“TIME TO TREAT YOURSELF – WIN A SHARE OF $10K” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes 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. 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. Employees (and their immediate families) of 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, stepgrandparent,
uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister
or 1st cousin.
4. The promotion commences at 12:00am AEDST on 01/02/2016 and final
entries close at 11:59pm AEST on 10/04/016. The promotion will be divided
into ten (10) weekly entry periods (each a Weekly Entry Period”). Entries into
each Weekly Entry Period open at 12:00am each Monday and close at
11:59pm each Sunday between 01/02/2015 and 10/04/2016. All times will be
AEDST or AEST, as applicable in NSW.
5. To enter, individuals must during a Weekly Entry Period, visit
www.phisohex.com.au, follow the prompts to the promotion entry page,
input the requested details including an answer to the promotional question
“How could Phisohex give you confidence in your skin?” in 25 words or
less and submit the fully completed online entry form.
6. 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each entry must be
substantially unique; and (c) each entry must be submitted separately and in
accordance with entry requirements.
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9. 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.
10. The judging for each Weekly Entry Period will take place at Aspen
Pharmacare Australia Pty Ltd, 34-36 Chandos Street, St Leonards NSW
2065. The judging for each Weekly Entry Period, will commence on the
Tuesday following entries close for that Weekly Entry Period. Non-winning
entries in each Weekly Entry Period will be entered into any subsequent
Weekly Entry Periods. Winners will be notified by email and telephone. This is
a game of skill and chance plays no part in determining the winners. Each
entry will be individually judged based on originality and creative merit of the
answers provided to the promotional questions.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The best valid entry, as determined by the judges, for each Weekly Entry
Period, will each win a $1,000 Pre-loaded Visa Card.
13. Any ancillary costs associated with redeeming the Pre-loaded Visa Card are
not included. Any unused balance of the Pre-loaded Visa Card will not be
awarded as cash. Redemption of the Pre-loaded Visa Card is subject to any
terms and conditions of the issuer including those specified on the Pre-loaded
Visa Card. The Pre-loaded Visa Card is only valid once it has been activated.
The Pre-loaded Visa Card will be valid for 12 months from the date of issue.
14. If the winner of a prize is under the age of 18 years, the prize will be awarded
to the winner's nominated parent or guardian.
15. If for any reason a winner does not take and/or redeem a prize by the time
stipulated by the Promoter, then the prize will be forfeited.
16. 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.
17. Total prize pool value is $10,000. Prizes, or any unused portion of a prize,
are not transferable or exchangeable and cannot be taken as cash.
18. Entrants agree that they are fully responsible for any materials they submit via
the promotion including but not limited to answers to promotional questions
(“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,
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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 their original literary work, 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 the
Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968
(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) to modify, suspend, terminate or cancel the promotion, as
appropriate.
22. 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.
23. Nothing in these Terms and Conditions limits, excludes or modifies or
purports to limit, exclude or modify the statutory consumer guarantees as
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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 NonExcludable
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.
24. Except for any liability that cannot by law be excluded, including the NonExcludable
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 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) any tax liability incurred by a winner or entrant; or
(f) use/redemption of a prize.
25. As a condition of accepting a prize, the winner 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 a winner 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.
26. 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 agents, contractors, service providers and prize
suppliers. 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.phisohex.com.au/privacy. In addition to any use 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 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 not
disclose entrant’s personal information to any entity outside of Australia.
27. The Promoter is Aspen Pharmacare Australia Pty Ltd (ABN51 096 236 985) of
34-36 Chandos Street, St Leonards NSW 2065.
