https://www.upandgowin.com.au/Enter/To enter, individuals must, no more than once per day, during the Promotional Period: purchase any UP&GO product (UP&GO Product) from any retail store that advertises this Promotion and collect the itemised purchase receipt; locate the barcode on the packaging of the UP&GO Product; scan the QR code on the materials advertising this Promotion or go to URL online. Fill in your details and barcode of product to enter.
TERMS & CONDITIONS:
Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this UP&GO Scan to Win Energy and Convenience promotion (Promotion) is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 13 years or over who otherwise qualify as an eligible entrant for the prize draw under these Terms and Conditions.
Entrants under 18 years old must have parental/guardian approval to enter and the parent/guardian 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 or collecting any prize the subject of this Promotion).
Directors, officers, management and employees (and their immediate families) of the Promoter and 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.
This Promotion commences at 12.01am AEDST on 17 January 2024 and entries close at 11.59pm AEDST on 13 March 2024 (Promotional Period).
Entry instructions
To enter, individuals must, no more than once per day, during the Promotional Period:
(depending on and subject to availability) purchase any UP&GO product (UP&GO Product) from any retail store that advertises this Promotion and collect the itemised purchase receipt;
locate the barcode on the packaging of the UP&GO Product;
scan the QR code on the materials advertising this Promotion or go to URL
www.upandgowin.com.au (Website) and follow the prompts to fully complete and submit the displayed form (including by providing their name, mobile number, date of birth and email address), enter the barcode and follow the prompts to activate the “swipe” feature on the promotion entry page,
and they will immediately find out if they are an instant winner in accordance with clause 16.
UP&GO Products may be available for purchase prior to the Promotional Period, but a person cannot enter this Promotion prior to the start of the Promotional Period. UP&GO Products must be purchased during the Promotional Period for valid entry.
The Promoter does not warrant that the UP&GO Products will be available nor that this Promotion will be advertised in all retail stores that usually sell UP&GO Products and/or at all times during the Promotional Period.
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 valid prize claims in excess of the advertised prize pool will be honoured. Instant win game materials are void if stolen, forged, mutilated or tampered with in any way.
Entrants must retain the itemised purchase receipt for all entries as proof of purchase. Failure to provide proof of purchase 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 UP&GO Product was purchased, the product/s purchased and the date of purchase. If, in the Promoter's reasonable opinion, an entrant has shared any proof of purchase 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 this 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 this 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 (or if the winner is under 18 years of age their parent or guardian on their behalf) 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.
Each barcode must be submitted in accordance with the entry requirements set out in these Terms and Conditions. Only one entry per day of the Promotional Period is permitted.
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.
Winners
Winner determination:
Each entry in this Promotion is depicted by the "swipe" feature on the Promotion entry page. Whether the three prize symbols are matching is randomised, based on a pre-determined prize winning ratio by a computerised system. A loss will depict none or less than three matching prize symbols and if the entrant is an instant winner, this will depict three matching prize symbols. For the avoidance of doubt, this is not a game of skill.
Upon completing the steps set out at clause 6, an entrant will be notified immediately if they have won a prize.
A confirmation email will be sent to the email address provided by the winner (Confirmation Email).
A list of all winners will be published on the Website from 12 April 2024 for 28 days.
Prizes
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
Prize Value (AUD) Quantity in Prize Pool
$2,000 digital Gift Card to the winner’s choice of Sydney Tools (‘Tools’) or JB HI-FI (‘Tech’) $2,000 15
$150 cash (EFT transfer) $150 40
$100 cash (EFT transfer) $100 50
$50 cash (EFT transfer) $50 100
$20 cash (EFT transfer) $20 200
There are no bonus prizes awarded as part of this Promotion.
Subject to a winner's compliance with these Terms and Conditions, digital gift vouchers will be emailed to the email address nominated by the winner at the time of entry, subject to clauses 3 and 20 if the winner is under 18 years old.
All prizes are deemed to be claimed when the winner claims their prize pursuant to the instructions set out in the Confirmation Email and supplies Australian bank details and any additional information requested by the Promoter pursuant to these Terms and Conditions, subject to clauses 3 and 20 if the winner is under 18 years old.
If a winner of any prize is under the age of 18 years, the prize may be awarded to the winner's nominated parent or guardian on the winner’s behalf.
Unless expressly set out in these Terms and Conditions, 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.
If any terms and conditions are imposed by a third party on a winner's ability to use some or all of the prize (by way of example, gift card terms of use etc) (Third Party Provider) then the winner must comply with those additional terms (which may include a requirement to demonstrate appropriate standards of behaviour while using the prize) or the winner will forfeit the prize (and the ability to continue to use and enjoy the prize) immediately on notice from the relevant Third Party Provider, or the Promoter (as applicable). Further, the entrant acknowledges and agrees that clause 39 applies equally to limit the liability of any Third Party Provider in respect of the conduct of this Promotion or the issue or use of any prize awarded in respect of this Promotion.
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) pursuant to these Terms and Conditions by the time stipulated by the Promoter, including by reason of failing to provide an accurate email address or Australian bank details, then the prize will be forfeited.
The total prize pool value is AUD $50,000.
Unclaimed prizes and unallocated prizes
If a prize/s remain unallocated at the end of the Promotional Period, a draw for the unallocated prize/s may take place at 5/9 Fitzpatrick St, Revesby, NSW 2212, at 11.00am AEST on 12 April 2024 (Unallocated Prize Draw). Only entrants who have not already won a prize pursuant to clause 16 will be included in the Unallocated Prize Draw. In the case of a winner, they will be notified in writing and published on the Website from 12 April 2024 for a period of 28 days and must claim their prize in accordance with these Terms and Conditions.
A draw for any prize/s which are unclaimed in accordance with these Terms and Conditions (whether they were awarded during the Promotional Period or in the Unallocated Prize Draw) by 11:59pm AEST on 14 May 2024 may take place from amongst all non-winning entries on 15 May 2024 at 11.00am AEST 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 17 May 2024. The unclaimed prize winner/s will be published on the Website on 17 May 2024 for a period of 28 days and must claim their prize within this time.
If there are less entries than there are prizes, the Promoter may, in its sole discretion:
randomly allocate the remaining prizes pursuant to the Unallocated Prize Draw even if that means that some entrants will win more than one prize for an entry; or
subject to any written directions from a regulatory authority, determine not to allocate the remaining prizes.
If required by law, any unallocated prize draw and/or unclaimed prize draw, and associated announcement will be supervised by an independent scrutineer.
If more than one prize is to be awarded in any unallocated prize draw and/or unclaimed prize draw, the prizes will be awarded in descending order of value.
General
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 an UP&GO 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 the business of the Promoter and any products manufactured, distributed and/or supplied by the Promoter.
By entering, entrants request that their full address not be published.
Where the winners are published on the Website, the Promoter will publish each winner's first name initial, full last name and postcode unless the winner has requested that the Promoter not do so. Where the winner wins multiple prizes, the winner's name will only be published once.
Participants must not:
tamper with the entry process;
engage in any conduct that may jeopardise the fair and proper conduct of this 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 this 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) 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 this Promotion; and
without limiting clause 39(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 or Australian bank account 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 and is dependent on the Internet service provider used. 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.
The Promoter collects personal information in order to conduct this 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, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised by the entrant, 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 using the details in clause 45 or emailing
CustomerRelations@Sanitarium.com.au. All entries become the property of the Promoter. Visit
http://www.sanitarium.com.au/corporate/privacy for the Promoter's privacy policy, which contains information about how entrants may seek to access or correct their personal information held by the Promoter or complain about a breach of their privacy, and how the Promoter will deal with that complaint. The Promoter may share personal information with third parties located outside of Australia, including the United States of America and New Zealand. While such third parties will often be subject to privacy and confidentiality obligations, such obligations may be less stringent than the requirements under Australian privacy laws and the Promoter cannot guarantee that the recipient will comply with Australian privacy laws, and despite this, an entrant consents for this to occur and agrees not to hold the Promoter liable in this regard.
The Promoter will use reasonable endeavours to comply with the timeframes as set out in these Terms and Conditions subject to the entrant’s compliance with these Terms and Conditions (including responding to requests for information from the Promoter in a timely manner) or other events beyond the reasonable control of the Promoter which may otherwise affect specified timeframes.
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.
Australian Competitions Club
