pack.

5. GENERAL RULES:

a. The Spread the Sweetness of Gratitude Photo Competition is open to all Filipinos of legal age.

b. By participating in this promo, entrants agree to abide by and be bound by these Official Terms of Participation and the decisions of the Judges.

c. Potential winners will be notified by telephone, e-mail and/or registered mail. The winners (or their guardian, as applicable) must sign the required acknowledgement and quit claim documents before receipt of their prizes; otherwise, the prizes will be forfeited.

d. Announcement of the winners will be on October 20, 2009 via an event, the National Thank You Day Awards. The winners will also be announced through blog postings and/or website announcements.

e. Winners may claim their prizes during the event on October 20, 2009.

f. The winners must provide at least two of the following valid IDs: Passport, SSS, GSIS, or driver’s license for identification and verification purposes together with the registered mail notifying them of the win.

g. If any prize/prize notification is returned as undeliverable, or if any prize is not claimed within sixty (60) days from notification or in the event of non-compliance with any other requirements, the prize will be forfeited in its entirety and awarded to another person.

h. No substitution or transfer of prize shall be permitted except at the option of the Sponsor. The Sponsor reserves the right to substitute a prize for equal value in place of advertised prizes that are unavailable.

i. Acceptance of a prize constitutes permission to use the winner’s name and/or likeness for advertising purposes without further notice or compensation, unless prohibited by law.

j. In the event of a dispute as to the identity of an online entrant, entries will be deemed made by the name appearing on the entry.

k. In no event shall the Sponsor, its affiliates or subsidiaries be liable to the participants for any monetary amount greater than the value of the prizes due to the prize winner under the rules and regulations of this promotion.

l. The Sponsor, its affiliates and subsidiaries shall not be liable to the participants in contract, tort or negligence or otherwise for any loss, damage, costs or expense of any nature whatsoever incurred or suffered by the participant and which is of indirect or inconsequential nature, including without limitation any economic loss or other loss.

m. All employees of Kraft Foods (Philippines), Inc., its affiliates, subsidiaries, distributors, alliance partners, advertising, promotions and third party agencies, and their relatives up to the second degree of consanguinity and affinity are disqualified from joining the promotion.

n. The Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, undeliverable email, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, telephone, telephone line or other telephone related problems or errors, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the entries in this Contest. If, in the Judges' opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Judges reserve the right to terminate the Contest and determine a winner using all eligible entries received as of the date of termination or to modify the Contest in a manner deemed appropriate by the Judges.

7. RIGHTS IN SUBMISSIONS: In consideration of entrant's submission being reviewed and evaluated for this Contest, each entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without any further right of approval. Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the submission submitted to Sponsor and to make derivative works from such material. Each entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor's licensees, and shall be freely assignable by Sponsor and that the Contest Entities and their assignees and licensees shall have no obligations whatsoever to entrant. Each Entrant releases the Sponsor and other Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each entrant also grants permission for the Contest Entities to use entrant's name and likeness, for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media, unless prohibited by law.

8. PRIVACY POLICY: Any personal information supplied by you to this contest will be the property of the Sponsor. The Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.