https://www.facebook.com/UPandGOau/photos/a.248655961983748.1073741828.212618008920877/606717509510923/?type=3&theaterWIN the chance of a lifetime to attend the Cleveland Cavs Opening Night on October 25 in Ohio, USA! The lucky winner will receive;
• Flights & Hotel accommodations
• Two tickets to the Cavs vs. NY Knicks game
• Cavs Swag bag
• Pre-game VIP experience and more!
To be in the draw, tell us which mate you would bring with you in the comments.
Comp ends Sunday 25 September.
TERMS AND CONDITIONS:
1.Information on how to enter and the prize 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 2166, telephone (02) 4348 7777 (“Promoter”).
3.Entry is only open to Australian residents aged 18 years or over who are able to travel to the USA from 23/10/2016 – 30/10/2016 (inclusive), if drawn as the winner. Individuals must have a Facebook account in order to access the promotional page.
4.Employees (and their immediate families) of NBA Properties Inc., NBA Media Ventures LLC, the National Basketball Association, its Member Teams and affiliates and agents (collectively “NBA Entities”), the Promoter 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 1st cousin.
5.Promotion commences on 16/09/2016 and ends at 11:59pm AEDST on 25/09/2016 (“Promotional Period”).
6.To enter, individuals must complete the following steps during the Promotional Period:
a)visit the UP&GO Facebook Page at
www.facebook.com/UPandGOau (“Facebook Page”);
b)locate the promotional ‘NBA Opening Night’ Promotion promotional post on the Facebook Page (“Promotional Post”); and then;
c)as a direct comment to the Promotional Post, tell the Promoter who they would bring with them to the NBA Opening Night if they were to win the prize (e.g. a friend, family member, colleague, classmate, neighbour, etc.). Individuals are not required to and should not provide the full name or other personal details of their nominated person (e.g. they can simply provide an indication of their relationship and/or the relevant person’s first name).
7.Incomplete or indecipherable entries will be deemed invalid.
8.Only one (1) entry is permitted per person.
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. Errors and omissions may be accepted at the Promoter’s discretion. 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.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 draw will take place at Anisimoff Legal, 5/210 Central Coast Hwy, Erina NSW 2250 at 10:00am AEST on 26/09/2016. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
12.The winner will be notified via private messenger on Facebook within two (2) business days of the draw and their name will be published on the Facebook Page on 29/09/2016. The winner will then be required to contact the Promoter to claim their prize by 5:00pm AEST on 03/10/2016.
13.The Promoter’s decision is final and no correspondence will be entered into.
14.The first valid entry drawn will win a trip for two (2) people to Los Angeles (California) & Cleveland (Ohio), USA valued at up to AU$30,000 depending on point of departure. The prize includes the following components for two (2) people, unless specified otherwise:
•return economy airfares from winner’s nearest Australian capital city to Los Angeles, California, with flights departing Australia on 23/10/2016 and returning to Australia on 30/10/2016;
•return transfers from the airport to the accommodation in Los Angeles;
•one (1) night twin share accommodation in a minimum 4-star hotel in Los Angeles (exact hotel determined by the Promoter) – before the Cleveland Cavaliers opening night match;
•return economy airfares from Los Angeles to Cleveland, Ohio,
•return transfers from the airport to the accommodation in Cleveland;
•two (2) nights twin share accommodation in a minimum 3-star hotel in Cleveland (exact hotel determined by the Promoter);
•return transfers from the accommodation to the Cleveland Cavaliers opening night match in Cleveland;
•tickets to the Cleveland Cavaliers opening night match against the New York Knicks on 25/10/2016, including a pre-game VIP experience (watching the Cavaliers warm up from the players bench), access to the Court Club and VIP club for food/beverages, and access to the coach’s post-game conference;
•a Cleveland Cavaliers Swag Bag per person (exact contents determined by the Promoter);
•four (4) nights twin share accommodation in a minimum 4-star hotel in Los Angeles (exact hotel determined by the Promoter) – after the Cleveland Cavaliers opening night match;
•tickets to a theme park in Los Angeles (exact theme park determined by the Promoter);
•travel insurance, up to the value of $150 per person;
•AU$1,000 spending money for the winner only, awarded via an electronic funds transfer into an account in the winner’s name.
15.Additional spending money, meals, taxes (excluding airline and airport taxes), additional 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. Prize must be taken to coincide with the Cleveland Cavaliers opening night match on 25/10/2016 with flights departing Australia on 23/10/2016 and returning to Australia on 30/10/2016, and is subject to booking and flight availability. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. A credit card imprint may be required from the winner at check-in to the hotel for all incidental charges. Winner will be required to sign a prize acceptance form (including liability and publicity waiver) within 1 week of being notified as the winner to formally accept the prize. The winner’s companion will also be required to sign a prize acceptance form (including liability and publicity waiver) before the prize booking can be made. The prize booking must be finalised within 2 weeks of the prize draw (i.e. by 10/10/2016). Prize is a single event holiday and cannot be separated into different holiday vacations. No compensation or alternative travel plans will be arranged should the winner and/or their companion miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the responsibility and expense of the winner and travel partner. Once booking is confirmed no changes are allowed, unless otherwise authorised by the Promoter in its absolute discretion and if permitted will incur a fee of $150 including GST plus supplier charges which is payable by the winner. Travel suppliers/airlines to be chosen at the discretion of 33 Degrees Worldwide Pty Ltd (the Prizing Agency). The winner and their companion agree they will not sell or otherwise provide their story and/or photographs to any media or other organisation.
16.The winner and his/her companion will each be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. Travel insurance will be provided by the Promoter’s nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the winner and/or companion, the winner forfeits that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount.
17.Subject to the unclaimed prize draw clause, if for any reason the winner does not take/redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
18.If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
19.The Cleveland Cavaliers opening night match 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 the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
20.Total prize pool value is up to AU$30,000.
21.The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
22.A draw for the prize, if unclaimed, may take place on 04/10/2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified via private messenger on Facebook within two (2) business days of the re-draw and their name will be published on the Facebook Page on 05/10/2016. The winner will then be required to contact the Promoter by the time stipulated in the notification message in order to claim their prize. If the winner fails to claim their prize by specified time/date, the Promoter will contact the next valid entrant drawn in the unclaimed prize draw, and so on, until the prize is successfully claimed.
23.Entrants consent to the Promoter and NBA Entities using their name, likeness, image, city and State/Territory of residence, and/or voice in the event they are a winner (including photograph, film and/or recording of the same and/or other visual likeness) 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/or NBA Entities or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission, or notification.
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 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.Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
26.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 (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and NBA Entities (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.
27.Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and NBA Entities (including their respective parent companies, subsidiaries, affiliates, advertising/promotional agencies, representatives, officers, employees and agents) are not responsible for and exclude all liability (including negligence), from any claim, action, liability, injury; or any loss or damage (including, without limitations, personal injury, death to the winner or any third party, damage to personal or real property or 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 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 reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the Cleveland Cavaliers opening night match event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in the prize; or (g) any other reason, including the acceptance, possession, use or misuse of the prize and/or participation in the promotion.
28.As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
29.The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to NBA Entities, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
http://www.sanitarium.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter and NBA Entities may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will generally not disclose entrant’s PI to any entity outside of Australia, with the exception of the NBA Entities located in the USA and in the case of the winner whose details will be disclosed to prize suppliers located in the USA in order to organise the prize. The Promoter cannot guarantee that any overseas recipient will comply with the Australian Privacy Principles, and each entrant acknowledges that entrants’ PI may be subject to laws and regulations in such other countries relating to the protection of PI. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
30.Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
31.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. LTPS/16/07310, ACT Permit No. TP16/01814, Permit No. T16/1642I
Australian Competitions Club
