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Terms and Conditions of Elastoplast 2014
Glasgow Commonwealth Games Consumer Promotion
(Terms and Conditions) Information on how to enter the Race Is On 2014 Glasgow Commonwealth Games (Promotion) and prizes form part of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other published materials, these Terms and Conditions will prevail. By participating in this Promotion you accept these Terms and Conditions. Entries not made in accordance with these Terms and Conditions will be disqualified.
The promoter is Beiersdorf Australia Ltd, 4 Khartoum Road, North Ryde NSW 2113, ABN 98 000 025 623, telephone 02 9888 0928 (Promoter).
This Promotion is open to Australian residents only (Entrants). Entrants under the age of 18 may only enter with the consent of their parent or their legal guardian and acknowledge that the prize will be registered in the name of that parent or legal guardian. Entrants must be available to take a prize between 29/07/14 and 07/08/14 in case they are a Winner, as defined in clause 11. Employees or directors of the Promoter and the Promoter’s agencies associated with this Promotion and their immediate families are ineligible to enter.
This Promotion commences at 12.01am AEDT on 01/03/14 and entries close at 11.59pm AEST on 30/06/14 (Promotion Period).
This Promotion is a game of chance.
To enter, Entrants must, during the Promotion Period:
Purchase any two (2) Elastoplast, Elastoplast Sport or Leuko products in one transaction (Eligible Purchase);
visit
www.elastoplastsport.com.au (Website);
follow the prompts on the Website to register their details (including full name, email, phone number and street address) as well as provide all the requested information as required by the Promoter; and
submit their entry so that it is received no later than 11.59pm AEST on 30/06/14.Entrants must retain their original receipt and barcode to verify each entry.
The Promoter will accept multiple entries, subject to the following restrictions:
Each entry must be based on a separate Eligible Purchase; and
Each entry must be submitted separately and in accordance with these Terms and Conditions
The Promoter will not consider entries not completed in accordance with these Terms and Conditions or received after the Promotion Period has ended. Incomplete or incomprehensible entries will be disregarded. The Promoter accepts no responsibility for late, lost or misdirected entries.
There are two prizes (Prizes). Each Prize is a trip to the Glasgow 2014 Commonwealth Games for the Winner and one (1) companion valued at up to $14,800 (inc GST) depending on the winner’s point of departure. Prizes must be taken to coincide with the Glasgow 2014 Commonwealth Game event with flights departing on either 29/07/14 or 30/07/14 and returning on either 06/08/14 or 07/08/14, to be determined by the Promoter in its sole discretion. Flights and booking are subject to availability. Each Prize consists of:
Return economy airfares (airline as specified by the Promoter), including airfare taxes, for the Winner and his or her companion from the Winner’s nearest Australian capital city to Glasgow, Scotland via Sydney, NSW. If a winner is not from Sydney, NSW, the prize will include return economy airfares from the winner’s nearest capital city to Sydney, NSW and one (1) night’s (twin share) accommodation (minimum 4 star) in Sydney, NSW to be determined by the Promoter in its absolute discretion (if necessary before/after boarding the flight to/from Glasgow, Scotland) and return airport transfers to/from accommodation;
Return transfers in Glasgow, Scotland between the airport and hotel for the Winner and his or companion;
Four (4) nights (twin share) accommodation in a minimum 4 star hotel including breakfast on each day (accommodation to be determined by the Promoter, in its absolute discretion) for the Winner and his or her companion;
Two (2) x general admission tickets to each of the following Glasgow 2014 Commonwealth Game events: Gymnastics, Badminton, Athletics and the Closing Ceremony; and
Return bus transfers between the hotel and each Glasgow 2014 Commonwealth Game event specified above.
Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included in the Prize. During the entire duration of a Prize, a nominated parent or guardian must accompany any person under 18 years of age as the Winner’s companion or at the Winner’s own expense. Each Winner and his or her companion must depart from and return to the same departure point at the same time and travel together. Prizes are subject to any additional terms and conditions specified by any Prize supplier/s and service providers. The Winners and their companions are responsible for ensuring that they have all necessary documents to travel to Glasgow, Scotland, including a current passport and any visas that may be required. The Promoter will determine the itinerary in its absolute discretion. Frequent flyer points will not form part of the Prize. Winners may be required to present their credit card at the time of accommodation check in but the credit card will not be charged for the accommodation and breakfast provided pursuant to clause 9(c).
The Glasgow 2014 Commonwealth Game 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 his or her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize.
The total prize pool value is up to $29,600 (inc GST).
Prizes are not transferable or exchangeable and cannot be taken as cash. Where a Prize (or part of a Prize) is unavailable for any reason, the Promoter reserves the right to substitute that Prize (or part of that Prize) with another prize of equal value or specification, subject to any necessary approval of the relevant gaming authorities. Winners will be notified accordingly. The Promoter will not be liable for any changes to the value or make up of products offered as a prize.
Without limiting the previous paragraph, if any of the Commonwealth Games events specified in clause 9(d) are abandoned, called off or postponed for any reason, the Winners (and their companion) will forfeit the tickets to that event and no cash or alternative tickets will be substituted for that component of the prize. The Winners will still receive all other components of the prize.
The winners will be the Entrant who submitted the first two valid entries randomly drawn by way of a computer database containing all valid entries (Winners).
The award of the Prizes to the Winners is final. The Promoter will not enter into any correspondence with any Entrant other than the Winners in relation to this Promotion or the Prize.
The draw will be conducted at 12.01pm AEST on 02/07/14 at Orchard Marketing, Studio 1, 285A Crown Street, Surry Hills NSW 2010 (Draw).
Winners will be notified in writing (mail or email) as well as by phone within two (2) days of the Draw to the address and number each Winner provided in his or her entry.
The name of the Winners will be published on the Website on 11/07/14.
There will be a redraw in order to distribute unclaimed prizes conducted at 12.01pm AEST on 16/07/14 at Orchard Marketing, Studio 1, 285A Crown Street, Surry Hills, NSW 2010. Winners of the redraw will be notified in writing (mail or email) as well as by phone within two (2) business days of the redraw to the address and number each Winner provided in his or her entry. The name of the Winners will be published in the Website on 21/07/14. All Prizes must be claimed by 23/07/14 or will be forfeited.
If for any reason a Winner does not take a Prize (or part of a Prize) as stipulated by the Promoter, the Winner will forfeit that Prize (or part of a Prize) and cash will not be awarded in lieu of that Prize (or part of a Prize).
The Winners should allow seven (7) days for the Prize delivery. Prizes details will be sent by email to the address each Winner provided in his or her entry.
The Promoter and its agencies and companies associated with this Promotion will take no responsibility for Prizes damaged, lost or stolen in transit.
All ancillary costs or requirements associated with the Prizes are the Winner’s sole responsibility.
The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Winners should seek independent financial advice in relation to any tax payable in relation to the Prize.
The Promoter reserves the right to refuse to allow a Winner or his or her guests to take part in any or all aspects of the Prize if the Promoter determines, at its absolute discretion, that the Winner or his or her guests are not in the mental or physical condition necessary to participate in the Prize safely.
The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant invalid if the Entrant:
fails to establish his or her entitlement to enter this Promotion to the satisfaction of the Promoter;
tampers with the entry process or benefits from such tampering; or
submits an entry that is not in accordance with these Terms and Conditions.
The Promoter also reserves the right, at any time, to verify the validity of entries and Entrants’ details (including an Entrant’s identity, age and address). The Promoter may accept errors and omissions at its discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
If there is a dispute as to an Entrant’s identity, the Promoter reserves the right, at its sole discretion, to determine the Entrant’s identity.
Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, 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 or in relation to this Promotion.
Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible, 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 or in relation to:
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
any theft, unauthorised access or third party interference;
any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the Promoter’s reasonable control;
any variation in Prize value to that stated in these Terms and Conditions;
if any event at the Glasgow 2014 Commonwealth Games, or Glasgow 2014 Commonwealth Games is cancelled or delayed for any reason;
any tax liability incurred by an Entrant or Winner; or
use of or participation in a Prize.
It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize and the Prize supplier’s requirements.
In consideration of the Prize, Winners grant the Promoter, its affiliates and licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to reproduce, publish, communicate, modify and adapt their entry for any purpose in any media, without compensation, restriction on use, attribution or liability. Winners agree not to assert any moral rights in relation to their entry and warrant that they have the full authority to grant these rights.
Each Entrant agrees that he or she is fully responsible for his or her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under this Promotion. The Promoter may remove any entry without notice for any reason whatsoever.
Entrants warrant and agree that:
they will not submit any entry that is unlawful or fraudulent, or that may breach of 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;
they will obtain full prior consent to the uses contemplated in these Terms and Conditions from any person who has jointly created or has any rights in relation to the entry;
their entry does not contain viruses or cause injury or harm to any person or entity;
any person whose personal information, including any image included in a photograph or visual recording included in their entry is a person with whom the Entrant has a direct family or friendship relationship, and has consented to the use of his or her image for and in connection with this Promotion. If the person is under 18 years of age, the person’s parent or legal guardian has provided that consent; and
they will comply with all applicable laws and regulations, including without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other term in these Terms and Conditions, Entrants agree to indemnify and keep indemnified the Promoter for any breach of the terms above.
The Promoter collects personal information in order to conduct this 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 regulatory authorities. It is a condition of entry that Entrants provide the personal information requested and consent to the use of their personal information as specified in these Terms and Conditions. If an Entrant does not provide the information and consent required, that Entrant’s entry will be invalid. The Promoter may, for an indefinite period, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Entrant may opt out of receiving further communications of this nature from the Promoter by contacting the Promoter. Entrants should direct any request to access, update or correct information by writing to the Privacy Officer at the Promoter’s address set out in clause 2. Any complaints regarding the treatment of personal information should also be directed to that office and will be dealt with by the Promoter in accordance with its Privacy Policy. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas in accordance with its Privacy Policy.
The Promoter will collect and store all personal information in accordance with all applicable Australian laws as well as its privacy policy, available at:
http://www.beiersdorf.com.au/Contact_Service/Legal_Disclaimer/Privacy_Policy.html.
Entrants consent to the Promoter using their name, likeness, image and voice (including photograph, film and recording of the same) in any media worldwide for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed or supplied by the Promoter.
If for any reason this Promotion cannot run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the Promoter’s control corrupting or affecting the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter can, at its sole discretion, take any action that may be available, and cancel, terminate, modify or suspend this Promotion, subject to any applicable State and Federal laws and regulations.
The Website may not be available for access from time to time during the Promotion Period. All access to, and use of, the Website is at the individual’s risk. Any contact details entered incorrectly on the Website will result in the relevant entry being invalid.
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.
Any costs associated with accessing the Website is the Entrant’s responsibility and is dependent on the Internet service provider used.
This Promotion is authorised under:
NSW Permit No. LTPS/14/00316
Vic Permit No. 14/3225
SA Licence No. T14/116
ACT Permit No. TP 14/00128
