TERMS AND CONDITIONS OF ENTRY FOR THE “SWISSE TRIP TO ITALY PROMOTION” (PROMOTION) 1. Any information on how to enter the Promotion and prize information form part of these terms and conditions of entry (Conditions of Entry). 2. Entry into the promotion is deemed acceptance of these Conditions of Entry. 3. The entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of entry into the Promotion. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally. 4. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded the prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs. 5. The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into. 6. The Promoter is Swisse Wellness Pty Ltd (ABN: 62 004 926 005) of 111 Cambridge St, Collingwood, Victoria 3066 (Promoter). 7. Retailers participating in this Promotion are Terry White Chemists, Chemmart and Chemplus bannered outlets in Australia (including the online stores available at www.terrywhitechemists.com.au www.chemmart.com.au and www.chemplus.com.au respectively) (Participating Outlets). Participating Outlets (excluding the online stores) will display Promotion materials. If in doubt, an Eligible Entrant may ask a retailer if they are participating in this Promotion. PROMOTION PERIOD 8. The Promotion will commence at 00:01 AEDT on 05/01/2017 and conclude at 23:59 AEDT on 03/02/2017 (Promotion Period). WHO CAN ENTER 9. Entry in the Promotion is only open to Australian residents aged 18 years or older able to travel to Italy between 01/03/2017 and 31/08/2017 (dates in the Promoter’s discretion), excluding: (a) management, employees, directors and contractors of the Promoter, its related entities, the Participating Outlets and other agencies, firms or companies associated with the Promotion (including suppliers of the prize); (b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 9(a) of these Conditions of Entry; (c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter, (Eligible Entrants). The persons referred to in paragraph 9(b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion. HOW TO ENTER 10. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period: (a) purchase any Swisse product (Eligible Product) from a Participating Outlet (Qualifying Page 1 of 8
Purchase) and collect their purchase receipt; (b) visit www.swisse.com and follow the links to the Promotion entry page (Online Entry Site); and (c) fully complete and submit the online Promotion entry form on the Online Entry Site (Online Entry Form), including: i. all details required on the Online Entry Form, including but not limited to their first name, last name, residential address, contact phone number, email address and gender; ii. the receipt number corresponding to their Qualifying Purchase; and iii. indicating their acceptance of these Conditions of Entry, (Eligible Entry). 11. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are solely dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser. 12. If an Eligible Entrant submits an entry: (a) which complies with these Conditions of Entry, they will receive an on-screen notification confirming that their entry has been received; or (b) which does not comply with these Conditions of Entry, they will receive an on-screen notification that their entry is invalid, whichever is applicable in the circumstances. 13. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means invalid. 14. Incomplete, ineligible, indecipherable or incorrect entries (as determined by the Promoter in its absolute discretion) are not eligible to win. 15. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant. VERIFICATION 16. Entrants must retain their original purchase receipt from their Qualifying Purchase (Proof of Purchase) which corresponds to each entry they submit in the Promotion. 17. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion: (a) appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, place of residence, eligibility to enter the Promotion and claim the prize (if won) and compliance with these Conditions of Entry; and (b) their Proof of Purchase that corresponds to all entries they have submitted in the Promotion. 18. If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter in its absolute discretion, the entry(s) submitted by the entrant will be deemed invalid. Page 2 of 8
19. The prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. In the event that the Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit their right to a Prize and no substitute will be offered. 20. Entrants can only enter the Promotion in their own name. Entrants who enter using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be disqualified and all entries submitted by that entrant will be deemed invalid. PRIZE DRAW AND PRIZE INFORMATION 21. A random electronic prize draw will be conducted by a representative of the Promoter at Prime Focus, Level 1, 500 Chapel Street, South Yarra, Victoria 3141 (Draw Location) at 12 noon AEDT on 10/02/2017 from all Eligible Entries received during the Promotion Period (Prize Draw). The Promoter may draw additional reserve entries in the Prize Draw and record them in order to use in the instance an invalid entry or ineligible entrant is drawn, in accordance with these Conditions of Entry. 22. The first Eligible Entrant with a valid Eligible Entry drawn in the Prize Draw will win a trip for the winner and a guest (aged 18 years or older) to Italy valued at up to AUD$47,500 (including GST) (Prize). 23. The Prize includes: (a) Two (2) return economy flights from the winner’s nearest Australian state/territory capital city to Milan, Italy, valued at up to $5,000 (including GST); (b) Return transfers for two (2) from Milan airport to the accommodation in Lake Como; (c) five (5) nights accommodation (minimum four (4) star) in Lake Como (standard twin-share room), valued at up to $4,000 (including GST); (d) opportunity for the winner and their nominated travel companion to bike ride around Lake Como with Cadel Evans, valued at $22,000 (including GST); (e) opportunity For the winner and their nominated travel companion to lunch with Cadel Evans in Lake Como, valued at $10,000 (including GST); and (f) AUD$5,000 spending money, awarded to the winner only as a loaded currency/travel card (card type in the Promoter’s discretion). 24. Travel dates will be between 01/03/2017 and 31/08/2017 - the Promoter will determine travel dates (in conjunction with Signature Sport/Cadel Evans). These dates may be subject to change. The travel dates and Cadel Evans’ availability are to be determined in absolute discretion of Swisse, Signature Sport and Cadel Evans. 25. Both people travelling the Prize must be aged 18 years or older. 26. The Promoter will endeavour to fulfill the Prize as described, however, if Cadel Evans’ schedule changes or he is unavailable due to circumstances out of the control of the promoter, then the Prize may not include the ride and lunch with Cadel Evans, and in such instance the Promoter in its sole discretion, will use best endeavours to arrange a suitable alternative experience. 27. Travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with accommodation provider. 28. All aspects of the Prize (including travel and accommodation) are for two (2) people travelling together at all times. Page 3 of 8
29. The travel itinerary for the Prize is to be determined by the Promoter in its absolute discretion. 30. Frequent flyer points will not form part of the Prize. 31. Prize participants must be in possession of a valid passport with a minimum of 6 months’ validity from the date of the participant’s return to Australia and be able to travel to Italy during the travel period designated above. 32. Any costs incurred in sourcing or renewing visas and/or passports are the responsibility of the Prize participants. 33. The Prize must be taken as stated. The Prize cannot be exchanged for other travel, flights or accommodation at other destinations. All components of the Prize must be taken together as a single trip to be booked by the Promoter. Once the Prize is booked, no changes can be made. 34. Prize participants must hold a valid credit card and present it on check in at the accommodation establishment, to cover any incidental hotel charges any incidental charges are the sole responsibility of the prize participant. 35. The Prize does not (except as expressly stated) include: (a) Any transport between a traveller’s residence and the departure airport; (b) any overnight accommodation while travelling to the departure airport or destination; (c) any other travel or accommodation; (d) any incidental charges (such as mini-bar charges, telephone calls, in house movies, food and beverages); (e) any insurance (such as travel or health cover), however the Promoter requires the Prize winner and their nominated travelling companion cover themselves with full travel insurance valid for travel to Italy. Receipt of insurance for all persons travelling must be supplied to the Promoter prior to travel. Should the Prize winner or their travelling companion fail to take out travel insurance, the Promoter will require them to sign a waiver prior to travel; (f) any vaccinations or other medical or health related services; and (g) any other ancillary costs which may be incurred by those travelling. 36. As a condition of accepting a Prize, the Prize winner and companion must sign any legal documentation as and in the form required by the Promoter and/or Prize providers in their absolute discretion, including but not limited to a legal release and indemnity form. 37. Prize participants are responsible for compliance with any health, passport, visa and other requirements for entry into Italy, any country en-route and for return to Australia (Entry Requirements). 38. Prize participants are responsible for making themselves familiar with, and following, the Australian Government's travel advisory and consular assistance advice available at www.smartraveller.gov.au 39. Participation in the Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the Prize (Third Party Terms). 40. Prize participants are responsible for compliance with all applicable Entry Requirements and Third Page 4 of 8
Party Terms and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while a participant in the Prize. The Promoter assumes no liability (and will provide no compensation) to a Prize winner and/or nominated travel companion who, as a result of any failure to comply with any Entry Requirements or Third Party Terms: (a) is unable to participate in the Prize (or any part of it); or (b) is refused entry into any country; or (c) suffers any other loss or damage. 41. In the event that for any reason the Prize winner or their nominated companion does not want an element of the Prize at the time stipulated by the Promoter then the element of the Prize will be forfeited by the Prize winner and cash will not be supplied in lieu of that element of the Prize. If the Prize winner elects to take the Prize without a travel companion, then the Prize will be for one (1) person only and the winner will forfeit the elements of the Prize that are for a travel companion. 42. The Prize, or components of the Prize, are not transferable or exchangeable and cannot be taken as cash. The Prize must be taken as offered and may not be varied. 43. All costs associated or arising in connection with the Prize are the responsibility of the Prize winner. 44. The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize is obtained through any of these methods, it will not be honoured. NOTIFICATION OF WINNER 45. The Prize winner will be: (a) notified by phone and email within two (2) business days of the Prize Draw; and (b) advertised on www.swisse.com from 17/02/2017. UNCLAIMED PRIZE DRAW (IF ANY) 46. If the Prize is won by an Eligible Entrant and they do not claim their Prize or their Prize is returned to the Promoter by 12 noon AEDT on 24/02/2017 a replacement winner will be chosen from the reserve entries drawn under paragraph 21. If there are no available reserve entries, a random electronic redraw will be conducted at 12 noon AEDT on that date at the Draw Location by a representative of the Promoter from all remaining entries received in the Promotion, subject to any directions from the relevant state and/or territory gaming departments (Re-Draw). NOTIFICATION OF RE-DRAW WINNER (IF ANY) 47. The Re-Draw winner, if any, will be: (a) notified by phone and email; and (b) advertised on www.swisse.com from 27/02/2017. GENERAL 48. Each Eligible Product purchased as part of a Qualifying Purchase counts towards one (1) entry only. 49. Eligible Entrants may submit a limit of four (4) entries in the Promotion. Page 5 of 8
50. If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is. The Promoter’s decision is final and no correspondence will be entered into. 51. The Promoter shall not be liable for any element of the Prize being lost, stolen, damaged or tampered with in any way before it reaches the winner or after it has been released to the winner. 52. The Promoter accepts no responsibility whatsoever for any variation in the value of the Prize from the time of printing Promotion materials. 53. The Promoter accepts no responsibility whatsoever for any tax liabilities that may arise from winning or receiving the benefit of the Prize and independent financial advice should be sought by the winner. 54. If the Promoter is unable to provide the winner with a nominated Prize or component of the Prize, the Promoter reserves its rights to supply an alternative prize (or prize component) of similar monetary value to the nominated Prize (or Prize component), subject to any directions given by state and/or territory gaming departments 55. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanisms will be available, or the Participating Outlets will be open, at all times during the Promotion Period. 56. If, for any reason, the Promotion is not capable of being run as planned, including (but not limited to) due to infection by an act of God, terrorism, state emergency or disaster, computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to state and/or territory regulations, including cancelling, terminating, modifying or suspending the Promotion. 57. Any entrant who, in the opinion of the Promoter: (a) tampers of interferes with the entry or draw mechanism in any way; (b) engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion; (c) does not fairly comply with the entry process; or (d) engages in any unlawful or improper conduct during the fulfiment of the Prize, will be ineligible to win. 58. The: (a) Promoter, the Promoter's related entities, the Participating Outlets and all agencies associated with the Promotion; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph 58(a), shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). Page 6 of 8
The Prize winner must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning and fulfillment of the Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material. 59. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. 60. 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. PERSONAL INFORMATION 61. Immediately upon submission by an entrant, their entry/entries become the sole property of the Promoter. By entering the Promotion, each entrant agrees that the Promoter may use the entrant’s personal information in this way. 62. All information entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and contacting and verifying the winner. 63. Should an entrant's Personal Information change during the Promotion Period, it is the entrant's responsibility to notify the Promoter by contacting the Promoter using the ‘Contact Us’ form on the Online Entry Site. 64. The Promoter collects Personal Information provided by entrants to conduct the Promotion and may disclose entrants' Personal Information to third parties including, but not limited to, its contractors, agents, service providers, suppliers and as required, to Australian regulatory authorities. OPTING-IN TO HEAR FROM THE PROMOTER 65. Should an entrant consent to receiving future information from the Promoter, via placing a tick in the relevant ‘opt in’ box featured on the Online Entry Form, information provided by the entrant will be entered into a database and may be used by the Promoter, the Promoter's related entities, and agencies engaged by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to the entrant. 66. Entrants who elect to ‘opt in’ may request to update or correct their Personal Information held by the Promoter and/or may request that they not receive further Promotional or marketing communications from the Promoter at any time by contacting the Promoter at
[email protected] or by electing to ‘opt out’ by using the ‘opt out’ function on any marketing materials received. PRIVACY POLICY 67. Entrants may view the Promoter’s privacy policy by visiting www.swisse.com The privacy policy details how a privacy complaint can be made. 68. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The Privacy Amendment (Enhancing Privacy Protection) Act 2012) as well as any other applicable laws. 69. Nothing in these Conditions of Entry limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (Non – Excludable Guarantees). 70. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and Page 7 of 8
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 of out: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control), (b) any theft, unauthorized 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 Conditions of Entry, (e) the use of the prize or (g) any other reason arising in any way of or in connection with the Promotion. Authorised under Permit Numbers – NSW LTPS/16/09695, SA T16/2199 & ACT TP 16/02404.
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