Weet-Bix Springfree Promotion

TERMS AND CONDITIONS

  1. Information on how to enter and the prizes 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 at 9.00AM AEST on Monday 16 November 2020 and entries close at 23:59PM AEST on Sunday 6 December 2020 (“Promotional Period“).
  5. To enter, individuals must, during the Promotional Period:
    • access the “Win the Ultimate Summer Backyard Set-Up” online form (“Form”) by one of the following methods:
      • view the promotional ‘Weet-Bix’ or ‘Springfree’ post in their Facebook newsfeed or visit the Weet-Bix Facebook page (facebook.com/weetbix) or the Springfree Facebook page (www.facebook.com/Springfree) directly and locate the promotional Facebook post. Click on the link within the promotional Facebook post which will take individuals directly to Form; or
      • view the promotional ‘Weet-Bix’ lead generation post in their Facebook newsfeed and click on the link which will take individuals to the Form contained within the Facebook post
      • click on the link contained within any relevant promotional email received from the Promoter which will take individuals directly to the Form; and
        • input the requested details into the Form (including their full name and email address) and submit the fully completed Form
  1. 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.
  2. Incomplete or indecipherable entries will be deemed invalid.
  3. Only 1 entry is permitted per person and an entrant may only win 1 prize in respect of this promotion.
  4. If there is a dispute concerning the conduct of this promotion (including as to the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant’s grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
  5. Winner determination:
    • The draw will take place at Sanitarium Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) at 1 Sanitarium Drive, Berkeley Vale NSW 2261, at 12:00pm AEST on Monday 7 December 2020.
    • The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
    • The winner will be notified in writing within two (2) business days of the draw date.
    • The winner will be published as a comment on the original Facebook competition post at https://www.facebook.com/weetbix/ from Monday 7 December 2020.
    • The winner must respond to the Promoter by Friday 11 December 2020 to claim the prize.
  1. Draw Prize/s and how each is awarded: The first valid entry drawn will win one (1) Medium Round Springfree Trampoline, with FlexrStep plus installation and delivery valued at $2,118, as well as one (1) Weet-Bix backyard cricket set comprising of a plastic bat, wicket and ball valued at $19.25. The next five (5) valid entries will each receive one (1) Weet-Bix backyard cricket set comprising of a plastic bat, wicket and ball valued at $19.25. Unless expressly set out in this clause, there are no bonus prizes awarded as part of this promotion.
  2. 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.
  3. Subject to the unclaimed prize draw clause, if for any reason the 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.
  4. Total prize pool value is up to $2,233.50AUD.
  5. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  6. A draw for any prize/s which are unclaimed (in accordance with clause 13) by the Prize Claim Date may take place from amongst all non-winning entries on 21 December 2020 at 1.00pm AEDT at 1 Sanitarium Drive, Berkeley Vale NSW 2261, subject to any directions from a regulatory authority. Unclaimed prize/s will be awarded to randomly drawn entrants. In the case of a winner, they will be notified by email by 23 December 2020. The unclaimed prize winner/s will be published at https://weetbix.com.au/springfree on 23 December 2020 for a period of 28 days and must claim their prize within this time.
  7. 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.
  8. 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.
  9. 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 Guarantees”). 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.
  10. 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.
  11. 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.
  12. This promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. Entrants provide their information to the Promoter and not to any social media platform. Entrants completely release any relevant social media platforms from any and all liability.
  13. 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 24 or emailing CustomerRelations@Sanitarium.com.au. 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.
  14. The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392.
  15. If any terms and conditions are imposed by a third party on a winner’s ability to use some or all of the prize (by way of example, ticketing terms of use, venue entry terms and standards etc) (Third Party Provider) then the winner must comply with those additional terms (which may include a requirement to demonstrate appropriate standards of behavior while using the prize) or the winner will forfeit the prize (and the ability to continue to use and enjoy the prize) immediately on notice from the relevant Third Party Provider, or the Promoter (as applicable).  Further, the entrant acknowledges and agrees that clause 24 applies equally to limit the liability of any Third Party Provider in respect of the conduct of the Promotion or the issue or use of any prize awarded in respect of the Promotion.