TERMS AND CONDITIONS
1. Information on how to enter, how to claim, the prize and gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. 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.
3. Entry is only open to Australian residents aged 13 years or over.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
5. The promotion commences on Tuesday, 27 March at 7:00am AEDST and closes at 10:00pm AEDST on Tuesday 27 March 2018 or once the last prize comment by the Promoter has been posted, whichever occurs first (â€œPromotional Periodâ€).
6. To enter, individuals must:
(a) To enter, individuals must, during the Promotional Period, visit the Weet-Bix page on Facebook (www.facebook.com/weetbix) (â€œFacebook Pageâ€) or see the promotional post on their newsfeed and
(b) Post a comment as per the instruction on the promotional post.
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrantâ€™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. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple prize draw entries permitted, subject to the following: each entry must be submitted separately and in accordance with entry requirements.
10. 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.
11. The Promoterâ€™s decision is final and no correspondence will be entered into.
12. The Promoter will have the following instant prizes available to win:
|Easter Egg Hunt Prizes||Number||Value||TOTAL|
|Weet-Bix Cook Book||100||$75||$7,500|
|Tim Cahill signed New Balance jersey||1||$200||$200|
|BBL players signed Cricket Bat||2||$200||$400|
|Fitbit Charge 2||2||$179||$358|
|Weet-Bix Surf Groms back pack and Rashy||2||$40||$80|
|Go Pro Hero6||1||$599||$599|
|Ultimate Ears BOOM 2 Portable Bluetooth speaker||1||$169||$169|
13. Before the start of the Promotional Period, the Promoter will randomly select 117 winning times between 7:00 am to 10:00 pm. The first entry received on or after a winning time will win an instant prize from those available as listed above.
14. Instant winners will be notified instantly online at the time of entry submission. The winners’ name will be published on the original promotional post on www.facebook.com/weetbix on Wednesday 28 March 2018.
15. Total prize pool value is $9,416. Each prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.
16. Prizes will take up to four weeks to be delivered.
17. Any prize that remains unclaimed as at the start of the unclaimed prize draw will be entered into the unclaimed prize draw. The unclaimed prize draw will take place at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale at 12:00pm on Thursday 28 June 2018, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw. Any winners will be published on the original promotional post at www.facebook.com/weetbix on Tuesday 3 July 2018.
18. 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.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a/the prize by the time stipulated by the Promoter, then 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 (â€œContentâ€). 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 creatorâ€™s/creatorsâ€™ 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (â€œNon-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 Promoterâ€™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 the prize.
26. Any cost associated with accessing the promotional website is the entrantâ€™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. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
NSW Permit No. LTPM/18/02860
ACT Permit No. TP 18/00432
SA Permit No. T18/521