TERMS AND CONDITIONS
1. Information on how to enter and the prize/s form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
4. The promotion commences on 28 APRIL 2019 and entries close at 12:00PM AEST on 6 MAY 2019 (“Promotional Periodâ€).
5. To enter, individuals must:
(a). Submit a biography telling us why how Weet-Bix Cholesterol Lowering has improved their cholesterol and overall health (Bio). Participants should tell us about their experience with cholesterol, what changes they’ve made to their diet, how they heard about Weet-Bix Cholesterol Lowering and favourite way to have Weet-Bix. Entries can be submitted using the form found at www.weetbix.com.au/heart-week-entry-form. Participants must provide their contact details (including telephone number and email address) and submit a photo of themselves.
6. Any uploaded files must be submitted in accordance with the relevant platform’s requirements and must not exceed 5MB file size.
7. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. This promotion is a game of skill and chance plays no part in determining the winners.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Limit on entries:
(a). Only one (1) entry is permitted per person
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. Winner determination:
(a). At the end of the Promotional Period, the best ten (10) entries will be chosen as finalists, based on creative merit, as judged by a panel at Sanitarium, 1 Sanitarium Dr, Berkeley Vale NSW 2261 at 2:00PM AEST on 6 May 2019.
(b). The ten (10) finalists will be interviewed via Skype/Facetime by Sanitarium representatives. After the interviews, the panel will then choose the five (5) winners.
(c). The winners will be notified via phone and in writing within two (2) business days. The winners will be published at www.weetbix.com.au within fourteen (14) days of the determining the winner.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. Draw Prize/s and how each is awarded:
Major Prize:
(a). The Winners’ image/video and a short description about them featured on Weet-Bix websites, social media and other marketing collateral
(b). Westfield gift card valued at $250 and
(c). 1 case of Weet-Bix Cholesterol Lowering product
Finalists Prize:
(a). Westfield gift card valued at $100
(b). 1 case of Weet-Bix Cholesterol Lowering product
For the purposes of the Major Prize:
Winners must be available to:
(a). Take part in a video shoot, or such other day as Sanitarium advises (“Video Shootâ€).
(b). Work with Sanitarium and its agents to write a short description about them to be included in the video.
(c). If any Winner is not available on the date specified and/or does not work with Sanitarium and its agent, then they will become ineligible as a Winner and a new Winner may be selected by Sanitarium at its sole discretion.
(d). Participant’s acknowledge that Sanitarium may, but is not required to, use the Bio and photos submitted under this Promotion as part of the Winner’s Feature.
15. If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17. Total prize pool value is up to $2,000.
18. Prize/s, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Contentâ€). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a). they 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;
(b). their Content shall not contain viruses or cause injury or harm to any person or entity;
(c). they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d). the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
(e). they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f). they 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, the entrant agrees to indemnify the Promoter for any breach of the above terms.
21. As a condition of entering this promotion, each entrant licenses and grants 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
22. Entrants consent to the Promoter using their 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
23. 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 but not limited to technical difficulties, unauthorised intervention 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.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth), as well as any other implied warranties under the ASIC Act (Act) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guaranteesâ€). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.
25. 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 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: (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 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.
26. Any cost associated with accessing the competition 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.
27. 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, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, 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 opt out, access, update or correct information to the Promoter using the details in clause 28 or emailing [email protected]. All entries become the property of the Promoter. Visit https://www.sanitarium.com.au/corporate/privacy for the Promoter’s privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint. The Promoter may share personal information with third parties located outside of Australia, including New Zealand. While such third parties will often be subject to privacy and confidentiality obligations, such obligations may be less stringent than the requirements under Australian privacy laws and the Promoter cannot guarantee that the recipient will comply with Australian privacy laws, and despite this, an entrant consents for this to occur and agrees not to hold the Promoter liable in this regard.
The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health & Wellbeing Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392.
