TERMS AND CONDITIONS
1) Information on how to enter and the prizes form part of these terms and conditions (Terms and Conditions). Participation in this “So Good Shake Off 2022” (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 family) of the Promoter and agencies associated with the 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 commences on Monday 7th March at 9AM AEDST and entries close at 11:59pm AEDST on Thursday 17th March (“Promotional Period”). The promotion consists of 2 consecutive weekly ‘game of skill’ competitions, a determination of an overall ‘game of skill’ winner from the group of weekly winners at the end of the promotion, as well as a ‘game of chance’ random draw of 15 winners from all eligible entries, at the end of the promotion. The opening and closing dates and times for the weekly ‘game of skill’ competitions are as follows (times given are AEDST as the case may be).
|
Weekly Competition |
Entry Period Commencement (9am on the following dates): |
Entry Period Closure (11.59pm on the following dates): |
Weekly Winner determination |
| 1) |
7/3/2022 |
10/3/2022 |
13/3/2022 |
| 2) |
14/3/2022 |
17/4/2022 |
20/3/2022 |
Entries in a Weekly Competition do not carry over to, and are not eligible to be judged in, subsequent Weekly Competitions.
5) To enter individuals must:
a) Visit the So Good AU Instagram page (https://www.instagram.com/sogoodau/?hl=en); or
b) Visit the So Good AU Facebook Page (https://www.facebook.com/SoGoodAU); and
c) Leave a comment on the promotional post sharing their favourite shake/smoothie recipe.
6) 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/.
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 before the Promoter delivers the prize.
8) Incomplete or indecipherable entries will be deemed invalid.
9) Multiple entries are permitted per person however each entry must be submitted in a separate comment (if applicable), be substantially unique and in accordance with entry requirements.
10) Entrants are prohibited from winning multiple prizes.
11) If there is a dispute concerning the conduct of the 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) Method of determination of winners:
a) The top Shake Off entry submitted in the relevant Weekly Competition will be determined on creative merit by a panel of judges (Judging Panel) at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale, NSW on the dates and times listed under the ‘Weekly Winner Determination’ heading of the table at clause 5 (Weekly Winners). Entries in a Weekly Competition do not carry over to, and are not eligible to be judged in, subsequent Weekly Competitions. The Weekly Winners will be notified by email within two (2) business days of the Judging Panel’s determination.
b) The two (2) winning entries from each Weekly Competition will be submitted to a public voting campaign on a dedicated Facebook and Instagram post commencing 9AM AEDST Tuesday 22nd March and closing 9AM Tuesday 29th March to determine the overall winner. The entry with the most public engagements as outlined in the relevant social post will be deemed the Overall Winner, as determined on creative merit by the voting public (Overall Winner) at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale, NSW. The entry with less public engagagements will be deemed the Runner Up (Runner Up). The Overall Winner and Runner Up will be notified by email within two (2) business days of the Judging Panel’s determination.
c) The Promoter will also randomly draw fifteen (15) entries from all eligible entries submitted during the Promotional Period at 12pm AEDST on 30 March 2022 (Draw Date) at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale, NSW (Draw Winners). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The Draw Winners will be notified by email within two (2) business days of the Draw Date.
d) The Overall Winner, Runner Up and Draw Winners will also be published on the Website for 28 days from the date that they are determined.
e) The Overall Winner, Runner Up and Draw Winners must claim their prize within 3 weeks of being notified that they are a winner, by providing their postal address, bank details (where relevant) and any other information reasonably requested by the Promoter.
13) The prize(s) awarded to the winner(s) for each promotion is listed in the table below.
|
Prize |
Individual Prize Value (AUD) |
Number Of Winners |
Total Prize Value (AUD) |
|
Overall Winner 1x Vitamix 066572 Explorian Series E310 Blender, 1x 1L Carton So Good Almond Unsweetened, 1x 1L Carton So Good Soy Original, So Good Tote Bag, So Good Stainless Steel Smoothie Tumbler, $100 Supermarket Voucher |
$611.55 |
1 |
$611.55 |
|
Runner Up 1x Apple AirPods (3rd Gen) , 1x 1L Carton So Good Almond Unsweetened, 1x 1L Carton So Good Soy Original, So Good Tote Bag, So Good Stainless Steel Smoothie Tumbler, $50 Supermarket Voucher |
$372.55 |
1 |
$372.55 |
|
Draw Winners 1x portable Boose Blender, 1x So Good Tote Bag, 1x So Good Stainless Steel Smoothie Tumbler |
$108.90 |
15 |
$1,633.50 |
14) There are no bonus prizes awarded as part of this Promotion.
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 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.
17) The total prize pool value is $2,617.60 AUD.
18) Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
19) 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:
a) 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;
b) their Content shall not contain viruses or cause injury or harm to any person or entity;
c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d) the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
e) 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
f) 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.
20) As a condition of entering the 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.
21) 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 the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
22) If the 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.
23) 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.
24) 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.
25) 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.
26) The 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 the 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.
27) 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 32 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. The Promoter is unlikely to send information overseas.
28) 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 (Promoter). Phone number: 1800 673 392.
29) 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 and conditions of use) (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 28 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.