“So Good Make Mornings So Good” 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 aged 18 years or over.
3. 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 first cousin.
4. The promotion consists of 3 separate prize draws, with the entry period for the first prize draw commencing at 12:00PM AEDST on Monday 1 March 2021 and the entry period for the final prize draw closing at 11:59PM AEDST on Sunday 21 March 2021 (Promotional Period). Details of all entry period commencement and closure dates in respect of the promotion are as follows:

5. To enter one of the above Draws, individuals must, during the Promotional Period, do one of the following:
   • visit the So Good AU page on Facebook at www.facebook.com/SoGoodAU (Facebook Page) and leave a comment on the promotional post in respect of a particular Draw the individual wishes to enter in accordance with the instructions provided on the promotional post (which will require the individual to vote for their favourite breakfast option from the listed options); OR
   • during the Promotional Period, visit So Good AU on Instagram at instagram.com/sogoodau (Instagram Page) and leave a comment on the promotional post in respect of a particular Draw the individual wishes to enter in accordance with the instructions provided on the promotional post (which will require the individual to vote for their favourite breakfast option from the listed options);

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, into subsequent Draws.

6. Entrants must act in accordance with Instagram and Facebook’s requirements and terms of use at all times. For the avoidance of doubt, entrants’ Instagram 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.
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.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Limit on entries: Only one (1) entry is permitted per Draw, per person. Therefore, an individual may enter the promotion a total of three (3) times.
10. Provided that an entrant complies with the limit on entries in clause 9 and these Terms and Conditions generally, an entrant is not prohibited from winning multiple prizes.
11. 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.
12. Winner determination:

• 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 4.
• 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 by the Promoter responding to the winner(s) post on the Facebook Page or Instagram Page (as the case may be), within 2 business days of the relevant Draw Date. The winners will be published at sogood.com.au/startyourdaydairyfree-winners (Webpage) and also on the relevant promotional post on both the Facebook Page and the Instagram Page within 2 business days of the Draw Date.
• The winner(s) must contact the Promoter through the Facebook or Instagram Page (as the case may be) by direct message and claim their prize within 3 weeks of the relevant Draw Date.

13. Draw Prize/s and how each is awarded: The first 100 valid entries drawn in each Draw will each win a So Good branded Boose portable blender valued at up to $69.95. There are no bonus prizes awarded as part of this promotion.
14. Each Draw and any unclaimed prize draw, will be supervised by an independent scrutineer.
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) within 3 weeks of the relevant Draw Date, then the prize (or that element of the prize) will be forfeited.
17. Total prize pool value is up to $20,985.
18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
19. A draw for any unclaimed prizes may take place from all valid entries in the promotion across all three (3) Draws, at 3.00PM AEST on Thursday 15 April 2021 at Sanitarium Health Food Company, 1 Sanitarium Drive Berkeley Vale, subject to any directions from a regulatory authority. Any winner(s) will be notified in writing within two (2) business days of the unclaimed prize draw. The winner(s) will be published on the Website and on the relevant promotional post from Monday 19 April 2021.
20. 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.

21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. Any cost associated with accessing Facebook or 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.
27. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or 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 or Instagram. Facebook and 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.
28. 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 29 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.
29. 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.
30. 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).

NSW Authority No TP-00554
SA Permit No.  T21/208
ACT Permit No. TP 21/00221

Winners