UP&GO “CHRISTMAS GIVEAWAY” PROMOTION

“UP&GO Christmas Giveaway” PROMOTION

TERMS AND CONDITIONS

    1. Information on how to enter and the prize/s 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.
    3. 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, 2261. Phone number: 1800 673 392.
    4. 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
    5. There is one promotion, with five scheduled entry periods for entrants to enter. Promotion timings include:
          1. Entry Period 1:
            1. This entry period opens on 12:00pm AEDST Monday 9th December 2019 and closes at 12:00pm AEDST on Tuesday 10th December 2019 (“Entry Period”).
          2. Entry Period 2:
            1. This entry period opens on 9:00am AEDST Wednesday 11th December 2019 and closes at 12:00pm AEDST on Thursday 12th December 2019 (“Entry Period”).
          3. Entry Period 3:
            1. This entry period opens on 9:00am AEDST Friday 13th December 2019 and closes at 12:00pm AEDST on Monday 16th December 2019 (“Entry Period”).
          4. Entry Period 4:
            1. This entry period opens on 9:00am AEDST Tuesday 16th December 2019 and closes at 12:00pm AEDST on Wednesday 18th December 2019 (“Entry Period”).
          5. Entry Period 5:
            1. This entry period opens on 12:00pm AEDST Wednesday 18th December 2019 and closes at 12:00pm AEDST on Thursday 19th December 2019 (“Entry Period”).
          6. Entry Period 6:
            1. This entry period opens on 9:00am AEDST Tuesday 20th December 2019 and closes at 12:00pm AEDST on Monday 23rd December 2019 (“Entry Period”).
    6. To enter, individuals must:
      1. During the Promotional Period, be following the UP&GO Page on Instagram (https://www.instagram.com/upandgoau/) (“Instagram Page”).
    7. 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. 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 at the time that the Promoter delivers the prize.
    8. Incomplete or indecipherable entries will be deemed invalid.
    9. Limit on entries: Multiple entries are permitted however each entry must be submitted separately and in accordance with entry requirements.
    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. Winner determination:
      1. The random draw will take place at Sanitarium, Australian Health & Nutrition Association Limited trading as Sanitarium Health & Wellbeing Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 392 at the outlined date and time for each promotion.
            1. Promotion 1:
              1. 12:00pm AEDST on Tuesday 10th December (“Promotional Period”).
            2. Promotion 2:
              1. 12:00pm AEDST on Thursday 12th December (“Promotional Period”).
            3. Promotion 3:
              1. 12:00pm AEDST on Monday 16th December (“Promotional Period”).
            4. Promotion 4:
              1. 12:00pm AEDST on Wednesday 18th December (“Promotional Period”).
            5. Promotion 5:
              1. 12:00pm AEDST on Thursday 19th December (“Promotional Period”).
            6. Promotion 6:
              1. 12:00pm AEDST on Monday 23rd December (“Promotional Period”).
      2. The Promoter may identify additional reserve entries and record them in order in case an invalid entry or ineligible entrant is chosen
      3. The winners will be notified through Instagram Messenger within two (2) business days of the draw date. The winners will be published on the promotional post at:
            1. Promotion 1:
              1. 12:30pm AEDST on Tuesday 10th December (“Promotional Period”).
            2. Promotion 2:
              1. 12:30pm AEDST on Thursday 12th December (“Promotional Period”).
            3. Promotion 3:
              1. 12:30pm AEDST on Monday 16th December (“Promotional Period”).
            4. Promotion 4:
              1. 12:30pm AEDST on Wednesday 18th December (“Promotional Period”).
            5. Promotion 5:
              1. 12:30pm AEDST on Thursday 19th December (“Promotional Period”).
            6. Promotion 6:
              1. 12:30pm AEDST on Monday 23rd December (“Promotional Period”).
    12. The Promoter’s decision is final and no correspondence will be entered into.
    13. Prize Details:
      1. Promotion 1: There will be Twenty (20) winners randomly selected who will each receive one (1) UP&GO Fridge Pack to the value of $14.40 AUD.
      2. Promotion 2: There will be five (5) winners randomly selected who will each receive one (1) Netflix Digital Gift card to the value of $170.00 AUD.
      3. Promotion 3: There will be one hundred & fifty (150) winners randomly selected who will each receive 3 (3) packages of UP&GO Wrapping Paper to the value of $3.90 AUD.
      4. Promotion 4: There will be five (5) winners randomly selected who will each receive one (1) JBL Flip 5 Bluetooth Portable Speaker to the value of $149.00 AUD.
      5. Promotion 5: There will be twenty (20) winners randomly selected who will each receive one (1) UP&GO Shirt to the value of $40.00 AUD.
      6. Promotion 6: There will be one (1) winner randomly selected who will each receive one (1) Nintendo Switch to the value of $449.00 AUD.
    14. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
    15. 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.
    16. 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) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
    17. Total prize pool value is $3,717.
    18. Prize/s, or any unused portion of a prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
    19. A draw for all prizes if unclaimed may take place on 13th January 2020 at Sanitarium Health & Wellbeing at 1 Sanitarium Drive, Berkeley Vale NSW 2261 at 2:00pm AEDST, subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within two (2) business days of the draw through Instagram. The winners will be published online at www.up&go.com.au from 15th January 2020.
    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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
    22. 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 (Cth), as well as any other implied warranties under the ASIC Act (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.
    23. 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 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; <span”>(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 of a prize.
    24. Any cost associated with accessing Instagram 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.
    25. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. 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 Instagram. Instagram 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.
    26. 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, 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, 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. Visit
      http://www.sanitarium.com.au/privacy for the Promoter’s privacy policy. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas, and it cannot guarantee that any overseas recipient will comply with the Australian Privacy Principles, and despite this, you consent for this to occur and agree not to hold the Promoter liable in this regard.

NSW Permit No. LTPM/19/04288
ACT Permit No. TP 19/03039