www.swisse.com/competitionsSUMMER OF CRICKET” PROMOTION
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 Swisse Vitamins Pty Ltd (ABN 62 004 926 005) of 36 – 38 Gipps Street, Collingwood, Victoria 3066, telephone (03) 9418 6767.
3.Entry is only open to Australian residents aged 18 years or over who can travel from 3rd April 2012 to 13th April 2012. Employees (and their immediate families) of the Promoter, participating Chemist Warehouse, My Chemist, Discount Vitamin Warehouse stores and e-pharmacy (
www.epharmacy.com.au) 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.
4.To be eligible to enter, individuals must purchase any Swisse product from any Chemist Warehouse, My Chemist or Discount Vitamin Warehouse store nationally (“In Store Purchases”) or online at
www.epharmacy.com.au,
www.chemistwarehouse.com.au or
www.mychemist.com.au/ (“Online Store Purchases”) between 6th February 2012 and close of business on 11th March 2012 (for In Store Purchases) and 10pm AEDST on 11th March 2012 (for Online Store Purchases) (“Qualifying Purchase”).
5.To enter, eligible individuals must then complete any one of the following entry mechanics:
(a) Mail Entry: fully complete the official entry form (found at particpating Chemist Warehouse, My Chemist and Discount Vitamin Warehouse stores and available online to print from any of the Online Store websites listed above), including their full name, residential address, phone number and valid email address, attach their original purchase receipt (for In Store Purchaes) or the print-out of the purchase invoice (for Online Store Purchases) and send together to ‘Swisse Summer of Cricket’ Promotion, c/o Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne VIC 3004, so it is received by last mail on 15th March 2012; OR
(b) SMS Entry: send an SMS to 0447 237 774 containing their: (i) full purchase receipt number (for In Store Purchases) or full invoice number (for Online Purchases); (ii) their first name; (iii) last name; and (vi) postcode, (in that order with a space between each item) so that it is received by 11.59pm AEDST on 11th March 2012. SMS entry cost will vary depending on the mobile network used but will not exceed 55c; OR
(c) Online Entry: visit
www.swisse.com, follow the prompts to the promotion entry page, input the requested details, including their full name, residential address, phone number, valid email address, date of purchase and full receipt number (for In Store Purchases) or full invoice number (for Online Store Purchases) and submit the fully completed entry form, so it is received by 11.59pm AEDST on 11thMarch 2012.Individuals who enter via the online entry mechanic must complete a new online entry form for each product purchased. Individuals who enter via SMS must send a separate SMS for each product purchased.Individuals who enter via mail must either: (i) include all Swisse products purchased in one transaction on the one entry form; or (ii) complete a new entry form for each Swisse product purchased in the one transaction. The entry form/entry forms (as applicable) relating to the one transaction must be attached to the relevant original purchase receipt/invoice and must be included in one envelope.
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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs. 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.
7.Incomplete, indecipherable or illegible entries will be deemed invalid.
8.Multiple entries permitted, subject to the following: (a) only one entry permitted per Swisse product purchased in accordance with clause 4; (b) each entry must be submitted separately and in accordance with entry requirements; (c) a maximum of four (4) entries permitted per household; and (d) a maximum of four (4) entries permitted per mobile phone number.
9.Entrants who enter online and via SMS must retain their original purchase receipt(s)/invoice(s) for all entries as proof of purchase. Entrants who enter via mail must send their original purchase receipt/invoice with their entry form. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase. Purchase receipt(s) and invoice(s) must show that the purchase was made during the promotional period but prior to entry.
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.SMS entry cost will vary depending on the mobile network used but will not exceed 55c. SMS winners will be contacted by SMS and/or phone and, if necessary, the Promoter will record their address details so that the prize may be awarded. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
12.The promotion commences on 6th February 2012 and ends for purchases at close of business on 11th March 2012 (for In Store Purchases) and 10pm AEDST on 11th March 2012 (for Online Store Purchases). Entries close at 11.59pm AEDST on 11th March 2012 (for internet and SMS entries) and last mail received on 15th March 2012 (for mail entries).
13.The draw will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne Victoria 3004 on 19th March 2012 at 2pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
14.The winner will be notified by phone and in writing and the winner’s name will be published in The Australian on 21st March 2012.
15.The Promoter’s decision is final and no correspondence will be entered into.
16.The first valid entry drawn will win a trip for themselves and three (3) friends (each aged 18 years or over) to Barbados, West Indies to attend the Australia v. West Indies 2012 1stTest in Barbados valued at up to AU$24,040 depending on point of departure. The prize includes:
1.four (4) return economy airfares from the winner’s nearest capital city to Barbados, West Indies;
2.eight (
nights twin share accommodation at Divi Southwinds, Barbados West Indies;
3.breakfast daily;
4.four (4) match tickets to the 1st Test in Barbados;
5.return transfers between Kensington Oval, Bridgetown and Divi Southwinds Hotel, Barbados each day (for the 1st Test in Barbados);
6.the winner and his/her three (3) friends will also be able to attend and watch a private training session of the Australian Cricket team. Exact date of training session the winner and his/her companions will attend will be determined by the Promoter in its absolute discretion. The Promoter will notify the winner of the exact date closer to the event taking place;
7.question and answer session with Australian team management of Cricket Australia;
8.harbour lights beach party including barbeque dinner; and
9.Cricket Australia merchandise (exact merchandise to be awarded to the winner and his/her three travel companions will be determined by Cricket Australia and the Promoter in their absolute discretion).
17.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. Prize must be taken to coincide with the 2012 West Indies tour event with flights departing on 3rd April 2012 and is subject to booking and flight availability.
18.The tickets awarded as part of the prize 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 companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
19.The winner and his/her companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation.
20.The winner and his/her companions must depart from and return to the same departure point and travel together.
21.Itinerary to be determined by the Promoter in its absolute discretion.
22.Frequent flyer points will not form part of the prize.
23.Prize is subject to the standard terms and conditions of individual prize and service providers.
24.The winner may be required to present their credit card at time of accommodation check in.
25.In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
26.Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
27.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.
28.Total prize pool value is up to AU$24,040.
29.Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
30.A draw for the prize, if unclaimed, may take place at 9.15am AEDST on 26th March 2012 at the same place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by phone and in writing and their name will be published in The Australian on 27th March 2012.
31.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.
32.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.
33.Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
34.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.
35.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 (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.
36.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 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) taking of the prize.
37.As a condition of accepting the prize, the winner (and his/her companions) 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.
38.The Promoter collects personal information in order to conduct the 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 Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
NSW Permit No. LTPS/12/12684 VIC Permit No. 12/13 ACT Permit No. TP12/15 SA Permit No. T12/12
Australian Competitions Club
