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Terms and Conditions for "Be Rational Blogger" campaign

  1. Information on how to enter this competition and prize details forms part of these Terms and Conditions of entry.
  2. Promoter: The promoter is IBM Australia Limited, Level 13, 601 Pacific Highway, St Leonards, Sydney, NSW, 2065 (the Promoter).
  3. Promotion Period: The initial promotion period will be open from 9 a.m. AEST 4 August 2009 to 5 p.m. AEST 31 December 2009, with a subsequent promotion period running from 9 a.m. AEST 3 November to 5 p.m. 31 December 2009 (Promotion Period).
  4. Eligibility: Entry is only open to Australian and New Zealand residents over the age of 18 years (Eligible Entrants). Employees and their immediate families of the Promoter and companies associated with this promotion are not eligible to enter.
  5. How to enter: To enter, Eligible Entrants must complete the "Be Rational Blogger" entry form during the Initial promotional period (Eligible Entry). The "Be Rational Blogger" entry from can be located at www.ibm.com/events/au/berationalblogger .Incomplete or abandoned forms are invalid.
  6. Entry terms: By entering this competition, each Eligible Entrant represents and warrants that his or her entry conforms with these terms and conditions, and:
    (a) is the original work of the Eligible Entrant;
    (b) has not previously been submitted in any competition and has not won an award or prize of any kind;
    (c) does not contain any use of names, likenesses, photographs or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which must be provided to the Promoter upon request);
    (d) does not include trade marks, logos, or copyrighted material not owned by the Eligible Entrant or used without permission or otherwise infringe or violate the rights of any third party, including but not limited to, copyrights, trade marks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
    (e) does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of the Promoter or any other individuals and/or entities, the determination of which shall remain in the sole discretion of the Promoter;
    (f) does not contain pornographic or sexual content, hateful content of any kind (including racism, sexism etc), content which promotes violence or harm to another living creature or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of the Promoter;
    (g) does not include threats of any kind that intimidate, harass, or bully anyone, or invade the privacy of a person, the determination of which shall remain in the sole discretion of the Promoter; and
    (h) does not violate any applicable law or include any content that would encourage or provide instructions for a criminal offence.
  7. Disqualification of entries: If the Promoter determines in its sole discretion that an Eligible Entrant has breached a representation or warranty, the entry will be disqualified.
  8. The prize: The competition contains two parts, with a prize for each part of the competition (Prize 1 and Prize 2). Five winners will win Prize 1 and only one of the winners of Prize 1 will win Prize 2.
  9. Judging of the winners of Prize 1: Judging of all Eligible Entries received during the initial promotion period will take place at 1:00 p.m. AEST on 31 December 2009 (Prize 1 Judging Date). The judging will take place at Level 13, 601 Pacific Highway, St Leonards, Sydney, NSW, 2065. This is a game of skill only and chance plays no part in determining the winner.
  10. Winners of Prize 1: The five Eligible Entries that best demonstrate the Eligible Entrant's blogging abilities around the IBM Rational product set will win Prize 1.
  11. Notification of winners of Prize 1: The winners of Prize 1 will be notified by telephone and mail within 2 business days of the Prize 1 Judging Date. The winners' names will be published online at www.ibm.com/events/au/berationalblogger within 2 business days of the Prize 1 Judging Date.
  12. Prize 1: Prize 1 is the opportunity to become part of the "Be Rational Blogger" community. The five winners will have access to the latest IBM Rational product launch information, latest case study releases and Rational campaigns. Subject to the consent of each winner, the winners' profiles will be included on the Rational homepage on the IBM website located at www.ibm.com/events/au/berationalblogger. Subject to any restrictions imposed by the owners of third party websites, links to the winners' blogs will also be included on the Rational homepage on the IBM website and each winner will receive an IBM Rational Merchandise Kit, valued at AUD$100.00 (including GST). IBM retains the right to cease providing the winners with access to the latest IBM Rational product launch information, latest case study releases and Rational campaigns and to remove the winner's profile and links to the winners blogs from the Rational homepage on the IBM website at any time. Delivery of the prize is only within Australia and New Zealand (as appropriate).
  13. Prize 2: The winner of Prize 1 who meets the conditions set out in clause 14 and is judged the best overall blogger will win Prize 2. Prize 2 is a AUD$750 JB Hi Fi Voucher (including GST). The Promoter shall determine in its sole discretion whether a winner has meet the conditions set out in clause 14.
  14. Eligibility to win Prize 2: In order to be eligible to win Prize 2 , each winner must meet the following conditions:
    (a) each winner shall post at least one blog per month during the period starting on [1 September 2009] and ending on [31 December 2009] on topics of their choice relating to IBM Rational products and events and
    (b) each winner represents and warrants that his or her blogs will meet the conditions set out in clause 6 of these terms and conditions.
  15. Judging of the winner of Prize 2: Judging of which winner is the best overall blogger, and therefore wins Prize 2 will take place at 1.00 p.m. AEST on [4 February 2010] (Prize 2 Judging Date). The judging will take place at Level 13, 601 Pacific Highway, St Leonards, Sydney, NSW, 2065. This is a game of skill only and chance plays no part in determining the winner.
  16. Notification of the winner of Prize 2: The winner of Prize 2 will be notified by telephone and mail within 2 business days of the Prize 2 Judging Date. The winner's name will be published online at www.ibm.com/events/au/berationalblogger within 2 business days of the Prize 2 Judging Date. Delivery of the prize is only within Australia and New Zealand (as appropriate)
  17. Judge's decision final: The judge’s decision is final on all matters and no correspondence will be entered into. Entry into this promotion will be deemed to be an acceptance of these terms and conditions.
  18. Ownership and use of blogs: The winners shall remain the owners of the blogs that are submitted in accordance with clause 14. However by entering this competition, and to the extent allowed by law, each winner grants the Promoter and its affiliates, licensees, promotional partners, developers and third party marketing entities a royalty free licence to modify, reproduce, publish, communicate to the public and adapt the blogs for trade, advertising, promotional, commercial or any other purpose. Each winner unconditionally and irrevocably consents to any act or omission by the Promoter that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given.
  19. One entry: There is a limit of one entry per Eligible Entrant.
  20. Prizes not transferable: Prize 1 and Prize 2 are not transferable and cannot be exchanged as cash. In the event that the Promoter is unable to supply a prize, the Promoter reserves the right to supply an alternative prize of similar monetary value.
  21. Late entries and use of entries: The Promoter accepts no responsibilities for late entries or entries not received for any reason. All entries become the property of the Promoter. All entries will be entered into a database and the Promoter may use entrants’ names and addresses for future promotional, marketing purposes unless otherwise advised by the participant.
  22. Trade marks and copyright: IBM, the IBM logo, ibm.com and Rational are trademarks of IBM Corp registered in many jurisdictions worldwide . A current list of IBM trademarks is available on the Web at "Copyright and trademark information" at www.ibm.com/legal/copytrade.shtml (US). © Copyright IBM Australia Limited 2009 ABN 79 000 024 733. © Copyright IBM New Zealand Limited 2009. © Copyright IBM Corporation 2009. All rights reserved. Other product, company or service names may be trademarks or service marks of others.
  23. Limitation of liability: The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained in connection with this competition or as a result of a winner accepting the prize, except for any liability which cannot be excluded by law.
  24. Rights of publicity: By entering into this competition, except where prohibited by law, each entrant agrees that the Promoter and its affiliates, promotional partners and third party marketing entities shall have the right and permission to use and announce the name, picture, voice, blog, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition, and/or any information contained in his/her entry for promotional, advertising and/or publicity purposes in any media, now or hereafter known, throughout the world, for the duration of the rights, without compensation or notice to, or further consent of the prize winners to the extent permitted by law. Each entrant unconditionally and irrevocably consents to any act or omission by the Promoter that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given.
  25. Entries property of Promoter: All entries become the property of the Promoter. All entries will be entered into a database and the Promoter may use the entrants names and addresses for future promotional, marketing and publicity purposes unless otherwise advised by the entrant. Entrants can request access to or correction of their details by contacting the Promoter on 132 426 (Australia) and 0800 801 800 (New Zealand).

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