UP&GO “WIN A SUMMER STASH OF CASH” PROMOTION

TERMS AND CONDITION

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. 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.

3. Entry is only open to Australian residents aged 13 years or over.

4. Entrants under 18 years old must have parental/guardian approval to enter and the relevant 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

5. 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.

6. The promotion commences on 1 November 2018 and closes at 11:59pm AEST/AEDST on 28 November 2018 (“Promotional Period”).

7. To enter, individuals must:

(a) purchase a 350mL UP&GO Choc Ice, UP&GO Vanilla Ice, UP&GO Strawberry or 500mL bottle of UP&GO Choc Ice, UP&GO Vanilla Ice, UP&GO Strawberry, UP&GO Banana, UP&GO Energize Choc or UP&GO Energize Iced Coffee during the Promotional Period (“Qualifying Spend”);

(b) visit either:

1. https://www.facebook.com/UPandGOau or

2. https://www.instagram.com/upandgoau

and follow the prompts to the promotion entry page; and

(c) complete and submit the online entry form during the Promotional Period, including their name, address, date of birth, and barcode associated with their Qualifying Spend.

8. Entrants may enter as many times as they like provided that each entry:

(a) is  unique and associated with a separate Qualifying Spend; and

(b) complies with the requirements in clause 7.

Only one entry per individual per day will be deemed to be an eligible entry into the Promotion under these Terms and Conditions.

9. The Promoter may require a winner to provide evidence of each purchase of a Qualifying Spend for all entries made in order to claim the prize.

10. 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.

11. Incomplete or indecipherable entries will be deemed invalid. Any incorrect entrant details submitted may render the corresponding entry invalid. It is each entrant’s responsibility to inform the Promoter if their personal details change prior to the Winner Notification Date. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly on the entry form by an entrant will deem an entry invalid.

12. 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.

13. A draw will take place at the Promoter’s address at 1 Sanitarium Drive, Berkeley Vale, NSW at 12pm AEST/AEDST on each of the following dates (in respect of the nominated period (each a Designated Draw):

(a) 12 November 2018 in respect of the period from the start of the Promotional Period until 11:59pm on 7 November 2018 (Designated Draw 1);

(b) 19 November 2018 in respect of the period from 12:00am on 8 November 2018 until 11:59pm on 14 November 2018 (Designated Draw 2);

(c) 26 November 2018 in respect of the period from 12:00am on 15 November 2018 until 11:59pm on 21 November 2018 (Designated Draw 3); and

(d) 3 December 2018 in respect of the period from 12:00am on 22 November 2018 until the end of the Promotional Period (Designated Draw 4).

An eligible entrant may only win a maximum of 1 prize from each Designated Draw.

14. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner/s will be notified via email within two (2) business days of the draw date (being the relevant Notification Date below). The winner/s will be published online at:

(a) https://www.facebook.com/UPandGOau and

(b) https://www.instagram.com.au/upandgoau

on the Notification Date for a period of 5 business days (as follows):

(a) in respect of Designated Draw 1, the Notification Date is 14 November 2018 and the winner/s will remain published online from the Notification Date until 20 November 2018;

(b) in respect of Designated Draw 2, the Notification Date is 21 November 2018 and the winner/s will remain published online from the Notification Date until 27 November 2018;

(c) in respect of Designated Draw 3, the Notification Date is 28 November 2018 and the winner/s will remain published online from the Notification Date until 4 December 2018; and

(d) in respect of Designated Draw 4, the Notification Date is 5 December 2018 and the winner/s will remain published online from the Notification Date until 11 December 2018.

An independent person will scrutinise each draw and the announcement of the prize winners following each draw.

15. The Promoter’s decision is final and no correspondence will be entered into.

16. The first 25 valid entries drawn from eligible entrants from each Designated Draw will each win $1,000 cash. The prize will be transferred into the nominated bank account of each winner.

17. If a winner of any prize is under the age of 18 years, the prize will be awarded to, and deposited into the bank account of, the winner’s nominated parent or guardian on the winner’s behalf.

18. 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.

19.  Subject to the unclaimed prize draw clause, if for any reason a winner has not notified the Promoter of its bank account details by 10 business days after the date of the Designated Draw, or 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. The Promoter will deposit the prize into each winner’s bank account within 10 business days of receiving confirmation of their bank account details.

20. Total prize pool value is up to $100,000.00.

21. Prize/s, or any unused portion of a prize, are not transferable or exchangeable, unless otherwise specified.

22. A draw for the prize/s if unclaimed (and no reserve entries were recorded as contemplated by clause 14) may take place on 4 February 2019 at the Promoter’s address at 1 Sanitarium Drive, Berkeley Vale, NSW at 12pm AEST/AEDST, subject to any directions from a regulatory authority. In the case of a winner, they will be notified by email within two (2) business days of the draw (i.e. by 6 February 2010) and must notify the Promoter of its bank account details by 10 business days (i.e. by 18 February 2019) after the date of the unclaimed prize draw, or otherwise forfeit their right to the prize. The winners of any unclaimed prize draw will be published on 6 February 2019 online as contemplated by clause 14.

23. 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.

24. 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.

25. 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.

26. 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;

(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.

27. Any cost associated with accessing Facebook and 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.

28. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook and 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 Facebook and Instagram. Facebook 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.

29. 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 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 2 or emailing CustomerRelations@sanitarium.com.au. All entries become the property of the Promoter. Visit http://www.sanitarium.com.au/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. Sanitarium is unlikely to send information overseas.

NSW Permit No. LTPS/18/27062

ACT Permit No. TP18/01543

SA Permit No. T18/1376