Terms and Conditions

SUBWAY "CAN YOU SUBWAY SHUFFLE?" VOTING GAME OF SKILL

NO PURCHASE NECESSARY. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is open to Australian residents. Employees (and their immediate families) of the Promoter, SUBWAY® restaurants, Doctor’s Associates Inc., Subway Franchisee Advertising Fund Trust Ltd., Subway Advertising Fund of Australia Pty Ltd, Subway Systems Australia Pty Ltd and agencies associated with this promotion are ineligible to win.
Promotion commences at 12:01am AEDST on 23/02/09. Final entries close at 11:59pm AEST on 19/04/09 (“Promotional Period”).
To enter, Entrants must create a video and upload it to www.youtube.com during the Promotional Period. The video must depict the Entrant dancing their interpretation of a “Subway® Shuffle”. Videos must feature the tag “Can You Subway Shuffle?” and include the Entrant’s name, age and email address. Each video must be composed in accordance with the standard YouTube user conditions (see www.youtube.com).
Video entries submitted will be viewable on YouTube and, subject to approval by the panel of judges, on www.subway.com.au/ifeelgood during the Promotional Period.
In addition to the YouTube Terms of Use and Code of Conduct, Entrants also agree to the following conditions:
1. when you submit any materials for the promotion, including videos, ("Content"), you, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
2. You agree that you are fully responsible for the Content you submit. You acknowledge that the Promoter, in its absolute discretion, will determine whether your Content will be posted on the Promoter’s website, in connection with the Promoter Material. The Promoter will determine whether your Content is accepted and send you an email confirming whether or not it is suitable to be posted on the Promoter’s website. Notwithstanding the approval of the Content by the Promoter, the terms and warranties as set out in this clause 5 will still apply. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. You agree that at no time do you obtain any proprietary or intellectual property rights to the Promoter Material, which will remain the property of the Promoter or any applicable third party licensor at all times.
3. You warrant and agree that:
  1. you will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  2. you will only submit Content which you have personally created;
  3. your Content shall not contain viruses or cause injury or harm to any person or entity;
  4. if your Content depicts any person other than you, you have obtained their consent to submit your content for the purposes of the promotion.
  5. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Without limiting any other terms herein, you indemnify the Promoter, Subway Franchisee Advertising Fund Trust Ltd., Doctor’s Associates Inc. Subway Systems Australia Pty Ltd and Subway Advertising Fund of Australia Pty Ltd for any breach of the above terms of Clause 6.

Entrants are expressly prohibited from downloading or reproducing James Brown 'I got you (I feel good)' in their video entries, or any other third party work without the appropriate copyright license. Video entries that feature any composition of ‘I got you (I feel good) will be excluded from the competition and will not appear on www.subway.com.au. The Promoter has provided 4 music backgrounds to choose from which may be used in video entries. Please ensure you use the options provided.
Multiple entries permitted, subject to the following: (a) each video entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
Voting period opens 12:01am on 02/03/09 AEDST and closes on 11:59pm AEDST on 26/04/09. ("Voting Period").
To vote, you must, during the Voting Period:
1. visit www.subway.com.au/ifeelgood;
2. register your details including name, address, contact details; and
3. vote on a specific entry in accordance with the directions.
Only one (1) vote permitted per person per day, per video, based on Brisbane local time. Incomplete, indecipherable, or illegible votes may, in the discretion of the Promoter, be deemed invalid.
Entrants and voters warrant that they will only use one (1) personal email address in connection with their participation in the Promotion.
The Promoter reserves the right, at any time, to verify the validity of entries, votes and Entrants and voters (including an Entrant’s or voter’s identity, age and place of residence) and to disqualify any Entrant or voter who submits an entry or vote that is not in accordance with these Terms and Conditions or who tampers with the entry or voting process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable or inaudible entries may be deemed invalid by the Promoter, in its absolute discretion.
This is a game of skill and chance plays no part in determining the winners. The winners will be the Entrants who submit the entries with the highest number of recorded votes during the Voting Period. If two or more Entrants receive the same amount of votes and are tied for a place, the Judges’ in their absolute discretion will determine the winning entries from those tied based on creative merit. The Promoter’s decision is final and no correspondence will be entered into.
The ten (10) entries with the highest amount of received votes in accordance with clause 14 will each be named a "Finalist" and will each receive an 8GB iPod Touch® valued at $329. iPod Touch® is a trademark of Apple Computer, Inc., which is not a sponsor of or participant in this promotion.
At the end of the Voting Period, videos of the ten (10) Finalists will be uploaded on to the www.subway.com.au/ifeelgood, a panel of judges will be appointed by the Promoter and judging will begin ("Final Round"). The winner of the Final Round will be determined based on creative merit.
The winner of the Final Round as determined by the judges in accordance with clause 16 will receive the opportunity to appear in a future Subway® TV commercial. Prize includes the winning ‘shuffler’ appearing in an upcoming 2009 Subway® TV Commercial. The winner will be required to sign a talent agreement and publicity/liability release which allows the Promoter to use the talent in a national TV commercial for up to ten (10) weeks. Prize also includes a talent fee of $2,000 (awarded in the form of a cheque), transport to and from the shoot location (as necessary) and two (2) night’s accommodation. Any other ancillary costs are the responsibility of the winner. The approximate retail value of the prize is valued at up to $4,000.
Prizes are not transferable or exchangeable.
Entrants consent to the Promoter using the Entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including as a result of mechanical tampering or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the Entrant’s or voter's responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly or a voter to automatically vote repeatedly, is prohibited and will render all entries or votes submitted by that Entrant or voter invalid.
Except for any liability that cannot be excluded by law, the Promoter, Doctor’s Associates Inc., Subway Systems Australia Pty Ltd, Subway Franchisee Advertising Fund Trust Ltd., Subway Advertising Fund of Australia Pty Ltd (including their officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; (f) a prize; or (g) making and filming the video.
It is a condition of accepting a prize that the winner signs a legal release in the form determined by the Promoter.
The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the Entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. Entrants may access, change and/or update their personal information and obtain a copy of the Promoter’s privacy policy by contacting the Promoter on 07 3217 6677.
The Promoter is Subway Advertising Fund of Australia Pty Ltd of Level 1, Suite 2, 208 Given Terrace, Paddington QLD 4064. ABN 21 071 190 317.

SUBWAY "CAN YOU SUBWAY SHUFFLE?" GAME OF CHANCE

NO PURCHASE NECESSARY. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents. Employees (and their immediate families) of the Promoter, SUBWAY® restaurants, Doctor’s Associates Inc., Subway Franchisee Advertising Fund Trust, Subway Advertising Fund of Australia Pty Ltd, Subway Systems Australia Pty Ltd, and agencies associated with this promotion are ineligible to win.
Promotion commences 12:01am AEDST on 02/03/09 and closes at 11:59pm on 26/04/09 ("Promotional Period").
To enter, eligible entrants must visit www.subway.com.au/ifeelgood during the Promotional Period, register and cast a vote for their favourite video. To vote, entrants must follow the prompts and enter all requested details including name, address, contact details and their vote on a specific entry in accordance with the directions. Every eligible vote will be entered into a prize draw for a chance to win a weekly prize.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable, or illegible entries will be deemed invalid.
Only one (1) vote permitted per person per day, per video, based on Sydney local time. Incomplete, indecipherable, or illegible votes may, in the discretion of the Promoter, be deemed invalid.
Entrants warrant that they will only use one (1) personal email address in connection with their participation in the Promotion.

Entries close for weekly draws at 11:59pm AEST/AEDST on the dates outlined in the table below. Each weekly draw will take place on the dates outlined in the table below.

Draw	Close Date	Draw Date
Weekly Draw 1	08/03/09	09/03/09
Weekly Draw 2	15/03/09	16/03/09
Weekly Draw 3	22/03/09	23/03/09
Weekly Draw 4	29/03/09	30/03/09
Weekly Draw 5	05/04/09	06/04/09
Weekly Draw 6	12/04/09	13/04/09
Weekly Draw 7	19/04/09	20/04/09
Weekly Draw 8	26/04/09	27/04/09

All weekly draws will take place at 3:00pm AEST/AEDST at Anisimoff Legal, Suite 1, Level 1, 34 Chandos Street, St Leonards NSW 2065. If no entries are received for a particular weekly prize draw the prizes will be awarded in the unclaimed prize draw.

Winners will be notified in writing within 2 days of each draw. The Promoter’s decision is final and no correspondence will be entered into.
The first three valid entries drawn in each of the weekly draws will each win a 2GB iPod Shuffle® valued at $89. iPod shuffle® is a trademark of Apple Computer, Inc., which is not a sponsor of or participant in this promotion
If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Total retail value of the prize pool is $2,136. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for any unclaimed prizes may take place on 03/08/09 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners’ (if any) will be notified by mail.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including as a result of mechanical tampering or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Except for any liability that cannot be excluded by law, the Promoter, Doctor’s Associates Inc., Subway Systems Australia Pty Ltd, Subway Franchisee Advertising Fund Trust Ltd., Subway Advertising Fund of Australia Pty Ltd (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
The Promoter is Subway Advertising Fund of Australia Pty Ltd of level 1, Suite 2, 208 Given Terrace, Paddington QLD 4064. ABN 21 071 190 317. Phone: 07 3217 6677.
NSW Permit No. LTPS/09/680 ACT Permit No. TP09/260