To enter, individuals must, during the Promotional Period:
(depending on and subject to availability) purchase any two UP&GO™ products (Participating Products) in the same transaction from a participating retailer
TERMS & CONDITIONS
UP&GO™ Power Tools Promotion
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.
Entry is only open to Australian residents aged 18 years or over who otherwise qualify as an eligible entrant for the prize draw under these Terms and Conditions.
Directors, officers, management and employees (and their immediate families) of the Promoter and any benefiting organisations, agencies, companies and participating retailers 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 first cousin.
The promotion commences at 12.00am AEST on 1 September 2021 and entries close at 11.59pm AEST on 30 September 2021 (Promotional Period).
To enter, individuals must, during the Promotional Period:
(depending on and subject to availability) purchase any two UP&GO™ products (Participating Products) in the same transaction from a participating retailer (a participating retailer will be displaying point of sale materials about this promotion) and collect the itemised purchase receipt (Purchase Receipt);
visit the website upandgoryobi.com.au (Website) and:
complete the entry form, including by providing their full name, date of birth, email address and contact phone number;
enter the last 4 digits of the barcode on each of the two Participating
Products into the entry form; and
use the swipe mechanic on the Website (by either swiping or clicking, depending on the device used) to find out if they are an instant winner and the prize that they have won.
Participating Products are not specially marked and must be purchased in the Promotional Period. The Promoter does not warrant that Participating Products will be available in all retail stores that usually sell Participating Products and/or at all times during the Promotional Period.
Entries into this promotion are limited to two per person per day.
For the avoidance of doubt, if an individual purchases four Participating Products in the same transaction during the Promotional Period, they may enter twice into the promotion, however must complete a separate form for each set of two products. Provided that an entrant complies with these Terms and Conditions, an entrant is not prohibited from winning multiple prizes.
Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Instant win game materials are void if stolen, defaced, forged, mutilated or tampered with in any way.
Entrants must retain the Purchase Receipt for all entries as proof of purchase. Failure to provide the Purchase Receipt upon request may, at the discretion of the Promoter, result in an invalidation of all of an entrant's entries and ability to win any prize(s). Each Purchase Receipt must clearly identify where the Participating Product was purchased, the product/s purchased (which must be a Participating Products) and the date of purchase. If, in the Promoter's opinion, an entrant has shared a Purchase Receipt with another person, all affected entries will be invalid and will lose any right to a prize.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and place of employment) 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, is ineligible to enter the promotion, or has tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. Winners must upon request supply suitable identification before the Promoter delivers the prize.
The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, indecipherable or incorrectly submitted.
If there is a dispute concerning the conduct of this promotion (including the identity of an entrant) or in respect to claiming a prize, the Promoter will consider the entrant's grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
Upon completing the steps set out at clause 5, an entrant will be notified on the Website immediately (Winner Notification) if they have won a prize, and the description of the prize.
A confirmation email will be sent to the email address provided by the winner and the winner will be asked to provide their postal address.
A list of all winners will be published on the Website from 4 October 2021 for a period of 28 days.
The following instant win prizes are randomly awarded based on a pre-determined prize winning ratio by a computerised system at 5/9 Fitzpatrick St, Revesby NSW 2212:
RRP (AUD) of prize
Quantity in prize pool
Ryobi Power Tool Pack as further described at clause 15.
$200 Ryobi branded physical eftpos gift card.
There are no bonus prizes awarded as part of this promotion.
Each Ryobi Power Tool Pack comprises of the following Ryobi products:
RRP (AUD) of item
Drill Driver Kit
2 x 5.0Ah Battery
Tool Bag Large
Subject to a winner's compliance with these Terms and Conditions, prizes will be posted or couriered to the address within Australia nominated by the winner within 28 days of the Winner Notification.
All prizes are deemed to be claimed at the time the Promoter dispatches the prize to the winner pursuant to clause 16. All prizes must be claimed before 3.00pm AEDST on 24 January 2022 (Prize Claim Date).
Prize/s, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
If a prize (or part of a 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.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize), including by reason of failing to provide accurate contact details, then the prize will be forfeited.
The total prize pool value is AUD $81,827 across Australia.
A draw for any prize/s which are unclaimed (in accordance with clause 17) by the Prize Claim Date may take place from amongst all non-winning entries on 28 January 2022 at 11am AEDST at 5/9 Fitzpatrick St, Revesby NSW 2212, subject to any directions from a regulatory authority. Unclaimed prize/s will be awarded to randomly drawn entrants. In the case of a winner, they will be notified by email by 31 January 2022. The unclaimed prize winner/s will be published on the Website on 31 January 2022 for a period of 28 days and must claim their prize within this time. If there is ultimately no prize winner, or a prize winner cannot be found, the Promoter will publish this information.
The Promoter’s decision is final and no correspondence will be entered into.
Entries must be received during the Promotional Period and will be deemed to be received only when received by the Promoter. If an entrant returns a Participating Product, their entry may be deemed invalid at the Promoter's discretion (unless the product is defective). Automatically generated entries or entrants who enter using multiple phone numbers/email addresses/addresses/aliases may be disqualified.
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.
By entering, entrants request that their full address not be published.
Participants must not:
tamper with the entry process;
engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
act in a disruptive, annoying, threatening, abusive or harassing manner;
do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion;
breach any law; or
behave in a way that is otherwise inappropriate.
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.
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 2010 (Cth), as well as any other implied warranties under 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; and
without limiting clause 31(a), is not responsible for and excludes all liability in any way out of: (i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (ii) any theft, unauthorised access or third party interference; (iii) any entry 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; (iv) any variation in prize value to that stated in these Terms and Conditions; (v) any tax liability incurred by a winner or entrant; (vi) use of a prize or (vii) the prize being delayed, lost, damaged or misdirected in transit or upon delivery to the nominated Australian address due to any reason beyond the reasonable control of the Promoter.
The Promoter is not responsible for any tax implications arising from the winning of prizes. Winners should seek independent financial advice.
If for GST purposes this promotion results in any supply being made for non-monetary consideration, entrants must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Any cost associated with accessing the Website is the entrant’s responsibility. The Promoter is not liable for any problems with communications networks.
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.
This promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. Entrants provide their information to the Promoter and not to any social media platform.
Entrants completely release any relevant social media platforms from any and all liability. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook, Instagram or Twitter.
. All entries become the property of the Promoter.
The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, Australia 2261. Phone Number: 1800 673 392.
The Promoter is a benefiting organisation (as defined in the Community Gaming Regulation 2020 (NSW)) in respect of this promotion. The other benefiting organisation is Techtronic Industries Australia Pty Limited ABN 98 002 277 509 trading as Ryobi Australia.
NSW Authority No TP-00554
SA Permit No. T21/1016
ACT Permit No. TP 21/01113