Cetaphil – Win 1 of 3 Cetaphil Baby Hampers

“WIN ONE OF 3 CETAPHIL BABY PRODUCT HAMPER” PROMOTION

TERMS AND CONDITIONS
1. Information on how to enter, the mechanics of entry and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Entry is via Internet only.

PROMOTIONAL PERIOD
2. Promotion commences at [12:00AM] ([AEDT)] on 14/12/2017 and ends at 11:59pm (AEST) on 21/12/2017 (“Promotional Period”).

ELIGIBILITY
3. Entry is only open to Australian residents aged 18 years or over who:

(i) Receive the Babyology eDM and click on URL; AND

(ii) State in 25 words or less why they love using Cetaphil Baby

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.

HOW TO ENTER
5. To enter, Entrants must, during the Promotional Period:

a. Receive the Babyology eDM

b. Click on the URL ‘http://www.cetaphil.com.au/cetaphil-baby-hamper-promotion/’

c. Send an email to cetaphil.au@galderma.com and state in 25 words or less why they love using Cetaphil Baby

6. Only one (1) Entry is permitted per person. Any Entry of an Entrant after the first valid Entry is received from that Entrant will be deemed invalid.

7. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or indecipherable Entries will be deemed invalid.

8. Costs associated with accessing the Babyology eDM remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.

9. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.

WINNER DETERMINATION
10. All eligible Entries will be judged by a panel of appropriately qualified judges by 11:59pm (AEDT) on 05/01/2018 at Galderma Australia Pty Ltd, Suite 4, 13B Narabang Way, Belrose NSW 2085 to determine the winner. The judges may select additional reserve Entries, which they determine to be the next best, and record them in order, in case of an invalid Entry or ineligible Entrant. This is a game of skill and chance plays no part in determining the winner. Each Entry will be individually judged based on its literary and creative merit.

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

12. The three winners will be notified by 10/01/2018 by email. All reasonable steps to notify the winner of the results of the judging will be taken by the Promoter.

PRIZE
13. The three eligible entries as determined by the judges to be the best from all eligible Entries received during the Promotional Period will win a Cetaphil product hamper valued at up to AUD$150RRP. Each prize includes:

• CETAPHIL BABY GENTLE WASH AND SHAMPOO, 230mL
• CETAPHIL BABY ULTRA MOISTURISING WASH, 230mL
• CETAPHIL BABY MASSAGE OIL, 200mL
• CETAPHIL BABY SHAMPOO, 200mL
• CETAPHIL BABY DAILY LOTION, 400mL
• Cetaphil Gentle Skin Cleanser, 500mL
• Cetaphil Moisturising Lotion, 500mL
• Cetaphil Moisturising Cream, 550g
• Cetaphil Gentle Skin Cleansing Wipes
• Cetaphil Sun SPF50+ Kids Liposomal Lotion, 150mL
• Cetaphil Sun SPF50+ Ultra-light Lotion, 100mL

14. The Entrant whose Entry is judged to be the best Entry must confirm their eligibility to be awarded a prize and their ability to accept a prize within (1) week of being successfully notified by the Promoter that their Entry has been judged as the best Entry, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best Entry within 12 days of the judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept a prize, the Promoter may, in its sole discretion, award the prize to the next reserve Entry judged to be the best. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Terms and Conditions, be deemed a winner of the judging.

15. If the prize (or part of the prize) is unavailable for any reason beyond the Promoter’s reasonable control, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal or greater value and/or specification in lieu.

16. Entrants can only enter in their own name. 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. Errors and omissions may be accepted at the Promoter’s discretion. 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.

17. The prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.

18. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

19. Total maximum prize pool value is up to AUD$450RRP. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash. The prize must be taken as offered and cannot be varied. The prize cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.

GENERAL

20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to their answer to the promotional question (“Content”).

21. 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.

22. Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1) or more of the following types will not be accepted as eligible Entries into the promotion. 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) the Content is the original work of the Entrant that does not infringe the rights of any third party;

(d) 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

(e) 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.

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

24. 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.

25. 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.

26. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.

27. Entrants are solely responsible and liable for their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Instagram Post or Facebook Post in accordance with its prevailing terms and conditions of use. Any Entries that are removed by the Promoter from the Instagram Post or Facebook Post will not be considered eligible Entries for the purpose of the promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).

28. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.

29. 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, as well as any other implied warranties under the ASIC 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.

30. 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 or prize claim 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 the prize.

31. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.

PRIVACY
32. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.cetaphil.com.au. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their PI, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All Entries become the property of the Promoter. The Promoter will not disclose Entrant’s personal information to any entity outside of Australia.

33. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

The Promoter is Galderma Australia Pty Ltd (ABN 12 003 976 930) of Suite 4, 13B Narabang Way, Belrose NSW 2085. Phone: 1800 800 765