“UP&GO 12 Days of Christmas Giveaway 2020” PROMOTION

TERMS AND CONDITIONS 

  1. 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.
  2. Entry is only open to Australian residents aged 15 years or over.
  3. Entrants under 18 years old must have parental/guardian approval to enter and further, the 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 (or collecting or accepting any prize the subject of this promotion).
  4. Employees (and their immediate family) 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 first cousin.
  5. The promotion consists of 12 separate prize draws in the month of December 2020, with the entry period for the first prize draw commencing at 9am AEDST on 1 December 2020 and the entry period for the final prize draw closing at 12pm AEDST on 28 December 2020 (Promotional Period). Details of all entry period commencement and closure dates in respect of the promotion are as follows:

 

Draw Entry Period Commencement
(9am AEDST on the following dates):
Entry Period Closure
(12pm AEDST on the following dates):
Draw Date
(1pm AEDST on the following dates):
1. 1/12/2020 2/12/2020 2/12/2020
2. 2/12/2020 3/12/2020 3/12/2020
3. 4/12/2020 7/12/2020 7/12/2020
4. 7/12/2020 8/12/2020 8/12/2020
5. 9/12/2020 10/12/2020 10/12/2020
6. 11/12/2020 14/12/2020 14/12/2020
7. 14/12/2020 15/12/2020 15/12/2020
8. 16/12/2020 17/12/2020 17/12/2020
9. 18/12/2020 21/12/2020 21/12/2020
10. 21/12/2020 22/12/2020 22/12/2020
11. 23/12/2020 24/12/2020 24/12/2020
12. 24/12/2020 28/12/2020 28/12/2020
  1. To enter one of the above draws, individuals must, during the Promotional Period:
    • follow and be following at the time of draw, UP&GO Australia on Instagram (accessible by the handle @upandgoau) (Instagram Page); and
    • on the promotional Instagram post in respect of the particular draw the individual wishes to enter (Promotional Post), like the Promotional Post and leave a comment which tags one friend or family member’s Instagram account, in accordance with the instructions provided on the Promotional Post. The Promotional Post for a particular draw will be published immediately prior to the Entry Period Commencement for that draw. For the avoidance of doubt, an entry into one draw does not carry over, and constitute an entry, to subsequent draws.
  2. Entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed here: http://instagram.com/about/legal/terms/. For the avoidance of doubt, entrants’ profiles must be on public display and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for entry.
  3. 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 before the Promoter delivers the prize.
  4. Incomplete or indecipherable entries will be deemed invalid.
  5. Limit on entries: Multiple entries are permitted per person however each entry must be submitted in a separate comment, be substantially unique (including that a different friend or family member’s Instagram account is tagged for each unique comment) and in accordance with entry requirements.
  6. Provided that an entrant complies with clause 10 and these Terms and Conditions generally, an entrant is not prohibited from winning multiple prizes.
  7. If there is a dispute concerning the conduct of this promotion (including as to 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.
  8. Determination of winner(s):
    • The random draw(s) will be conducted electronically from all eligible entries in respect of that particular draw, and take place at Sanitarium Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company ABN 63 096 452 872 at 1 Sanitarium Drive, Berkeley Vale NSW 2261, at 1:00pm AEDST on the Draw Date specified for that draw, as indicated at clause 5.
    • 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) in respect of a draw, will be notified in writing through the Instagram Messenger function associated with the Instagram account they used to enter the draw, within 2 business days of the relevant Draw Date.
    • The winner(s) in respect of a draw, will be published on the relevant Promotional Post on the Instagram Page within 2 business days of the relevant Draw Date.
  9. The prize(s) awarded to the winner(s) for each draw is listed in the table below. The first valid entry/entries drawn in respect of each draw will be awarded the corresponding prize, up to the number of winners for that draw, as set out in the table below.
Draw Prize Number of winners Individual Prize Value (AUD) Total Prize Value (AUD)
1. UP&GO Branded Plastic Thongs 20 $20 $400
2. UP&GO Branded Bucket Hat 20 $24 $480
3. UP&GO Branded Hard Cooler & 2 x UP&GO Fridge Packs 1 $50 $50
4. Light Up Wheels Metallic Retro Skateboard 3 $35 $105
5. $50 Steam Gift Card 3 $50 $150
6. UP&GO Dairy Free Branded Bum Bag 10 $10 $100
7. UP&GO Branded Beach Bag 10 $20 $200
8. UE Boom 3 in the colour, Lagoon Blue 1 $199 $199
9. Inflatable Croc Rider 1 $8 $8
10. Nintendo Switch Console in Neon (Model 99212) 1 $449 $449
11. 1 x Oakley Holbrook Sunglasses, Polished Black / Prizm Sapphire Iridium (Model OO9102) 1 $203 $203
12. Apple AirPods 2nd Generation 1 $249 $249

There are no bonus prizes awarded as part of this promotion.

  1. 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.
  2. Subject to the unclaimed prize draw clause, if for any reason the 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.
  3. The total prize pool value is $2,593 AUD.
  4. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  5. A draw for the prizes if unclaimed will take place at Sanitarium Health Food Company at 1 Sanitarium Drive, Berkeley Vale NSW 2261 at 2pm AEDST on 18 January 2021 (Unclaimed Prize Draw), subject to any directions from a regulatory authority. In the case of a winner, they will be notified in writing within 2 business days of the Unclaimed Prize Draw and must claim their prize within 3 weeks of the Unclaimed Prize Draw. The unclaimed prize winners (if any) will be published on the Instagram Page and the Webpage from 20 January 2021.
  6. If there is no prize winner(s) or the prize winner(s) (including any winner(s) of the unclaimed prize draw) cannot be found, the Promoter will publish this information on the Instagram Page and the Webpage from 10 February 2021 for a period of 28 days.
  7. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    • they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    • their Content shall not contain viruses or cause injury or harm to any person or entity;
    • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    • the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
    • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  1. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. 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 or Facebook. Instagram and 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.
  8. 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 30 or emailing CustomerRelations@Sanitarium.com.au. All entries become the property of the Promoter. Visit https://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.
  9. 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, 2261. Phone number: 1800 673 392.
  10. If any terms and conditions are imposed by a third party on a winner’s ability to use some or all of the prize (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 26 applies equally to limit the liability of any Third Party Provider in respect of the conduct of the promotion or the issue or use of any prize awarded in respect of the promotion.