https://www.facebook.com/beroccaaustralia?fref=nf
How does a full day getting pampered at a day spa sound? In celebration of Berocca’s 45th birthday, tell us your ultimate birthday wish in the comments and we’ll make it a reality for 3 lucky winners, up to the value of $1,000 each! For terms and conditions click here
http://on.fb.me/107zZ5E-------------------------------------------------------------------------
TERMS AND CONDITIONS1. Information on how to enter and the prize(s) 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(“Eligible Entrants”).3. Employees (and their immediate families) of the Promoter and agenciesassociated with this promotion are ineligible to enter. Immediate family meansany 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 1st cousin.
4. Promotion commences at 08.00am AEDST 1 November 2014
and all entries must be received by and promotion ends at 11.59pm AEDST on 30 November 2014. (“PromotionalPeriod”). An entry is deemed to be received at the time of its receipt bythe Promoter and not at the time of transmission by the Eligible Entrant.
5. How to Enter: The Promoter will publish a series of 5 ‘Berocca BirthdayWish’ promotional posts on their Berocca Australia Facebook Page wall at
https://www.facebook.com/beroccaaustralia.To enter, Eligible Entrants must during the Promotional Period, post a directcomment to any of the promotional posts, with the comment including a birthdaywish they would like Berocca to make come true. The comment including abirthday wish must be capable for the Promoter to make come true within thebudget of $1,000 as determined by the Promoter. Any entries that do not adhereto the entry requirements as set out in these Terms and Conditions, includingin particular clause 20, as determined by the Promoter in its sole discretion,may be deemed invalid.
6. The Promoter reserves the right, at any time, to verify the validity ofentries and Eligible Entrants (including an Eligible Entrant’s identity, ageand place of residence) and reserves the right, in its sole discretion, todisqualify any individual who the Promoter has reason to believe has breachedany of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other impropermisconduct calculated to jeopardise fair and proper conduct of the promotion.Errors and omissions may be accepted at the Promoter's discretion. Failure bythe Promoter to enforce any of its rights at any stage does not constitute awaiver of those rights. The Promoter's legal rightsto recover damages or other compensation from such an offender are reserved.
7. Incomplete or indecipherable entries will be deemed invalid.
8.
Only one (1) entry permitted per person.9. If there is a dispute as to the identity of an Eligible Entrant, thePromoter reserves the right, in its sole discretion, to determine the identityof the Eligible Entrant.
10. The judging will take place at OrchardMarketing 285a Crown Street, Surry Hills NSW 2010. The judges may selectadditional reserve entries which they determine to be the next best, and recordthem in order, in case of an invalid entry or ineligible Eligible Entrant.
11. Provisional winners will benotified by direct comment to their ‘birthday wish’ comment on theBerocca Australia Facebook wall. Each provisional winner will have 72 hoursafter publication of the notification message to claim their prize. In theevent a provisional winner fails to claim their prize within this time (byfollowing the instructions in the notification message), he/she will forfeittheir right to the prize and the prize will be awarded to the next validreserve entry.
12. This is a game of skill and chance plays no part in determining thewinners. Each entry will beindividually judged based on creative merit and originality of the ‘birthdaywish’ submitted. In determining the winner/s, the Promoter will at its discretion,also take into account the ability of the executed wish to fall within the$1,000 maximum budget (e.g. a wish that requires exorbitant expenditures suchas flights overseas may not be considered), the fanciful nature of the dream (i.e.any limitations on its ability to be made into actual reality), and any otherrestrictions with regard to providing the prize (e.g. booking restrictions, thePromoter’s ability to organise, etc).
13. The Promoter’s decision is final and no correspondence will be enteredinto.
14.
Major Prizes (3 prizes awarded): Thebest three (3) valid entries, asdetermined by the judges will each win a personalised experience created by thePromoter, based on their ‘birthday wish’ submitted on entry. The exactinterpretation of the ‘birthday wish’ provided in each winning entry and theexact aspect/s of the ‘birthday wish’ incorporated in the prize, will bedetermined by the Promoter in its absolute discretion. The exact value of theprize will be dependent on the winner’s ‘birthday wish’, their location, thetime the prize is booked/organised, and the overall personalised experiencecreated by the Promoter, but will NOT exceed $1,000 in value. Each Major Prizewinner will also receive a one month supply ofBerocca Performance (1 pack of Berocca 30s in their preferred flavour) valuedat RRP$15.95. The total value of each Major Prize is valued at up to $1,015.95.15. Runner Up Prizes (10 prizes awarded): The next best ten (10)valid entries as determined by the judges will each win a one month supply of Berocca Performance (1 pack of Berocca 30s in theirpreferred flavour) valued at RRP$15.95.
16. Total prize pool value is up to $3,207.35.17. If for any reason the winner does not take/redeem a prize (or an elementof the prize) at/by the time stipulated by the Promoter, then the prize (orthat element of the prize) will be forfeited.
18. If any prize (or part of any prize) is unavailable, thePromoter, in its discretion, reserves the right to substitute the prize (orthat part of the prize) with a prize to the equal value and/or specification.
19. Prizes, or any unused portion of a prize, are not transferable orexchangeable and cannot be taken as cash, unless otherwise specified.
20. EligibleEntrants agree that they are fully responsible for any materials they submitvia the promotion including but not limited to comments, recordings and images(“Content”). The Promoter shall not be liable in any way for suchContent to the full extent permitted by law. The Promoter may remove or declineto publish any Content without notice for any reason whatsoever. Eligible Entrantswarrant and agree that:
(a) theywill not submit any Content that is unlawful or fraudulent, or that thePromoter may deem in breach of any intellectual property, privacy, publicity orother rights, defamatory, obscene, derogatory, pornographic, sexuallyinappropriate, violent, abusive, harassing, threatening, objectionable withrespect to race, religion, origin or gender, not suitable for children agedunder 15, or otherwise unsuitable for publication;
(b) theirContent shall not contain viruses or cause injury or harm to any person orentity;
(c) theywill obtain prior consent from any person or from the owner(s) of any propertythat appears in their Content;
(d) theywill obtain full prior consent from any person who has jointly created or hasany rights in the Content to the uses contemplated by these Terms andConditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe theContent creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authorityto grant these rights; and
(f) theywill comply with all applicable laws and regulations, including withoutlimitation, those governing copyright, content, defamation, privacy, publicityand the access or use of others' computer or communication systems.
21. Withoutlimiting any other terms herein, the Eligible Entrant agrees to indemnify thePromoter for any breach of the above terms.
22. As a condition of entering this promotion, each Eligible Entrant licenses and grants the Promoter, itsaffiliates 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, includingbut not limited to future promotional, marketing or publicity purposes, in any media, without compensation,restriction on use, attribution or liability.
23. Entrants consent to the Promoter using their name, likeness, imageand/or voice in the event they are a winner (including photograph, film and/orrecording of the same) in any media for an unlimited period withoutremuneration for the purpose of promoting this promotion (including anyoutcome), and promoting any products manufactured, distributed and/or suppliedby the Promoter.
24. If this promotion is interfered with in any way or is not capable ofbeing conducted as reasonably anticipated due to any reason beyond thereasonable control of the Promoter, including but not limited to technicaldifficulties, unauthorised intervention or fraud, the Promoter reserves theright, in its sole discretion, to the fullest extent permitted by law (a) todisqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancelthe promotion, as appropriate.
25. Any cost associated with accessing the Berocca Australia Facebook Pageis the Eligible Entrant’s responsibility and is dependent on the Internetservice provider used.
26. Nothing in these Terms and Conditions limits,excludes or modifies or purports to limit, exclude or modify thestatutory consumer guarantees as provided under the Competition andConsumer Act, as well as any other implied warranties under the ASIC Actor similar consumer protection laws in the State andTerritories of Australia (“Non-ExcludableGuarantees”). Except for any liability that cannot by law be excluded,including the Non-Excludable Guarantees, the Promoter (including itsrespective officers, employees and agents) excludes all liability (includingnegligence), for any personal injury; or any loss or damage (including loss ofopportunity); whether direct, indirect, special or consequential, arising inany way out of the promotion.
27. 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 notresponsible for and excludes all liability (including negligence), for anypersonal injury; or any loss or damage (including loss of opportunity); whetherdirect, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipmentmalfunction (whether or not under the Promoter’s control); (b) any theft,unauthorised access or third party interference; (c) any entry or prize claimthat is late, lost, altered, damaged or misdirected (whether or not after theirreceipt by the Promoter) due to any reason beyond the reasonable control of thePromoter; (d) any variation inprize value to that stated in these Terms and Conditions; (e) any tax liability incurred by awinner or Eligible Entrant; or (f)use of a prize / participation in aprize / attendance at a prize event.
28. As a condition of accepting a prize, each winner (and his/her companion/s, if applicable) must sign any legaldocumentation as and in the form required by the Promoter and/or prizesuppliers in their absolute discretion, including but not limited to a legalrelease and indemnity form. In the event a winner’s companion (if applicable tothe prize) is under the age of 18, a nominated parent/legal guardian of suchperson will be required to sign the legal documentation required under thisclause on their behalf.
29. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for thispurpose, disclose such PI to third parties, including but not limited toagents, contractors, service providers and prize suppliers. Entry isconditional on providing this PI. The Promoter will also use and handle PI asset out in its Privacy Policy, which can be viewed at
http://www.berocca.com.au/en/privacy-statement/. In addition to anyuse that may be outlined in the Promoter’s Privacy Policy, the Promoter may,for an indefinite period, unless otherwise advised, use the PI for promotional,marketing, publicity, research and profiling purposes, including sendingelectronic messages or telephoning the Eligible Entrant. The Privacy Policyalso contains information about how Eligible Entrants may opt out, access,update or correct their PI, how Eligible Entrants may complain about a breachof the Australian Privacy Principles or any other applicable law and how thosecomplaints will be dealt with. All entries become the property of thePromoter. Unless otherwise indicated by the Promoter, the Promoter maydisclose personal information to entities outside of Australia (for a list ofthe countries, see the Promoter’s Privacy Policy).
30. Entry and continued participation in the promotionis dependent on Eligible Entrants following and acting in accordance with theFacebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
31. This promotion is in no way sponsored, endorsedor administered by, or associated with, Facebook. Eligible Entrants understandthat they are providing their information to the Promoter and not to Facebook.The information an Eligible Entrant provides will only be used for the purposesoutlined in these Terms and Conditions. Any questions, comments or complaintsabout 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 issuffered or sustained by an Eligible Entrant, as a result of participating inthe promotion (including taking/use of a prize), except for any liability whichcannot be excluded by law.
32. The promoter is Bayer Australia Ltd(ABN 22 000 138 714) of 875Pacific Highway, Pymble NSW 2073 (“Promoter”).
