Heart of the Neighbourhood Campaign Terms & Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID IN AUSTRALIA (THE “ELIGIBLE COUNTRY”). VOID WHERE PROHIBITED.
SPONSOR: The Celebrate Your Neighbour (“Campaign”) is sponsored by Nextdoor Australia Pty Ltd, Level 19, 181 William Street , Melbourne Vic 3000 ("Nextdoor" or "Sponsor").
1. AGREEMENT TO RULES. By participating, the Applicant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Nextdoor as final and binding as it relates to the content of this Campaign.
2. ELIGIBILITY. To enter the Campaign, you must, as of the start of the Campaign Period (defined below): (a) be a legal resident of Australia; (b) be age 18 or over. Employees, officers, and directors of Sponsor, its advertising and campaign agencies, and its respective parent companies, affiliates, franchisees, subsidiaries and agencies, and their immediate family members (parents, siblings, children and spouses of each, regardless of where they live) and/or those living in the same household (whether related or not) are ineligible to participate in this Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
3. CAMPAIGN PERIOD. Entries must be submitted between 12:00 AM AEST, August 18, 2020 and 12:00 AM AEST September 19, 2020 (the "Campaign Period"). Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Campaign.
4. HOW TO ENTER. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. To enter, during the Campaign Period applicants must register for a virtual training class and enter the information requested at this link: https://go.nextdoor.com/heartoftheneighbourhood, which may include name, email address, phone number, suburb, and state. Entries via email, phone, post, or any other means will not be accepted.
NOTE: Limit one (1) entry per person. Entries must be received during the Campaign Period to be eligible. Entries must also comply with the “Entry Requirements” described below. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorised account holder of the email address submitted at the time of entry. “Authorised account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, on-line service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will not verify receipt of entries. Entries become property of Sponsor and will not be returned.
5. ENTRY REQUIREMENTS. Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, unlawful, threatening, abusive, harassing, defamatory, libellous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, depict unsafe, abusive, or violent behaviour, violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights, contain explicit or graphic descriptions or accounts of sexual acts, or are not within the spirit of the Campaign, as determined by Sponsor in its sole discretion (“Entry Requirements”).
6. SELECTION CRITERIA AND NOTIFICATION OF WINNER(S). The Sponsor or its designee will select up to one (1) winning neighbourhood (the "Winning Neighbourhood") from all eligible entries received during the Campaign Period. The Winning Neighbourhood will be selected by a committee of Nextdoor employees based on the number of neighbours from the Winning Neighbourhood who entered the Campaign by registering for the virtual training class.
Following the selection, each entrant who is a member of the Winning Neighbourhood will be notified via email (“Notification”) that their neighbourhood is the Winning Neighbourhood. Sponsor may also notify the Winning Neighbourhood's local council or applicable governing body hat the neighbourhood has been selected as the Winning Neighbourhood.
Except where prohibited by law, by accepting a prize, You hereby grant Sponsor and its licensees a perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display Your name, city, state, country, Nextdoor neighbourhood, and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration. NOTE: each entrant is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Campaign.
7. PRIZE. The Winning Neighbourhood will receive a custom song about the Winning Neighbourhood composed and performed by Greg Page delivered via email to each entrant in the Winning Neighbourhood, a Free AED donated by Stryker to be placed in a central community location, and neighbourhood celebration in line with Covid-19 restrictions to the maximum value of 2K AUD. No transfer, substitution or cash equivalent for Prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize, in whole or in part, of equal or greater monetary value if the Prize or any portion of the Prize cannot be awarded, in whole or in part, as described for any reason. Sponsor is not responsible for any federal, state, or local taxes associated with the Prize.
8. DISQUALIFICATION. If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If a Prize, Prize documentation, or Prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event a potential neighbourhood winner is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential neighbourhood winner may be selected via a random drawing from among all eligible entries received during the Campaign Period, if time permits.
10. INTELLECTUAL PROPERTY RIGHTS.
Warranty. By submitting an entry to the Campaign, each participant warrants and represents that the content submitted is his/her own original work created by the participant and has not been previously published, has not won a previous prize or award, that participant owns or otherwise controls all of the rights to the content and that the content submitted by participant does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity, and/or privacy.
License. By posting a comment, video, or image in connection with the Campaign and/or accepting a prize, participants grant to Sponsor the right, without limitation, to use the recipient’s name, city, state, likeness, photo, and/or entry for promotional, advertising, or other purposes, and to display the selected comment, video, or image in any media now known or hereinafter developed, including, but not limited to, Sponsor’s website(s) and/or social media account(s). Participants further agree to grant to the Sponsor a world-wide, royalty free, non-exclusive, perpetual, irrevocable license to reproduce and use the comment, video, or image for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, sub-license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the comment, video, or image for commercial or non-commercial use, and without compensation to the participant.
11. CAMPAIGN CONDITIONS. By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Campaign, the Official Rules or any other documents required by Sponsor herein, (b) to indemnify, defend and hold harmless Sponsor and their respective employees, officers, directors, shareholders, representatives, agents, parent companies, affiliates, franchisees, subsidiaries and agencies (collectively, “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and, (c) not to sue and to hereby irrevocably and unconditionally release, discharge and hold harmless the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm, resulting in whole or in part, directly or indirectly, from (i) participation in the Campaign or any Campaign related activity, (ii) the acceptance, possession, misuse or use of the prize, (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the participant’s entry, name, city and state of residence, biographical information, statements, voice, photograph, and/or other likeness), (iv) any malfunction or other problem with any Campaign website or webpage, (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering or announcement of any prize.
12. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for lost, late, stolen, deleted, misdirected, undeliverable, or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. Proof of transmission does not constitute proof of entry. The Released Parties are also not responsible for any malfunction of any Campaign website or webpage or error in the collection, processing or retention of entry information.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS CAMPAIGN, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
13. TERMINATION/SUSPENSION/MODIFICATION OF CAMPAIGN. If for any reason this Campaign is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfilment or proper conduct of the Campaign, Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Campaign and to select the winner from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Campaign or winning a prize in this or any other campaign conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Campaign by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
14. DISPUTES. If you are a member in Australia, then Australian and New South Wales laws may apply to disputes arising in relation to the Campaign.
To the extent allowable by applicable law, all disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party and will be resolved individually, without resort to any form of class action. The receiving party shall have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution. If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within 21 days of the written response. Each party shall have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference. Such conference will be in front of a third-party mediator chosen by the parties. If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration. All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to JAMS for binding arbitration under its applicable rules then in effect, before one arbitrator to be mutually agreed upon by both parties. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Nextdoor will pay them for you. In addition, Nextdoor will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
®/™ Trademarks © Nextdoor, Inc. 2020. Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Campaign is solely for descriptive purposes and shall in no way imply an endorsement or Sponsorship of the Campaign. You are providing your information to the Sponsors and the information you provide will only be used in accordance with the Official Rules of this Campaign.