Up & Go – NBA League Pass – Win 1 of 1,000 league passes
TERMS AND CONDITIONS
1. Information on how to enter, how to claim, and the prizes 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. Employees (and their immediate families) of the Promoter, NBA Properties Inc., the National Basketball Association (“NBA”), the NBA member teams, NBA TV, LLC and NBA Media Ventures, LLC (collectively, the “NBA Entities”) 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.
5. 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.
6. The promotion commences at 7.00am (AEDST) 27 Febrary 2018 and closes at 11.59am (AEDST) on Monday 12th March 2018 (“Promotional Period”). Entries that are not received by the Promoter on or before the Closing Time will be ineligible.
7. To enter, individuals must, during the Promotional Period:
(a) View the promotional ‘UP&GO’ Facebook post in their newsfeed or visit the UP&GO page on Facebook (www.facebook.com/UPandGOau) directly (“the UP&GO Facebook Page”).
(b) Follow the prompts to the “Win an NBA League Pass” application. Input the required details accurately as prompted.
(c) Read the NBA’s terms of use waiver (“Terms”) and select the appropriate tick box, acknowledging and accepting these Terms and the Terms and Conditions for the promotion. It is the responsibility of the entrant to read and understand these Terms, as well as the Terms and Conditions for the promotion, in full.
(d) Submit the completed entry form.
8. 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.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Only one (1) entry permitted per person in accordance with entry requirements.
11. 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.
12. The draw will take place at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale at 12:00pm AEDST on Monday 12th March 2018. The winners will be notified by email within 2 days of the draw. The draw for any unclaimed prize will take place at Sanitarium Health & Wellbeing, 1 Sanitarium Drive, Berkeley Vale at 12:00pm AEDST on Monday 2nd April 2018, subject to any written directions from a regulatory authority. The winners, if any, will be notified by email within 2 days of the draw.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. There will be one thousand (1,000) winners selected at random. The first one thousand valid entries drawn will each win the prize.
a) Each winner will receive the prize of a one (1) month NBA League Pass subscription for the current (2017/2018) regular season. Each one-month NBA League Pass is valued at AU$40.99. The one-month NBA League Pass subscription is only valid for use from the date the winner is notified until 31st August 2018.
c) The Promoter will issue the winner with one (1) unique NBA League Pass access code, enabling the winner to access the one (1) month NBA League Pass subscription effective immediately, until it’s expiration on 31st August 2018.
d) Returned acknowledgment of the NBA League Pass Waiver deems that the winner has read and accepted the NBA League Pass Terms of Use.
e) Only one (1) unique league pass code will be issued per individual. The Promoter is not required to submit any additional codes for any reason and is not responsible if the code issued is lost or stolen.
15. The NBA reserves the right in its absolute discretion to change or amend the NBA fixture without notice. Neither the Promoter nor the NBA accepts responsibility for the cancellation or delay of any basketball game for any reason beyond the control of the Promoter or the NBA.
16. If for any reason a winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
17. The Promoter takes no responsibility for lost or stolen NBA League Pass subscription codes or access details. If the winner is under 18 years of age the prize will be awarded to the winner’s nominated parent or guardian. Any person under 18 must have the approval of a parent or guardian to redeem the prize.
18. By accepting the prize each winner agrees to comply, and ensure to comply, with the NBA League Pass conditions, which apply to any NBA League Pass, won in conjunction with the promotion.
19. Total prize pool value is up to AU$40,990. Each prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.
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”). Neither the Promoter, nor the NBA Entities shall 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.
21. Entrants consent to the Promoter and the NBA Entities 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.
22. 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.
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, 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 and The NBA (including their 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 and the NBA Entities (including their respective parent companies, subsidiaries, affiliates, directors, governors, owners, distributors, retailers, assignees, advertising/promotion agencies, representatives, officers, employees and agents) are not responsible for and exclude 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 or the NBA Entities’ 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 or the NBA Entities;
(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.
25. Any cost associated with accessing the promotional website 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. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to 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 Facebook. 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.
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, 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. All entries become the property of the Promoter. Visit http://www.sanitarium.com.au/privacy for the Promoter’s privacy policy. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information overseas, and it cannot guarantee that any overseas recipient will comply with the Australian Privacy Principles, and despite this, you consent for this to occur and agree not to hold the Promoter liable in this regard.
28. If you have selected the option to receive information and offers from the NBA Entities, you understand and agree that the NBA Entities also collect your personal information, including on behalf of network associations, including the Women’s National Basketball Association, NBA G League, or NBA.com Network to communicate with you, and for any of the purposes set out in the NBA’s privacy policy (available at http://www.nba.com/news/privacy_policy.html#/ or by emailing FanRelations@NBA.com), and that the personal information you provide will be disclosed to and used by the NBA Entities under the terms of The NBA’s Privacy Policy, which contains information about how you may access and seek to correct your personal information or complain about a breach of your privacy, and how The NBA will deal with that complaint. The NBA may disclose your personal information to other parties, including The NBA’s third party service providers. From time to time, these third parties may be located (and so your personal information may be disclosed) overseas, including in India, the USA and the UK, and other countries from time to time. The NBA Entities may use and disclose your personal information for direct marketing purposes, unless you opt out (which you can do at any time in accordance with The NBA’s Privacy Policy), and for facilitating further offers directly from third parties if you opt in to receive those offers. You can request to access, update or correct any personal information The NBA holds about you by writing to The NBA’s Privacy Officer at 645 Fifth Avenue, New York, NY 10022, Attn: NBA.com Network Fan Relations or sending an email to FanRelations@NBA.com.
29. The NBA reserves the right in its absolute discretion to change or amend the International NBA 2017/18 Regular Season Fixture without notice. Neither the Promoter nor the NBA accept responsibility for the cancellation or delay of any basketball game connected with this Promotion for any reason beyond the control of the Promoter or The NBA.
NSW Permit No. LTPM/17/02197
ACT Permit No. TP17/01672
SA Permit No. T18/266.