ACTIVATION MECHANICS and TERMS AND CONDITIONS

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1. The “Give a Cheer to A Volunteer” Activation (the "Campaign") is organized by Mondelēz Australia Pty Ltd(“MDLZ”) trading as CADBURY. The Campaign is open to persons who are 18 years old and reside in Australia or New Zealand. The person for whom you are entering the Campaign (the “Film Subject”) must also be aged 18 years or older.

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2. The Campaign will utilize generative artificial intelligence technology i.e. an artificial intelligence software program of a leading third-party service provider (“AI Platform”) to generate a short film (the “Output”) based on an original image (if any) and set of responses provided by you (the "Inputs") for you and the Film Subject to enjoy. Other types of artificial intelligence technology may also be used to generate the Output.  The Campaign, including the aspect of application of artificial intelligence technology to generate the Output for you, is managed by our partners.

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3. By participating in this campaign, you will be prompted to answer questions about the Film Subject, which the AI Platform will interpret to create an avatar of the Film Subject for the Output. The avatar created by the AI Platform may not accurately reflect all aspects of the Film Subject, including the following:

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i. Tattoos and other body modifications;

ii. head coverings;

iii. body types; and

iv. certain forms of physical disability.

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MDLZ seeks to improve the AI Platform over time and hopes the AI Platforms’ limitations will not impede your or the Film Subject’s enjoyment of the Output.

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4. To participate in the Campaign and obtain the Output, you can access the site via the relevant website for your country, in Australia: giveacheertoavolunteer.cadbury.com.au OR New Zealand: giveacheertoavolunteer.cadbury.co.nz.

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5. On the website, you will be asked to provide answers to a standard preset questionnaire template for the creation of the Output:

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• First name of the Film Subject and characteristics of that person.

• Details about the Film Subject’s volunteering activities

• Open field relating to ‘What’s something unique they’re known for?’

• Image of them and yourself (or features from a selected list)

• A few details about yourself

• Your first name

• Your birthday (MMYYYY)

• Your email address

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All Inputs must be provided to proceed to the next steps.

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Mondelez Australia will deliver this promotion at its absolute discretion and may refuse to provide an Output for any reason including but not limited to where the Inputs include one or more of the following:

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i) Images or text which may be considered confidential or private;

ii) Images or text which may be considered offensive, explicit, discriminatory, abusive, obscene(including in relation to a person’s political or religious views) and/or derogatory in any sense;

iii) Images of individuals from whom you do not hold direct consent to use the image in the Campaign in accordance with these terms;

iv) Images of celebrities, famous individuals, designs, stills from pre-existing animated works, brands, logos, trademarks, animated designs or any other material owned by a third party that has not provided consent.

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6. Once all Inputs are provided, you will receive an email within 24-48 hours through which you can download the Output and share it with the Film Subject. Your right to use the Output, and the Film Subject to use the Output, are limited to purely non-commercial or archive use only. If any Inputs provided are prohibited or otherwise unusable to create the Output, you will receive an email notification.

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7. MDLZ reserves the right to amend these Terms and Conditions, as well as to suspend, modify or cancel it at any time with no prior notice.  

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8. By joining and participating in the Campaign, you hereby confirm, agree, and acknowledge that:

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a. You are an Australian or New Zealand resident and 18 years old or above.

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b. The Film Subject is also 18 years of age or older.

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c. You have read the full mechanics of the Campaign, and you understand and agree to abide by the Terms and Conditions of the same. The decision of MDLZ regarding the Campaign and all matters related to or connected with it, including, without limitation, the interpretation of these Terms and Conditions, is final and binding and no queries shall be entertained. MDLZ may hold you liable for your failure to comply with the said terms, conditions, rules, regulations, instructions, applicable laws, or methods.

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d. You voluntarily participated in the Campaign.

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e. Your Inputs (including any image uploaded by you) are not offensive, discriminatory, abusive, obscene, political, religious, derogatory, or inducing hatred or violence or disparaging in any manner. Your Inputs adhere to ethical & moral standards, and your Inputs do not contain and/or infringe on the intellectual property of any third party. MDLZ and any of its affiliates, employees, directors, representatives, and agents would have no liability whatsoever on such Inputs shared by you.

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f. If your Inputs include any image, this will be a genuine non-offensive image of the Film Subject and/or yourself and will not contain any representation or likeness of any other individual and/or celebrity that has not consented to their use.

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g. You have the direct consent of the Film Subject to use their photo and/or likeness and personal information as an Input for the Campaign and for you and Mondelez to use the Outputs in accordance with these terms.

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h. You undertake that you are generating the Output with a bonafide intent to offer a unique andcustomized non-commercial gifting experience. You understand and agree that all liability and responsibility in connection with any Inputs will rest solely with you. You understand that you must not, and must ensure that the Film Subject will not, sell or otherwise exploit the Output for commercial purposes or otherwise than in accordance with these Terms and Conditions.

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i. You understand that your participation in this Campaign does not entitle you or the person for whom you are generating the Output, any intellectual property right in or to the Output. You waive any right of ownership or claim on the Output created and understand that no rights or title in or to the Output shall be granted to you or the person for whom you are participating.

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j. You acknowledge that generative artificial technology which is applied for generation of the Output is capable of generating mistakes, can suffer from bugs, and/or can provide factually incorrect or distorted Outputs (“Hallucinations”). Hallucinations can appear convincing and may be hard to detect. As the Output generated through the AI Platform is dependent on the Inputs provided by you, you confirm that your Inputs comply with the terms stated herein and agree to proceed understanding the risks inherent in using Generative AI. MDLZ shall not be responsible for and disclaims all liability for any Hallucinations or incorrect Outputs and makes no representation or warranty around the accuracy of the Output.

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INTELLECTUAL PROPERTY RIGHTS

1. All rights, title to, and interest, including but not limited to the intellectual property rights, in the Output or in the promotional material(s) related to the Campaign shall vest solely, exclusively, and at all times with MDLZ. MDLZ or any person or entity permitted by MDLZ in this regard shall be entitled to use the Output or any information gathered from your participation in the Campaign, received in any medium whatsoever, for all its future promotions, marketing, publicity, consumer research, and/or any other related purpose, without any permission and/or payment to you or the person for whom the Output was generated. Neither you nor the Film Subject have any intellectual property rights in the Output created in the Campaign.

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2. You waive any right of ownership or claim you may have in or to the Output created, and the Output shall be MDLZ’ exclusive property. You hereby grant MDLZ a perpetual, irrevocable, royalty free, sub-licensable, worldwide license to use the Input (use the Input to the extent it is embodied in the Output) to the extent necessary for this Campaign and/or related purposes. You permit MDLZ to use the Output in any mediumand in any manner which it deems fit for purpose/s related to the Campaign.

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CAMPAIGN DETAILS

By participating in the Campaign, you give MDLZ permission to use your name, email and date of birth (“Personal Details”) for campaign analysis, consumer research, marketing, and /or other related purposes (to be used at all times in accordance with our privacy policy).

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INDEMNIFICATION

By participating in the Campaign and to the fullest extent permitted by applicable law, you release, indemnify, defend, and hold harmless MDLZ from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to your participation in the Campaign, such as but not limited to those arising from your breach of these terms and conditions and/or applicable laws and due to your fault and/or gross negligence, personal injury and damage to property, violation of the intellectual property rights of a third party, or any claim or challenge raised by the person for whom you have generated the Output.

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GOVERNING LAW AND JURISDICTION

This Terms and Conditions shall be governed by the laws of Australia, and the courts of competent jurisdiction ofAustralia shall have sole and exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Campaign.

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ADDITIONAL TERMS

1. Through the Campaign, MDLZ only intends to engage with the valued consumers of Cadbury to provide an opportunity to them to enjoy a personalized gifting experience. You acknowledge that you are solely responsible to the Film Subject. MDLZ will not be responsible in any manner, and for whatever reason, to the Film Subject.

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2. MDLZ will not be responsible for: (a) any SPAM generated messages not originating from MDLZ or its suppliers; (b) any SMS/WhatsApp/other messaging service message delivery failures; (c) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the Campaign, or by any technical or human error that may occur in the processing of entries; (d) any printing or typographical errors in any materials associated with the Campaign; (e) any error in the operation or transmission, theft, destruction, loss, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; (f) injury or damage to your or any other computer or mobile resulting from downloading any materials in connection with the Campaign; (g) if the participants do not have mobile phones or other gadgets or means that support the Campaign link/technical requirements; (h) other conditions beyond our reasonable control or any Force Majeure Event.

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3. Any attempt to deliberately damage the website of the Campaign or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Campaign may be a violation of criminal and civil laws. If MDLZ incurs any cost in connection with your breach of these Terms and Conditions or any other legal obligation, you agreeto indemnify MDLZ for those losses, damages, and costs to the fullest extent permitted by law.

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4. MDLZ will not be responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this Campaign or the downloading of any materials related to this Campaign.

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5. MDLZ and/or its affiliates, employees, officers, directors, and agents accept no liability and shall not be responsible and/or liable in any manner whatsoever in case you are unable to participate in the Campaign for any reason whatsoever such as but not limited to failure on the part of the telecom operator/facility provider, internet issues, device compatibility, capacity constraints. etc.

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6. MDLZ accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. MDLZ shall not be liable for any consequences of user error including (without limitation) costs incurred.

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7. The information used to create your avatar video (other than your name, email and date of birth, which will be retained in accordance with the privacy terms) will be deleted from our system as soon as reasonably practicable after your video is generated and in any event within 30 days from creation. We will not retain a copy of the video on our system after 30 days.

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PRIVACY POLICY

1. All personal information you provide will be handled in accordance with these terms and conditions and MDLZ’ Privacy Policy which may be found here: https://privacy.mondelezinternational.com/au/en-AU/privacy-policy/

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2. The information used to create your avatar video (other than your name, email and date of birth, which will be retained in accordance with the privacy terms above) will be deleted from our system as soon as reasonably practicable after your video is generated, emailed and kept available for you to download for 30 days and we will not retain a copy of the video on our system.

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3. Should there be any questions regarding the Campaign, participants can reach us at our consumer hotline 1800 250 260 / 0800 223 2879 or via https://contactus.mdlzapps.com/mondelezinternational/contact/en-AU/

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