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. Entry is only open to New Zealand residents aged 13 years or over. 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.
3. The promotion commences on 9 June 2017 and closes at 11.59PM on 23 June 2017 (“Promotional Period”).
4. To enter, you must during the promotional period:
5. 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. Winners (or if the winner is under 18 years of age their parent or guardian on their behalf) must upon request supply suitable identification at the time that the Promoter delivers the prize.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Only one entry permitted per person.
8. 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.
9. The draw will take place at (Sanitarium, 1 Sanitarium Drive, Berkeley Vale, NSW) at 12:00pm AEDST one (1) day after the close date with the winners chosen by a panel from the Sanitarium Communications and Nutrition departments. Winners will be notified via their supplied email address within two (2) business days of the draw. The winners (of a prize valued at over $50) will be published in the July issue of Wholicious living.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. The winners will receive one copy of Food As Medicine: Cooking for Your Best Health
by Sue Radd (RRP: $55 each). Prizes will be sent out within 14 days of the competition closing.
12. If more than one (1) prize is to be awarded, the prizes will be awarded in descending order of value.
13. 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.
14. 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.
15. Total prize pool value is up to $275. Each prize is valued up to $55, and is not transferable or exchangeable and cannot be taken as cash.
16. A draw for the prize/any prizes if unclaimed may take place three (3) months after the draw date at the same time and place as the original draw, subject to any directions from a regulatory authority. In the case of a winner, they will be notified by email within two (2) business days of the relevant draw.
17. A draw for the prize/any prizes if unclaimed may take place three (3) months after the draw date at the same time and place as the original draw, subject to any directions from a regulatory authority. In the case of a winner, they will be notified by email within two (2) business days of the relevant draw.
18. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). 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 1994
(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.
19. 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.
20. 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.
21. 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.
22. 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 Consumer Guarantees Act, as well as any other implied warranties ("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.
23. 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 the prize.
24. 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.
26. The Promoter collects and holds personal information and content provided by entrants in order to conduct this promotion and for future promotional purposes. The promoter may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and offer suppliers. The Promoter is required by law to provide information to law enforcement agencies and government regulatory authorities. Claim is conditional on providing this information. All claims will become property of the Promoter. Each claimant’s submitted claim will remain anonymous and will be stored by the Promoter for further research purposes.
27. The Promoter is Sanitarium Health & Wellbeing Company, 124 Pah Road, Auckland 1023, New Zealand.