“BBL 2021 ELIMINATOR FINAL” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter, how to claim, and the prizes 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 Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261 (Sanitarium or the Promoter). Phone number: 1800 673 392.
  3. Entry is only open to Australian residents aged 13 years or over who otherwise qualify as an eligible entrant for the prize draw under these Terms and Conditions.
  4. 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 (or collecting or accepting any prize the subject of this promotion).
  5. Employees (and their immediate families) of the Promoter, Cricket Australia 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.
  6. The promotion commences at 11am AEDST on Wednesday 20 January 2021 and closes at 12pm AEDST on Tuesday 26 January 2021 (Promotional Period).
  7. Individuals must complete the following steps, during the Promotional Period:
    • access the “Win a family pass to the KFC Big Bash Eliminator” online form (Form) by one of the following methods:
      • (i) should they view the promotional ‘Weet-Bix’ post in their Facebook or Instagram newsfeed (which may be a sponsored post), click on the link within the post which will take them directly to the Form;
      • (ii) visit the Weet-Bix Facebook page (facebook.com/weetbix) directly,  locate the promotional post and click on the link within the  post which will take them directly to the Form; or
      • (iii) click on the link contained within any relevant promotional email received from the Promoter which will take them directly to the Form;
    • input the requested details into the Form (including their full name, mobile telephone number, residential address and email address); and
    • submit the fully completed Form.
  8. Only individuals who reside in the State in which the KFC Big Bash League (BBL) Eliminator Final will be held will be eligible to win any prize. For the avoidance of doubt, an individual that has completed the Form will not be an eligible entrant in the promotion if they are not residing in the State in which the Eliminator Final is held.
  9. 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.
  10. Incomplete or indecipherable entries will be deemed invalid.
  11. Entries are limited to one entry per person. An entrant is prohibited from winning multiple prizes.
  12. 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, in its sole discretion, to resolve the dispute in the manner it determines most appropriate, acting reasonably.
  13. The random draw will take place at Sanitarium at 1 Sanitarium Drive, Berkeley Vale NSW 2261 at 9:00am AEDST on Wednesday 27 January 2021. The winners will be notified by email and text message by 5.00pm AEDST on Wednesday 27 January 2021 (Notification). The prize will be sent to the winner by email and/or text message, as part of the Notification. Prize winners will be published at the Weet-Bix Facebook Page and at www.weetbix.com.au/win-bbl-finals-tickets-2021 by 5.00pm AEDST on Wednesday 27 January 2021.
  14. Subject to clause 12, the Promoter’s decision is final and no correspondence will be entered into.
  15. The first ten (10) unique valid entries randomly drawn will each win one (1) family pass (a family pass is 4 x general admission tickets) to the KFC BBL Eliminator Final, which as at the commencement of the Promotional Period, is scheduled to be held on Friday 29 January 2021. The game venue is to be advised on the Weet-Bix Facebook Page once identified by Cricket Australia.  There are no bonus prizes awarded as part of this promotion.
  16. Each family pass is valued at $170 (being four tickets valued at $42.50 each). Out of pocket costs associated with attending the BBL Eliminator Final, such as accommodation, transport, food and beverages are not included.
  17. Cricket Australia reserves the right in its absolute discretion to change or amend the BBL fixture without notice. Entrants acknowledge that the ongoing and dynamic nature of restrictions, recommendations and directives imposed by the government(s) as a result of Covid-19 may impact a person’s ability to attend the BBL Eliminator Final.  Should this occur, the winner forfeits the prize in accordance with clause 18.  Neither the Promoter nor Cricket Australia accept responsibility for the cancellation or delay of any cricket match connected with this Promotion for any reason beyond the control of the Promoter or Cricket Australia, including due to reasons related to Covid-19.
  18. If for any reason a winner does not claim the prize by the Prize Claim Date or does not otherwise take and/or use a prize at the time stipulated by the Promoter, then the prize will be forfeited and will not be redeemable for cash.
  19. The Promoter takes no responsibility for lost or stolen tickets. If a winner is under 18 years of age the prize will be awarded to the winner’s nominated parent or guardian. Any person under 18 must be accompanied by their parent or guardian while participating in the prize.
  20. By accepting the prize each winner agrees to comply, and ensure that each subsequent ticket holder complies, with the ticket conditions which accompany any tickets won in conjunction with the promotion. Winners also agree to comply, and ensure that each subsequent ticket holder complies, with Cricket Australia’s Conditions of Ticket Purchase, Entry to a Venue and Attendance at a Match 2020-2021 supplemented by conditions of entry imposed by the venue operator.
  21. The ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winner (and/or his/her companions and/or subsequent ticket holders) for any inappropriate behaviours including, but not limited to intoxication, whilst participating in any element of the prize.
  22. The total prize pool value is $1,700. Each prize is not exchangeable and cannot be taken as cash.
  23. Entrants consent to the Promoter and Cricket Australia 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 and Cricket Australia.
  24. 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 government restrictions or recommendations, 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.
  25. 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) 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 and Cricket Australia (including their respective officers, employees and agents) exclude 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.
  26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Cricket Australia (including their respective officers, employees and agents) are not responsible for and exclude 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 or Cricket Australia’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 or Cricket Australia; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if any BBL cricket match is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter or Cricket Australia; (f) any tax liability incurred by a winner or entrant; or (g) use or non-use of the prize.
  27. Any cost associated with accessing the promotional website (including via the Weet-Bix Facebook page or Instagram page) 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.
  28. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. 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 or Instagram. Facebook and Instagram 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.
  29. 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, 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 2 or emailing [email protected]. All entries become the property of the Promoter. Visit  http://www.sanitarium.com.au/privacy for the Promoter’s privacy policy, which includes details on 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information with third parties located outside of Australia, including the United States of America and 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 any overseas 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.
  30. If you have selected the option to receive information and offers from Cricket Australia, you understand and agree that Cricket Australia also collects your personal information, including on behalf of State or Territory cricket associations, including the BBL teams (together, “Australian Cricket”) to communicate with you, and for any of the purposes set out in Australian Cricket’s Privacy Policy (available at  cricket.com.au/privacy  or by emailing  [email protected]), and that the personal information you provide will be disclosed to and used by Australian Cricket under the terms of Australian Cricket’s Privacy Policy, which contains information about how you may access and seek to correct your personal information or complain about a breach of your privacy, and how Australian Cricket will deal with that complaint. Australian Cricket may disclose your personal information to other parties, including Australian Cricket’s third-party service providers. From time to time, these third parties may be located (and so your personal information may be disclosed) overseas, including in India, the USA and the UK, and other countries from time to time. Australian Cricket may use and disclose your personal information for direct marketing purposes, unless you opt out (which you can do at any time in accordance with Australian Cricket’s Privacy Policy), and for facilitating further offers directly from third parties if you opt in to receive those offers. You can request to access, update or correct any personal information Australian Cricket holds about you by writing to Cricket Australia’s Privacy Officer at 60 Jolimont Street, Jolimont, VIC, 3002 or sending an email to  [email protected].